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DOCUMENTSS DEPARTMENT
VOLUME TWO
Appendix to the Journa
of the Senate
LEGISLATURE OF THE STATE OF CALIFORNIA
1959 REGULAR SESSION
REPORTS
January Fifth to June Nineteenth
HON. GLENN M. ANDERSON HON. HUGH M. BURNS
Presideni of the Senaie President pro Tempore
J. A. BEEK
Secretary of //le Senofe
TABLE OF CONTENTS
VOLUME TWO
Justice. Joint Judiciary Committee on Administration of
^ Pflrtifll Tlf-port — Th(^ Cfllif('rriin .Tudifinr.v
^^fiocfiiKl rarlinl Kfjicrl — Oj^prfltJon of the Oourts
^"Third and Final Kepcirf — Oriirie and Criminfll Courts in Oftlifornia
Legislative Representation, Special Legislative Committee on
lA?i «{ Lpiiislntirc Advocfllfs fniil Orj^firjizfllions
-t<ii}'l'lf'nifril?j] Ijist of Lftrislfllire Advocnffs and Orpnniznlion
Mental Illness, Senate Interim Committee on the Treatment of
_^ <"flJifornJfl's Ifflpidl.T CbflTj.£.'iri£: MfTilal Hpflllh Progrflm , Ij-^^r, ' j/^ "j < 'i f
Onification of rsychiatrir Tfrhiiifjans
Narcotics. Senate Interim Committee on
Public Education System, Joint Interim Committee on
Prfliminary Prosrcss Report
Public Health. Senate Interim Commtitee on
Pliridrifss Prfrrntion
'^ iyif>(]jrfil Quarkcr.T — Spoond Projiress Rfjrorl
AI^dif■fl] Quaokpry — Final Report
Public Utilities. Senate Interim Committee on
Small Boat Harbors, Senate Interim Committee on
Social Welfare, Senate Interim Committee on
Licensing of Sorial Workfrs
' Medical Care Profrram for Piihlic AssistAnt<e Recipients
Subdivision Development and Planning, Senate Interim Committee on
Tax Committee, Joint Legislative
Un-American Activities, Senate Fact Finding Committee on
Tf-nlh Rf-r-orf
Water Projects, Senate Interim Committee on Proposed
Water Resources Development Problems, Joint Interim Committee on
Digitized by the Internet Arcinive
in 2010 witii funding from
San Francisco Public Library
http://www.archive.org/details/appendixtojourna19592cali
Partial Report of the
JOINT JUDICIARY COMMITTEE ON
ADMINISTRATION OF JUSTICE
Appointed Pursuant to Senate Concurrent Resolution No. 34 of the
1957 Regular Session of the California Legislature
ON
THE CALIFORNIA JUDICIARY
MEMBERS OF THE COMMITTEE
SENATORS ASSEMBLYMEN
Edwin J. Regan Bruce F. Allen
Chairman Vice Chairman
Stanley Arnold William Biddick, Jr.
John William Beard John A. Busterud
Car! L. Christensen, Jr. George G. Crawford
James A. Cobey Robert W. Crown
Nathan F. Coombs Louis Francis
Richard J. Dolwig Richard T. Hanna
Fred S. Farr Thomas J. MacBride
Donald L. Grunsky 3. C. Masterson
Robert I. McCarthy (vice Bruce Sumner
Earl D. Desmond, Howard J. Thelin
deceased)
Richard Richards
GOSCOE O. FARLEY
Executive Director
JOHN A. BOHN
Counsel
Published by the
SENATE
OF THE STATE OF CALIFORNIA
1959
GLENN M. ANDERSON
President of fhe Senafe
HUGH M. BURNS JOSEPH A. BEEK
Presidenf pro Tempore Secretary of the Senafe
LETTER OF TRANSMITTAL
Senate, California Legislature
May 5, 1959
To the President of the Senate
The Speaker of the Assembly
and Other Members of the Senate and Assembly
The Joint Judiciary Committee on Administration of Justice, created
by 1957 Senate Concurrent Resolution No. 34, herewith submits a
partial report, on The California Judiciary.
The two remaining parts of the report, namely. The Operation of
the Courts and Criminal Procedure, will be submitted within a few
weeks.
The committee's findings and recommendations on this subject are
stated at the conclusion of each chapter of the report.
Respectfully submitted.
Edwin J. Regan, Chairman
Bruce F. Allen, Vice Chairman
Stanley Arnold
John William Beard
Carl L. Christensen,
James A. Cobey
Nathan F. Coombs
Richard J. Dolwig
Fred S. Farr
Donald L. Grunsky
Richard Richards
William Biddick, Jr.
John A. Busterud
Jr. George G. Crawford
Robert W. Crown
Louis Francis
Richard T. Hanna
Thomas J. MacBride
S. C. Masterson
Bruce Sumner
Howard J. Thelin
(3)
CONTENTS
Page
INTRODUCTION 7
1. Judges' Delays in Deciding Civil Cases 8
2. Judicial Patronage : probate appraisers 14
3. Marriage Mills 20
4. Working Hours and Vacations 30
5. Selection of Judges 34
6. Compensation and Retirement System 45
7. Removal of Judges 48
8. A Court Administrator 52
Appendices 55
(5)
INTRODUCTION
This committee did not begin its study — nor end it — with the feeling
that California judges are a group seriously in need of renovation. The
quality of the state judiciary, as a whole, has a high reputation both
within the California borders and across the country.
But there is room for improvement.
This fact became increasingly clear to the committee as it undertook
to investigate, one after another, complaints made to it by individual
attorneys, by bar associations, and by other members of the judiciary.
These complaints were directed at certain judges who failed in one way
or another to render the service required by their position. Some de-
laj^ed decisions for months or even years. Some took long vacations
and worked short hours, despite backlogs of cases awaiting trial. Some
refused to accept assignment to cases they found unpleasant or dull.
Some interrupted court sessions to perform numerous marriages, which
they made a profitable sideline by illegally extracting fees for the
ceremonies. Some tolerated petty rackets in and around their courts,
often involving "kickbacks" to court attaches. Some failed to appear
for scheduled trials because they were intoxicated — or they took the
bench while obviously under the influence of liquor. Some clung dog-
gedly to their positions and their salaries for months and years after
they had been disabled by sickness or age.
It is the eradication of conditions like this that the committee has in
mind when recommending improved methods of screening the appoint-
ment of judges, more effective procedures for the removal of judges
guilty of serious misconduct, and a closer administrative supervision
over judges.
(7)
1. JUDGES' DELAYS IN DECIDING CIVIL CASES
Clogged calendars and huge backlogs of waiting cases plague the
civil courts in major California cities. But the committee found another
kind of delay in some of the smaller cities and rural counties: a long
postponement of decisions by judges who seem unable to make up their
minds.
Most big-city judges, under pressure of the backlog, make rulings
with relative speed so that they can get on with the next case; the
committee received only few complaints about delayed decisions from
metropolitan centers. But a significant number of attorneys from me-
dium and sparsely settled areas registered dissatisfaction with judges
who had kept cases on their desks — or in their files — for as long as
two years. Attorneys were dismayed not only by the delay but by the
fact, they said, that the decisions often showed the judge, with the
passage of time, had forgotten key points in the case. And, once in
a while, a case had to be retried after a long delay because of the
judge's death.
The complaints were numerous enough to indicate the problem was
not of minor proportions, although actually only a small minority of
the judges were offenders. For the hundreds of litigants involved, the
long delays were causing serious hardship, in some cases of a critical
nature. And, regardless of hardship and inconvenience, the situation
was having a damaging effect on public respect for the courts.
The committee, accordingly, sent investigators to those counties where
it had received the most complaints. They could undertake only ''spot"
checks of a court here and there, since the investigation staff was small
and it required two to three weeks to appraise the ease records of a
court for the preceding three years.
Investigators found a serious number of delayed civil decisions in
six or seven California counties. They encountered a substantial but
less serious number in a few other counties. (A more exhaustive study,
of course, might have revealed more.)
It developed that the dilatory judges were resorting to four different
tactics to avoid the state constitutional provision designed to insure
prompt court decisions. This 80-year-old section declares that no judge
shall draw his monthly salary until he signs an affidavit "that no
cause in his court remains pending and undetermined that has been
submitted for decision for a period of 90 days." ^
1 Article VI, Section 24, California State Constitution. For form of affidavit see Ap-
pendix 1.
An eaually ancient statute. Section 632 of the Code of Civil Procedure, provides that
decisions of the superior and municipal courts must be filed within 30 days after
the case is submitted for decision. In practice, this law has been frequently
Ignored, especially since the California Supreme Court construed it to be merely
"directory" and not mandatory. McQuillan v. Donahue. 49 Cal. 157 ; Garrison v.
Rourkc, 32 Cal. (2d) 430, 436.
(8)
THE CALIFORNIA JUDICIARY 9
One tactic of avoidance encountered is clearly illegal : the filing of a
false affidavit, swearing that no case has been pending more than 90
days, when actually one or more have been.
Another method has been used by judges who apparently need time
more than money. They do not file an affidavit, but let their paychecks
accumulate until they have caught up with their decisions enough to
sign the document. Several judges were found who had postponed col-
lecting their salary for more than a year. This habit, while legal and
perhaps convenient for the well-to-do judge, was less than convenient
for the attorneys and their clients whose cases were held up.
A third method of circumvention is technically legal, although it
violates the spirit of the constitutional provision. The judge resubmits
the delayed cases to himself every 90 days — a process that consists
merely of entering in the court minutes that the case has been resub-
mitted. Thus it is possible to maintain the fiction that the case always
has been pending less than 90 days.
The fourth tactic is somewhat similar. The judge does not submit
the case to himself until he is ready to render a decision. Months or
even years may pass after the trial has ended and the closing briefs
have been filed ; then, on a given day, the judge enters an order of
submission and immediately afterwards announces his ruling.
Such tactics are possible, of course, only because the meaning of the
words "submitted" or "under submission" as used in the Constitu-
tion have never been legally defined. As the court pointed out in Wyatt
V. Arnot, 7 Cal. App. 221 (1907), the State Constitution does not flatly
require that a judge must reach a decision within 90 days, it merely
declares he may not draw his salary if decisions are delayed longer
than that. And, with no accepted definition of when a case is to be
considered "submitted", even this restriction can be got around, if a
judge is so inclined. As the court said in Wyatt v. Arnot, "the matter
of time when a judge may decide a case is as much a matter of judicial
discretion as a matter of how he shall decide it. ' '
Committee investigators found that a number of superior court
judges closed each trial with an order instructing counsel for both
sides to file briefs and concluding: "Upon the closing brief being sub-
mitted, the matter to stand submitted upon order of the court." In
other words, the case was not to be considered as submitted until the
court had issued another order. Thereafter — and sometimes it was a
long delayed thereafter — the judge would enter another order : "In
the above-entitled action, it is ordered that said cause be and the same
is hereby submitted for decision." That same day, in each instance, the
judge rendered his decision.
10 JUDICIARY COMMITTEE ON ADMINISTRATION OF JUSTICE
Investigators, in going through the minutes of one such court for
1955-56-57, found the following eases of delayed submission:
Elapsed time between
closing brief
and judge's decisioti ^
Type of case Years Months
Property damage — 5
Breach of contract — 7
Money had and received 1 4
Declaratory relief 1 4
Debt 1 5
Default on promissory note 1 7
In addition, the following cases, not then decided, had been pending for varying
periods when checked by committee investigators as of March 10, 1958 :
Disputed rights to road 1 2
Quiet title 1 2
Foreclosure of lien 1 3
For work, labor, materials 2 2
Damages, conversion personal property 2 4
Money due, lumber contract 2 5
Interestingly, the judge decided aU of his long-pending cases within
a month after the committee investigators left.
In another county that had been a source of complaints about slow
decisions, the committee discovered the following record for a judge
who habitually deferred submitting cases to himself for decision :
Elapsed time betioeen closing Cases
brief and judge's decision found s
Three to six mouths 10
Six to 12 months 13
One to one :!ud one-half years 7
One and one-half to two years 1
Some judges, the committee found, prefer to postpone decisions by
the process of entering minute orders every three months resubmitting
the delayed cases to themselves. This, they feel, permits them to sign
the salary affidavit with a clear conscience. The committee looked into
the record of two judges following this procedure in a Northern
California county and found, between them, the following history of
eases dating back to 1954 :
Average length of time
betioeen first submission and
judge's decision *
Tears Months
3 cases resubmitted once — 6
3 cases resubmitted twice — 7
2 cases resubmitted three times — 10
1 case resubmitted four times — 11
1 case resubmitted five times 1 3
1 case resubmitted six times 1 6
1 case resubmitted eight times 2 10
1 case resubmitted nine times 2 2
1 case resubmitted 10 times 2 7
1 case resubmitted 12 times 2 9
•Data compiled from evidence before executive hearing on March 20, 1958.
» Data compiled from information confirmed by the judge.
* Data compiled from information confirmed by the presiding judge.
THE CALIFORNIA JUDICIARY 11
The story in another county, in Southern California, from which
complaints had been received, proved to be similar:
Average length of time
between first submission and
judge's decision *
Years Months
5 cases resubmitted once — 5
3 cases resubmitted twice — 7
1 case resubmitted three times — 9
3 cases resubmitted four times — 9
4 cases resubmitted five times 1 1
1 case resubmitted six times 1 5
1 case resubmitted eight times 1 5
1 case resubmitted nine times 1 6
The committee came across a few, not many, instances of judges
who had filed untrue salary affidavits stating that they had no cases
that had been pending beyond the 90-day period specified in the State
Constitution. In the most flagrant case that came to the committee's
attention, the judge in recent years had filed at least 29 such affidavits.
Going back to 1955 in the court records, investigators came across
more than 40 cases the judge had kept under submission for from
three to nine months; yet during this time, with few exceptions, he
regularly signed the affidavits and collected his pay.®
The committee heard assorted explanations from judges for their
delays. One was that they wanted to take enough time to be sure they
made the "right" decision. Another rationalization was that if the
court held up on a decision, the parties themselves might work out a
solution. Some judges' defense was that nobody had ever complained
to them, and therefore the problem could not be a serious one.
To these judges, committee representatives pointed out that their
courts were being investigated only because a volume of complaints
had been received from attorneys and others in their area.
It seems clear to the committee that little hope for eliminating slow
decisions lies in the direction of home-town pressure on the judge in-
volved to mend his ways. The only organized means of exerting such
pressure is the local bar association (although frequently a lightly
settled county has none), and local attorneys have shown an under-
standable reluctance to risk incurring the ill will of a judge by asking
him to hurry up with his decision.
Rather, the committee believes that the judges themselves should
clean their own house and prod their procrastinating colleagues into
expediting their output of cases. This could be accomplished through
rules of the Judicial Council.
The present system of monthly reports from superior court clerks in
each county to the Judicial Council, showing the number of cases pend-
ing more than 90 days, should be made more detailed.'^ The reports are
not specific enough: the statistics of all departments of the superior
court in a county are lumped together, and there is no disclosure of
" Data compiled from information confirmed by county clerk.
*Data compiled from evidence before executive hearing on February 26, 1958.
T See Appendix 2 for form of report.
12 JUDICIARY COMMITTEE ON ADMINISTRATION OF JUSTICE
delayed cases that have been covered up by the smokescreen of "resub-
mission" or "deferred submission." The Judicial Council should have
an administrative officer who could go around and gather information
about court operations and place the finger on trouble spots before they
become serious.
If the judges do not correct the situation themselves, legislation will
be required to define the point at which a case should be considered
"submitted" or "under submission"; and to cope with the subterfuge
of resubmission. The Alameda County Bar Association sent a resolution
to the 1958 Conference of State Bar Delegates (Resolution No. 19)
proposing such a measure, and requiring also the keeping of a public
record of submitted cases.^ The bar delegates approved the resolution
in principle. The Board of Governors of the State Bar has now referred
it to its Committee on Administration of Justice for study and report.
A workable system would require judges or their clerks to notify the
Judicial Council of all cases kept under submission more than 90 days,
together with an explanation of the delay. With a court administrator
attached to the council to keep the reporting system under surveillance,
the committee believes a steady decrease in the number of delayed
decisions will be realized.
Municipal Courts
The committee received almost no complaints that municipal courts
were delaying decisions beyond the 90-day period. As a precaution,
however, the committee conducted a spot check of several municipal
court districts. It uncovered no cases of delay.
District Courts of Appeal
In these courts, where ordinarily the contending sides first file their
written briefs and then close their cases with oral arguments, the com-
mittee found that in most districts and divisions the justices (sitting
as a bank of three) usually declare the case submitted as soon as the
oral arguments end. Decisions almost invariably follow within 90 days.
There are, however, some exceptions.
If a similar case is pending before the Supreme Court, the district
court of appeal generally awaits that decision before rendering its own.
In the event opinion is so divided on the court that no two justices
can agree on a tentative decision, they may hold up the order of sub-
mission. Or the justice who has been assigned the writing of the court
opinion may be absent, and the others suspend action until his return.
Such delays cause an occasional contravention of the constitutional
90-day provision.
In several other districts or divisions, however, the practice is to defer
the order of submission until such time as the work of the court permits
the justices to start considering the case. Although these courts some-
times had cases pending up to four or five months from the date of oral
argument or the filing of supplemental briefs, the average time was
slightly under two months.^
8 See Appendix 3.
» SOURCE : Letters from the presiding justice of each district and division, and in-
spection of minutes.
THE CALIFORNIA JUDICIARY 13
The effect of delayed decisions in the appellate courts perhaps is
less serious than iu the trial courts : the points in controversy are apt
to be of law, rather than of fact, so that the judge's memory of the
testimony and demeanor of witnesses is not a factor; and a justice's
death does not mean a retrial of the case.
State Supreme Court
The Supreme Court ordinarily does not go through the formality of
making an order of submission at the conclusion of cases presented to it.
Its decisions, however, are usually handed down in less than 90 days
after the closing arguments and briefs.^^
Findings and Recommendations
A number of superior court judges, without justification, have been
putting off rendering their decisions for periods up to two years or
more. The constitutional prohibition against a judge drawing his salary
if he has submitted cases pending more than 90 days has been evaded
in three ways :
By signing false affidavits;
By vacating orders of submission and entering new orders ; and
By not making orders of submission for long periods after a case
has been submitted by the attorneys.
The constitutional provision also has been avoided by judges not
collecting their salary for periods of a year or so.
These dilatory practices have :
Caused serious hardship to litigants ;
Brought disrepute upon the courts ;
Resulted in erroneous decisions because of judges forgetting the
facts brought out at the trial; and have
Made it necessary to retry cases after a long period of time because
of the judge 's death, or resignation to enter the practice of law.
This situation should be remedied once and for all :
By the individual judges themselves ;
By the Judicial Council insisting upon accurate, monthly reports
from the judges of cases kept under submission, with their rea-
sons; and
By the court administrator, if such an office is created, making
the rounds to see that judges do in fact conform.
If these methods fail, laws should be passed along the lines recom-
mended by the Conference of State Bar Delegates and now being
studied by the State Bar Committee on Administration of Justice (See
Appendix 3). Such a statute should define the word "submitted", for-
bid the vacating of an order of submission without the written consent
of both parties, and require the county clerk to keep a public record
of submitted cases. In addition, it should require the county clerk to
notify the State Controller and the county auditor monthly of all
judges who have kept cases under submission more than 90 days.
'"SOURCE: Letter dated December 18, 1958, from Supreme Court Clerk, and inspec-
tion of minutes.
2. JUDICIAL PATRONAGE: PROBATE APPRAISERS
The committee dug into an old practice that has been bringing dis-
repute upon the courts of San Francisco for more than a generation —
the custom of appointing court attaches and judges' cronies as extra
appraisers for estates.
This nefarious conduct has involved:
The probate court's naming two superfluous appraisers, usually
with no professional qualifications, who nick the estate for the
appraisal fees; and
A system of "kickbacks" of part of the fees to court attaches who
have helped arrange the appointments.
The abuse was already well established in 1931 when the late Perry
Evans, prominent San Francisco lawyer and professor of wills at
Hastings College of Law, wrote an article for the California Law
Review criticizing the law that made it possible. The statute provided
that the probate court should name one of the official inheritance tax
appraisers for the county to make the appraisal, but that the court, in
its discretion, could name two more disinterested persons.^ Wrote Mr.
Evans :
For some time past the bar has considered the appointment of
three appraisers a useless expense, oftentimes amounting to a
scandal, because of the petty graft involved. The inheritance tax
appraiser, or his clerk, ordinarily does whatever work is required,
the other appraisers merely signing their names and presenting
bills sometimes amounting to $100 apiece or more. The State Bar
recommended to the last Legislature an amendment to the law
which would do away with this judicial patronage.^
Two years later, in 1933, the Legislature enacted the bill that Mr.
Evans was referring to ; it specified that the extra appraisers might be
named only "upon the request of the executor or administrator or of
any person interested in the estate. " ^ It added that ' ' any two of them
may act provided one of them be the inheritance tax appraiser." The
official appraiser, in other words, had to concur in any appraisal of the
estate, and the other two could not outvote him.
This change in the law, the committee found, has done nothing visible
to improve the San Francisco situation over the past quarter century.
Committee hearings held in San Francisco on December 3, 1958, and
staff investigation brought out these facts:
That approximately 50 persons, usually either attaches of the court
or judges' friends, took part in the appraisal system.
1 1931 statutes Ch. 281, Sec. 605.
2 19 Cal. Law Rev. 602, 619 (1931).
» Probate Code Sec. 605.
(14)
THE CALIFORNIA JUDICIARY 15
That most of these had slight competence in appraising, and did
little more than sign their names to documents prepared by the
official inheritance tax appraiser in each case.
That attorneys for estates frequently were persuaded by court per-
sonnel to ask the probate judge to appoint two extra appraisers
— this because the law required that some person "interested in
the estate ' ' must make such a request.
That many extra appraisers "kicked back" half of their appraisal
fees to the clerk of the judge appointing them. The regular pro-
bate court clerk admitted he had received $8,394 in kickbacks
in 1953; $6,393 the next year; $8,189 in 1955; $7,282 in 1956;
and similar amounts in 1957 and 1958 up until the time he was
subpoenaed to appear before the committee.
That a similar system existed for appointments of appraisers in
connection with guardianships.
All estates in San Francisco, of course, are not handled in the
dubious manner described. Many of them go through the conventional
procedure, with the attorney for the executor preparing an inventory
of the estate 's assets, known as the ' ' inventory and appraisement, ' ' and
mailing it to the official inheritance tax appraiser. If the estate is a
simple one, the official appraiser can often render his valuation from
this and give it to the probate court. Or, if there are industrial prop-
erties, objects of art or other items requiring specialized knowledge,
the official appraiser may hire an expert to estimate the value.
The committee, however, found that in such cases the probate court
sometimes appointed one competent specialist as an extra appraiser,
along with a bailiff or other unqualified person.
In other cases, the court would name two extra appraisers even
though the estate consisted of assets having such obvious and easily
determined value that the extra appraisers could serve no conceivable
purpose. All they could do was glance over and sign their names at
the bottom of a list of bank accounts, cash, government bonds and
well-known stocks — that, and collect their statutory fee of a tenth of
one percent of the first $500,000 and a twentieth of one percent of the
estate over that amount.
The earnings of extra appraisers in San Francisco ran from a few
hundred dollars a year up to many thousands. The largest moneymaker
the committee found was a former advertising solicitor for a legal
paper, an elderly man confined to his home and a wheelchair. Investi-
gators found that he had been selected as appraiser for more than 280
estates of one kind or another during 1955 and 1956. They ranged in
value up to well over two million. His fees ran around $16,000 a year.
He, however, did not keep all this. Half of the money, according to
testimony, was given to the clerk of the probate court. The woman who
kept books for the elderly man, Mr. A , gave the following expla-
nation on the stand :
Senator Regan: In your keeping of the books, have you been
instructed to make any disposition of any of the moneys which are
received by Mr. A as an appraiser ?
Answer: Yes, sir.
16 JUDICIARY COMMITTEE ON ADMINISTRATION OF JUSTICE
Q. Would you tell us what instructions you have received?
A. I am instructed to divide it half and half.
Q. What do j^ou do with the two halves?
A. Well, one is deposited to Mr. A 's account, and the other
one is a check made out to Mr. R .
Q. He is the clerk of the court of Judge ?
A. Yes, sir.
Q. Has that been the practice in all cases since you came to
assist Mr. A ?
A. Yes, sir.
The court clerk, who had this arrangement with Mr. A , admitted
receiving $30,258 in kickbacks from 1953 through 1956. His relation-
ship with Mr. A , he told the committee, continued up until the
time of the committee investigation.
The clerk also admitted that his arrangement with Mr. A was
no innovation. He was asked :
Q. Isn't it a fact that it was common knowledge around the
City Hall that fees were split in matters of this kind ?
A. I have been there for 34 years, and that is the way it went.
Corroborating testimony came from another witness, a clerk in the
San Francisco City Attorney's office Avho had been a courtroom bailiff
from 1948 to 1955. He was questioned as follows :
Senator Regan : Have you ever acted as an appraiser in any
estate in the City and County of San Francisco ?
A. Yes, I have.
Q. In how many?
A. Roughly around 60, 61 cases.
Q. During what period of time ?
A. From the period 1954 to 19 1 don't think I have had any
this 3^ear * * *
Q. By whom were you appointed in those cases?
A. Judge .
Q. By anyone else?
A. No.
Q. Now, going to the year 1955, according to your records you
received as fees for acting as appraiser the sum of $1,947.34?
A. That is correct.
Q. Did you report the total sum on your California indi-
vidual income tax return?
A. No, I did not,
Q. What did you report?
A. I reported one-half of that amount.
Q. Why did you report only one-half?
A. Because the other half of the fee I split with the clerk (of
Judge 's court).
Q. Did anyone else know that you were making a division of
the fees?
A. Well, my family knew it. I mean, my wife.
THE CALIFORNIA JUDICIARY 17
Q. Did anyone else attached to the conrt know of it?
A. I may have discussed the matter with Judge that I
was splitting the fee with (his clerk).
Q. Now, I want your testimony for the record, because you are
under oath.
A. To the best of my knowledge, T know that Judge knew
that I was splitting it 50-50.
Q. Was it a matter of common knowledge around the courts of
the City and County of San Francisco that this practice about
which you have testified here, the splitting of fees between bailiffs
and courtroom clerks, was going on?
A. I think it is, yes.
Q. It is common knowledge, is it?
A. Yes sir. It has been the custom.
The committee did not call San Francisco judges to testify during
the hearings.
The San Francisco Bar Association, whose members had crusaded
against abuses of the appraiser system in the early 1930s, tried again
in 1955. It sent to the Conference of State Bar Delegates a resolution
calling the extra appraisers a "needless expense."^ As a result, the
State Bar sponsored legislation in the 1957 session to eliminate the
appointment of superfluous probate appraisers.^ A determined lobby
from San Francisco defeated the bill.
A layman might think that if San Francisco attorneys really wanted
to wipe out the extra appraisers system, they could do so simply by
refusing to request them. After all, the 1933 statute says that a person
"interested in the estate" must make the request, and in practice this
nearly always means the probate attorney.
Such thinking, however, ignores the psychological position of the
average probate attorney. The suggestion that he request extra ap-
praisers, the committee learned, usually came from the clerk of the
probate court. Since the clerk generally has working control over the
court calendar, he is in a position to see that attorneys have their cases
called soon after court opens, so that the attorney can leave and get
on with other business ; or the clerk, if he were so minded, could keep
an attorney cooling his heels all morning and into the afternoon, wait-
ing for his case to be called.
The attorney has an additional reason for not wishing to alienate
anyone connected with the probate court. While the law guarantees
him a fixed fee for routine handling of the estate, there may be added
services required, such as suits to quiet title or the preparation of
leases. The attorney's bill against the estate for this extra work must
be approved by the court.
Intangible as these pressures may be, to the attorney they are real.
And even though the judge or his subordinates may never give the
slightest hint of retaliation, it is easy to understand why no attorney
is eager to start a one-man crusade.
Probate lawyers, however, and newspaper reporters in San Francisco
did get in touch with the committee in 1958, telling of court attaches'
* Appendix 4.
^ Senate Bill No. 676.
18 JUDICIARY COMMITTEE ON ADMINISTRATION OF JUSTICE
persistent efforts to have extra appraisers appointed. The committee
staff examined hundreds of probate files and interviewed scores of
persons before calling the December hearings.
Following the hearings and the attendant publicity, the judges of the
San Francisco Superior Court met on January 19, 1959, and adopted
rules outlawing kickbacks to court attaches from any source, prohibit-
ing their appointment as appraisers or receivers, and directing that no
court should appoint extra appraisers "except upon request of the
interested parties in open court or in writing. ' ' ^
The presiding judge also has informed the committee that the pro-
bate court clerk, who was identified during the hearings as long con-
nected with the extra appraisers malpractice, has been transferred to
another department. The presiding judge added that a majority of the
judges favor rotating the assignment of probate judge annually as
soon as the present incumbent, who has conducted the court for 18
years, has retired.
It is probably advisable that an appropriate committee of the Legis-
lature should again scrutinize the Sau Francisco Probate Court follow-
ing the 1959 Session to determine whether abuses of the extra ap-
praisers system have been eliminated. This study undoubtedly could
be limited to San Francisco, inasmuch as it appears to be the only
county in which abuses have developed. The committee was informed
that in recent years extra appraisers have not been appointed in any
other large counties, including Alameda, Los Angeles, Sacramento, San
Diego, San Mateo, Santa Barbara and Ventura. A Los Angeles court
commissioner reported that judges and lawyers there could recall no
time in the past 30 years that the official inheritance tax appraiser had
not been the sole appointee in each case. The commissioner said that
even in the largest probate estate in California's history — the $58,000,-
000 William Randolph Hearst estate — the official appraiser had been
assisted only by experts in painting, ceramics, books, silver and other
art fields, who were brought in on a per diem basis.
In the hope of permanently ending the San Francisco problem, the
committee chairman has introduced Senate Bill No. 168 (January 19,
1959).'^ It would amend Sections 605 and 608 of the Probate Code so
as, in effect, to eliminate the appointment of extra appraisers. This
measure is supported by the State Bar Association.
Findings and Recomnnendations
In San Francisco, probate judges have long tolerated court clerks
pressuring attorneys into consenting to the appointment of two extra,
unneeded appraisers. In numerous instances, these judges have ap-
pointed court attaches, old cronies and other persons with no apparent
qualifications, to value estates for inheritance taxes. Many of these
surplus appraisers have regularly "kicked back" half of their ap-
praiser's fees to the court clerk soliciting the attorneys. Such kickbacks
have amounted to thousands of dollars a year for a probate court clerk.
Extra appraisers are often appointed even when the estate consists of
virtually nothing but bank accounts and listed securities. Unqualified
* Appendix 5.
' Appendix 6.
THE CALIFORNIA JUDICIARY 19
court personnel and others also have been named as guardianship ap-
praisers. On numerous occasions these extra probate and guardianship
appraisers have done nothing but accept some other person's word for
the value of an estate running into hundred of thousands of dollars.
Persons performing no real appraisal function have regularly received
fees totalling as much as $16,000 a year, splitting half of it with the
probate clerk.
It is recommended that this system of judicial patronage, fee split-
ting, pressure on attorneys, and gouging of estates be done away with
by an amendment to Probate Code Section 605 deleting the provision
for discretionary appointment of extra probate appraisers. In addition,
an appropriate interim committee of the Legislature should check the
operation of the San Francisco Probate Court after the 1959 Session
to see that the rules recently adopted by the judges forbidding the
appointment of attaches as appraisers and the splitting of fees is being
enforced and observed.
3. MARRIAGE MILLS
When the committee was surveying congestion in the Los Angeles
courts, it began to receive complaints about two judges who had de-
veloped, over the years, a flourishing business in marriages.
Most of the complaints came from three sources: attorneys, who re-
sented having their cases held up by the judges' frequent disappear-
ances to perform ceremonies in their chambers; the lawyers' clients,
who also took a dim view of the interruptions; and other Los Angeles
judges, who deplored the practice as "undignified" and "degrading"
to the judiciary.
Investigating, the committee found that the two judges had indeed
built a profitable sideline. Their "customers" were couples from all
stations in life, but the bulk of them were working class people or
young servicemen.
These marriage mills, as the press came to call them, involved: (1)
the collection of fees, with either the judge or his clerk a.sking for
them outright or dropping broad hints; (2) the use of elevator opera-
tors and information desk men as "runners" or "steerers" to direct
couples to the judge; (3) a system of money kickbacks from the judge
to the runners.
The committee delved into these matters with a public hearing in
Los Angeles on May 12, 1958. A volume of complaints of a similar
condition in San Francisco led to a hearing in that city on the follow-
ing August 1st.
The evidence brought out that four judges — two in each city — ^had
cornered the lion's share of civil marriages and were augmenting their
judges' salaries by several thousand dollars a year. Committee investi-
gators, after checking marriage license files and interviewing 127
couples married within the year, concluded that one municipal judge
and one superior court judge in Los Angeles were grossing approxi-
mately $10,000 a year each from their marriage business, while two
San Francisco municipal judges were taking in something over a
third of that amount.
The findings from the file check and the interviews were as follows:
Marriages performed
Year Annual
7 i months (esti- Couples said they paid income
1957 mated) Range Average (estimated)
Los Angeles
Superior judge 1,126 1,800 $0-$15 $5.86 $10,500 approx.
Municipal judge 614 980 All 10 10.00 9,800 approx.
San Francisco (6mos.
1957-58)
Municipal judge 225 450 0- 12 8.30 3,700 approx.
Municipal judge 160 320 8- 20 11.00 3,500 approx.
The committee asked the State Legislative Counsel for an opinion
on whether the judges' receipts from marriages (even those which were
claimed to be unsolicited gratuities) were subject to the state income
(20)
THE CALIFORNIA JUDICIARY 21
tax. The counsel replied : "It is our opinion that such gratuities are
compensation for services rendered, and, therefore, are subject to taxa-
tion under the California Personal Income Tax Law." ^
Committee investigators found that all judges had not declared this
income on their state returns in recent years; however, the committee
felt that it was a subject for the State Franchise Tax Board, and did
not follow the matter further except to report the facts to the board.
The committee also inquired into whether any judges had violated
Article VI, Section 15, of the State Constitution, which declares that
no judge shall receive to liis own use any fees or perquisites of office.
Asked for his opinion on how this might apply to marriage fees, the
Legislative Counsel answered :
While the matter is not entirely free from doubt, it is our
opinion that a judge may accept and keep a gratuity given to him
voluntarily by persons for whom he has performed a marriage cere-
mony.
It is also our opinion that a judge has no right to request a fee
for such services and that any fees collected by him upon his
request therefor may be recovered by the person paying the fee.^
Committee investigators, talking with persons who had been married
in 1957 and 1958 by the judges concerned, learned that a majority of
them had been informed, with no beating about the bush, that they
were expected to pay for the ceremony. A succession of these brides and
bridegrooms took the stand during the committee hearings. Excerpts
from their testimony follow :
Q. Did you pay Judge anything for performing the cere-
mony ?
Witness: After the ceremony was performed, he said there
would be a fee of ten dollars. He just said "ten dollars."
Q. How did he say that, as best you can recall what he said?
A. I was kind of nervous then. I don't get married every day,
and I believe he said, "That will be ten dollars," and that was all.
Q. Did you ask him first, or did he ask you?
A. No, he asked me.
* * * * *
Q. (to another witness) Did you pay the judge anything for
performing the ceremony ?
Witness: Yes, I paid ten dollars.
Q. Did he ask you for the ten dollars?
A. He said after the ceremony, "Usually people leave ten dol-
lars."
Q. Did he say that before he gave you the certificate?
A. I guess he said it before, yes.
Q. You paid him ten dollars?
A. Yes.
1 Appendix 7.
' Appendix 8.
22 JUDICIARY COMMITTEE ON ADMINISTRATION OF JUSTICE
Q. (to third witness) Did 3^011 pay anything to be married?
Witness: Yes, after the ceremony he asked for a fee, and my
husband gave him a ten dollar bill and he looked at it Judge
looked at it and said that wasn 't enough, that he wanted more,
and so my husband handed him another five dollars, and he said
that was all right.
*****
Q. (to fourth witness) Did the judge ask for a fee, or did your
husband volunteer ?
Witness: As soon as he pronounced us man and wife he said,
"That will be ten dollars, please," just exactly like that.
*****
Q. (to fifth witness) Did you pay the judge anything for per-
forming the ceremony?
Witness: Yes. He asked me for ten dollars after the ceremony
was finished. I wanted to give him a five.
Q. How did the judge say it, do you recall ?
A. He finished the ceremony. I didn't even kiss her, and he said,
' ' That is ten dollars, please. ' ' That 's it.
In some courts, investigators found, the requests for money were
handled a bit more delicately. Witnesses at the San Francisco hearing
described the clerk-and-envelope technique as follows :
Q. Did you pay the judge anything to perform the ceremony?
Witness: Well, after the ceremony was over and I started to
leave, I was handed an envelope by his assistant, and he told me,
"Will you leave something here for the judge? He usually gets
ten dollars." So I left him ten dollars.
*****
Q. (to another witness) Did the clerk ask for a fee?
Witness: He said that it Avasn't a fee, but that people usually
left ten dollars, and he gave me an envelope, and I put ten dollars
in the envelope and gave it back to him.
*****
Q. Did you pay tlie judge anything for marrying you?
Witness (airman from Hamilton Air Force Base) : I offered it
to the judge He looked at it and he said, "See my clerk." So
I went over to the clerk, and he said, "Well, the price is usually
eight dollars." So I told him I didn't have eight dollars. I was
about to put my five dollars back in my pocket, and he said, "Well,
we '11 take that."
There were others besides the airman from Hamilton Field who
could ill afford the fees extracted from them. One of them was a middle-
aged woman who took the stand and spoke with a strong German
accent :
Witness: To tell you the truth, we didn't have very much money.
My husband was already out of work, without any privilege of
money, you know, unemployment money, and he had lost his wife
THE CALIFORNIA JUDICIARY 23
recently, and we didn't want to go in debt, and I so I told
him we would go to get married in the City Hall.
Q. Why did you say that ?
A. Because I was told when you go to the City Hall it wouldn't
cost you anything besides the two dollars In the old county
it is so, so we already put five dollars in an envelope to give it
to the judge, because we thought it would be enough. We have
to get a little lunch for the two couples, and, as I said, I had to
be very careful. I wanted to go on my own as an emigrant of the
United States.
Q. Did the judge ask you for more money? You had five dollars
in an envelope. Did he ask you for more ?
A. When the ceremony was over, he said, "The fee is ten dol-
lars." So we put another five dollars in and laid the envelope on
the table.
Q. The judge said, "My fee is ten dollars"?
A. Yes, he said not "my fee." He said, "The fee is ten dollars."
Then he went out, and we put the ten dollars in the envelope and
laid it on the table. We were very angry, and then we went out.
******
Q. (at Los Angeles hearing) Were you requested to pay a fee?
Witness: That was the sore spot. Frankly, I had the money,
I had the ten dollars. I couldn't afford it. I no more than says
"I do" and she says "Ten dollars, please." So I paid her.
Q. How did she say that, exactly? Do you remember?
A. Let's see. She says, "That will be ten dollars, please," her
very words.
Q. And you paid the ten dollars ?
A. So I paid the ten dollars.
Q. You felt that you could ill afford that ten dollars?
A. That was the only ten dollars I had.
Q. That was the only ten dollars you had?
A. Yes. I was broke.
A percentage of money collected in the judges' chambers, the com-
mittee found, filtered down to many hands. These belonged to elevator
operators and starters and information desk clerks in the Los Angeles
Hall of Records and Hall of Justice, and to the clerks in the San Fran-
cisco marriage license bureau — all of whom played an important part
in guiding couples toward the marrying judges. Some of these steerers
seemed to develop a vigorous sense of loyalty toward their patron
judge, and the committee was told of sporadic outbreaks of "hijack-
ing" in the corridors and elevators as steerers would spot a couple
headed for the rival judge's chambers and would divert them — if neces-
sary, leave an elevator or desk to pilot them — in the right direction.
These services did not go unrewarded. The system of compensation
was described before the committee by different employees. One of them,
a long-time elevator operator in the Los Angeles Hall of Records, was
questioned as follows:
Q. Now, as I understand it, beginning a number of years ago
you started sending couples to Judge , couples who desired to
be married, and in return you got a dollar fee ?
24 JUDICIARY COMMITTEE ON ADMINISTRATION OF JUSTICE
A. Yes, sir.
Q. When did that practice start, so far as you are concerned?
A. Oh, I would say about ten or twelve years ago.
Q. How did you learn about it? Did she ask you to send couples
to her?
A. No, sir, she didn't ask. That's something it's a practice
that's been going on, that I came in on the program.
Q. So you learned about it from the other elevator operators ?
A. That's right, sir.
Q. Where did you get your dollar? How did she know that you
had sent a couple to her ? How did the system work ?
A. Okay. The system worked this w-ay. Mr. (the starter),
he and Judge had made a deal that whichever one of the
operators sent a couple to her would tell (the starter) and he
would make the collection. She would rather have rather than
all of us running over there to get a dollar, why, each one would
tell (the starter), why, ''I sent one" "I sent two" and in the
afternoon (the starter) would go to Judge and pick up the
money and then he would come back and in turn give it to each
operator.
The elevator operator who had been identified as Judge 's ''pay-
off man" described to the committee how he had served his apprentice-
ship in the steering system. The questioning went as follows :
Q. Mr. , did you have an arrangement with Judge
whereby you would send her couples from time to time to get mar-
ried and she w^ould pay you a dollar ?
A. Yes. Well, you know, this tipping business came around be-
fore I got on the floor. It was going before my time, as you say,
but after I got on the floor, you know, I started sending them
where I could get tips, too, sure.
Q. In other w^ords, when you started to work there you learned
in a short time that if you sent couples to Judge you would
get a dollar per couple?
A. That's right.
Q. About when did you start sending couples to her ?
A. Oh, about ten or twelve years ago or fifteen years ago
when I was a regular on that floor.
Q. And the system was already in effect at that time ?
A. That's right.
Q. Other boys working there, elevator operators, were sending
couples to her and getting a dollar, and they told you so ?
A. That's right.
The judge's system for rewarding clerks on the HaU of Records
information desk was somewhat more personalized. According to testi-
mony, she usually brought the envelopes herself, and maintained a close
contact by telephone. As one of the information clerks took the stand, he
was asked:
Q. What was the practice concerning the referral of couples
to be married and the receipt of gratuities or tips?
A. Well, occasionally she would come over, and my desk — it's
up high, you know, up high She'd come over and drop a biU
THE CALIFORNIA JUDICIARY 25
down over the desk. Wouldn't say what it was for. Sometimes it
would be an envelope. Sometimes it would be just a bill folded up.
Q. Do you recall the amounts of money you received from time
to time from Judge ?
A. I'd receive a five dollar bill occasionally.
Q, Why were you receiving this money?
A. Well, I don't think it was the way I combed my hair.
Q. In your opinion, was it for referring couples to her who
sought to be married ?
A, Absolutely.
Another man who had worked at the Hall of Records information
desk for several years gave corroborating testimony, as follows :
A. On numerous occasions while I was working on the desk, if
I would send one or two or four couples to get married, she would
in turn come and stand by the desk and drop down a five dollar
bill. She never did say what that money was for.
Q. How did she know that you had sent the couples to her ?
A. Well, because in the morning she would inquire as to who
was working on the desk.
Q. Would she phone in the morning when she arrived?
A. Yes, sir.
Q. Every time you worked there in the morning, she would
phone and let you know that she was on the job ?
A. Yes. Yes, sir.
Q. And then ?
A. Or she would find out from the man who would relieve me as
to who would be on next, on the next shift.
Q. When she phoned to let you or the other person know that
she was on the job, then she would find out, naturally, who you
were?
A. Yes, sir. Yes, sir.
Q. If you sent two couples, three couples, four couples over to
her, you testified she might come by and drop five dollars over the
counter ?
A. Yes, sir. Or she would send it.
Q. Send it by whom?
A. Sir, I wouldn't recognize the men Sometimes a man
showed up in uniform.
In San Francisco, the major route of kickbacks from marriage re-
ceipts appeared to be from the judge to his clerk to the clerks in the
marriage license bureau. One of the men on the marriage license desk
testified he had received gifts from court clerks. He then was asked :
Q. You are talking about municipal court clerks?
A. Municipal court clerks. Superior judges' clerks 1 never
get anything from them.
Q. What kind of gifts are you talking about?
A. Money.
26 JUDICIARY COMMITTEE ON ADMINISTRATION OF JUSTICE
Q. Let's start with Judge 's clerk. Has he ever given yon
money ?
A. Yes, he has.
Q. How much did it amount to ?
A. Well it was never more than, oh, fifteen or twenty dollars
a month.
Q. Did (the clerk) give you a sum of money almost every month?
A. Yes.
Q. Going back several years ?
A. That's right.
Q. Was it understood that was because you had sent couples
down there to be married?
A. That's right.
Another clerk in the San Francisco marriage license bureau testified
that the custom of sending envelopes from municipal court clerks to the
license bureau men had been well established when he began working
there some 15 years earlier.
The municipal judges' scale of rewards to the court clerks varied.
Some clerks testified they received a flat fee from the judge; another
judge habitually shared his gratuity with the clerk 50-50. Said one clerk
on the stand :
Clerk: It was two-dollars-fifty-cents a marriage tliat I got.
Q. It was just automaticallv two-fif tv a marriage ?
A. Yes.
Q. Did you divide that fee with the bailiff, or with anybody else?
A. No. Every once in a while I would put a couple of bucks in
an envelope and take it over to the county clerk's office, to the
(marriage license) clerks over there. I have been doing it for thirty
years, so I thought nothing of it.
In Los Angeles, too, the practice of steering and tips appeared to be
a custom whose origin in the distant past no witness could remember.
On this point, Municipal Judge Arthur S. Guerin, a former presiding
judge of his court, gave the committee the following background:
Judge Guerin: The present investigation * * * concerning the
problem of marriage ceremonies interfering with the disposition
of burdensome court calendars is a long overdue and welcome in-
quiry.
That certain judges were devoting an unusual amount of time,
as well as supplementing their incomes, while engaged in the
activity, has been an open secret to the members of the bench
and bar for the past 30 years to my personal knowledge.
Wlien I was a practicing lawyer prior to 1937, two former
Superior Court judges, now deceased, whose courtrooms were just
across the hall from the Marriage License Bureau in the old
County Courthouse, maintained two men who competed with each
other to secure "business" for the particular judge they were
working for, and I have, as a trial lawyer while engaged in their
courts, experienced the delays occasioned by their frequent de-
partures from the bench to perform weddings. In some instances
I found myself talking to thin air as I would look up from the
THE CALIFORNIA JUDICIARY 27
counsel bench and find that the judge had disappeared without
advising anyone of his intention or reason for leaving.
In 1937, when I became a judge, I was assigned to a criminal
trial division. * * * Almost immediately I found that certain
personnel who ran the elevators in the Hall of Justice expected
gratuities for having sent couples to me to get married.
I declined to accede for two reasons: first, I did not charge a
fee; secondly, I felt that to hand out money to such a person
would be degrading and tend to commercialize a judicial function.
As soon as it became known that I was not tipping, there were less
frequent requests for me to perform weddings.
Beginning in 1941 during the war years, there was a substantial
increase in the requests for civil marriages brought about by a
high concentration of military in this area. But even before this,
the "steering" of marriages had become a well established practice.
About this time the deputy sheriff who was in charge of the
information booth in the Hall of Justice and was a veteran of
"World War I, knowing that I was also a veteran, asked me if I or
other judges who were World War I veterans would perform these
weddings for service personnel. He told me that the marriages
were costing these boys an average of $10. I told him that I
would make inquiry of my colleagues who were veterans and let
him know. Within a day I gave him the names of five judges, in-
cluding myself, who would gladly perform this service when court
was not in session, without accepting a gratuity. Thereafter he
tried to send this group of judges the military personnel, but his
efforts were unsuccessful. It was a rare instance when the bride
and groom were able to escape the watchful eye of those who were
steering marriages. I have personally seen many occasions where
an elevator would be put out of service while the operator was
escorting some couple to a particular judge.
Another jurist who also had served as presiding judge of the Los
Angeles Municipal Court, Judge Byron J. Walters, took the stand to
explain how most of his colleagues felt about the marriage mill :
Judge Walters : The objection that we have had from the very
beginning is that we believe it to be unethical for a judge to enter
into any relationship, directly or indirectly, whereby any marriage
business is solicited for his benefit, just the same as it is unethical
for an attorney to solicit business. * * * It is debasing and degrad-
ing as far as the judiciary is concerned. * * * We (municipal
judges) have been conferring from time to time informally on the
subject for many, many years, and it has been frankly stated,
' ' Well, this is going to blow wide open some day. " * * * ^q simply
say that there is nothing we have been able to do, because the
limited powers of the Presiding Judge or the powers of any judge
over any other judge do not include the correction of this kind
of situation. I am glad you are trying to correct it.
Another group that tried futilely to eliminate the local marriage
mill was the Los Angeles Bar Association. Its executive secretary, Mr.
Stanley L. Johnson, entered in the hearing record a copy of the resolu-
28 JUDICIARY COMMITTEE ON ADMINISTRATION OP JUSTICE
tion the Bar board of trustees had adopted November 26, 1957, aimed
at the system. It declared :
Whereas it has been reported * * * that there are certain
judges of the Los Angeles Superior and Municipal Courts who
have for some time been making a practice of performing marriage
ceremonies during regular court hours,
And whereas such a practice improperly delays and interferes
with the administration of justice and wastes the time of litigants,
witnesses, jurors, and counsel, and is an imposition on all.
And whereas such practice should be discontinued forthwith.
Resolved, that the performance of any marriage ceremonies by
judges of the Superior or Municipal Court during regular court
hours, including recesses during morning and afternoon sessions,
improperly interferes with the administration of justice and is
hereby condemned by the Los Angeles Bar Association.
Copies of the Bar Association resolution were sent to the presiding
judges of the superior and municipal courts, but they pleaded help-
lessness to correct the situation.
In San Francisco, members of the Bar and the press also called for
a cleanup. The San Francisco News, in an editorial printed during the
committee hearings there, said in part:
A judge may accept a voluntarily proffered fee, but he may not
lawfully solicit one. The importance of this law, setting a judge
above financial importunity, is clear. The judiciary is the most
respected element in American government and anything that
tends to put that branch into disrepute should be quickly rooted
out. One who sits in judgment on his fellows must be above re-
proach.
If the charges are found to be true — and we hope that they
are not — the sternest action should be taken. The reputation of
our courts for integrity must be preserved.
One of San Francisco's two marrying judges retired as of January
1, 1959, from his post on the municipal bench.
Yet mere elimination of the present marriage mills, the committee
agreed, was no real solution in itself. As Presiding judge Louis H.
Burke of the Los Angeles Superior Court and other witnesses men-
tioned, many persons seek a civil ceremony because of religious or
racial differences, a preference for informality, or other reasons. This
point was emphasized by an editorial in the Los Angeles Bar Journal
of July, 1958 :
A real social need for the dignified and efficient performance
of civil marriages exists, not only in Los Angeles County but in
any populous county. Citizens desiring a civil marriage ceremony
should not be required to hunt around for a judge willing to put
aside the normal judicial functions to perform the ceremony. Such
necessity is not only improper but undignified at a time when dig-
nity is required.
Furthermore the time of our limited number of Superior and
Municipal Court judges is too valuable to be expended in the per-
THE CALIFORNIA JUDICIARY 29
formance of such ceremonies, if a reasonable alternative is avail-
able. Litigants are entitled to a trial of their cases without inter-
ruption for such ceremonies, and yet citizens should be able to
find an officer to perform the ceremony without undue delay.
Such reasoning lay behind Senate Bill No. 870 introduced by the
committee chairman on March 3, 1959.^ In addition to making it a
misdemeanor for a judge or a court attache to accept any gratuity for
performing a marriage, it extends the authority to perform marriages
to the county clerk or his deputy. The ceremonies would have to be
conducted during office hours, and the flat $3 fee charged would go
into the county treasury.
Legislation along this line was endorsed by several of those appear-
ing before the committee. One of them, Judge Burke, added the obser-
vation: "After all, it does not require a judicial mind to perform a
marriage. ' '
Findings and Conclusions
A handful of judges, superior and municipal, have conducted a
flourishing marriage business in their courts, some of them frequently
interrupting trials to perform the nuptial rites. Despite an express
constitutional provision against accepting fees, some judges have habit-
ually demanded a fee after the ceremony, or have given unmistakable
hints that they expected one. Such fees have grossed some judges up to
$10,000 a year. The more profitable marriage businesses are built up
by a system of "payoffs" to the courthouse personnel who steer couples
to the judge. The practice has sometimes seriously interfered with and
prolonged the trial of cases, has resulted in a lessening of respect for
the courts, caused resentment and humiliation on the part of many
couples who were caught unprepared to pay the judge's unexpected
request for $10 or $15, and has resulted in some employees being
more interested in serving as a judge's runner than doing their jobs.
It is recommended that it be made a misdemeanor for a judge or
clerk to accept any fee or gratuity other than a fee authorized by law,
that a nominal fee, say $3, be fixed by law, to go to the county, and
that county clerks and designated deputies also be authorized to per-
form civil marriages.
3 Appendix 9.
4. WORKING HOURS AND VACATIONS
Judges do not punch time clocks. But over the years custom has
come to dictate roughly what a judge's working day shall be: some-
where between five and seven hours spent on the bench and in his
chambers.
The average day may be shorter in a small-population county, but
not in a metropolitan center with a congested calendar and a backlog
of cases demanding attention. The Holbrook report found in 1955 that
the court day in Los Angeles began with the judge taking the bench
for preliminary matters from about 9.15 a.m. until 9.45, then handling
trial until noon. After a two-hour break for lunch and work in
chambers, the judge resumed trial at 2 o'clock and continued until
about 4.15. Both the morning and afternoon sessions were broken by
recesses. The judge might return to his chambers for more work until
4.30 or 5 o'clock.
The Holbrook report continued:
Many judges adhered fairly closely to this schedule. As always,
however, with 160 persons each governing his own time schedules,
there were variances. Some judges were found in their courtrooms
both before the nine o 'clock hour and after the five o 'clock chimes
had rung. In many other instances our observation indicated a
curtailment of these hours.
(We found) a wide disparity among judges in the time actually
devoted to trial. Some took the bench promptly, disposed of pre-
liminary matters with dispatch and were ready to proceed to trial
at 9.45 or 10. From then on until recess there were no interruptions
in the trial, and the court reconvened without delay at the con-
clusion of the 10-minute recess.
There were, however, other instances in which the judge was
10 to 15 minutes late in taking the bench. There were interrup-
tions for colloquies with visitors to the bench or for some matters
calling the judge to his chambers. On occasions, recesses were pro-
longed well beyond the normal time.
We have no means of knowing what went on in chambers dur-
ing the intervals. The time may well have been devoted to other
and perhaps even more important judicial duties. The point is
that any judge assigned to trial duty can, other than in emergen-
cies, so plan his day as to have two hours and 15 minutes in the
morning and two hours and 15 minutes in the afternoon (subject
to two 10-minute recesses) available for actual trial as distinguished
from preliminary matters and defaults. Courtesy to litigants,
counsel, and witnesses demands this.
It is not the four-and-one-half hour to five hour trial day as
scheduled which is the factor. It is the failure to utilize that full
amount of time, to adhere to schedules, to be prompt in commenc-
ing and in reconvening after recesses which makes inroads on the
prompt disposition of trials.^
^ Holbrook report, p. 61,
(30)
THE CALIFORNIA JUDICIARY 31
To update these findings of the Holbrook staff in 1955, the Joint
Judiciary Committee in early 1958 sent observers into Los Angeles
superior and municipal courts, both at the downtown civic center and
in outlying sections.
They found, in general, that the downtown courts were in session
more of the time than the outlying ones, and that more courtrooms
were empty in the afternoons than in the mornings. The observers
made unannounced spot checks in the mornings between 9.30 and 11.45
a.m., and in the afternoons between 1.30 and 4.05 p.m. They reported
as follows:
Courts found in session
Los Angeles area Morning Afternoon
Superior courts, downtown 89% 88%
Superior courts, outlying 70% 77%
Municipal courts, Los Angeles district 90% 82%
Municipal courts, outlying 87% 64%
The committee observers found many of the courts on apparently a
four-and-a-half day week. Visits on Friday afternoons in February
and March, 1958, disclosed 50 percent of the courtrooms deserted.
The committee asked the superior court clerks in several larger
counties for statistics as to the number of hours the judges had spent
on the bench and in chambers. The San Francisco report showed that
the average judge there spent five hours at work per day in September
1957, the month when the committee began its operations. Eight
months later, in April 1958, the working time was almost the same — ■
5.1 hours per day,
Los Angeles superior courts, however, showed a steady increase in
hours worked during this period. The time on the bench and in cham-
bers were computed as:
All superior judges,
average hours per dat ''
September, 1957 5.35 hours
October 5.47 hours
November 6.08 hours
December 6.05 hours
January, 1958 6.43 hours
February 6.40 hours
March 6.45 hours
April 6.58 hours
The Los Angeles superior court judges added an extra 15 minutes
in the morning and afternoon to their trial time, a total of a half hour
a day, effective March 3, 1958, in the 45 civic center courts. Presiding
Judge Louis Burke said this was equivalent to adding five full time
judges.
San Diego Superior Judge Bonsall Noon reported to the committee
that working hours for the 13 superior judges in that county ran less
than those in Los Angeles, more than those in San Francisco. He
stated that the average time on the bench and in chambers, as of mid-
1958, came to 5.85 hours per day.
* Figures not adjusted for vacations, illness or other Individual absences.
32 JUDICIARY COMMITTEE ON ADMINISTRATION OF JUSTICE
The question of vacations for judges has long been wrapped in
vagueness. No law, no section of the State Constitution deals with it.
There is only the constitutional provision that no judge shall leave
the State for more than 60 consecutive days.^
In the absence of anj^ legal directive, the custom has become accepted
that a judge is entitled to an annual vacation of 20 working days, or
four weeks by the calendar.
The committee has found that most judges observe this custom. Some,
in fact, take vacations considerably' shorter. There is evidence, however,
that a certain number of judges have abused the freedom to decide their
own time off. The committee, with limited facilities, surveyed conditions
only in the major metropolitan areas of Los Angeles and San Francisco,
although it received complaints from attorneys in other areas as well.
Vacations taken in the three years 1955, 1956 and 1957 were com-
pared. Among the 22 San Francisco superior judges, the committee
found seven had exceeded the customary month off. Their extra leisure
averaged one or two weeks a year.
Among the 12 municipal judges in San Francisco, three had over-
stayed by a week or two. But in one flagrant case — the worst to come
to the committee's attention — the judge averaged more than three
months vacation a year. This judge retired at the end of 1958.
Los Angeles municipal court proved to have its share of long vaca-
tions. Among 33 judges, eight were listed as giving themselves an extra
one to four weeks off, in addition to the usual month. Some of this
group also showed an unusual number of days off under the category of
"illness and other absences." The records did not indicate how many
days represented illnessess, how many something else ; however, adding
them to the vacation time taken by this group of judges, the committee
found the following for the 1955-57 period :
Vacation Illnesses
taken and other Total
three years absences time off
Judge A 14 weeks 15 weeks 29 weeks
Judge B 23 2 25
Judge C 17 4 21
Judge D 18 2 20
Judge E 16 4 20
Judge F 16 3 19
Judge G 13 6 19
Judge H 14 2 16
Absence from the bench because of illness is, of course, understand-
able. But the disparities it encountered in self-granted vacations and
days off, the committee felt, must inevitably have an unfortunate effect
upon morale among more conscientious judges — ^to say nothing of the
effect upon attorneys and clients whose cases are being delayed because
of court congestion.
» Article VT, Sec. 9.
THE CALIFORNIA JUDICIARY 33
Findings and Conclusions
A few judges, relatively small in number compared to the whole, have
abused their privilege of being able to fix their own vacation time.
Other judges, again rather few in number, have been careless about
getting to work on time and have habitually put in fewer hours than
judges as a whole. These are situations the Judicial Council should be
able to correct. As to excessive vacation time, perhaps requiring public
reports to be filed would alone be sufficient. If the Judicial Council
desires express statutory authority for this, it should be granted. Work-
ing hours and vacation time are also matters that could well be dele-
gated to a court administrator, if such an office is created, to keep under
constant surveillance.
2—1,-4136
5. THE SELECTION OF JUDGES
Background
Nations of the civilized world seem to have developed, roughly, three
ways of choosing their judges. Under the political method, the would-be
judge runs as a partisan candidate, and often he is an integral part of
a political machine, particularly in older U. S. cities. Many foreign
countries favor a civil service method, in which the young lawyer early
in life chooses the magistracy as a career, enters a government depart-
ment, and attempts via a series of appointments to work his way up
through the ranks. Third is the semipolitical method, under which
the judge may be either elected or appointed, but his connection with
partisan politics is minimized.
Abroad, Britain's semipolitical system has gained a reputation for
producing excellent judges. The chief appointing officer, the Lord
Chancellor, is a member of the national cabinet and may be turned out
of office whenever his party 's government falls. The judges of England 's
56 county courts and of certain London local courts serve at his pleas-
ure. Other judges are appointed by his subordinates — all of whom owe
their places to the Prime Minister. While such a system might seem in
the United States an open invitation to patronage and mediocrity,
Britain over the centuries has developed a highly independent judiciary
noted for learning and ability. Americans have long been impressed by
their skill at rendering opinions immediately as the trial ends, speaking
extemporaneously from jotted notes.
In France, the law school graduate who wishes to become a judge
must pass a competitive examination, then start his career at the bottom
of the ladder. Until 1934 his promotions depended upon the IVIinistry of
Justice. Since then, a commission made up of four judges from the
supreme and appellate courts and one from the trial courts has studied
the list of all judges and the newcomers who have passed examinations,
and have selected three names from this for each vacancy. The Ministry
of Justice must appoint one of the three.
The French plan, or some variation, is found in most other European
countries. In Japan, the young lawyer after passing his entering exam-
ination serves a two-j^ear apprenticeship, then must compete in another
examination. From those who surviA^e the supreme court chooses names
to submit to the cabinet for appointment as an assistant judge. After
10 years at that rank, he is eligible for further promotion.
Some American scholars view the civil service approach to selection
of judges with limited enthusiasm. While it eliminates the obviously
unfit, they feel it has not reached the levels of judicial ability attained
by the British system.^
1 See "Judicial Selection Around the World" Journal of the American Judicature
Society, February, 1958, pp. 134-41, by E. Blythe Stason, dean. University of Michi-
gan Law School, from which much of this material was taken.
(34)
THE CALIFORNIA JUDICIARY 35
Only two major countries, the United States and the U. S. S. E.,
popularly elect most of their judges. In Russia the judges of the lower
courts, the "peoples' courts," are named by popular vote, those of
the higher courts by the Soviet assemblies. They reportedly work, how-
ever, under supervision of the federal and regional ministries of justice.
In the America of colonial and postrevolutionary days, the selection
of judges rested with the governors and legislative assemblies; most
judges served "during good behavior" — that is, for virtual life terms.
The upsurge of Jacksonian democracy in the 1830 's and after
swept aside this aristocratic tradition in the new states west of the
Alleghenies. By 1860 more than half the states were electing judges
at the polls for relatively short terms.
Nearly a century later, in the late 1950 's, 20 states were choosing
their judges by partisan elections, 16 states by nonpartisan elections.
Ten others on the eastern seaboard remained with their old system of
appointment by the governor or legislature.
California and Missouri had devised plans that combined elections
and appointments of judges. These plans caught the imagination of
many lawyers and jurists, and they launched movements in several
states to modify the timeworn systems of popular election.
California started the trend in 1934 when the State's voters adopted
a constitutional amendment (Article VI, Section 26) placing a check
on the Governor's appointments for the State Supreme Court and the
district courts of appeal. A new Commission on Qualifications (the
Chief Justice of the State Supreme Court, the Attorney General, the
Presiding Justice of the District Court of Appeal on which the vacancy
exists) had to approve the Governor's nomination. If the vacancy were
on the Supreme Court, the third member of the commission would be
the senior Presiding justice of the State's four district courts of appeal.
The amendment also provided that the appointed judge should run
for re-election, not against an opponent (none could file), but "against
his record," as the phrase went; that is, the ballot would contain only
the question "Shall be elected to the office for the term expiring
? Yes No " Counties were given the option of installing
the same system for their superior court judges, upon vote of the
electorate, but no county has done so. In two counties — San Diego and
San Francisco — the plan was placed on the ballot and voted down.
In 1937, three years after California adopted its amendment, the
American Bar Association proposed a further step — that the Governor
be required to appoint judges from a list or panel of names given him
by a commission of judges and laymen.^
One state, Missouri, adopted a version of this plan in 1940.^ Impelled
by a desire to protect the judiciary from the political machines in
Kansas City and St. Louis, leading lawyers and other citizens waged
an initiative campaign to place a constitutional amendment on the
ballot. As passed, the amendment requires that the governor fill vacan-
cies on the supreme court and the three courts of appeal from a list
of three names provided by a seven-man commission — the supreme
court chief justice, three lawyers chosen by the bar association in each
2 62 A. B. A. Rep. 893 (1937).
8 41 Journal of the American Judicature Society 76 (1957).
36 JUDICIARY COMMITTEE ON ADMINISTRATION OF JUSTICE
appeal district, and three laymen named by the governor from the
three appeals districts. The governor likewise must choose trial judges
for St. Louis and for Jackson County (Kansas City) from three names
submitted by five-man commissions in each city; the commission in-
cludes the presiding judge of the district court of appeals, two rep-
resentatives of the bar, and two lay members appointed by the gov-
ernor.
The Missouri plan seemed to work well, and it has been discussed in
a score of other states, including California. The Joint Judiciary Com-
mittee gave it some study, hearing favorable testimony from several
eminent members of the legal profession. The consensus was, however,
that a movement for its adoption now would be inopportune. Chief
Justice Gibson told the committee :
A great many lawyers think it is the better plan, but few
governors do. Governor Warren opposed it. Governor Knight has
indicated (the same). I don't know that it has a chance of being
adopted here, looking at it from the standpoint of something that
you know a great deal about — politics.
Present System in California
The opposition of California governors to the Missouri plan is under-
standable. Under the status quo, the Governor names almost every
judge of the superior and municipal courts. He could hardly be ex-
pected to favor any change that would limit his freedom of choice.
While in theory Californians choose their judge by popular election,
in practice the great majority owe their seats to original appointment
by the Governor to fill a vacancy caused by death or retirement, fol-
lowed by re-election for term after term against little or no oppo-
sition. Few attorneys of standing ever file against an incumbent judge,
both because the chances of winning are small, and because an out-
right political bid for the bench has come to be looked upon in the
legal profession as somehow gauche.
The Holbrook ^ study found in 1955 that among 78 superior court
judges in Los Angeles County, only eight had gained their seats origi-
nally by election. The other 70 had been appointed by the Governor,
Among the 39 Los Angeles municipal judges, only one had first won
his seat at the polls. It has been estimated that the situation in other
parts of the State is not appreciably different; some 80 to 90 percent
of the superior and municipal judges started off as gubernatorial ap-
pointees.
Judgeships make up an average of about 15 percent of a governor's
appointments. Despite the long terms of most judges, several vacancies
a month occur from death or retirement among the more than 480
judiciary positions in the State (271 superior court judgeships, 183
municipal judgeships, 28 positions on the district courts of appeal and
the Supreme Court). Superior Judge William T. Sweigert, former
executive secretary to Governor Earl Warren, has said that his chief
appointed about 40 judges a year — enough during a decade in office to
♦ A Survey of the Metropolitan Trial Courts of the Los Angeles Area.
THE CALIFORNIA JUDICIARY 37
constitute the entire state judiciary. As of late 1958, only one of these
more than 400 appointees, Judge Sweigert said, had ever been defeated
at the polls.^
"With growing population, the number of courts — and therefore va-
cancies— filled by Governor's appointment has increased. The total for
Governor Knight in 1957 was 58, in 1958, 31 — an average of about 45
each year.
During most of the State's history, the Constitution and Legislature
have placed few limitations upon whom the Governor might name to
the bench. It was required that anyone appointed or elected as superior
judge must have practiced law in the State for the previous five years,
must be a United States citizen and must have resided in his county
for two years. To be a municipal judge, a man must be an attorney and
a voter in his city or district.*'
This relatively wide-open set of qualifications has long caused un-
easiness among important sections of the Bench and Bar. In the words
of Paul Fussell :
A governor who made poor appointments could lower the qual-
ity of the bench of the state for a generation. A large majority
of the judges * * * have been appointed by a single governor^ —
fortunately Earl Warren, and not Huey Long.'^
Back in the early 1930 's the State Bar Association was urging a
constitutional amendment that would have set up a version of the
Missouri j^lan : the Governor would have appointed superior and munic-
ipal judges from a list of nominees prepared by a three-man panel — ■
the Chief Justice, the presiding justice of the district court of appeals,
and the State Senator of the county concerned. This proposal lost in
favor of the 1934 amendment creating the present Commission on
Qualifications.
A decade later the State Bar proposed that the Qualifications Com-
mission be enlarged and given the power to provide the nominees for
court vacancies to the Governor. The Legislature rejected the idea.^
The proponents, including Chief Justice Phil S. Gibson, apparently
accepted partial defeat. The Missouri plan for having a commission
present nominations to the Governor was shelved. But they sought to
establish another safeguard against poor appointments by giving the
Commission on Qualifications more members, nine instead of three, and
more authority — the right to veto the Governor's appointments to the
superior and municipal bench. The State Bar and the Judicial Council
offered this proposal to the 1957 Legislature in two constitutional
amendments (S. C. A. Nos. 12 and 16.) The amendments were referred
to the Joint Judiciary Committee for study.
^ Address before a section of the Commonwealth Club of California on December 2,
1958.
« Constitution Article VI, Sec. 23; Government Code Sees. 69500 and 71140. But see
Wallace v. Suiierior Court (1956) 141 CA(2d) 771.
'Fussell, Paul, "The Holbrook Report — Eight Months Later" (mimeographed), Los
Angeles, August, 1957, p. 21.
^ "Selecting Our Judiciary" by Judge Robert McWilliams, 22 Journal of the State Bar
412 (1947).
38 JUDICIARY COMMITTEE ON ADMINISTRATION OF JUSTICE
The committee 's study pursued two lines :
(1) How well was the present three-man Commission on Qualifi-
cations working in regard to appointments for the Supreme
Court and the district courts of appeal?
(2) How well was the present method of selecting superior and
municipal judges functioning — and could it be improved in link-
ing it with an enlarged Commission on Qualifications having
veto power over gubernatorial appointments?
For information on the present commission, the committee called
as a witness the man who had been its chairman for 18 years under
three Governors. Chief Justice Phil Gibson appeared at the committee
hearing in San Francisco, July 14, 1958. He was asked:
Senator Regan: "What is the procedure for ascertaining the
qualifications of a nominee?
Chief Justice Gibson : * * * "Well, it has been informal to some
extent. We have no investigative staff. We have relied entirely
upon communications received from lawyers and judges with re-
spect to proposed appointments. In some instances there have been
discussions in advance of the appointment by the Governor with
members of the Commission to see whether or not the person the
Governor had in mind was the tj'pe of person that, it was felt,
could receive approval. Then there w^ould be some investigation,
usually very informal, by telephone calls or personal interviews.
Q. * * * I'm just thinking that if there is an informal discus-
sion with the Governor prior to the presentation of a name, it
would depend upon the individual likes and dislikes, or the knowl-
edge or lack of knowledge about the person by the members of the
Commission.
A. In nearly all instances at least two members of the Commis-
sion have had personal knowledge of the appointee.
Q. If you didn't, what would be the procedure?
A. We ask questions of judges and lawyers familiar with the
appointee and his work, and of the president of the State Bar, and
have him get as much information as he can with respect to the
person. For the most part, of course, the appointees are judges,
and their reputation is pretty generally known in the community
among other judges and lawyers. The appointment of an attorney
may present a more difficult problem.
Q. If the governor, say, wishes to informally submit (a name)
to you * * * would the candidate himself have any knowledge
of it, as far as the Commission is concerned?
A. No, not in informal discussions.
Q. Later on, would the candidate be called before the Commis-
sion for a hearing?
A. Sometimes he has been and sometimes not. If there is no
opposition and no feeling that there might be opposition, he hasn 't
been called.
Q. Are the hearings public or private ?
A. Public. They always have been, but the public has never been
very interested.
THE CALIFORNIA JUDICIARY 39
Q. How would the public know that you are going to have the
hearings ?
A. We always notify the legal papers and the metropolitan
press. But very little interest is shown by the public unless the
appointment has been discussed in the press before.
Assemblyman Hanna: (Regarding) the Governor checking with
the Commission ahead of time, have you ever had an occasion
where a Governor's appointment has been turned down by the
Qualifications Commission ?
A. Appointments have been withdrawn, yes * * * and appoint-
ments have been rejected that were not withdrawn,
Q. Is the action of the Commission subject to review by the
Supreme Court?
A. No, it is final. It is a veto on the appointive power, and it is
not subject to review.
The committee encountered general agreement that the Commission
on Qualifications should be enlarged, regardless of whether it is given
more authority. One reason given was that the Governor conceivably
could dominate the three-man commission, since both the Chief Justice
and the Presiding Judge of the District Court of Appeals might be his
appointees; furthermore, the third member, the Attorney General, is
likely to be a member of the same political party as the Governor, and
therefore co-operative in appointments. A second reason offered was
that, with a larger commission, chances would be improved that at least
some members would have personal knowledge of those nominated for
judicial posts.
Spokesmen for the State Bar Association and the Judicial Council
presented to the committee their i)lan for a nine-man Commission on
Qualifications, consisting of :
The Chief Justice of the Supreme Court ;
The Attorney General;
Two justices of the District Court of Appeal, and one Superior
Court Judge— chosen by the Supreme Court ;
Two attorneys chosen by the State Bar Association Board of Gov-
ernors ;
Two lay citizens appointed by the Governor.
The committee also considered Professor Holbrook's proposal of 1955
for a somewhat similar commission, except that the two citizen members
were not included. Professor Holbrook, of course, was envisioning a
commission that would prepare a list of three nominees for the Gov-
ernor whenever a vacancy on the bench occurred. The State Bar and
Judicial Council were proposing a commission that would merely con-
firm or reject the Governor's choice. Both plans contemplated the
commission having jurisdiction over the superior and muncipal courts
as well as the higher state courts.
While no formal system has been established by law for anyone's
vetoing the Governor's selections for superior and municipal court
vacancies, an informal system involving the State Bar Association has
grown up. Governor Warren early in his administration began sending
the names of prospective judges to the State Bar Board of Governors,
40 JUDICIARY COMMITTEE ON ADMINISTRATION OF JUSTICE
asking if they knew of any reason why the man should not be ap-
pointed. At first the Governor released the prospect's name to the press
at the same time, but this method of putting both the man and the
State Bar publicly on the spot later was dropped, and the State Bar
received the name privately. Judge Sweigert said that only three or
four of "Warren's more than 400 nominees received a thumbs-down
from the State Bar.
Mr. Edwin A. Heafey, President of the California Bar Association,
appeared before the committee to give a current picture of how the
referral system was working :
Mr. Heafey: When the Governor anticipates appointing some-
one to the Superior Court or to the Municipal Court, he writes
a letter to the State Bar, and in the letter the following facts are
set forth : * * * that there exists a vacancy on a particular court,
and * * * that he has under consideration the appointment of
so-and-so to fill this vacancy, and then he gives us some background
of the candidate * * * that he was admitted to the Bar at a cer-
tain time, that he was a graduate of a certain school of law, that
he has practiced in a particular area for a certain length of time.
And then in the meat of the letter is this : " Is there, in the opinion
of the State Bar, anything in the character, training, experience
or professional conduct of so-and-so which would militate against
his appointment to this position?"
* * * When we get a letter of this kind from the Governor, the
first thing we do is to have one of the assistant secretaries examine
the records of the State Bar office to determine whether or not any
complaints have ever been filed against the candidate, or whether
any disciplinary action has ever been taken against him. If we
find that there has been none, then we seek to determine, first of
all, from the members of the board who are from the candidate's
area what they know about him; and usually if a lawj^er is sug-
gested for a judgeship who is rather a prominent lawyer in a
particular area, the members of the board know him well, and we
have no difficulty in determining his qualifications.
On the other hand, sometimes those mentioned for judicial ap-
pointments are not known to members of the board, and under
those circumstances we try to find as much information as we
can * * * by inquiring in the area where he practices law, what
other lawyers think of him, and as to his character, his training,
his experience and professional conduct.
Unfortunately there are times when these names come to us on
the day of our meeting, and we have insufficient time to do the
type of job we think should be done.
There have been times when the State Bar has not approved the
candidate suggested by the Governor, and we so advise the Gover-
nor, and advise him why we do not approve * * * There have
been times we have suggested to the Governor that we did not feel
that a particular lawyer had judicial temperament. * * * Since I
have been on the board, the candidates who have not been approved
by the State Bar have not been appointed by the Governor. There
have been prior to the time I came on the board (1955), I under-
THE CALIFORNIA JUDICIARY 41
stand, a few who were not approved by the State Bar but who
were appointed to office.
Q. Do you have any present knowledge of the number of candi-
dates for judicial appointment who have failed to receive the ap-
proval of the State Bar?
A. "Well, I'll have to limit it to my term in office as a member
of the board, and that goes back to 1955. Since 1955 there have
been four.
Q. Do you think that the fact that the arrangement is entirely
voluntary and can be terminated by the Governor is a proper
situation ?
A. Well, this is not an ideal arrangement. * * * I think we
can be of some assistance to the Governor. On the other hand, I
do not think that we can do the type of job that should be done
* * * because of the lack of time, and probably the lack of a
system of properly investigating these candidates. * * * There
probably are other methods that would be more effective.
Q. Can you enlighten us on how much time has been allowed
the Board to make investigation in particular cases * * * ?
A. Ordinarily the names come to us at the time of our meeting,
and we meet ordinarily for three or four days. During that time
we try to get as much information as possible.
Q. Mr. Heafey, does the Governor request a report and recom-
mendation from the Bar with respect to nominations to the Appel-
late Courts, where the appointment has to be approved by the
Qualifications Commission ?
A. Not during my service on the Board.
In addition to the lack of time and the Bar's lack of investigating
facilities mentioned by Mr. Heafey, other witnesses emphasized what
seemed to them a serious defect in the present referral system. It
usually works, they said, if the Governor's choice is notoriously bad.
But it does not work if the choice is merely mediocre.
Bar members explained that even if they did not think much of a
plodding colleague as a possible judge, they were not going to damage
his reputation by labeling him unfit.
Assemblyman Hanna of the committee pointed out that members of
the Legislature find themselves in a similar psychological position when
the Governor consults with them about judicial appointments :
Assemblyman Hanna : I know of instances when he has checked
with legislators, and it has been my experience the question would
be asked, "Do you have any objections to this man ?" Well, I have
found that I have answered that question "No" although I had
in mind that there may have been somebody else who would have
been better.
Other witnesses raised the point that the Governor, with his myriad
duties, including hundreds of other appointments, is in no position to
spend much time hunting talent for the bench. The statement of Su-
perior Judge Robert Mc Williams of San Francisco was recalled: "It
is manifestly impossible for any Governor, no matter how able and how
well intentioned * * * to continue personally to give the necessary
42 JUDICIARY COMMITTEE ON ADMINISTRATION OF JUSTICE
time and consideration to the search for, and the appraisal of the quali-
fications of, possible appointees."^
This view is apparently shared by the San Francisco Bar Associa-
tion ; its president, Gardiner Johnson, told the committee of a plan it
is putting into eti'ect. The association, he said, will offer itself to the
Governor as an unofiicial recruiter of high-grade men who will agree
to accept judgeships if asked. The reason for taking this step he ex-
plained as follows:
Mr. Johnson: Our Association believes very strongly * * *
that the proper function of the local bar association is not to be
put into the position of simply standing by ready to veto nominees
who may not be found to be deserving of appointment. Our view
is that the real possibility for service b}' a bar association is in
the proposal of candidates for appointment.
His association bylaws, he continued, provide for a nine-man judi-
ciary committee which "shall, by such means as it may consider suit-
able, subject to the approval of the board of directors, endeavor to
secure the appointment or election of competent and properly qualified
candidates" for state and federal judgeships in the area. His testimony
then resumed as follows :
Mr. Johnson: Our experience has indicated that some of the
best qualified men, and some who have actually been considered
for appointment * * * will not consent to have their names sub-
mitted. * * * They are reluctant to have their names, as they
view it, hashed over and involved in politics and controversy. * * *
Now, in some cases where the members of the local association
consult with these men in advance and advise them that they will
have the wholehearted support of the association, they are will-
ing * * * to have their names submitted.
We are in the process of having our Committee on the Judiciary
meet regularly for the purpose of preparing and submitting not
one name, but a panel of names of men from both parties, men
who have had experience in the law practice in San Francisco,
whose reputation is known, whose integrity cannot be questioned.
For such use as the appointing powers prefer to make of it, we
are going to submit that list to them.
"We realize that in some instances probably the list wiU not
be used. On the other hand, we know that there have been in-
stances * * * where a Governor submitted the name of a man
for judicial appointment which was severely criticized. And we
know that in some instances the Governor had to sit quietly and
take it, while the man that he was being clobbered for was not
his first choice, or in some cases even his second or third — because
the man he wanted wouldn't accept the appointment.
So, without trying to force ourselves upon anyone, we pro-
pose • * * to submit a panel of qualified, competent men.
I don't believe it requires any change of any law. I think it is
simply a matter of administrative policy and possibly some diplo-
» state Bar Journal, September-October 1947, p. 420.
THE CALIFORNIA JUDICIARY 43
matic arrangements. But we think the emphasis upon that phase
of local bar activity has far greater possibilities than simply acting
as a possible veto body.
This San Francisco Bar program for an informal, voluntary version
of the Missouri plan, it was generally agreed, is probably as far as
anyone can move now toward a panel-of-eligibles system. The com-
mittee discarded any idea of seeking legislation to create a compulsory
system binding on the Governor.
The committee found wider support, however, for giving an enlarged
Commission on Qualifications statutory power to confirm or reject the
Governor's nominations for vacancies on the superior and municipal
courts. Said Chief Justice Gibson: "I think it would do more to im-
prove the administration of justice than any other single proposed
constitutional amendment that you are considering."
The matter was brought up of how much staff the enlarged commis-
sion would require to help investigate and report on proposed nominees
for the bench. The Chief Justice replied:
Justice Gibson: I don't think it will require a very large staff,
and I don't think that you would find that a great deal of inves-
tigation would be required. I think immediately you set up a
Commission of this kind, a Governor is going to be very particular
about his appointments,
Mr. Johnson, President of the San Francisco Bar, warned against
placing too much reliance upon staff reports :
Mr. Johnson: In some way you must keep it * * * localized
(so) that the members on the Qualifications Commission them-
selves have some personal knowledge of the experience, the back-
ground, the character and the other qualifications of the nominees.
"We don't think that responsibility can be, or indeed should be,
discharged by staff, * * * Passing upon the qualifications of a
judicial appointee involves mature weighing and judgment of
character, of judicial temperament, matters that should not be
delegated to investigators or gumshoes. * * * The Commission on
Qualifications, as far as possible, should be so established that the
men on it have a personal knowledge of the nominees.
Justice Fred B. Wood of the District Court of Appeal and Chairman
of the Joint Judiciary Committee's advisory committee, testified as to
the attitude of the State Conference of Judges toward an enlarged
Commission on Qualifications. Speaking for the conference's study
committee on the subject, Justice Wood said: "We are 100 percent
for it. * * * Now then, there is the question of just how do you
enlarge it. Who do you put on there?"
He said that his conference committee felt that since the commis-
sion would be extending its jurisdiction over the confirmation of trial
judges, those courts should have more representation than the single
superior court judge proposed in the State Bar-Judicial Council plan
for a nine-man commission. Justice Wood suggested the commission
should have three more members from the trial courts — one more su-
perior judge and two municipal judges.
44 JUDICIARY COMMITTEE ON ADMINISTRATION OF JUSTICE
Justice Wood 's committee also questioned whether the Attorney Gen-
eral should remain a member of the commission, since his is a partisan
office.
Recommendations
Many of the suggestions made at the hearings were incorporated into
Senate Constitutional Amendment No. 14, introduced by the committee
chairman on March 4, 1959. Among other things, it proposes that
sections be added to Article VI creating a larger Commission on Judi-
cial Qualifications consisting of
The Chief Justice of the Supreme Court ;
The Attorney General ;
Two justices of district courts of appeal, two judges of superior
courts, one judge of a municipal court — all selected by the
Supreme Court for four-year terms;
Two State Bar members who have practiced 10 years in the State —
appointed for four years by the State Bar Board of Governors ;
Two lay citizens — appointed for four years by the Governor with
the advice and consent of the Senate.
The commission would receive no compensation except for travel,
board and lodging in the line of duty.
It could act only upon vote of a majority of its members.
The commission would assume the present functions of the Commis-
sion on Qualifications. In addition, it would have to confirm in writing
any appointment by the Governor to fill a vacancy on the superior and
municipal courts.
The proposed amendment sets the terms of superior and municipal
judges at six years. And it provides that no judge appointed to a
vacancy shall face election until the second general state election fol-
lowing the occurrence of the vacancy. At jjresent he must file, if he
wishes to retain the seat, at the first next general state election.
6. COMPENSATION OF JUDGES
California judges are paid according to a schedule adopted by the
Legislature in 1955. To replace the heterogeneous collection of salaries
that had been created over the years, the 1955 statute ^ provided that
superior court judges should receive
$18,000 a year in counties with 250,000 population or more ;
$16,500 in those with a population of 40,000 to 250,000 ;
$15,000 in counties of less than 40,000 population. .
Municipal judges in the same categories of counties were to be paid
$16,500, $15,000 and $13,500, respectively.
The presiding justice of a district court of appeal receives $22,000
annually, and the associate justices $500 less.
On the State Supreme Court, the associate justices are paid $23,000.
The Chief Justice receives $1,000 more. This scale, according to a 1956
study, is about the same as Illinois'; it is lower than that in New
York, New Jersey and Pennsylvania — but is higher than in all other
states.
For the district court of appeal, California's pay ranks third among
the 13 states reporting. New York and Pennsylvania lead.
Salaries of California superior court judges were found trailing be-
hind those of comparable courts in seven other states (New York,
Pennsylvania, New Jersey, Connecticut, Illinois, Massachusetts, Michi-
gan), about the same as those in Maryland, higher than in the remain-
ing 39 states.^
The California Legislature in 1957 rejected an attempt to give judges
an across-the-board increase.
Superior Judge Thomas Caldecott of Alameda County appeared be-
fore the Joint Judiciary Committee hearing in San Francisco on July
14, 1958, and presented a report on behalf of the State Conference of
Judges.^ He urged the committee to endorse the conference proposal
that all judges receive an annual pay increase of $4,500.
Finding and Recommendation
The committee's interest in the scale of compensation for judges
stems primarily from its concern with the selection and retention of
the highest qualified personnel on the bench. There did not seem to be
any indication that the present salaries are not attracting able men.
Appropriate committees of the Legislature, however, should ascertain
that judges' compensation is keeping pace with the increase in the
cost of living, with salaries of high executives in other branches of gov-
ernment, and with the average income of successful lawyers.
1 Government Code Sections 68200 and 68201.
2 "Salaries of Judicial and Court-related Personnel." Institute of Judicial Administra-
tion (r-U30) August 1, 1956.
^Appendix 10.
(45)
46 JUDICIARY COMMITTEE ON ADMINISTRATION OF JUSTICE
RETIREMENT SYSTEM FOR JUDGES
The committee made no exhaustive study of the retirement system
for judges. It went into the subject only far enough to learn whether
the system was inadequate and therefore a factor that would discourage
able, though uuwealthy, men from accepting appointment.
It found that inadequacies in the system are apparently not serious.
Indeed, a committee of the State Bar reported on December 30, 1957,
after extended study, that it found the benefits "fair and equitable"
and that ' ' generally the judges are satisfied. ' ' *
Briefly, the system provides that judges contribute 2| percent of their
salary, with the State and county matching that amount.^ A judge may
retire at age 70 after 10 years service on the bench, at 65 after 20 years
service, or at 60 after 20 years service.^ Regardless of age, he retires
at half pay.'^
Or the judge may accept a lower monthly benefit for himself during
liis lifetime, with the proviso that his widow will continue to receive
a monthly check until her death.^ These optional plans seemed to be
the only major source of dissatisfaction among the judges. Many of
them felt that the benefits dropped off too sharply if wives were in-
cluded.
The exact amounts vary according to the salary and age of the
retiring judge, his wife's age and other factors. But, in general, a judge
who was earning $15,000 salary when he retired, would face the fol-
lowing choices:
(1) Retire at half pay, $625 a month ($7,500 a year).
(2) Accept about $440 a month for life, payments to continue there-
after to his widow until her death.
(3) Accept about $520 a month for life, with about $260 a month
thereafter to his widow until her death.^
The system is reported as operating on an actuarially sound basis,
despite the fact that many judges do not enter the judicial service
until middle life. The explanation offered is that an appreciable number
of judges remain on the bench well into their seventies, or even longer,
instead of retiring.
The State Bar committee found only 34 judges (roughly 7 percent)
on the retirement list as of September 1, 1957. At the same time the
committee reported 43 judges over age 70 still on the bench (with 19
of them over 75, and 8 past age 80.)
The Joint Judiciary's attention was caught by what seemed an
oddity in the scale of pension benefits ; namely, that under the optional
plans covering both the judge and the wife, the older the age at which
the judge retires, the less are the monthly benefits. For example, if a
judge on a $15,000 salary retires when both he and his wife are age 65,
they will receive a monthly check of $448.75 as long as either shall live.
But if they are 70 years old when he retires, the check will be only
$440 a month. And if they are 80, it shrinks to $428 a month.
* Appendix 11.
» Government Code Sees. 75102 and 75103.
"Government Code Sec. 75025.
' Government Code Sec. 75060.6.
8 Government Code Sec. 75071.
» From a schedule furnished by Robert C. Kirliwood, State Controller, and presented
at the 1955 Annual Meeting of the Conference of California Judges.
THE CALIFORNIA JUDICIARY 47
The explanation given is that the older judge and his wife have less
time to live, therefore the "value" of their retirement equity is less;
if the judge had retired on half pay instead of the optional plan, he
could be expected to receive fewer cheeks — hence, the lower '* value. "^'^
This rationalization may make sense to an actuary. But the commit-
tee found it a bit puzzling.
Finding and Recommendation
The present pension system for judges seems adequate except pos-
sibly with respect to dependents. An appropriate committee of the
Legislature should review this portion of the retirement act. The
problem is of importance to the administration of justice to the extent
that judges may stay in office beyond the period of useful service be-
cause of inadequacies in retirement benefits.
10 Letter dated October 28, 1957, from State Controller.
7. REMOVAL OF JUDGES
Americans, historically^ have been more concerned that their judges
should be independent, impartial, and free of political domination than
they have been over the judges' age, physical condition and working
habits. This undoubtedly still holds true.
The men who shaped California's Constitution and laws clearly in-
tended to protect this independence. They provided that judges of the
superior and higher courts could be removed only by a two-thirds vote
of both houses of the Legislature ^, or by an impeachment proceeding
brought by a majority vote of the Assembly and concurred in by two-
thirds of the Senate.^ A judge also may be removed by the cumbersome
process of recall.^
These methods of removal, in practice, have proved almost useless.
As Justice Fred B. Wood of the district court of appeal told the com-
mittee :
There have been just two impeachment trials in California
throughout its history. The earliest one was in the 1860s, and the
second and last one was the Hardy trial of 1929. I don't think
there was a single member of the Senate who sat at that trial who
wanted to see another one. It was practically unanimous, as I
recall it, among members of the Senate at that time that there
should be some more adequate method of determining * * * dis-
qualification of a judge.^
As the years have passed, the independence of California's judiciary
has come to be taken for granted. Once he assumes the bench, a judge's
re-election as an incumbent has become little more than a formality,
and he can serve indefinitely with almost no danger of being unseated.
This situation has permitted a feeling to develop that perhaps there
is such a thing as too much independence. This point of view was ex-
pressed in the Holbrook report, describing the position of a lawyer
who suddenly is elevated to a judgeship:
He finds himself surrounded by an almost fawning group. It is,
"Yes, your honor, this" and "Yes, your honor, that" from morn-
ing until nightfall. Court attaches are dependent upon him for
what at his whim can be a pleasant or an unpleasant task. Lawyers
are dependent upon his pleasure as to the time of trial, conduct
of trial, and result of trial. Citizens have their property, their in-
dependence and even their lives dependent upon his judgment.
There is no real control over his hours, his industriousness, or his
thoroughness.
1 Constitution Article VI, Sec. 10.
2 Constitution Article IV, Sec. 18.
3 Constitution Article XXIII, Sec. 1. Section 75060 of the Government Code also pro-
vides that the Governor may retire a judge without his consent for permanent
phy.sical or mental disability. The Legislative Counsel on July 9, 1958, sent the
Joint Judiciary Committee an opinion that this section is probably unconstitu-
tional ; and the committee therefore docs not regard it as an operative means of
removal. The Governor has never filed an action under the section.
* Hearing, Monterey, California, October 1, 1957.
(48)
THE CALIFORNIA JUDICIARY 49
It must be a breathtaking sensation when all this finally dawns
upon him, and it takes both humility and untold strength of char-
acter to emerge unscathed. The wonder is not that some men are
overwhelmed by this concentration of power and privilege. The
wonder is that so many rise above it, * * *
Most (judges) are men of outstanding character and ability,
and they maintain their sense of balance. Quite naturally, a few
do not. * * * Somewhere, somehow, a limiting hand should be
available.
Many judges insist that the cautioning hand is the disapproval
of the electorate. This may be true in small communities where
word travels so fast that the whole town knows what goes on. It
is pure fancy in a community as large as Los Angeles County.^
The committee found that in addition to the minority of judges
who indulged in things like marriage mills, needless appointment of
probate appraisers, long-delayed decisions, short working hours and
lengthy vacations, there were other judges who refused to accept certain
types of cases, refused to hear cases involving attorneys they disliked,
sat on the bench while drunk, or failed to show up in their courtroom
for months at a time because of sickness and old age.
Chief Justice Phil Gibson described the problem to the committee
in these words:
Chief Justice Gibson : It is true that some judges do decline to
take certain types of cases, and I think that we should frankly
admit that it is wrong. * * * That was the reason we (the Judicial
Council) put into this proposed constitutional amendment as one
of the grounds for discipline the inexcusable refusal to perform
judicial duties.
Q. * * * What kind of cases, in your experience, have certain
judges refused to take?
A. Well, some judges have declined to take divorce cases. * * *
If the judge felt that because of his attitude toward divorce he
could not give the parties a fair trial, this might be an excusable
ground.
Q. That would be an excusable ground?
A. * * * If it didn't interfere with the administration of jus-
tice. Some judges don't like to try criminal eases, and so they
won't take them. Some don't like to try personal injury cases, and
they don't take them. Some don't like to try jury cases. Some
don't like to try non-jury cases. There have been instances where
judges have tried to pick the type of cases they wanted to try.
* * * This is, of course, true of very few judges, but we have an
occasional situation of this kind, and when we do it is unfor-
tunate. * * *
There have been also cases of intoxication * * * judges who
were unable to perform their duties because they were intoxicated.
* * * Or a judge has gone on the bench in an intoxicated condi-
tion. Now, it doesn't take many of those cases to discredit all of
the judges in the State, and I think if we had some method of
removal, that situation would soon be corrected. * * * What we
want is some method of acting in these cases. We don 't have it now.
^ A Survey of Metropolitan Trial Courts in Los Angeles Area, p. 41.
50 JUDICIARY COMMITTEE OX ADMIXISTRATIOX OF JUSTICE
The lack of any workable means of removiug judges, the committee
was informed, ha.s led to difficulty in several counties where judges
have become disabled through sickness, old age or mental deterioration.
Some of these judges cling to their posts and their salaries long after
they have passed the point of usefulness. Questioned on this point, the
Chief Justice said :
There are some situations in this State in which men have sat
on the bench and drawn a salary * * * and not decided a single
case — men who will never return to the bench. * * * In one
county we had three judges, none of whom had been on the bench
for a year. One of them hadn't been on the bench for two years.
One of them was in an institution. And they were all drawing
salary. * * * I think the people of California have a right to
expect something different from that. I think they have a right
to expect that any man who holds a job and is drawing a salary
will do his job.
One case the committee investigated involved a 68-year-old municipal
judge who. pleading ill health, ceased holding court in December, 1955,
remained idle throughout 1956 and the first eight months of 1957, held
sessions for nine mornings during the next month, then laid off again.
As of the end of 1957 he had received more than $33,000 in salary for
nine mornings' work. A few months after the committee investigation,
the judge resigned.
Since disability is often the companion of old age, many attorneys
and other citizens have urged the setting of a compulsory retirement
age for judges. Some 20 states, as of 1957, had mandatory retirement
at ages between 70 and 80.^ Judges invariably have opposed the idea.
The Holbrook report advocated compulsory retirement of California
judges in their seventieth year, with the provision that the retired judge
could be called back into service, if he wished, for one-year periods.
The understanding was that judges who had lost their competence
would not be recalled. This system, the proponents held, was preferable
to one of singling out the disabled judge and taking specific action to
remove him.
Various compulsory-retirement measures have been introduced in the
Legislature in recent years. One resolution passed the Senate at the
1957 Session and reached the floor of the Assembly before representa-
tives of the Conference of California Judges and of the Judicial Coun-
cil persuaded the authors to withdraw it and permit the Joint Judiciary
Committee to study the problem. "When he appeared before the com-
mittee later that year. Chief Justice Gibson declared:
Chief Justice Gibson: I did not favor it (the resolution) and
I do not favor it now. I do not think that the problem of incom-
petent judges, judges who are permanently mentally or physically
incapacitated * * * can be solved by a fixed age. * * * You have
incompetent judges who are not seventy who should be retired.
* * * It isn't a problem of fixed age. The question is, can he do
his job. And I think that a much more efficient way of coping Avith
this problem is the one which is presented by the proposals of the
'"■ "Report of Leg^islation and Administration of Justice Section on the Trial Courts of
the Los Angeles Metropolitan Area," Town Hall, Los Angeles, March, 1957.
TPIE CALIFORNIA JUDICIARY 51
State Bar and the Judicial Council — and that is to have some
court or some body determine — whether it is a Qualifications Com-
mission or whether it is the Supreme Court — determine, upon a
complaint by lawyers that a man is permanently incapacitated,
whether he should be continued in ofSce.
The essential idea of the plan to which the Chief Justice referred
that prepared by the State Bar Association and the Judicial Council
is contained in Senate Constitutional Amendment No. 14, intro-
duced by the committee chairman on March 4, 1959.
It would create machinery for removing any judge in the State for
"willful misconduct in office or willful and persistent failure to per-
form his duties, or (he) may be retired for disability seriously inter-
fering with the performance of his duties, which is, or is likely to
become, of a permanent character." The enlarged Commission on
Judicial Qualifications (page 80) would investigate the case confi-
dentially and, if the findings warranted it, hold a hearing on the possi-
ble removal or retirement. This would be a private proceeding. "If
at such hearing it finds good cause therefor, it may recommend to the
Supreme Court the removal or retirement of the justice or judge."
The judge would be entitled to ask the Supreme Court to review
the case. If he did not, the court automatically would order the removal
or retirement. If the order were for retirement, the judge would re-
ceive the same rights and privileges as if he had retired according to
statute. If he were removed from office, his salary would cease im-
mediately.
Findings and Recommendations
Present methods for the removal or compulsory retirement of judges
are either too cumbersome, too expensive or too time-consuming to be
very useful. A new Commission on Judicial Qualifications, composed of
judges, lawyers and prominent citizens, should be granted power to
recommend to the Supreme Court the removal of a judge for cause.
Cause should be "willful misconduct in office or willful and persistent
failure to perform his duties." The commission should also be em-
powered to recommend to the Supreme Court that a judge be compelled
to retire and accept his pension if the commission finds that he is suf-
fering from a "disability seriously interfering with the administration
of his duties, which is, or is likely to become, of a permanent character. ' '
Complaints filed with and proceedings before the commission should
be kept confidential until such time as the commission files its report
with the Supreme Court recommending removal or mandatory re-
tirement.
8. A COURT ADMINISTRATOR
When California pioneered with the creation of the Judicial Council
in 1926, it handed the chairmanship to the Chief Justice of the Supreme
Court as an extra, part-time job. When he was not running the Su-
preme Court, he and his colleagues were supposed to "survey the con-
dition of business in the several courts with a view to simplifying and
improving the administration of justice * * * submit such suggestions
to the several courts as may seem in the interest of uniformity and the
expedition of business * * * report to the Governor and Legislature
at the commencement of each regular session with such recommenda-
tions as it may deem proper * * * adopt or amend rules of practice
and procedure for the several courts. * * * He alone was to seek to
expedite judicial business and to equalize the work of the judges, and
* * * provide for the assignment of any judge to another court of a
like or higher jurisdiction to assist a court or judge whose calendar
is congested. * * * i
This was a considerable assignment even at the time it was given
to the Chief Justice and the ten other judges who compose the council.
Since that day, however, the population of the State has tripled, and
the business of the courts has increased even more so. The sheer me-
chanical administration of the judicial branch has become a large and
complicated task.
This same type of growth in other fields of business and government
has been met with new methods of supervision and improved techniques
of fact gathering, co-ordination and specialized services.
But in other states, as well as California, such changes have been
slow to appear in the court system because of a deeply entrenched idea
that every judge's courtroom is his castle, to run as he pleases free
from any intruding influence. This condition was recognized as wide-
spread in a recent article by Henry P. Chandler, Edward B. McCon-
nell and Leland L. Tolman, recognized authorities on court administra-
tion. They said, in part:
Probably the largest obstacle to reorganization of court ad-
ministrative practice is the traditional concept that a judge should
be completely independent. It is becoming more and more recog-
nized, however, that judicial independence is not necessarily in-
compatible with sound court administration. Obviously the court
should be free in determination of cases, but on matters relating
to the business affairs of courts there is a legitimate area for
supervision and organization.
There are a substantial number of functions that can be per-
formed by a centralized administrative organization. The greatest
proportion of time would probably be spent collecting informa-
tion on the work of the courts. It is essential to have data on the
number and type of cases, how much the court is ahead or behind
the docket. This information provides the basis for setting up
1 California Constitution, Article VI, Section la.
(52)
THE CALIFORNIA JUDICIARY 53
courts, deciding on the number of judges needed, and assigning
and moving them. The administrative organization can handle such
housekeeping matters as payrolls, purchasing, etcetera. A judge
should not have to do this kind of job.^
A growing number of states — 18 at last count — have established ad-
ministrative offices which are attached to the State Supreme Court and
have varying degrees of connection with trial and appellate courts in
the state. Most of these offices have appeared in the 1950s.
One of the best known is the New Jersey administrative office cre-
ated in 1948. Its administrative director holds office at the pleasure of
the Chief Justice. He receives weekly reports from each trial judge
(monthly from municipal magistrates) showing the number of hours
spent on the bench each court day, decisions rendered, and cases and
motions heard but not decided. Clerks of the appellate courts send in
weekly reports showing the status of every pending matter, the number
of opinions assigned to each appellate judge, the number he has out-
standing, and the court's record of work accomplished compared with
that a year ago. Clerks of all trial courts report monthly on their court
calendars, indicating the number of cases disposed of during the month,
the number added, and the age of cases pending. County prosecutors
submit monthly reports as to the status of criminal complaints, indict-
ments, appeals and other information.
After analyzing the reports, the administrative director makes rec-
ommendations to the Chief Justice, who has the power to assign judges
where needed.
The administrative director, who also prepares the entire state judi-
ciary budget, has a staff of five legal and research assistants, plus a
clerical staff of 10.
Washington, one of the most recent states to establish a court ad-
ministrator (1957), provided in its legislation that the administrator,
with the approval of his superior, the Chief Justice, may withhold the
salary of a superior court judge who refuses to accept assignment in
another county.
The need for a court administrator in California has been growing
increasingly acute since World War II. Chief Justice Gibson told the
Conference of California Judges at Monterey in 1957 that such an
administrator "working under the direction of the Judicial Council
would be of great assistance in maintaining an efficiently operating
judicial system and in freeing the chairman from a mass of admin-
istrative detail."
One admitted weakness of the existing system has been its dependence
upon written reports sent in by the courts to the Judicial Council.
The committee's staff found that these reports, in some respects at least,
were not to be relied upon. For example, in some courts the record of
submitted cases was very sloppily kept. In others, the committee's staff
was warned by judges and clerks that the record of time on the bench
and in chambers was only a guess.
" "Administering- the Courts — Federal, State and Local," Journal of the American
Judicature Society, June, 1958 (pp. 16, 17).
54
JUDICIARY COMMITTEE ON ADMINISTRATION OF JUSTICE
It is contemplated that if a court administrator were to be established
in California, he would not remain office-bound in one city, but would
travel about the State observing court operations at firsthand and
reporting back to the Chief Justice and the Judicial Council.
Senate Constitutional Amendment No. .14, introduced on March 4,
1959, by the Joint Judiciary Committee Chairman, provides that an
enlarged Judicial Council "may appoint an administrative director of
the courts, who shall hold office at its pleasure and shall perform such
of the duties of the council and of its chairman * * * as may be dele-
gated to him. ' '
The committee regards this as one of the important steps that can be
taken for improving the quality of justice in California courts.
FUNCTIONS PERFORMED BY COURT ADMINISTRATIVE OFFICES IN 14 STATES
^m 5"" -"05 ~toJ:rf
.SSc +^"0 3otD -.Cir-i-;
tS o iSs 'S-^t; Sis'---
Connecticut X X
Iowa XX X
Kentucky X X
Louisiana XXX
Maryland XXX
Michigan XXX
Missouri X X
New Jersey X X X X
New York X X
North Carolina- XXX
Ohio XXX
Oregon X X X X
Virginia X X
Wisconsin X X
SOURCE: Institute of Judicial Administration, July 18, 1956 (4-U60).
Findings and Recommendations
The United States Government and a number of states have ascer-
tained that a court administrator performs an important function in
increasing the efficiency of the courts and equalizing the workload of
judges. Our Chief Justice, as Chairman of the Judicial Council, is over-
burdened with a multitude of administrative details which a court
administrator could perform, thus freeing the chairman for more im-
portant and constructive tasks. A court administrator, bolstered by a
strong Judicial Council, could, by keeping a close watch over the
administrative details of the operation of the courts, prevent many
of the abuses discovered by this committee from ever developing. The
office of court administrator should be created in this State.
APPENDICES
APPENDIX 1
FOR STATE CONTROLLER
STATE OF CALIFORNIA | j
County of J '
Judge of the Superior Court in and for the County of ,
State of California, being first duly sinorn, depose and say, that no cause remains
pending and undetermined that has ieen suimitted to me in said Court for decision
for the period of ninety days prior to the first day of , 195 ,
Suhscribed and sworn to before me this\
195 ;
Form AUD-14
(57)
APPENDIX 2
Superior Court SUAAMARY FOR MONTH OF _.. _ , 19..
COUNTY OF -
THE JUDICIAL COUNCIL OF THE STATE OF CALIFORNIA
1. civil
PROCEEDINGS
PrgMi
OuinlUiuMp
Divorce vH
Separate
Malntenanea
Annulme.-it
Penorul Inlirir,
Property Oanut*
Read Regulafiont on Superior Court Roportt le
tho Judicial Council before completing llili form.
Oth«f Civil
A. Filin
1. «
0
C
F
B. Disp
1. B
T
2. A
T
C. Othe
1. C
S
2. C
gs:
umber (a) involving $3,000 or less
xxxx
xxxx
XXXX
f (b) involving $3,000 01-$5,000
xxxx
xxxx
xxxx
ases (c) involving more than $5,000
xxxx
xxxx
xxxx
iled : (d) All other actions
ositions:
efore (a) Dismissals for lack of prosecution
rial (b) Other dismissals and transfers
(c) Judgments by clerk
xxxx
xxxx
xxxx
xxxx
(d) Summary judgments
fter (a) After uncontested trial
rial (b) After contested trial
rData:
ases (a) Between memo to set and pre-trial
ettled (b) During pre-trial
(c) Between pre-trial and trial
(d) During trial
ases Re-calendared
3. Jury Trials
4. NewTriaas
II. INSANITY AND OTHER INFIRMITIES
III. JUVENIIE
A. Filings:
1. Commitment petitions or affidavits filed
B. Dispositions:
1 . Before hearing :
Transferred or dismissed
A. Filings:
1. Certified from other courts or subjects
of petitions in juvenile court
After hearing:
(a) After uncontested hearing
B. Dispositions:
1. Before hearing:
Transferred or dismissed
2. Hearings;
(a) Resulting in dismissal
(b) After contested hearing
(b) Return of juvenile for
al proceedings
C. Other Data:
1. Jury trials
(e) Declaration of wardship
or abandonment
2. Commitments
3. Discharges
4. Probation granted
Other Data :
1. Commitments
2. Probation gran ted
IV. CRIMINAL
V. APPEALS EROM LOWER COURTS
A. Filings:
1. Number of defendants accused
From jMdco Court
From Munldpal Coivt
B. Dispositions:
Chril
Criminal
Clv«
Criminal
1. Before (a) Dismissals for lack of prosecutic
Trial (b) Other dismissals and transfers
(c) Convicted after plea of guilty
2. After (a) Acquitted or dismissed
Trial (b) Convicted
C. Other Data:
Jurj- trials
2. New trials
)n A. Filings:
1. Appellate department
2 Trial department
XXX
B. Dispositions:
1 . Before hearing
2. After hearing:
(a) Question of law:
(1) Without opinion
3. Imposition of sentence suspi-nded (2) Memo opinion
4. Sentence:
Etecuted | suavandM (3) Written opinion :
(a) State prison or death
a. Published
(b) Jail
b. Unpublished
(c) Fine
(b) Trial de novo
XXX
VI. SUPPLEMENTARY INFORMATION
A. Hearings of proceedings occurring
before trial
B. Probation hearings
C. Hearings of other proceedings
occurring after judgment
D. Number of supervisory orders
E. Juvenile court hearings other than
wardship or abandonment
F. Naturalization hearings
G. Pre-trial conferences held
H. Money judgments;
Number (1) $500 or less
of
(2) S50<J.01-$3,000
judgments (3) $3.000.01-$5,000
for; (4J More than 85,000
1 . Habeas
corpus;
(1) Petitions filed
(2) Dispositions;
(a) Writ granted
(b) Writ denied
J. Cases (1)31 through 90 days
WIBloul Hoarino
submitted: (2) Over 90 days
8l«uturc or Clerk
(58)
APPENDIX 3
RESOLUTION PROPOSED BY THE ALAMEDA COUNTY BAR ASSOCIATION
Resolved that the Conference of State Bar Delegates recommends
to the Board of Governors of the State Bar that the State Bar sponsor
legislation to amend Section 632 of the Code of Civil Procedure and to
add new sections numbered 632.1, 632.2, 632.3 and 632.4, as follows:
1 Sec. 632. (Decisions, how given and when and where filed :
2 Separate statement of findings and conclusions : Waiver : En-
3 try of Judgment.) 1. In superior courts and municipal
4 courts, upon the trial of a question of fact by the court, its
5 decision must be given in writing and filed with the clerk
6 within 30 days 90 days after the cause is submitted for deci-
7 sion. In giving the decision, the facts found and the conclu-
8 sions of law must be separately stated. In all cases written
9 findings of fact and conclusions of law shall be deemed waived
10 by a party by failure to appear at the trial. In municipal
11 courts written findings of fact and conclusions of law shall be
12 deemed waived unless they shall be expressly requested by one
13 or more of the parties at the time of the trial; provided, that
14 the court shall not be required to make any written findings
15 of fact and conclusions of law in cases in which the amount
16 of the demand, exclusive of interest and costs, or the value of
17 the property in controversy, does not exceed three three hun-
18 dred dollars ($300). In superior courts, written findings of
19 fact and conclusions of law may be waived by consent in writ-
20 iiig filed with the clerk or judge, or by oral consent in open
21 court, entered in the minutes.
22 Judgment upon the decision must be entered accordingly.
23 2. In justice courts when the trial is by the court, judgment
24 must be entered as provided in Section 664 of this code.
25 Sec. 632.1. (New) Every cause shall be submitted for de-
26 cision and conclusively deemed ordered submitted for decision
27 within the purview of Section 632 of this code and Section 24
28 of Article VI of the Constitution of the State of California
29 immediately upon the conclusion of the trial of any question
30 of fact by the court unless an order is made at such time in
31 open court in the presence of all of the parties to the cause or
32 their attorneys continuing the trial of the cause for the pur-
33 pose of hearing oral arguments or for the filing of briefs, in
34 either of which events the cause shall thereupon be forthwith
35 submitted for decision and conclusively deemed ordered sub-
36 mitted for decision at the time such oral arguments are con-
37 eluded, or at the time the concluding brief is filed, whichever
38 last occurs; provided, that no order shall be made relating to
39 the time of hearing oral arguments or the filing of briefs which
40 would have the effect of extending the time for submitting any
(69)
60 JUDICIARY COMMITTEE ON ADMINISTRATION OF JUSTICE
1 such cause for decision for more than 60 days after the con-
2 elusion of the trial of any question of fact by the court except
3 by written stipulation signed, or consented to in open court
4 and entered into the minutes, by the attorneys for each of the
5 respective parties and by any party if he is not represented
6 by an attorney.
7 Sec. 632.2. (New) No submission of any cause for deci-
8 sion referred to in Sections 632 and 632.1 of this code or any
9 order relating thereto shall be modified, vacated, or set aside
10 except upon motion made in open court by the attorney for a
11 party to such cause or by a party if he is not represented by
12 an attorney; provided, that if such motion is made by an
13 attorney, all parties whom he represents in such cause shall
14 evidence in writing their consent to the making of such mo-
15 tion, unless it is shown by the affidavit of such attorney that
16 any party whom he represents who has not thus consented in
17 writing to the making of such motion has expressly authorized
18 said attorney to make such motion.
19 All such motions shall be made within 60 days after the
20 order of submission is made or deemed made upon notice to
21 all of the parties to such cause in conformitv with Part 2,
22 Title 14, Chapter 4, of the Code of Civil Procedure, and
23 shall be supported by affidavits showing good cause for the
24 granting of such motion and by an affidavit of an attorney
25 representing a party to said cause or by a party to said cause
26 if he is not represented by an attorney, that such motion is not
27 made for the purpose of circumventing or avoiding any of the
28 provisions of Section 632 of the Code of Civil Procedure or
29 Section 24 of Article VI of the Constitution of the State of
30 California ; and if any such motion is granted the order modi-
31 fying, vacating or setting aside any such order of submission
32 shall be in writing signed by the judge who heard such motion,
33 and shall state the reasons therefor and the period within
34 which such cause shall be ordered resubmitted for decision,
35 and which period shall not exceed 30 days from and after
36 the time said motion is granted.
37 Sec. 632.3. (New) No submission of any cause for decision
38 or any order relating thereto referred to in Sections 632 and
39 632.1 of this code shall be modified, vacated, or set aside by
40 the court on its own motion or by the stipulation or consent of
41 the parties or their attornej^s. Any order relating to the sub-
42 mission of any cause for decision that is not in conformity or
43 is in conflict with Section 632 and 632.1 of this code, or any
44 order modifjnng, vacating, or setting aside an order of submis-
45 sion of any cause for decision that is not made in accordance
46 or is in conflict with Section 632.2 of this code, shall be void
47 for all purposes to the extent that any such order is not made
48 in accordance or is in conflict with any of said sections.
49 Sec. 632.4. (New) In superior courts and municipal
50 courts the clerk shall prepare, maintain and keep a public
51 record entitled "Submitted Civil Causes," which record shall
THE CALIFORNIA JUDICIARY 61
1 be separate and apart from other records relating to court pro-
2 eeedings and shall disclose the following information relating
3 to every civil cause in which no decision has been rendered by
4 the court for a period of more than 90 days after evidence in
5 such cause was last taken or submitted, irrespective of whether
6 or not such cause was submitted for decision or ordered sub-
7 mitted for decision :
8 (a) The title and number.
9 (b) The name of the judge presiding at the trial.
10 (c) If continued for further trial, the date to which it was
11 continued and the purpose of such continuance.
12 (d) The date on which the trial of questions of fact has been
13 concluded.
14 (e) The date on which it was ordered submitted for deei-
15 sion.
16 (f) Any order modifying, vacating, or setting aside an
17 order of submission, with the reasons therefor, and the date
18 on which such cause is ordered resubmitted for decision as
19 disclosed by such order.
20 (g) The date on which the decision was filed.
21 It shall be the duty of the clerk of each of said courts to
22 make up and deliver to the Judicial Council copies of all or
23 such parts of the foregoing information, at the expiration of
24 such regular periods or such other time or times, as may be
25 requested by the Judicial Council.
STATEMENT OF REASONS
In recent years much emphasis has been placed upon the delays in
concluding litigation and criticism of the conduct of lawyers who con-
tribute to the causes of such delays. Little or no attention has been
given to the conduct of judges, which bears on the same subject.
It is common knowledge, at least among lawyers, that cases tried by
courts are frequently held under submission and not decided for un-
reasonably long periods. As an extreme example, one superior judge
has had cases under submission for over three years. Recently this
judge resigned, and in order to enable him to decide these cases it was
necessary to appoint him as a judge pro tempore. Aside from being
an imposition on the taxpayers, in that this judge is drawing a salary
for performing a function for which he was previously paid, what type
of decisions can now be expected? When deciding a conflict of fact,
how can such judge apply the provisions of Section 1847 of the Code of
Civil Procedure in weighing the testimony of a witness and properly
considering the manner in which he testifies, and be the sole judge of
the credibility of witnesses whose manner on the witness stand he has
undoubtedly long since forgotten ?
In enacting Section 632 of the Code of Civil Procedure the Legisla-
ture intended that decisions by the court must be rendered within 30
days after the cause is submitted for decision. Notwithstanding the
mandatory language of this section, it has long been decided to be
merely directory, and for all practical purposes has been completely
ignored (McQuillan v. Donahue, 49 Cal. 157; Garrison v. RourJce, 32
62 JUDICIARY COMMITTEE ON ADMINISTRATION OF JUSTICE
Cal. (2d) 430, 436). For this reason, and also to make it coincide with
the period in Section 24, Article VI, of the Constitution, we are pro-
posing that the period be changed to 90 days. This constitutional pro-
vision provides that no judge "shall draw or receive any monthly
salary unless he shall make and subscribe an affidavit before an officer
entitled to administer oaths, that no cause in his court remains pending
and undetermined that has been submitted for decision for a period of
90 days. ' ' This salutary provision is being frequently evaded or circum-
vented by judges who at the end of each 90-day period vacate the
order of submission and resubmit the cause on the courts' own motion,
and this is usually done without the knowledge or consent of the liti-
gants.
The amendments and new sections here proposed are intended to pre-
vent this practice and so far as reasonably possible to avoid placing a
laAvyer in a position where he could be embarrassed by being requested
to stipulate or consent to an order that would result in circumventing
these provisions. It will also provide a convenient method of making
available information to the Judicial Council, the bench and bar that
may be of material assistance in expediting the conclusion of nonjury
civil actions.
APPENDIX 4
RESOLUTION PROPOSED BY BAR ASSOCIATION OF SAN FRANCISCO
1 Resolved that the Conference of State Bar Delegates recom-
2 mends to the Board of Governors of the State Bar that the
3 State Bar sponsor legislation to amend Sections 605, 607 and
4 608 of the Probate Code as follows :
5 Sec. 605. (Appointment of appraisers.) To make the ap-
6 praisement, the court or judge must appoint one of the inheri-
7 tance tax appraisers provided for by law 7 ei^ upon the request
8 el #ie executor ei' administrator e^ el a:»y person interested
9 m the estate, Haay, m its dioerction, appoint three persons, ese
10 el whom must fee eft inheritance tax a^p-paise^^ ift which ease
11 afty^ twe el them ffiay aet provided: efte el tfeeift fee the inheri-
12 tance tax appraiser .
13 Sec. 607. (Appraisement of property in another county.)
14 If any part of the estate is in a county other than that in
15 which letters issued, an appraiser e^? appraisers thereof may in
16 the same manner as above provided be appointed, either by the
17 court or judge having jurisdiction of the estate, or by the court
18 or judge of such other county, on request of the court or judge
19 having jurisdiction.
20 Sec. 608. ( Appraisers' Appraiser's oath : Form of appraise-
21 ment.) Before proceeding to the execution of their his duty,
22 the appraisers must take and subscribe an oath, to be attached
23 to the inventory, that they he will truly, honestly and impar-
24 tially appraise the property exhibited to them him , according
25 to the best of their his knowledge and ability. They He must
26 appraise the property by setting down each item separately,
27 with the value thereof at the time of the death of the decedent
28 in dollars and cents in figures opposite the respective items,
29 specifying the sum which they he believe s may be collected
30 on each debt or security.
31 (Proposed new language italic; language to be deleted shown
32 by strike-out.)
STATEMENT OF REASONS
Under existing law, the court may in its discretion, upon the request
of the executor or administrator or any person interested in the estate,
appoint three appraisers (one of whom must be an inheritance tax
appraiser). "Where three appraisers are appointed, each receives the
full statutory fee.
In certain counties in California, the practice of appointing three
appraisers has been abandoned. In other counties, the practice is still
followed in estates of substantial size.
No useful purpose is served by having two appraisers, in addition
to the inheritance tax appraiser appointed to make the appraisement
of an estate, and the only result is a trebling of expense. The repeal
of the statutory provisions permitting the appointment of three apprais-
ers will bring about uniformity throughout the State in the matter of
the appointment of appraisers and eliminate this needless expense.
(63)
APPENDIX 5
RESOLUTION
The judges of the superior court, assembled in their regular semi-
annual meeting, taking note of recent publicity emanating from the
investigative staff and hearings of the joint legislative committee,
welcome and respect the efforts of such a committee to make construc-
tive comments or suggestions concerning the operation of the court.
Such committees are important instruments for keeping the public
informed concerning their public officials and agencies, courts or other-
wise, and, further, their activities are often the spur for constant
improvement of public administration.
We are agreed that any of the committee's criticisms or suggestions
should be evaluated according to the highest possible standards of
public service.
With that in mind, the San Francisco Superior Court, late last
year, created a special Rules Committee of its own for the purpose of
reviewing all phases of its operation and recommending such rules as
might be necessary to improve administration and to revise or eliminate
any practices found to be inefficient, outmoded or questionable.
Among matters suggested to that committee for consideration was
that of rules governing attaches of the court.
Although the task of this court committee is much broader than
recent comment concerning particular situations, and report was to be
made on full completion of its work, we have decided, in view of that
comment, that our committee should now be directed to expedite its
work and to make findings and recommendations concerning any and
all such matters not later than the January meeting of the court.
Meanwhile, the judges of the court, upon the suggestion and with the
full support of our esteemed Probate Judge T. I. Fitzpatrick, have
agreed upon a policy of the court that, pending report of our court
committee and until further action of this court,
(a) No appointment of any kind of any attaches of the court will
be made by any judge;
(b) In probate matters, no more than one appraiser will be ap-
pointed in any estate unless upon written petition of a party in inter-
est; and
(c) For the present, no state-appointed inheritance tax appraiser
about whose eligibility for appointment by this court any legal question
exists will be appointed until the legal question has been resolved
satisfactorily to the court.
(64)
APPENDIX 6
SENATE BILL No. 168
Introduced by Senator Regan
January 19, 1959
REFERRED TO COMMITTEE ON REVENUE AND TAXATION
An act to amend Sections 605, 607 and 608 of the Prolate
Code, relating to the appointment of appraisers.
The people of the State of California do enact as follows:
1 Section 1. Section 605 of the Probate Code is amended to
2 read :
3 605. To make the appraisement, the court or judge must
4 shall appoint one of the inheritance tax appraisers provided
5 by law -^ e^ upon the request e^ the executor e^ administrator
6 e^ ei aay person interested 4ft the estate, may, m ite discretion,
7 appoint three persons, efte ei whom must fee && inheritance
8 ta;5 appraisofj is whicli ease asy twe e^ them may a:et p¥e-
9 vided eee ei them fee the inheritance ijBs appraiser. .
10 Sec. 2. Section 607 of said code is amended to read :
11 607. If any part of the estate is in a county other than
12 that in which letters issued, an appraiser e* appraisers thereof
13 may in the same manner as above provided be appointed,
14 either by the court or judge having jurisdiction of the estate,
15 or by the court or judge of such other county, on request of
16 the court or judge having jurisdiction.
LEGISLATIVE COUNSEL'S DIGEST
S. B. 168 as introduced, Edwin J. Regan (Rev. & Tax.). Probate appraisement.
Amends Sees. 605, 607 and 608, Prob. 0.
Provides for the appointment of one inheritance tax appraiser only in every in-
stance, instead of either one such appraiser or, at the request of the executor, admin-
istrator or any person interested in the estate, three persons, one of whom must be
an inheritance tax appraiser.
(65 )
3— L-4136
66 JUDICIARY COMMITTEE ON ADMINISTRATION OF JUSTICE
1 Sec. 3. Section 608 of said code is amended to read:
2 608. Before proceeding to the execution of their his duty,
3 the appraiacra must appraiser shall take and subscribe an oath,
4 to be attached to the inventory, that they he will truly, hon-
5 estly and impartially appraise the property exhibited to them
6 him , according to the best of their his knowledge and ability.
7 They must He shall appraise the property by setting down
8 each item separately, with the value thereof at the time of
9 the death of the decedent in dollars and cents in figures oppo-
10 site the respective items, specifying the sum which they he
11 believe s may be collected on each debt or security.
0
APPENDIX 7
State ob^ California
Office of Legislative Counsel
Sacramento, California, July 28, 1958
Honorable Edwin J. Regan
Weaverville, California
income tax-gratuities accepted by judges performing
marriage ceremonies- #3731
Dear Senator Regan :
Question
You have asked whether unsolicited gratuities received by a judge
for performing a marriage ceremony are taxable as income to the judge
under the California Personal Income Tax Law (R. & T. C, Sec. 17001
and following).
Opinion
It is our opinion that such gratuities are compensation for services
rendered, and, therefore, are subject to taxation under the California
Personal Income Tax Law.
Analysis
Section 17071 of the Revenue and Taxation Code defines gross income
for personal income tax purposes as including ' ' Compensation for serv-
ices, including fees, commissions, and similar items * * * ." Under
Section 17136, however, specifically excluded from gross income is the
value of property acquired by gift.
Whether the pajaiient received from another is a gift or compensa-
tion to the recipient depends upon the intention of the parties as deter-
mined from all the facts and circumstances {Wehher v. Commissioner
of Internal Revenue (1955), 219 Fed. 2d 834). When made in con-
sideration of services rendered, it may be treated as compensation even
though made voluntarily {Wehher v. Commissioner of Internal Rev-
enue, above, at p. 834; Old Colony Trust Co. v. Commissioner of In-
ternal Revenue (1928), 73 L. Ed. 918, 928; 110 A. L. R. 286). _
We understand that the judge in the matter here in question gen-
erally performs marriage ceremonies for persons who are strangers to
him, and that the gratuities which he receives from them are custom-
arily paid in consideration of such performance. In this there is lacking
the "essential element of a gift, namely, the free hestowing of a
gratuity without consideration" (see Roherts v. Commissioner of In-
ternal Revenue (1949— C. C. A. 9). 176 Fed. 2d 221, 223; Wehher v.
Commissioner of Internal Revenue, above, at p. 836). We conclude,
accordingly^, that under the facts and circumstances the gratuities in-
volved represent compensation subject to California income taxation.
We have been unable to find any California cases directly dealing
with this problem. However, the California District Court of Appeals,
Second District, recently decided in Rihn v. Franchise Tax Board
(67)
68 JUDICIARY COMMITTEE OX ADMINISTRATION OF JUSTICE
(1955), 131 Cal. App. 2d 356, that a waiter's tips were subject to taxa-
tion under the California Personal Income Tax Law, stating, at page
359 .
"Roberts v. Commissioner of Int. Rev., (C. C. A., 9) 176 F. 2d
221, is directly in point. It deals with tips received and retained
by a taxicab driver, who also collected a salary from his employer.
The court said at page 223 : ' The essential cpiestion is whether tips
are income.' In rejecting the argument that they are gifts, it also
said : *' B''rom the very beginning of the practice, it was evident that,
whether considered from the standpoint of the giver or the re-
cipient, it lacked the essential element of a gift, — namely, the free
hcstoiving of a gratuity without consideration. Despite apparent
voluntariness, there is an element of compulsion in tipping * * * .
In tipping, the financial advantage is conferred on the basis of
a consideration which is related to service. This makes it clearly
income. * * * So it is quite plain that the contention here made
that tips, in general, are merely the result of the donor's exhibi-
tionism and are given merely to satisfy the egotistical instinct of
the giver, cannot overcome the unalterable fact that, so far as the
recipient is concerned — the petitioner here — he received tips as
an incident to the service which he rendered to his patrons. They
are paid concurrently v/ith the fare as a token of better service
received. They are gain derived from his labor as a taxicab driver,
i.e., income from the practice of a calling.' "
These vieAvs lend support to our conclusion.
So, also, does the income tax regulation that marriage fees received
by a clergyman, evangelist, or religious worker are regarded as income
to the recipient (18 Cal. Am. Code, 17101 (b)).
Very truly yours,
Ralph N. Kleps, Legislative Counsel
B}^ Ryan M. Polstra, Deputy Legislative Counsel
APPENDIX 8
State op California
Office of Legislative Counsel
Sacramento, California, April 7, 1958
Honorable Edwin J. Regan
Senate Chamber
judges performing marriage ceremonies-#2817
Dear Senator Regan :
Question
You have asked us if a judge may keep money given him for per-
forming a marriage ceremony and whether he has any right to request
a fee for such services.
Opinion
While the matter is not entirely free from doubt, it is our opinion
that a judge may accept and keep a gratuity given to him voluntarily
by persons for whom he has performed a marriage ceremony.
It is also our opinion that a judge has no right to request a fee for
such services and that any fees collected by him upon his request
therefor may be recovered by the person paying the fee.
Analysis
The California Constitution provides :
"No judicial officer, except court commissioners, shall receive
to his own use any fees or perquisites of office. * * *" (Cal.
Const., Art. VI, Sec. 15.)
Marriage may be solemnized b,y any judge (Civ. C. Sec. 70). There
does not appear to be any statute prescribing a fee for the solemniza-
tion of marriage by a judge.
Our research has not revealed any cases of this or other states, ruling
on the legality of a judge accepting a gratuity or anything of value
for solemnizing a marriage. The constitutional provision prohibiting
judges from accepting or receiving fees or perquisites of office has
been in the Constitution since 1879 and has been amended only once,
in 1911, to include justices of the peace within the prohibition. Similar
language was added to the 1849 Constitution by an amendment adopted
in 1862 (1849 Cal. Const., Art. VI, Sec. 13).
In the case of Richardson v. Morrison (1929), 101 Cal. App. 418, the
court held that a justice of the peace could not be required to paj'' into
the county treasury money received by him from parties to any mar-
riage solemnized by him, as a fee, gift, reward, tip, compensation, or
otherwise. The law required justices of the peace to pay into the
county treasury fees allowed by law. The court based its conclusion
on the absence of any law requiring the collection of a fee for solemniz-
ing a marriage. While the court noted the existence of Section 15 of
Article VI, it expressly refrained from ruling on the authority of the
(69)
70
JT^^^csAKT ooiratnTEc «sr a^mtst^thrattock (or jnsrrrca:
.» -
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ale"
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•her
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-
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ti^t
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1>
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ai its ttatwni
-^ of tbe
In an Onssx?ai «•«?. B<(St v, MierSim 11913L ISiJ Pa*. 1126, tiie issw?
ireasurv, "
marrsag^e toe ajuj. &->^:
©f tiie p«aiw
:amiging war-
-.kies of tlie pMtee
^ - .: V ::a(d been aiu^i*i<ed
«?f tfe* p«»e* ts? require tis^m to
' ^ ^^p?*sit stteh ^i?«!S in the eoontr
had no rtg!it to d^Muand the
Lilly fead no right to the fees -so
eoU«eNfi(ed-
The qu«$tioa of whether a judieial ^©(ser aeteepting: mooey for per-
forming^ a r..?. :—'?.£ r v^eTeals>ny is grmlty of a misdeineanor under Seetion
!M of the i e has Iwen eonsidervd by the Attomej- Gktn^ral (2
Op- ''"' V . -vi* - Stvtiou W uiak«$ it a mi^emeanor for any
Jjr, .♦er to a^ or re«feiTe any emolument, gratuity, or reward,
ex. - ■•:- - . .1 ' ^^^v. ^ - ^- .; any ofiSeial aet. The Attorney
Gt: -' ' ■ y or other tiling of ralue, in
a*^ .ally apprvv^ed c ~ i^uninng a marHage
d<v- - . judieial oflSeer ^ -4. in the absenee of
eriminai intimt.
THE CALIFOBNLA. JUDICIABY 71
We believe a court would hold that the acceptance of the gratuity,
voluntarily given, is not in violation of the Constitution. Apparently,
the acceptance of gratuities under such circumstances is a well estab-
lished custom, notwithstanding Section 15 and its predecessor section
in the 1849 Constitution. The courts will give some weight to a long
established custom in construing a law or constitutional provision Csee
Douglas County v. Vinsonhaler (Neb.), 118 N.W. 1058 j. The gratuity
would not, in our opinion, be considered a fee. While it could be con-
sidered a "perquisite" under one of the means contained in the defini-
tion in Webster's New International Dictionary CUnab., 2d Ed.), the
meaning of "perquisite" can reasonably be limited to exclude tips and
gratuities as was done in the City of yew York ease, supra.
The general rule is that fees are collectible only when and to the
extent authorized by law and an officer demanding a fee must point to
a particular statute authorizing the fee. No usage with respect to such
charges can legalize them without such authority. (67 C.J.S. Officers,
Sec. 90, (b), page 328). Our research has revealed no law authorizing
a judge to charge a fee for .solemnization of a marriage. It is therefore
our opinion that a judge may not request a fee for such services.
It has been held that money illegally collected by an officer as a fee
cannot be retained by the officer and belongs to the person who paid
the fee {People v. Van Ness, 131 Cal. 547).
Very truly yours,
Ralph N. Kleps, Legislative Counsel
By Babbaba Cochbaxe Calais, Deputy
APPENDIX 9
SEXATE BILL No. 870
Introduced by Senator Regan
March 3, 1959
REFERRED TO COMMITTEE OX JUDICIARY
An act to add Section 94.5 to the Fenal Code, and to amend
Section 70 of, and to add Section 70.5 to, the Cicil Code, and
to add Section 26805 to the Government Code, relating to
solemnization of marriages and the acceptance of fees and
gratuities therefor.
The people of the State of California do enact as follows:
1 Section 1. Section 94.5 is added to the Penal Code, to
2 read:
3 94.5. Every judge or justice of a court of this State or
4 county clerk or deputy county clerk who asks for or accepts
5 any money or other things of value, other than a fee expressly
6 imposed by law, for performing any marriage, including any
7 money or thing of value voluntarily tendered by the persons
8 about to be married or who have been married by such judge
9 or justice, county clerk or deputy county clerk, whether the
10 request or acceptance occurs before or after performance of
W the marriage and whether or not performance of the marriage
LEGISLATIVE COUNSEL'S DIGEST
S. B. 870 as introduced, Regan (Jud. ). Fees and gratuities for solemnizing
marriages.
Adds Sec. 94.5, Pen. C, amends Sec. 70 and adds Sec. 70.5, Civ. C, adds Sec.
26805, Gov. C.
Makes it a misdemeanor for any judge or justice of a court of this State or county
clerk or deputy county clerk to ask for or accept any fee or other thing of value,
other than a fee expressly imposed by law, for performing any marriage.
Permits a county clerk or deputy county clerk to solemnize a marriage.
Authorizes a fee of $.3 for the solemnization of a marriage by a justice, judge,
county clerk, or deputy county clerk, such fee to be deposited in the county treasury.
Requires the county clerk or a deputy to be available during the office hours of
the county clerk's office, to solemnize marriages.
(72)
THE CALIFORNIA JUDICIARY 73
1 is conditioned on the giving of such money or the thing of
2 value by the persons being married, is guilty or a misdemeanor.
3 It is not a necessary element of the offense described by this
4 section that the request for or acceptance of the money or
5 other thing of value be committed with intent to commit ex-
6 tortion or with other criminal intent.
7 Sec. 2. Section 70 of the Civil Code is amended to read :
8 70. Marriage may be solemnized by either a justice of the
9 Supreme Court, justice of the district courts of appeal, judge
10 of the superior court, judge of the municipal court, judge of a
11 justice court, county clerk, deputy county clerk, priest or min-
12 ister of the gospel of any denomination, of the age of 21 years
13 or upwards.
14 Sec. 3. Section 70.5 is added to said code, to read :
15 70.5. The fee for solemnization of a marriage by a justice,
16 judge, county clerk, or deputy county clerk, is three dollars
17 ($3). Such fee shall be collected by the justice, judge, county
18 clerk, or deputy clerk solemnizing the marriage and shall be
19 deposited in the treasury of the county in which the marriage
20 is solemnized. No irregularity in the payment of a fee for
21 solemnizing a marriage shall cause the marriage to be void or
22 voidable.
23 Sec. 4. Section 26805 is added to the Government Code, to
24 read :
25 26805. The county clerk of each county shall make himself
26 or a deputy county clerk available, at all times during the
27 office hours of the county clerk's office, to solemnize, at such
28 office, the marriages of persons requesting a civil marriage.
0
APPENDIX 10
Letterhead of Superior Court
State of California
County of Alameda
Court House — Oakland 7
Thomas W. Caldecott
Judge July 3, 1958
Honorable Fred B. Wood
Chairman of the Legislative Committee
Conference of California Judges
State Building, San Francisco, California
Dear Justice Wood : In accordance with your request, I am submit-
ting this memorandum of the facts and figures contained in the report
of the Subcommittee on Salaries of the Legislative Committee of the
Conference of California Judges.
The report contains a comparison of the salaries of California judges
with:
1. Judges of the federal courts and other state courts.
2. Income of lawyers in the United States.
3. Nonjudicial California public officials.
The report did not attempt to compare the salaries of our municipal
court judges with the salaries of judges of inferior courts of the other
states due to the difference in organization of their judicial systems
and the great difference in the jurisdiction of the inferior courts from
state to state.
1. Comparison of Salaries of California Judges With Salaries of Judges
of the Federal Courts and Other State Systems
Intel mediate Principal
Supreme court appellate court trial court
Federal: $35,000 $25,500 $22,500
New York 37.500 28,000 to $34,000 26.000 to $32,000
California 23,000 21,500 15,000 to 18,000
Pennsylvania 30,000 28,000 18,000 to 25,000
The following are given as examples of the maximum salaries paid
in the principal trial court of some of the larger states:
Illinois, $22,000; Florida, $20,000; Georgia, $19,600; Michigan, $25,000.
2. Comparison of Salaries of California Judges With the income of
Practicing Lawyers in the United States
The following information is taken from an article by Maurice
Liebenberg in the United States Department of Commerce "Survey of
Court Business," December, 1956, and "The Economics of the Pro-
fession" by Robert M. Segal, 43 American Bar Association Journal,
789. The figures used in these reports are 1954 earnings.
A few basic statistics about the legal profession :
(a) Full-time lawyers. The income of full-time lawyers exceeds that
of part-time lawyers. This is rather obvious but is mentioned only
because of the great number of part-time lawyers and the fact
that in the reports mentioned they are considered the same as
full-time lawyers in the averages.
(74)
THE CALIFORNIA JUDICIARY 75
(b) Incomes increase as the size of the community in which the
lawyer practices increases. Lowest average salary of $5,639 was
reported by lawyers in communities of under one thousand
population, and the highest income of $12,709 in communities
of over one million population.
(c) Incomes increase with the age of the lawyer as well as the years
in practice. Lawyers aged 55 to 59 were at the earning peak,
although income was relatively stable between the ages of 45 and
65. Maximum earnings were not attained until after 25 years
of practice.
Specific Figures on Lawyers' Earnings
National average earninjjs $10,220
California average earnings for all lawyers 12,185
(California is the highest state in the Union.)
San Francisco average earnings 13,157
San Francisco median income for independent lawyers * 17,340
(San Francisco is the highest city in the United States.)
* An "independent lawyer" designates one providing legal services to individuals and
business on a fee or contract basis as distinguished from a salaried lawyer who
works in private industry, in education or in government.
Other cities with high average earnings in the United States are New
York, Chicago, and Philadelphia. Neither the average income nor
median income for Los Angeles lawyers was specified in the report. The
highest income class of lawyers were salaried lawyers employed by pri-
vate industry. Their income ran about one-third above national average.
It is interesting to note that the lawyers' average income by state
very closely follows the average per capita income by state.
3. Comparison of Salaries of California Judges With
Nonjudicial Public Officials
California has the second highest paid elective ofiicial in the Office
of Governor; salary, $40,000 (effective January, 1959). California has
the second highest paid appointive state official, Director of Finance,
$27,500. California has the second highest paid Legislature, $6,000.
The question has been raised that a $20,000 barrier exists in the
counties of California. The report of the Alameda County Taxpayers'
Association, October 1, 1957, does not bear this out. The report lists
eight counties with 30 positions paying $20,000 a year or more.
NoTK : Only 12 of these positions are in Los Angeles County.
Six counties have 16 positions paying $22,500 per year or more.
These six counties have over two-thirds of the population of California.
Three counties have six positions paying $25,000 a year or more.
The present law provides the following salaries for the superior
court :
Population of county 250,000 or more, $18,000
Population of county _40,000 to 250,000, $16,500
Population of county less than 40,000, $15,000
Municipal court :
Population of county 500,000 or more, $16,500
Population of county 250,000 to 500,000, $15,000
Population of county 40,000 to 250,000, $13,500
/s/ Thomas W. Caldecott
Judge of the Superior Court
APPENDIX 11
December 30, 1957
To the Board of Governors of the
State Bar of California
Gentlemen :
report of the committee to study the present pension
and retirement system for judges
The 1955 Conference of State Bar Delegates adopted, upon recom-
mendation of the Kesolutions Committee, 1955 Resolution 32, reading
as follows:
"Resolved, That the Conference of State Bar Delegates recom-
mends to the Board of Governors of the State Bar that an ap-
propriate committee of the State Bar be requested to study the
present pension and retirement system for judges and justices in
California, compare it with the programs of other states and the
Federal Government, and recommend to the board an}^ improve-
ments which the committee believes should be made in the Cali-
fornia system. ' '
Thereafter, the Board of Governors of the State Bar authorized and
requested "the president to appoint a committee of five to which said
resolution is hereby referred ; said committee to confer with representa-
tives of the California Conference of Judges theron."
The committee was appointed and this is its report.
The committee received from the State Bar a booklet of the Institute
of Judicial Administration dealing with the subject of Judicial Re-
tirement, Statutory Provisions and Comment. It was dated May 8, 1956.
The committee received in the course of its work the splendid co-
operation of Hon. Robert C. Kirkwood, the State Controller, who
assembled and sent to it in understandable form substantial statistical
data relating to this subject. Likewise, Mr. Ralph N. Kleps, Legislative
Counsel of the State of California, has been helpful on all occasions in
furnishing to the committee any information at his command.
Early in its deliberations the committee gave attention to the subject
of whether the California program for pensions and retirement of
judges compared favorably with programs in other states in the
United States. It was our opinion that California was in conformity
with the states liberal in providing for pensions and retirement of
judges and justices.
During the course of the committee's deliberations, it found that a
great many amendments had been proposed to the 1957 Legislature.
The committee considered all of the proposed amendments. It reached
a conclusion that until it was determined which amendments would be
enacted into law, it would be an idle act to make a report to the board
of Governors. The State Legislature passed many of the proposed
amendments. All amendments approved by Governor Goodwin J.
Knight were approved after the recommendation of the Conference of
California Judges.
(76)
THE CALIFORNIA JUDICIARY 77
The committee found that one of the items of information difficult
to obtain from any public source was the present age of judges, either
active or already on the retirement list. The committee met with Hon.
Fred B. Wood, Hon. Murray Draper and Hon. Albert C. WoUenberg
of the Conference of California Judges. Through their kindness, it did
receive statistical data concerning the ages of judges in California as
of September 1, 1957. It is interesting to note at this point that there
are 43 judges 70 years of age or over, of whom 19 are 75 years or over.
As of January 7, 1957, the actual number of judges on the retirement
list is 34.
The committee, as called for by the resolution, has given study to
the pension and retirement system of state judges and justices in com-
parison with the pension and retirement system in effect in the courts of
the United States.
It is not the intention of this committee to fill the report with statisti-
cal data but rather to summarize the overall picture, using statistics
and statutory details only to point up significant features thereof.
I. The Present Pension and Retirement System in California
The laws of California on the subject of pension and retirement
for judges cover supreme, appellate, superior and municipal judges,
and, generally speaking, cover these subjects:
1. Retirement for age ;
2. Retirement for disability ;
3. Contributions by judges to their retirement allowances;
4. Payment of benefits to judges ;
5. Payment of benefits to widows, dependent children, and the
estate of decedent ;
5a. Retirement allowance for judges retired for disability ;
Three other subjects requiring special comment are :
6. Method of computing years of service ;
7. Right of retired judges to practice law;
8. Status of judge after retirement as a judicial officer.
1. Retirement for Age
Briefly stated, the provisions of the Government Code (75025) on
the subject provide for retirement at various ages between 60 and 70
years, with varied requirements of years of service. For example, at
age 70 a judge can retire with an aggregate of 10 years of service
within the 15 years immediately preceding the effective date of retire-
ment, or with an aggregate of 20 years of service, the last five years
of which have been served immediately preceding the effective date
of retirement. The statute then provides for retirement of judges
at the ages of 69, 68, 67, 6Q, 65 and 60. There is a corresponding in-
crease in the number of years of service required as the age diminishes
and an increase in the number of years within which the service as
a judge must be performed. There is, however, an unusual situation
in respect to the 65-year group and the 60-year group. The 65-year
group may be retired with an aggregate of 20 years of service as a
judge within the 24 years immediately preceding the effective date of
78 JUDICIARY COMMITTEE OX ADMINISTRATION' OF JUSTICE
retirement. The 60-year group may be retired with an aggregate of
20 years of service as a judge. It is to be noted that A.ssembly Bill No.
415, comparable to Senate Bill No. 367, in one stage provided for 25
years of service for a judge retired at 60 years. In its final form said
Assembly bill was made identical with Senate Bill No. 367 and required
20 years of service. We are unable to find a reason for the inconsistency.
It should be remedied at the next session of the Legislature.
2. Eetiremejit for Disability
The present law ''Government Code 75060, et seq.) provides in sub-
stance that if the Governor finds any judge is unable to discharge
efficiently the duties of his office by reason of mental or physical dis-
ability which is likely to be permanent, he may. with the consent of
all of the members of the Committee on Qualifications, retire such
judge from office with or without his consent.
3. Conirihuiions hy Judges io Their Beiiremeni Allowances
Section 75102 provides that the State Controller at the end of each
month deduct 2^ percent from the monthly salary of each Justice
of the Supreme Court. District or Appeal Court, and the portion paid
by the State of each judge of the superior court, and put this amount
in the justices' retirement fund.
Section 75103 provides that the county auditor shall deduct 2^ per-
cent from the portion paid by the cotinty from the monthly salary
of each superior judge and cause this amount to be paid to the judges'
retirement fund.
The state contribution is 2^ percent of the monthly salary of all
judges. (750101.)
4. Payment of Benefits to Judges
Section 75032 of the Government Code proAides that a judge retiring
for age under Section 75025 shall, during the remainder of his life,
receive an allowance equal to one-half the salary payable, at the time
payment of the allowance falls due, to the judge holding the judicial
office to which he was last elected by the people. This, of course, means
that if the compensation of a judge of a court from which the judge
retires is increased subsequent to his retirement, the retired judge
will receive the benefit of the increase in compensation.
5. Payment of Benefits to Widows, Dependent Children, and the Estate
of Decedent
There are many provisions of the laws of California relating to the
manner in which the judge may choose to receive or apportion his
retirement allowance. This field of the law covers diminishing the
allowance pajable to the judge in order to provide at a later time
for an allowance to his widow, dependent children, and, under certain
circumstances, his estate. This phase of the pension and retirement
system is technical and detailed. It has undoubtedly been enacted by
the Legislature with intent to aid the retiring judicial officer. TVe
have been advised by the Conference of California Judges that it is
satisfactory and for the purpose of this report will not be considered
THE CALIFORNIA JUDICIARY 79
in detail. Suffice it to say we, too, believe that it is fair and equitable.
You will observe we have no recommendation that it be discontinued
or modified in any way. ,
There are other provisions of the pension and retirement law con-
cerning withdrawal of funds, reinstatement of funds, elections and
subjects intimately connected with the retirement sj^stem. They all
appear to be for the benefit of the retiring judge, and will receive no
further comment.
5a. Retirement allowance for judges retired for disability. (Section
75060.5)
The highlights of retirement pay for disabled judges are : First, if
the judge is eligible for retirement under the retirement statute, he
receives the retirement pay therein provided. If he is not eligible for
such retirement pay, he is still given a retirement alloM'ance for a
limited period, the manner of computing the same all being set out
with clarity in the law. There is a further limitation on the right to
receive any retirement pay. If, on undergoing a medical examination,
it is found that he is not incapacitated, he is still considered a judicial
officer but he cannot exercise any judicial powers except when assigned
by the chairman of the Judicial Council.
6. Computing years of service
This subject was a lush field for proposed amendments to the Legis-
lature. Service in many offices was proposed as proper to be included
in determining years of service for a retired judge. Some of these pro-
posals were adopted by the 1957 Legislature. At the present time, under
circumstances which are not important for this report, a judge may
receive credit for any period of time he has served as a constitutional
officer or as a public legal officer before becoming a judge. A consti-
tutional officer means, of course, a holder of an office created by the
Constitution, and public legal officer means the holder of any salaried
legal office of the State or of any county or city in the State, such as
attorney general, legislative counsel, district attorney, county counsel,
city attornev, citv prosecutor, public defender, or deputy of any such
office. (Section 75030.5)
There is also includable in computing the time of service of a retired
judge time spent in the military service, particularly during World
War 11. It is subject to limitations and conditions. There is also pro-
vision for including in years of service time spent in what is called
excluded courts.
7. Right of a retired judge to practice law
8. Status of a judge after retirement as a judicial officer
A retired judge is a judicial officer of the State but shall not exer-
cise any of the powers of a justice or judge except while under assign-
ment to a court, as provided in the law. A retired judge may, with
his own consent, be assigned by the Chairman of the Judicial Council
to sit in a court of like jurisdiction or higher jurisdiction than the one
from which he was retired, and while so assigned shall have all the
80 JUDICIARY COMMITTEE ON ADMINISTRATION OF JUSTICE
powers of a justice or judge thereof. Provision is made for his com-
pensation, which, when added to his pension allowance, equals the
pay of a judge of the court to v.^hich assigned.
While this report was being prepared, there came to the committee's
notice the most recent volume of the State Bar Journal (Vol. 32, No. 6,
November-December, 1957). That issue of the Journal contains an
addre.ss by Chief Justice Gibson delivered before the Conference of
California Judges at Monterey during the State Bar Convention last
October. It is contained at pages 727-737, and at page 731 the following
is found therein :
"Use of Retired Judges
The last of the changes included in this amendment of Section
1-a of Article VI presents nothing new. It would place in the
Constitution that portion of Government Code Section 75081 which
provides that a retired judge may with his consent be assigned to
a court of like or higher jurisdiction than the court from which
he was retired. This power has been exercised infrequently in the
past few years, but there are instances where a retired judge can
render valuable assistance to the courts with savings to the tax-
payers. The purpose of putting the provision in the Constitution
is to avoid questions about the legality of the code section such
as were raised in Pickens v. Johnson, where the statute was upheld
by a divided court."
The question of the right of retired judges to practice law is closely
related to the other heading herein with respect to the status of a
retired judge. This is strikingly evident by the Chief Justice's reference
to the case of Pickens v. Johnson, decided March 1, 1954, and reported
in 42 C. 2d 399. In that case Judge Moncur, formerly Superior Judge
of Plumas County, had taken his retirement (not for disability) and
after retirement, he was assigned by the Judicial Council to sit as a
pro tem judge of the Superior Court in Sacramento. While filling that
assignment a case was tried before him for declaratory relief and
damages for forcible entry and unlawful detainer. On appeal, the
jurisdictional question was presented as to whether there was really
a court sitting by reason of the fact that he had taken his retirement.
The Supreme Court held that he was a de jure as well as a de facto
superior judge and affirmed the judgment. The opinion is written by
Justice Shenk and concurred in by Justices Edmonds, Traynor, Spence
and Dooling (sitting on the Supreme Court pro tem). Justice Carter
wrote a concurring and dissenting opinion.
At page 406 the court says:
"While in retirement he (the retired judge) has the privilege
of maintaining his membership in the State Bar of California. As
such he is entitled to all of the privileges and immunities and is
subject to the duties and obligations of an attorney at law so long
as he maintains his membership in the State Bar organization. His
term of office as a judge has expired, or been terminated prior
thereto by his voluntary act, and the office is vacant. He may go
and come in all respects as any attorney and counselor at law but
THE CALIFORNIA JUDICIARY 81
he has no power as a judicial officer until the happening of a con-
tingency, namely, his assignment and voluntary acceptance thereof
as a judge of the superior court in and for a designated county
by the chairman of the Judicial Council."
It would appear from the language used by the Chief Justice at the
Monterey convention that it has been considered desirable to clarify
this matter by the amendment of Section 1-a of Article VI of the
Constitution, to bring out clearly the point which is implicit in the
Pickens case that if a retired judge elects to be a member of the State
Bar, with all the privileges and immunities of an attorney and coun-
selor at law, he thereby disables himself from eligibility to accept an
appointment as a pro tem judge.
In clarifying any uncertainty, it is our view that the judge on
retirement, if he elects to practice law, should by statute be disabled
from being called to serve as a judicial officer.
II. Comparison of the Program for ihe Retiring of Judges in
California With the Program of Other States
The statistical data on this subject has been exceptionally well cov-
ered in the document heretofore referred to entitled "Judicial Retire-
ment, Statutory Provisions and Comment" of May 8, 1956, put out
by the Institute of Judicial Administration. This booklet of established
data covers almost every phase of the pension and retirement systems
for judges.
Compulsory Retirement:
California has compulsory retirement for disability. It does not have
compulsory retirement because of age.
It is observable from the charts prepared, a part of the work above
mentioned, that retirement is compulsory in the following states at the
following ages: Connecticut at age 70; Idaho, 70; Kansas, 70; Louisi-
ana, 80; Maine, 71; Maryland, 70; Michigan, 70; Minnesota, 70; Mis-
sissippi, 65-70; Missouri, 75; Nebraska, 70; New Hampshire, 70; New
Jersey, 70 ; New York, 70 ; Ohio, 70 ; South Carolina, 72 ; Vermont, 70 ;
Virginia, 75 ; Washington, 75 ; Wisconsin, 70. In some instances where
the age of compulsory retirement is given, the judge is entitled to
serve out the term of office for which he was elected if he attains the
given age during that term of office. Many states call for the compul-
sory retirement of judges by reason of age without requiring a retire-
ment by reason of disability, and, likewise, retirement for disability,
as in California, without compulsory retirement for age.
Retired Judges Practicing Law and Holding Public Office:
The California program, in comparison with the programs in other
states, is not exactly clear, as heretofore pointed out, on the subject of
retired judges giving legal advice. Twenty-three of the states, without
enumerating them, have statutory restrictions on the practice of law.
The California statute has heretofore been analyzed.
The programs of other states, and also that of California, provide
restrictions upon the permissibility of the judge to draM' a pension or
retirement allowance and to receive compensation for other public serv-
ice. Some states provide for complete termination of the pension and
4— L-4136
82 JUDICIARY COMMITTEE ON ADMINISTRATION OF JUSTICE
retirement paj'. California provides, in substance, that earnings from
other public office shall reduce the pension allowance by the amount
of compensation received from any public service (office). The sub-
ject has been dealt with extensively in various states. California is
liberal to the judges on the subject. You will observe in our recom-
mendations that we have no recommendation to discontinue, modify or
alter these beneficial provisions with respect to pensions and retirement.
Comparison of retirement pay in California and other states:
In connection with the amount of retirement pay under the Califor-
nia program, as compared wnth the program in other states, without
going into great detail on the subject, it is important to observe that
the proportion is higher in the following states : Connecticut, two-
thirds ; Georgia, two-thirds ; Louisiana, two-thirds ; Main, three-fourths ;
Nevada, two-thirds, with 20 years of service — one-third with 15 years of
service ; New Jersey, three-fourths ; North Carolina, two-thirds ; Rhode
Island, three-fourths; Tennessee, full pay; Virginia, three-fourths.
Some states have a fixed amount of retirement pay or a percentage
of retirement pay which would be less than the amount in California.
These states are Alabama, Colorado, Kentucky, Missouri, Nevada, under
certain circumstances. New Mexico, South Carolina, Wyoming. Dela-
ware provides for a pension amount according to a formula which
ordinarily would be less than the California program but in certain
instances could be higher.
Florida has a formula for fixing retirement pay which is 5 percent
of the average final compensation for each year of service rendered but
not to exceed the average compensation.
Illinois has a formula for fixing retirem_ent pay, but the top amount
is 50 percent.
Iowa has a formula for fixing retirement pay which will produce less
than California, and the top amount is 40 percent.
Kansas has a mathematical formula for fixing retirement pay. Under
the formula, the retirement ipay must not exceed 65 percent of the last
monthly compensation received as a judicial officer.
Marjdand has a formula for fixing pay but not to exceed $9,000.
Appellate judges are given an additional allowance, but the total basic
allowance does not exceed $11,000.
Michigan provides for a pension amount which is less than the Cali-
fornia pension.
Minnesota has a plan which is complicated. It provides for retirement
pay in an amount of one-half of the compensation payable to his office,
plus 2^ perceut for each year, not exceeding 10 years, Avhich he has
served in his office in excess of 12 years. It also provides, under certain
circumstances, for full pay during unserved term.
Mississippi has no special retirement pay for judicial officers. They
participate in the social security system provided for state employees.
Missouri adds the requirement of residence in order to secure retire-
ment pay.
Montana has a complicated formula for determining retirement pay,
an explanation of which will add nothing to this report.
Nebraska's retirement pay is based on a formula but is not to exceed
65 percent of his compensation.
THE CALIFORNIA JUDICIARY 83
New Hampshire has a complicated formula which may or may not
produce more than one-half of his compensation.
New York has a formula for the fixing of retirement pay which is
complicated, involving- many factors, access to which we do not have.
Ohio, too, has a formula for computing pensions, but without con-
siderable additional information we are unable to compute it for the
purpose of this report.
Pennsylvania has a formula for computing pensions but without con-
siderable additional information, we are unable to compute it.
Texas has a formula for computing pensions and retirement pay, but
it is not to exceed 50 percent for the annual compensation.
Vermont has a formula for computing pensions, but without con-
siderable additional information we are unable to compute it for the
purpose of this report.
West Virginia apparently has a maximum amount of one-half of the
pa3^ There might be a slight variation under a formula but we do not
have sufficient information to tell whether it can result in higher com-
pensation.
Wisconsin has a formula for computing retirement pay. Without ad-
ditional data we cannot determine whether it exceeds or is less than
one-half of the compensation received at the time of retirement.
It is to be observed in considering this particular subject that your
committee did not have before it the base compensation paid to judges
in other states of a rank equivalent to our superior, district and
supreme judges. Our considered comment is that in all likelihood many
states which have a higher proportion of retirement pay than California
do not produce to the retiring judge an amount as large as one-half of
the pay of judges in California.
It is to be noted that the states of Connecticut, Louisiana, Maine,
Minnesota, New Jersey, Virginia, and perhaps other states, have a
larger proportion of retirement pay than Halifornia, but in each in-
stance the law calls for compulsory retiremein,.
The status of a judge on retirement has heretofore been pointed out
in this report. Many states have provisions on this general subject.
Some are identical with California ; others call for utilizing the services
of retired judges. Analyzing and pointing out the differences between
one state and another would add nothing to this report.
III. The Program in the State of California Compared With the Program
in Effect in the Courts of the United States
The two main differences are that federal judges may retire on full
pay upon the completion of 10 years' service and arriving at the age
of 70, and there is no contribution. The compensation is fixed as of the
time of his retirement from office. The federal law provides for equities
to widows and surviving children of justices of the Supreme Court in
the amount of $5,000 per year. In connection with other federal judges,
there is also a provision which provides a formula for annuities to
surviving dependent children and widows. The difference in the pro-
grams may be briefly summarized : The federal system is more liberal to
the judge and less liberal to his surviving widow and dependents.
84 JCDICIABY OOMlflTTEE ON ADUISISTRATION OF JUSTICE
IV. CondwMon and Recommendotions
The resolution calls upon the committee, after its study, to '^recom-
mend to the board any improvements "which the committee believes
should be made in the California system."
We have been advised by Judges Wood, Draper and Wollenberg of
the Conference of California Judges that generally the judges are
satif^fied vith the pr^ent retirement and pension system. It is our eon-
cluision that the retirement and pension system in California is, insofar
an it relates t-o the judges th«nselves, fair and liberal. It must, however,
be rec/>gnized that a pension and retirement plan is a complicated
mechanism; further, that it must rest upon a sound actuarial founda-
^' ' finally, that only an expert is competent to appraise the
- of the actuarial basis. Our committee is not competent to
exxrehfe an opinion on this question. It is recommended that the State
Bar ask the Legislature to request the Controller or other appropriate
state agency to prepare a report showing the aetuarial basis and finan-
cial soundness of the whole judicial retirement plan.
We recommend that the statute in respect to the retirement of judges
in the 60-year group, when contrasted with judges in the 6.5-year group,
be clarified by the Legislature so that the 60-year group be brought into
harmony with the group from 70 to 65 in respect to increase in the
number of years of service required as the age diminishes and the in-
crease in the number of years in which the service as a judge must be
performed.
We recommend that the statute or Constitution be clarified in respect
to the right of retired judges to practice law.
Apparently the retirement fund is adequate to take care of the retire-
ment of judges under the present sy^rtem where no compulsory retire-
ment is required.
We recognize that very definite criticism exists of the failure of the
retirement laws to induce judges to retire. Under the federal system
there is no compulsory" retirement. Under the California system there
is no compuLsory retirement. In many of the states, as pointed out in
this report, there is compulsory retirement. It will be observed that
under the California system a judge may retire at 60 years of age on a
liberal retirement allowanee.
We consider that the problem of compulsory retirement is one in
which the judg^is, the State Bar and the general public are vitally
interests.
We have pointed out in this report that there are 43 judges 70 years
or over, that there are 19 judges 75 years or over, and there are 8
judges 80 years or over, WTiat criticism there is of the adequacy of
the workload carried by the judges over 75 years is a subject with
which we are completely unfamiliar. We do not know the names of the
judges involved nor the counties in which they preside, nor do we
Itnow whether there exists a criticism of their work by the public or
the bar in the counties in which thev serve.
THE CALIFORNIA JUDICIARY 85
We heretofore referred to the address of Chief Justice Gibson de-
livered before the Conference of California Judges at Monterey during
the State Bar Convention last October and have referred to the book
and page at which his address is printed in the State Bar Journal.
Therein the Chief Justice says :
"* * * It is expected that there will be included in the agenda
of the committee certain proposed amendments to article VI of
our State Constitution, which were formulated by committees of
the State Bar and the Judicial Council. We are anxious to obtain
your suggestions and your criticisms of these amendments in order
that we may assist the committee in determining what action
should be taken by the Legislature with respect to them. I believe
that the measures should have the widest possible publicity and
full discussion by lawyers, judges and laymen and that none of
these amendments should be submitted to the people unless and
until there is general agreement on a program that will command
the fullest support of all. * * *"
The mea.sures treated by the Chief Justice in his address do not in-
clude the matter of compulsory retirement of judges. They do, as here-
tofore pointed out, refer to the use of retired judges. "We believe the
recommendation hereinafter expressed is in consonance with the views
of the Chief Justice.
It is the recommendation of this committee that the State Bar should
take a definite position in respect to the compulsory retirement of
judges. In our careful consideration of the subject, we do not believe
that the State Bar should take this position upon the recommendation
of a committee, nor by reason of the views of the members of the
Board of Governors; that, rather, it is a subject which should be pre-
sented to the entire memljership of the State Bar, or, if not that, at
least to the delegates of a convention of the State Bar.
It is our further recommendation that, before any position is taken
by the State Bar on the subject of compulsory retirement, the actuarial
analysis heretofore recommended be first had, and that to such actu-
arial analysis should be added an analysis showing the impact of com-
pulsory retirement at various ages upon the judicial retirement plan.
Respectfully submitted,
/s/ Habold C. Faulkner,
/s/ Eugene M. Prince
/S/ C. J. GOODELL
/s/ Lyman P. Robertson
/s/ Bruce M. Wallace
Committee
MINORITY REPORT
Carl L. Cheistexsen
Third Senatorial District
Humboldt County
CALIFORNIA LEGISLATURE
SENATE
May 4, 1959
Hox. Edwix J. Regax, Chairman
Joint Judiciary Committee on
Administration of Justice,
State Capitol
Dear Senator Regan : I have your letter of April 27, 1959. enclosing
partial report of the Joint Judiciary Committee on Administration of
Justice and hasten to state my views, which are not in accord with
the report or the recommendations therein contained.
1 — I disagree as to the necessity or advisability of the appointment
of a court administrative officer to conduct investigations in reference
to delays in the administration of justice as referred to on page 12 and
13 of the report, or as to the delegation of any powers to a court ad-
ministrator relative to the problem of working hours and vacations
as referred to on page 33 of the report. I believe the members of the
Bar have full confidence in the present administration of these matters,
both as to assignment of judges and the matters referred to as con-
ducted by the present Chief Justice or by a Chief Justice and I think
the idea of having an administrative officer, even though responsible
to the Judicial Council, is repugnant to the wishes of judges and
informed members of the public.
2 — I do not concur in the proposal to extend the present confirma-
tion of veto power of the Commission on Qualifications to the appoint-
ment of superior and municipal court judges. As a matter of fact, I
do not believe very many members of the Bar or the general public
would so concur, as it appears to be directly contrary to an open
election whereby the people can exercise their free choice as to whom
they wish to preside over the trial courts. I see no reason for the
extension of the membership or the powers of the present Commission
on Qualifications.
It is further proposed to permit a newly appointed judge to remain
in office until the second general state election after his appointment,
rather than as the present time, being required to run if he so desires
at the next succeeding general election. I believe the law should be
left as it is.
3 — In regard to the removal of judges, as referred to on page 51 of
the report, it appears to me that the proposal would permit the en-
(86)
THE CALIFORNIA JUDICIARY 87
larged Commission on Qualifications to have complete power in certain
instances, over the removal of judges. There are no sufficient rules to
limit this grant of power nor is there any provision to permit the
supreme court, upon such recommendation for removal by the Commis-
sion, to exercise its own independent judgment as to whether the recom-
mendations should be followed. This is contrary to the prevailing pro-
cedure in regard to disbarment or suspension of attorneys after in-
vestigation and recommendation by the State Bar and appears to me
to be peculiarly undemocratic and unfair. It is not difficult to realize
that in many instances, a judge would fail to petition for review after
he has been exposed to the public charges made before the supreme
court. In general, I believe the present provisions for removal for cause
appear to be adequate and further, that the instances of misconduct or
failure to perform the duties for which they were elected by judges in
one or more of the larger counties is by no means any sufficient basis
for such a radical departure from the present democratic system for
the selection and retention of trial court judges.
In other respects, I believe the report is well substantiated and have
no objection to and concur therein. In view of the extensive changes
made in the proposed recommendations, I believe this letter should be
regarded as a minority report in the particulars specified.
Very truly yours,
(Signed) Carl L. Christensen
printed in California state printing office
L-413fi 3-50 3M
SECOND PARTIAL REPORT OF THE
JOINT JUDICIARY COMMITTEE ON
ADMINISTRATION OF JUSTICE
Appointed Pursuant to Senate Concurrent Resolution No. 34 of the
1957 Regular Session of the California Legislature
ON
The Operation of the Courts
MEMBERS OF THE COMMITTEE
SENATORS
EDWIN J. REGAN
Chairman
STANLEY ARNOLD
JOHN WILLIAM BEARD
CARL L. CHRISTENSEN, JR.
JAMES A. COBEY
NATHAN F. COOMBS
RICHARD J. DOLWIG
FRED S. FARR
DONALD L. GRUNSKY
ROBERT I. McCarthy (vice
Earl D. Desmond, deceased)
RICHARD RICHARDS
GOSCOE O. FARLEY
Executive Direcfor
JOHN A. BOHN
Counsel
ASSEMBLYMEN
BRUCE F. ALLEN
Vice Chairman
WILLIAM BIDDICK, JR.
JOHN A. BUSTERUD
GEORGE G. CRAWFORD
ROBERT W. CROWN
LOUIS FRANCIS
RICHARD T. HANNA
THOMAS J. MacBRIDE
5. C. MASTERSON
BRUCE SUMNER
HOWARD J. THELIN
Published by the
SENATE
OF THE STATE OF CALIFORNIA
1959
GLENN M. ANDERSON
President of the Senate
HUGH M. BURNS
President pro Tempore
JOSEPH A. BEEK
Secretary of the Senate
CONTENTS
Page
Introduction 9
Senate Concurrent Resolution No. 34 13
Advisory Committee 15
1. Delays in Civil Litigation 17
2. The Single Trial Court Plan 19
3. Branch Superior Courts 26
4. Unifying the Municipal Court Districts of Los Angeles County 34
5. The Rule-Making Power 39
6. Trying the Issue of Liability First 48
7. Court-Appointed Medical Experts 52
8. Transferring Small Cases From Superior to Municipal Court — 57
9. Requiring More Complete Findings of Fact and Conclusions of
Law 64
10. Obtaining Uniformity of Appellate Decisions From Justice and
Municipal Courts 69
11. The Smaller Jury 70
In Conclusion 74
Appendices 75
(3)
LETTER OF TRANSMITTAL
Senate, California Legislature
May 26, 1959
To the President of the Senate
The Speaker of the Assembly
and Other Members of the Senate and Assembly
The Joint Judiciary Committee on Administration of Justice, estab-
lished by the 1957 Legislature (Senate Concurrent Resolution No. 34),
herewith submits its Second Partial Report, on the subject of the
operation of the courts.
The committee wishes to express its gratitude to the numerous citi-
zens, members of the bar and judges who appeared as witnesses and
otherwise aided the committee in its work. The State Bar of California,
the Conference of California Judges and the Judicial Council gave
notable assistance.
The third and final report of the committee's investigations and
studies will be on the subject of criminal law enforcement.
Respectfully submitted,
Stanley Arnold
John William Beard
Carl L. Christensen, Jr.
James A. Cobey
Nathan F. Coombs
Richard J. Dolwig
Fred S. Farr
Donald L. Grunsky
Richard Richards
Edwin J. Regan, Chairman
Bruce F. Allen, Vice Chairman
William Biddick, Jr.
John A. Busterud
George G. Crawford
Robert W. Crov^n
Louis Francis
Richard T. Hanna
Thomas J. MacBride
S. C. Masterson
Bruce Sumner
Howard J. Thelin
(5)
I
The Mariposa County Courthouse— the oldest (1854) and one of the smallest courthouses
of California.
(7)
(8)
INTRODUCTION
In California, as elsewhere, agitation for legal reform seems never
to cease. Ideas for improving the administration of justice flow in a
constant stream from luncheon tables, law journals and lecterns —
wherever members of the profession find themselves with an audience of
their peers. Eventually much of this flow is channeled into the Legisla-
ture where hundreds of bills are introduced at each session proposing
this change and that in the ways of doing judicial business.
Over the past century, many such bills have been enacted. While
most of the changes have been minor, they cumulatively have re-
sulted in a massive and motley fabric of laws laid one atop the other,
until, like an old-time comic's pants, it has become difficult to tell
where the essential structure leaves off and the patches begin.
Bar associations and others have been demanding a general overhaul
of the patched-together court machinery for a generation or more.
But the demands grew insistent in the 1950s. The immediate cause
was a mounting backlog of civil cases, as the courts proved unable
to keep up with litigation generated by a swelling postwar population
and an increasingly complex, industrialized society. The situation in
metropolitan centers like Los Angeles, San Francisco and San Diego
grew especially acute.
The traditional remedy for court congestion — to add another judge
— no longer seemed adequate. Not only that, it was proving expensive.
To build quarters for another court cost up to $250,000 ^ ; and to oper-
ate it cost another $70,000 or so a year, including the salaries of the
judge and court attaches.
Citizens outside the legal profession began to ask publicly whether
the judicial methods of the gaslight era should not undergo thorough
re-examination. Critical articles appeared in the press, notably the Los
Angeles Examiner's 1956 series, "Our Wasteful Courts." That same
year a research staff headed by Professor James C Holbrook of the
University of Southern California, financed by the Haynes Founda-
tion, issued a report advocating major changes in the Los Angeles
county court system. Organizations like San Francisco 's Commonwealth
Club and the Los Angeles Town Hall launched studies of court reform.
Soon after, the State Bar of California and the Judicial Council
threw their support behind a proposal for a full-scale legislative study
of court modernization. This led in the 1957 Session to passage of Sen-
ate Concurrent Resolution No. 34 creating the Joint Judiciary Com-
mittee on Administration of Justice. This group of 22 members from
the Senate and Assembly judiciary committees was instructed to ''an-
alyze all facts relating to the judicial system of this State for the pur-
pose of improving the efficiency of trial and appellate courts and ex-
pediting the administration of justice * * *." (Text of resolution on
page 13.)
I This figure for the new Los Angeles courthouse opened in late 1958. It cost 24 mil-
lion dollars, contains 96 courts.
(9)
10 COMMITTEE REPORT ON OPERATION OF THE COURTS
To lielp ill outlining the scope of its study, the joint committee asked
for recommendations from an ad^dsory committee composed of three
representatives each from the State Bar, the Conference of California
Judges and the Judicial Council (see page 15 for names). These ad-
visers in late 1957 submitted the following suggested topics :
E. FOR IMMEDIATE STUDY
(1) Augmentation of the membership of the Judicial Council,
implementation of the council 's rule-making function to cover rules
of practice and procedure for the several courts, provision for an
Administrative Director of the Courts, and specific sanction for
assignment of retired judges to judicial duty. (Illustrated by the
provisions of S. C. A. No. 11 of 1957.)
(2) Augmentation of the membership of the Commission on
Judicial Qualifications. (Illustrated by S. C. A. No. 12 of 1957.)
(3) Provision for judicial determination by the Commission on
Judicial Qualifications (with augmented membership) of the fit-
ness of a person to continue to serve as a judge, such determination
and recommendation (whether for dismissal or for retirement) to
be subject to veto by the State Senate. (Illustrated by the pro-
visions of S. C. A. No. 15 of 1957.)
(4) In connection with item (3), the desirability, or not, of
compulsory retirement of judges at a specified age, and a reap-
praisal of the retirement allowance provisions of our Judges' Re-
tirement Law.
(5) A study of judicial salaries, in relation to each other and
to those in the Executive Department and judicial salaries in other
jurisdictions, state and federal.
(6) Should the initial filling of a vacancy in the office of a
judge of the superior or of the municipal court be made by guber-
natorial appointment subject to approval of the Commission on
Judicial Qualifications if the commission's membership be aug-
mented; to be followed by an election as currently provided?
(Illustrated by S. C. A. No. 16 of 1957.)
(7) A study of the desirability of giving to the State Bar the
status of a constitutional body. (Illustrated by S. C. A. No. 14 of
1957.)
(8) A study of means and methods for the expedition of judicial
determination of the growing volume of tort litigation including
consideration of the transfer of cases from the superior to the
municipal courts, reduction in the size of the jury, imposition of
costs and attorneys' fees when it develops that a case should have
been inrstituted in the municipal court, limitation of the voir dire
examination, et cetera.
(9) A study of the establishment, location, operation, and func-
tioning of branch courts of the superior court.
II. FOR A LONG-RANGE STUDY
(10) As and when time permits, to enter upon a study looking
toward a general reorganization of the court structure to adapt
it more efficiently to modern needs as developed by a factual study
of the volume and nature of judicial business throughout the State.
COMMITTEE REPORT ON OPERATION OP THE COURTS 11
If it develops that it is not feasible to complete this long-range
study during the current biennium, it is recommended that the
Legislature he requested at the next general session to extend the
existence of the Joint Interim Judiciary Committee for the con-
tinuation of the study.
Such a study might well comprehend consideration of substan-
tially all of the remaining items of the checklist prepared by the
executive director of the joint committee under date of Septem-
ber 26, 1957, being items (11) to (16) as follows:
(11) Should suitable provision be made for review, under ap-
propriate circumstances, by the district courts of appeal, of cases
originating in the municipal courts? (Illustrated by S. C. A. No.
10 of 1957.)
(12) Is there a problem in making the most efficient use of the
services of all members of the judiciary? If so, what remedial
measures seem to be indicated ?
(a) Are some courts overmanned and others undermanned?
Would this condition be alleviated by adoption of the so-called
New Jersey plan whereby the superior court may transfer cases
to the municipal court if at pretrial it appears reasonably cer-
tain that damages are less than $3,000?
(b) Should the superior courts and municipal courts be con-
solidated? If not in all counties, should this be done in some of
them? Or should the municipal courts within a county be inte-
grated ?
(c) Should the monetary jurisdiction of the municipal court be
increased? If not in all civil cases, should it be done in certain
types of cases?
(d) Should there be a consolidation of some of the smaller
counties into judicial districts, with one superior court for each
district ?
(e) Should the presiding judge of a court have greater author-
ity than at present in respect to the assignment of judges to de-
partments and the assignment of cases to judges and departments?
(f) Should each judge be required to account to the presiding
judge of his court for his time on the job and report more regu-
larly and in greater detail as to his case load?
(13) Should superior court and municipal court judges be eligi-
ble to election or appointment to nonjudicial public offices? (Illus-
trated by S. C. A. No. 17 of 1957.)
(14) Should the terms of office of superior court and municipal
court judges be lengthened, say, to 12 years?
(15) Should superior and municipal court judges run for re-
election against their records, as do the appellate court judges?
(16) How may the number of appellate court opinions be re-
duced and their average length be shortened ?
These topics formed the basic agenda for the joint committee's hear-
ings, which opened in Colton Hall in Monterey on October 1, 1957.
Subsequent committee or subcommittee hearings were held as follows:
December 18 and 19, 1957, State Building, Los Angeles.
January 27, 1958, same location.
12 COMMITTEE REPORT ON OPERATION OF THE COURTS
February 26, 1958, Court House, Stockton.
March 20, 1958, State Capitol, Sacramento.
April 21 and 22, 1958, State Building, Los Angeles.
May 12 and 13, 1958, same location.
June 16, 17 and 18, 1958, same location.
July 14 and 15, 1958, State Building, San Francisco.
August 1, 1958, California Building, San Francisco.
September 10, 1958, State Building, Los Angeles.
September 26, 1958, same location.
October 9 and 10, 1958, Civic Center, San Diego.
December 3, 1958, California Building, San Francisco.
Much of the testimony and many of the ideas presented at these
hearings were controversial. And certain findings and recommenda-
tions that the committee presents in the following pages undoubtedlj-
will evoke heated discussion and rebuttal.
This is all to the good. For from the discussion are sure to come fur-
ther suggestions and refinements. And in attacking a problem as large
as the one at hand, there is room for ideas from every member of the
legal profession and every interested citizen.
SENATE CONCURRENT RESOLUTION No. 34
Relative to the creation of the Joint Judiciary
Committee on Administration of Justice
Whereas, Delays in litigation, particularly in certain metropolitan
areas, have resulted in public criticism of our court system; and
Whereas, Since our present system of procedure was adopted the
State has experienced an unparalleled growth of j^opulation, business,
and industry, with a consequent change in the nature, intensity, and
complexity of social, economic, and legal problems with which the
public and the courts are confronted ; and
Whereas, Major reforms and changes in the judicial system of this
State are required to remove the causes of delay in the administration
of justice and to increase the efficiency of our trial and appellate
courts; and
Whereas, A thorough study and investigation of such matters is
required in order to prepare and enact adequate legislation to solve
these problems; now, therefore, be it
Resolved hy the Senate of the State of California, the Assembly
thereof concurring, As follows:
1. The Joint Judiciary Committee on Administration of Justice is
hereby created and authorized and directed to ascertain, study and
analyze all facts relating to the judicial system of this State for the
purpose of improving the efficiency of trial and appellate courts and
expediting the administration of justice, and including the organization
and operation of the courts, revision of trial court practice, revision of
criminal procedure, and completion of the revision of appellate court
procedure, including but not limited to the operation, effect, adminis-
tration, enforcement and needed revision of any and all laws in any
way bearing upon or relating to the subject of this resolution, and to
report thereon to the Legislature, including in the reports its recom-
mendations for appropriate legislation.
2. The committee shall consist of the members of the Senate Standing
Committee on Judiciary and an equal number of members of the Assem-
bly Standing Committee on Judiciary appointed by the chairman
thereof. Vacancies occurring in the membership of the committee shall
be filled by the appointing power.
3. The State Bar of California and the Judicial Council are hereby
requested to assist and cooperate with the committee under the com-
mittee's direction in the investigation and study of the present system
of court organization and procedure in the State and to formulate the
propose recommendations to the committee for the reorganization and
modernization of the system of court organization and of practice and
procedure therein.
4. The committee is authorized to act during this session of the
Legislature, including any recess, and after final adjournment until
the commencement of the 1959 Regular Session, with authority to file
its final report not later than the 10th legislative day of that session.
(13)
14 COMMITTEE REPORT OX OPERATION OF THE COURTS
5. The committee and its members shall have and exercise all of the
rights, duties and powers conferred upon investigating committees and
their members by the provisions of the Joint Eules of the Senate and
Assembly as they are adopted and amended from time to time at this
session, which provisions are incorporated herein and made applicable
to this committee and its members.
6. The committee has the following additional powers and duties :
(a) To select a chairman and a vice chairman from its membership.
(b) To contract with such other agencies, public or private, includ-
ing law schools, as it deems necessary for the rendition and affording
of such services, facilities, studies and reports to the committee as will
best assist it to carry out the purposes for which it is created.
(c) To cooperate with and secure the cooperation of county, city,
city and county, and other local law enforcement agencies in investi-
gating any matter within the scope of this resolution and to direct
the sheriff of any county to serve subpenas, orders and other process
issued by the committee.
(d) To report its findings and recommendations to the Legislature
and to the people from time to time and at any time, not later than
herein provided.
(e) To do any and all other things necessary or convenient to
enable it fully and adequately to exercise its powers, perform its duties,
and accomplish the objects and purposes of this resolution.
7. The sum of one hundred thousand dollars ($100,000) or so much
thereof as may be necessary is hereby made available from the Con-
tingent Fund of the Senate and of the Assembly for the expenses of
the committee and its members and for any charges, expenses or claims
it may incur under this resolution, to be paid from the said contingent
funds equally and disbursed, after certification by the chairman of the
committee, upon warrants drawn by the State Controller upon the
State Treasurer.
ADVISORY COMMITTEE
TO THE JOINT JUDICIARY COMMITTEE ON
ADMINISTRATION OF JUSTICE
Representing the State Bar of California
Joseph A. Ball, Long Beach
John J. Goldberg, San Francisco
Herman F. Selvin, Los Angeles
Representing tJie Conference of California Judges
Jnstiee Murray Draper *
District Court of Appeal
First District, Division II
Judge Julius V. Patrosso
Superior Court, Los Angeles
Justice Fred B. Wood
District Court of Appeal
First District, Division I
Representing the Judicial Council
Judge Clarence L. Kincaid
Superior Court, Los Angeles
Judge Frederick E. Stone
Superior Court, Visalia
Presiding Justice Thomas P. White
District Court of Appeal
Second District, Division I
* Replaced Judge Albert C. WoUenberg-, Superior Court, San Francisco, in July, 1955
after Judge WoUenberg was appointed to the United States District Court.
(15)
1. DELAYS IN CIVIL LITIGATION
The cry that justice moves too slowly is not a new one, born of
California's postwar boom. It has been heard for many years and in
many places. In the past century, New York State alone has had 26
commissions studying ways to nnclop; its civil courts.^ Few metropolitan
areas in the IT. S. have been free of the complaint.
In some, the problem has become acute. Cook County (Chicago)
reported in 1958 an average lag of 57 months — nearly five years — from
the time the parties in a personal injury jurv case were "at issue" until
the trial began. In Queens County (New York City) the average wait
was 38 months; in Fairfield county, Connecticut (Bridgeport) it was
31 months; in Cuyahoga County (Cleveland) nearly 27 months.
Judged by these horrible examples, California courts, even in Los
Angeles and San Diego, were not doing too badly. But compared with
the national average, they rated poorly. As of July, 1958, the delays
were running:
Time from fil'nff of viemorandum io
set case for trial until trial hegins
San Diego -_ 10 montlis
Los Anseles IS^ months
San Francisco 13 months
TJ. S. Average 9^ months
The waiting time for jury trials of civil cases in municipal courts in
California was considerably less, averaging approximately four months.
Some districts in Southern California, however, were badly congested.
For instance :
Time from filing of
memornndvm to set cose
for trial until trial begins
Whittier judicial district l-'H months
Citrus It months
San Diego 9 months
Pomona 6 months
Statistics also showed the situation worsening, especially in fast-
growing areas like Los Angeles and San Diego. The backlog of waiting
eases in Los Aneeles County Superior Court mounted from 6,300 cases
in 1952, to 10,200 in 1956, to 14,700 in 1958. The backlog was growing
at an even faster rate than the number of new cases filed ; that is, the
backlog had more than doubled while the new case filings had increased
less than 50 percent.
There was much more to the story, however, than mere statistics.
Behind the figures lay the feelings and the welfare of thousands of
California citizens. For them, the court delays meant everything from
inconvenience to personal tragedy.
Victims often found their financial situation becoming desperate as
months passed with no settlement. In some cases, witnesses died or
moved away, or memories failed. A disabled plaintifi', knowing he
could not recover a judgment for perhaps several years, often yielded
to arguments to sign a meager .settlement with an insurance company.
1 Nims, Harry D. "The Law's Delay: The Bar's Most Urg-ent Problem," American
Bar Associatio7i Journal, Jan., 1958, p. 27.
(17)
18 COMMITTEE REPORT ON OPERATION OF THE COURTS
More than one victim watched the law's delay lead to loss of his small
business or the breakup of his family.
Among those deeply disturbed by this state of affairs has been Chief
Justice Earl Warren, who told the American Bar Association at its
Los Angeles meeting last August 25th :
Interminable and unjustifiable delays in our courts are today
compromising the basic legal rights of countless thousands of
Americans and imperceptibly corroding the very foundations of
constitutional government in the United States. Today, because
the legal remedies of many of our people can be realized only
after they have sallowed with the passage of time, they are mere
forms of "^jiLstice. And to the extent that this is so, there is created
a disrespect for law at a time when everyone should be continually
conscious of the fundamental principle that it is primarily the
law and its adequate enforcement which makes individual liberty
possible. * * *
While more judges are essential to enable us to keep pace with
the growing population, we cannot expect our real strength to
flow merely from expanding the judiciary. That has been done
in the past, and it has been found not adequate. Our strength
must come mainly from improved methods of adjusting caseloads,
dispatching litigation for hearing, resolving complicated issues,
eliminating nonessential ones, increasing courtroom efficiency, and
through dispatch in decision making and appeal. * * *
Our entire system of goveriiment is on trial. * * * I urge that
we make the improvement of the administration of justice the
great central cause of our profession, and that all other causas be
made to conform to it.^
Blame for the sluggish pace of case handling has been heaped on
many shoulders. Harry Nims in his Bar Journal article points the finger
at his fellow attorneys, in these words :
]\Iany, perhaps most, lawyers do not consider delay of enough
importance to do anything about it. They do not believe that justice
delayed is necessarily justice denied. * * * They like delay. It is
a convenience; and they fear that if it be regulated or controlled,
their work may be hampered, possibly their income affected.^
In addition to attorneys, the judiciary, insurance companies and
legislators find themselves being nominated from time to time as those
responsible for court delays.
Undoubtedly all these and others must admit to a degree of failure,
either because of self-interest or indifference, in keeping grist moving
through the judicial mill. Yet the committee feels that the hope for
future improvement rests not with trying to eliminate these normal
human failings, but in placing cheeks upon them in the shape of im-
proved procedures.
Certain suggestions for such improvements are explored in the fol-
lowing pages. Among them : a single trial court, unifying municipal
court districts ; a transfer in the rule-making powers ; trying the issue
of liability first ; the use of court-appointed medical experts.
2 Address reprinted in American Bar Association Journal, November, 1958, p. 1043.
s American Bar Association Journal, January, 1958, p. 91.
2. THE SINGLE TRIAL COURT PLAN
The most far-reaching plan the committee encountered for stream-
lining the court structure came from the Los Angeles Association of
Municipal Judges : to consolidate all superior, municipal and justice
courts in Los Angeles, San Francisco and Alameda Counties into a
new superior court of unlimited jurisdiction.^
Under the proposal, nearly all the 89 municipal court judges in Los
Angeles County would become superior court judges,^ and their court
attaches would be designated superior court employees.
An association committee, headed by Municipal Court Judges Byron
J. "Walters and Morton L. Barker, wrote a 74-page report in mid-1957
describing the plan. Judge Walters presented this to the Joint Judi-
ciary Committee hearing in Los Angeles the following December 17th.
Four months later, in April, 1958, a committee of Los Angeles Superior
Court judges filed a report strongly criticizing the consolidation idea.
There has been little discussion of the proposal outside Los Angeles
County.
The Walters-Barker report summarized its recommendations as fol-
lows :
It is proposed that all courts under the new plan will use all
courtrooms now being used by all the trial courts in the county
including superior, municipal and justice. In localities where there
is now one municipal court only, it will be a superior court. Where
there are now several municipal courts and/or superior courts in
one locality, they will all be superior courts. The present justice
court facilities will become superior courts, serviced by the nearest
superior court judge part time on a "circuit court" basis, as
business warrants. * * *
All judges of the municipal and justice courts who are legally
eligible and qualified to preside as superior court judges will
succeed as judges of the superior court.^ (As the situation now
stands, this will eliminate one municipal court judge and include
one justice court judge.)
* * * There will be a presiding judge for the county, elected
by all the judges. * * * In each area having more than one judge,
an administrative judge will be appointed by the presiding judge
to handle the calendar for the department in the area. * * * All
judges will be elected on a countywide basis for six years, vacancies
to be filled by the Governor, as provided by law, for superior court
judges. * * *
The appellate department of the superior court will be abolished
and all appeals will be to the District Court of Appeal, Second
Appellate District, wherein there shall be provided one department
^A Proposal for the Consolidation of the Superior and Municipal Courts, September
10, 1957 (mimeographed).
2 All municipal court judges except those not members of the Bar.
^ The California Constitution requires that a superior court judge must have been
admitted to practice law in the State for the previous five years. Article VI,
sec. 23.
(19)
20 COMMITTEE REPORT ON OPERATION OF THE COURTS
set aside for appeals in misdemeanor cases, small claims cases, and
smaller cases. * * *
On the first day the new superior court opens under consolida-
tion with the municipal court and justice courts, each judge will
be in his original court. * * * The same clerk will be at the clerk's
desk, and the same bailiff will be in attendance. The chief clerk,
if it is a municipal court, will be at the same desk performing the
same functions, but will now be known as administrator or clerk
of the superior court. * * *
Each court will accept filings of any type of case whether it
be small claims or criminal or traffic, and it will accept the filing
of any civil case irrespective of the amount involved.
There wall undoubtedly be an administrative separation of cal-
endars into larger and smaller causes as far as money demands
are concerned, except that negligence cases wdll not be so separated.
The civil jury cases will be on one calendar undoubtedly, and the
small claims will be administered as at present.
On the criminal side, there will undoubtedly be separate cal-
endars for felonies, felony preliminaries, and misdemeanors. These
calendars will probably operate as they now do except that they
will be under the general jurisdiction of the presiding judge, who
w'ill in turn appoint the judges presiding in each calendar de-
partment.
Everything will operate the same, and the chief difference will
be the removal of the artificial jurisdictional barriers so that a
case of any size involving any amount, either at law or in equity,
or charging a misdemeanor or a felony, may be assigned by the
presiding judge to any one of the judges of the consolidated court.
The initial distribution of judges in Los Angeles County under the
Walters-Barker plan would be:
One-jndge courts (5) : Culver City, Monrovia, Torrance, West Los
Angeles, Lancaster.
Tivo-pidge courts (11) : South Gate, San Fernando, Alhambra,
Downey, El Monte, Bellflower, Redondo Beach, Whittier, San Pedro,
Beverly Hills, West Covina.
Three-judge courts (7) : Pomona, Burbank, Glendale, Inglewood,
East Los Angeles, Huntington Park, Van Nuys.
Others: Compton, four judges; Santa Monica, five; Pasadena, six;
Long Beach, 11; Los Angeles civic center, 106.
Judge AValters told the committee at a later hearing (May 13, 1958)
that his committee of Los Angeles municipal judges favored dividing
the county into five or six administrative districts with an assistant
presiding judge overseeing the consolidated superior court in each
district, and moving judges around within the district as needed to
equalize the caseload.
Presiding Judge Louis H. Burke, supported by his Los Angeles
superior bench colleagues, has led the opposition to the single-court
plan. Speaking for the superior court judges' Committee on Court
Organization, he declared in a letter to the Joint Judiciary Committee
chairman (April 28, 1958) :
COMMITTEE REPORT ON OPERATION OF THE COURTS 21
Proponents for the unification of the courts have submitted the
proposal to you as a solution to the problems facing the superior
court such as crowded calendars, expansion of the system of branch
courts, etc. In our opinion the proposal would solve none of these
problems, but on the contrary would aggravate them, as well as
creating additional ones.
Not one of the nationally known authorities who are quoted as
favoring the simplification of court structures has advocated the
abolishment of courts of limited jurisdiction similar to our munici-
pal courts, or their consolidation with the trial courts of general
jurisdiction such as our superior courts. On the contrary, these
authorities have all urged the retention of the lower courts for
the conduct of such proceedings as the trial of misdemeanants, the
holding of felony preliminaries, the hearing of small claims and
of civil cases involving amounts within certain stated limits.
The municipal courts are geared to the handling and disposal
of such cases with a minimum of expense and loss of time to liti-
gants and witnesses. They are the courts that deal with the large
bulk of our population. They are generally located in strategic
areas, widely spread out, in units of one or two departments so
as to be as close as possible to the people they serve. Their cal-
endars are easily adjustable because the time required for each
transaction is such — for example, a traffic violation or a small
claims case — that many matters can be heard in a single day.
Even where juries are requested a judge can conduct a number
of separate jury cases in a single day.
The unification proposal would make each of such courts a
branch of the superior court and permit the filing therein of all
types of superior court actions, divorce, adoptions, probate, labor
disputes, writs and receivers, injunctions, felony cases, declaratory
relief, and civil cases involving unlimited amounts, to name but a
few. Inevitably the attempted admixture of all such actions would
tend to destroy the simple, inexpensive, easily accessible, expedi-
tious procedures now enjoyed by the public in the municipal courts.
This joinder of the courts into a single superior court is not a
new proposal. Such a plan * * * was advocated, carefully con-
sidered and rejected by the Judicial Council of this State and many
other bodies some 10 years ago. * * *
May we refer to the assertion that consolidation would supply
additional manpower to the superior court by permitting the utili-
zation of the free time of municipal court judges to handle superior
court matters.
What free time, may we ask ? The chairman of the State Judicial
Council has been advised by the presiding judges of both the Los
Angeles Municipal Court and the Long Beach Municipal Court that
their court calendars are so congested that they are no longer able
to have any of their judges accept occasional temporary assign-
ments to serve on the superior court, as had been done through
the years. These two courts, with a complement of 47 judges, repre-
sent more than 50 percent of the total municipal court judges in
the county. Obviously the adding of these two courts to the su-
perior court would not yield one single judicial manpower hour to
22 COMMITTEE REPORT ON OPERATION OF THE COURTS
the superior court. No doubt there are a number of other municipal
court calendars in the same condition.
Apparently a few courts are in a more favored position and do
have some time available when their judges could do other work.
Weigh the value of gaining these few hours, a condition that
population growth will soon eliminate as it has elsewhere in the
countj^, against the administrative and other problems which would
be created by the adding of all these courts to the superior court,
and one can see that the proposal does not have real merit.
There are other and far less complicated ways of utilizing the
free time of the judges of those municipal courts which do not
have crowded calendars. One would be to preserve the present
method whereby the chairman of the Judicial Council assigns the
judges of such courts temporarily to assist in other municipal
courts which do have crowded calendars or to assist the superior
court.
An alternative plan would be to unify all of the municipal courts
into a single countjnvide system of such courts under a single pre-
siding judge, which would permit shifting about judges in the
municipal courts to meet existing caseloads.
To attempt to reach the asserted objective of the Walters-Barker
Report, of utilizing some available man-hours of judges in outlying
areas by the circuitous and tortuous route of absorbing all such
courts into the superior court, already the largest in the United
States, thus doubling its size, is entirely unjustifiable from any
viewpoint.
Your committee has recognized * * * that one of the major
problems facing the Legislature and the courts is the further ex-
pansion of the branch court system. Single-department or even
two-department branch courts, when utilized for trial purposes,
are expensive and inefficient. * «= * Recognizing this, the Legisla-
ture adopted a moratorium preventing the creation of additional
branch courts pending your study of the entire problem. The
Walters-Barker Report proposes to solve this branch court prob-
lem by opening the floodgates and increasing the number of
branch courts from 10 to 27. * * *
Proponents assert that the unification would result in more uni-
form rules of procedure. For all practical purposes, however, the
rules of procedure in both the superior and municipal courts
have been substantially the same since 1933. * * *
Finally, and of extreme importance to the great mass of people
who are served by the municipal courts, the proposed unification
would deprive them of the present expeditions and inexpensive
method of appealing from decisions of municipal courts to the
appellate department of the Los Angeles Superior Court, a time-
honored procedure which during its lifetime has seen over 13,000
appeals determined, of wliich only 40 have been appealed from to
the United States Supreme Court. These appeals have been han-
dled with a minimum of expense and red tape. Xo printed briefs
have been required, and the averasre time to complete an appeal has
been 45 days in criminal and 60 days in civil matters. Here, as in
COMMITTEE REPORT ON OPERATION OF THE COURTS 23
all other phases, it will be the people who would suffer the most
should the proposed Walters-Barker plan ever become a reality.
Proponents of consolidation attributed part of the superior court
judges' opposition (Judge Barker told the committee) to a fear "that
they might at some time have to sit as a judge in a small claims matter
or a traffic court case; here is a judge who has been on the superior
court for 15 or 20 years, and he does not want to have to sit on a small
claims case and he does not want to sit on traffic. ' ' To meet this reported
objection. Judges Barker and Walters proposed expanding the system
of commissioners and turning over to them the bulk of minor traffic
and small claims matters. These "deputy judges" whose appointment
is authorized by the Legislature receive $13,500 a year. Judge Walters
estimated that 15 additional commissioners would be needed, under
his plan. Members of the committee questioned him further about the
idea:
Senator Dolwig : If a commissioner is sitting on a case, would
his ruling be subject to appeal the same as if the judge were making
the ruling?
Judge Walters: Yes, sir. * * *
Senator Grunsky : Can you point out to me any distinction be-
tween a commissioner and a judge insofar as the function that
would be performed is concerned? * * * What is the advantage
of a commissioner over simply adding 15 judges, other than the
fact of the title and perhaps the salary that he is paid? Could we
not by simply adding more judges and having the judges perform
the functions that are now assigned to commissioners have the
advantage of their being elected judicial officers with all the dig-
nity that would attach to a judicial proceeding, rather than having
a judge-appointed commissioner acting? * * * I cannot quite un-
derstand what the advantage is, other than perhaps a $3,000 a year
differential in salary. * * *
Judge Walters : I can 't disagree with you, except to say that
$3,000 times 15 or 20 is nothing but money.
Senator Grunsky: It is a drop in the bucket compared with
what the courts are costing.
Judge Walters : It is 45 to 60 thousand dollars.
Presiding Judge Burke attacked the idea of making more widespread
use of commissioners. He described it as "another court system that
would grow up under the consolidated courts."
During his testimony Judge Burke traced what he saw as the back-
ground for the current controversy :
Judge Burke : Historically * * * we had in California a supe-
rior court of general jurisdiction and an inferior court. * * * It
is very unfortunate that the word "inferior" ever came into the
law, because apparently the connotation is taken by some that this
has something to do with the judge and not with the limited juris-
diction of that court. * * * We are not talking about inferior
judges. We are talking about courts of inferior jurisdiction or, to
use a better term, lesser or limited jurisdiction. We insist that this
is still needed. * * *
24 COMMITTEE REPORT ON OPERATION OF THE COURTS
In defiuing the jurisdiction of the court of lesser jurisdiction
and limiting it, we first gave them traffic — the Legislature did —
and small claims * * * and misdemeanors. * * * Where the
problem arose was when, limiting the amount of dollars in an
action that should be tried in municipal instead of in superior
court, we got into negligence eases, granting to the lower court a
power that it traditionally never had. * * * We did so for the
purpose, apparently, of either relieving the superior court of the
minor cases in this category, or of giving the municipal court or
justice court more actions to try to fill up their calendars — one or
the other reason and frankly I don't know which, but here is
where the trouble lies. * * *
Senator Dolwig: * * * Are you suggesting that (we) limit
jurisdiction for personal injury cases to the superior court?
Judge Burke ; * * * I am merely saying that this is one possi-
bility. Another is to increase the amount, the jurisdictional level
(for municipal courts) from three thousand dollars to five. * * *
These are possibilities Avhich do not require the amalgamation or
the abolishment of the trial court of lesser jurisdiction.
Another alternative suggested by opponents of consolidation was the
so-called New Jersey plan * of permitting a superior judge to transfer
a damage suit, at the pretrial stage, to a municipal court if he believes
the award is likely to be within the loAver court's jurisdictional limit of
$3,000. The municipal judges, Judge Walters said, view this idea as
"absolutely unworkable."
Among the advocates of the single-court plan was a former state
assembljTnan, Municipal Judge Kalph Dills. He told the committee :
Judge Dills : I am sorr^^ that in a way this appears to have de-
veloped into a debating society between one class of judges and
another level of judges. This does not solve the problem. The fear
a superior court judge may have that he would be relegated to the
"Siberia" of Compton or Glendale * * * or that he might pos-
sibly have to sit on small claims or traffic cases does not seem to
me a very valid argument against the consolidation of the courts —
nor is the desire on the part of municipal judges for added pres-
tige, salary and job security of being a superior court judge. But
if * * * the elimination of the overlapping of courts of the in-
ferior grade in the past, as occurred in 1950, if that has been good,
and I am sure it has been, it appears to me that logically the next
step is the consolidation of the municipal and superior courts.
In rebuttal, Judge Burke labeled the consolidation plan as a step
backward, particularly by permitting all types of actions to be heard
in the one- and two-judge branch courts. He continued :
Judge Burke: We have found that it pays in the civic center
courts, for example, to have law and motion matters handled in
specialized departments where the judge is assigned for an entire
year, and likewise with writs and receivers, and adoptions, and
so on. * * * The Walters-Barker Report recommends * * * you
could file in any one of these branch courts all varieties of actions
* See Chapter 8.
COMMITTEE REPORT ON OPERATION OF THE COURTS 25
and * * * the judge seated there could try them. * * * We do
believe this would be going back 50 years in efficiency.
Chief Justice Phil S. Gibson stated his opinion concerning the con-
solidation plan in a statement filed with the committee on May 13,
1958, as follows:
One proposal which it is claimed would solve these and many
other problems is to consolidate the superior and municipal courts
into one trial court. It is, I think, obvious that the only practicable
way this could be accomplished would be to divide the State into
judicial districts which would serve as a territorial basis for the or-
ganization of superior courts. Some of those districts might include
more than one county, others might be coterminous with the
boundaries of a county, while in other instances it would be neces-
sary to divide a county into several districts. In some instances,
it would be necessary to operate the court through several branches
within a district, and it may be very questionable whether consoli-
dation of the municipal and superior courts would result in a more
simplified and efficient judicial system. It would, I think, be a mis-
take to make a consolidation plan applicable only to a few counties,
or to make the adoption of the plan subject to local option. Uni-
formity throughout the State in my opinion is essential to the
efficient operation of our judicial system. As I pointed out a num-
ber of years ago, this proposal is revolutionary and like any major
reorganization of our court structure, it raises many grave ques-
tions. My mind is open on the subject but it is my present view
that we are not ready to take this step.
The Los Angeles County Board of Supervisors voted three to two
on February 17, 1959, to approve the principle of consolidating the
municipal and superior courts.
In order to bring the matter to the attention of the people, the
Chairman of the Joint Judiciary Committee on March 16th intro-
duced Senate Constitutional Amendment No. 17 providing for the
merger of all municipal and justice courts into the superior court, in
Los Angeles, San Diego, Alameda and San Francisco Counties, as
of 1962. The amendment would give the voters of other counties the
right to adopt a similar consolidation of courts if they wished.
FINDINGS AND RECOMMENDATIONS
The proposal to consolidate all of the presently existing trial courts
(superior, municipal and justice), or even to consolidate only the su-
perior and municipal courts, leaving the justice courts as they are, is
of such complexity and would have such far-reaching effects, not only
on the courts themselves, but also on the functions of the clerks,
sheriffs, marshals, constables and jury commissioners, that a great deal
of study would be required to determine its value and the proper pro-
cedure to put it into effect.
An appropriate interim committee should afford all interested per-
sons and organizations, such as the Judicial Council, State Bar, Con-
ference of California Judges, and Judges, Marshals and Constables
Association, an opportunity to present their views on the subject fol-
lowing the adjournment of the 1959 Session.
3. BRANCH SUPERIOR COURTS
The first branch superior court, like the first dandelion, ^stirred a
certain excitement when it appeared in Long Beach in 1925. Now, a
generation later, its progeny have sprouted not only all over the Los
Angeles area, but are growing in other parts of California as well.
Suddenly the problem has become one of control: to prevent a dozen
more from springing up within the next few years, with many others
sure to follow unless something is done.
Their existence, in itself, is not the problem. Branch courts are ap-
parently to be an inevitable part of modern life wherever millions of
people fill a large metropolitan area. The issue is to get the branch
courts in the right places — and under the present California system
for locating branch courts, most of them are likely to end up in the
wrong ones.
They also threaten to be not only in the wrong locations but to be
the wrong kind of courts — inefficient single-judge operations that are
alternately swamped with work, or idle (at a cost to the taxpayers of
a dollar a minute).
The State Constitution says nothing on the subject of branch supe-
rior courts. It specifies only that each county shall have at least one
superior court judge.^ The Legislature, however, began after "World
"War I enacting measures to permit not "branch superior courts" (that
phrase was never used) but "sessions" of a superior court away from
the county seat. The Legislature did not then, and never has, defined
precisely what a session is — whether it means a full-time court, a
half-time court, or one meeting only a few hours a month.
The series - of bills designed to enable first this city, then that one,
to obtain a branch court began in 1923 and 1925 with measures
tailored for Long Beach. These provided that there must he a branch
superior court in any city of at least 50,000 population whose city hall
is 15 miles or more from the countv courthouse. (1923 Stats., Ch. 42;
1925 Stats., Ch. 85.)
Six years later the population requirement was lowered from 50,000
to 45,000, and the distance from 15 miles to eight. This led to the
Pasadena branch court established on August 17, 1931. (1931 Stats.,
Ch. 182.)
The same Legislature enacted a permissive bill allowing a court
session for a period not exceeding two weeks in any month in any
city with a population of 7,000 or more whose city hall is at least 55
miles from the county courthouse. The Santa Barbara County branch
court at Santa ^Maria was created under this statute on October 6, 1931.
Pomona got its branch court two years later under an act requiring
a branch in every city with a population of at least 20,000 whose city
hall is 30 miles or more from the courthouse. (1933 Stats., Ch. 392.)
Long Beach had its court enlarged by another 1933 statute requiring
at least three sessions of the superior court in cities of 125,000 with a
1 Constitution, Art VI, Sec. 6.
2 Government Code, Sees. 69740 to 69751.5.
(26)
COMMITTEE REPORT ON OPERATION OF THE COURTS 27
city hall eight miles from the courthouse. (Government Code Sec.
69742.)
In 1935 the Legislature made it possible for Santa Monica to have
a branch by reducing the population requirement (it had been 50,000
in 1925, then 45,000 in 1931) to 35,000. The minimum distance from
the county courthouse was left at eight miles. (1935 Stats., Ch. 271.)
Another switch took place in 1941 : there must be a branch court in
each city of 50,000 with a city hall at least six miles from the court-
house. This resulted in the Glendale branch in May, 1943. (1941 Stats.,
Ch. 1247.)
By 1947 pressure had become strong for a branch court in the fast-
growing San Fernando Valley section of Los Angeles. The law, how-
ever, does not permit establishing a branch court within the boundaries
of a city that is the county seat. The Legislature, therefore, adopted a
complex formula to create a branch on the northern edge of the valley
in the city of San Fernando. This formula set the following conditions :
a city hall at least 18 miles from the courthouse ; a population in the
city of at least 10,000 ; a population of 50,000 within a 10-mile radius
of city hall; at least 15,000 persons residing 18 miles from the court-
house, some of whom would be required to travel 50 miles to attend
court at such city and at least 10 miles farther to attend the superior
court at the county courthouse or any other place where sessions of
the court have been established. (1947 Stats., Ch. 681.)
Another intricate formula came out of the 1953 Legislature, requiring
a branch in any city at least 70 miles from the county courthouse, with
a population of 5,000 in the city and 26,000 within a 30-mile radius of
city hall — and 34,000 who are at least 40 miles from the county court-
house, some of whom would have to travel 80 miles to attend court at
such city and at least 70 miles farther to attend superior court at the
county courthouse or at any other place where superior court sessions
have been established. This statute, in effect, called for creation of the
Indio branch court in Riverside County. This took place on November 1,
1953. (1953 Stats., Ch. 1262.)
The 1953 Legislature also passed two permissive bills containing
formulas under which the superior court and board of supervisors
in a county could set up branch sessions in small cities 30 to 60 miles
from the courthouse. (1953 Stats., Chs. 206 and 1285.) Another per-
missive section in 1957 allowed judges to hold sessions at least once
a week any place in the county not less than 45 miles from the court-
house, provided the place is within a judicial district composed wholly
of unincorporated territory with a population exceeding 40,000. The
Los Angeles Superior Court began holding sessions in Lancaster, under
this section, in 1958. (1957 Stats., Ch. 2421.)
When the Legislature back in the 1920 's and 1930 's began passing
branch court bills, phrased generally yet actually designed for special
cases, nobody apparently foresaw the problems they would cause. But
as formula was piled upon formula, the legal framework took on a
Rube Goldberg complexity, capable of producing unintended results.
The mandatory 1935 statute that was drafted to give Santa Monica a
branch court automatically created a similar court in Inglewood in
1947, in Compton and South Gate in 1949 (only 4.6 miles apart), and
in Burbank in 1950 (only four miles from the Glendale branch court.)
28 COMMITTEE REPORT ON OPERATION OF THE COURTS
The Legislature tried to stop the epidemic in 1953 by passing a law
requiring that branch courts be at least eight miles apart (1953 Stats.,
Ch. 206). In 1957 the Legislature increased the distance to 14 miles
(1957 Stats., Ch. 993) — this to block what otherwise would have been
automatic establishment of branch courts at Redondo Beach, West
Covina, Whittier, Pico Rivera and Norwalk.
As of 1959, the Los Angeles County Chief Administrative Officer re-
ported that only the Legislature's 14-mile requirement was holding
back a flood of otherwise mandatory courts in the Los Angeles area.
Were the 1957 law to be repealed, he said, 10 other cities would auto-
matically qualify and 15 more would become eligible at an average rate
of about one a year.
While Los Angeles County has been the first to face the branch
court problem, it has begun to appear in the San Francisco Bay area,^
and eventually will arise in San Diego and any other county that be-
comes a metropolitan center. In the Bay area, Richmond, about 13 miles
from the county seat, Martinez, has had a branch court since 1945.
Hayward, which is 14 miles from the Alameda County courthouse, is
eligible for a branch ; whether to establish one is now a subject of de-
bate. South San Francisco, with more than 35,000 population and 16
miles from the county seat, is eligible for a branch court in San Mateo
County. Three cities in Santa Clara County are eligible or nearly so —
Palo Alto, Sunnyvale, and Gilroy (since it is more than 30 miles from
the county seat, Gilroy will become eligible as soon as its 6,000 popula-
tion reaches 7,000). Vallejo in Solano County, soon will qualify when
it reaches the 35,000 mark (it is 15.4 miles from Fairfield, the county
seat).
In Southern California, the San Bernardino Superior Court has held
branch sittings at Ontario one da}' a week since November 1957. The
Orange County court has staged sessions in the Fullerton City Hall, 12
miles from the county seat in Santa Ana, for the past two years. San
Diego County has no branch courts as yet, but Oceanside in the north
end of the county appears to be approaching eligibility.
In addition to these counties, several areas — especially Los Angeles —
contain heavily populated sections that are now unincorporated, but if
they should organize as cities, they would at once become eligible for
branch courts under existing laws.
During its study, the committee encountered no one who felt that all
branch courts should be eliminated. It was generally agreed that the
convenience of attorneys, litigants, witnesses and jurors warrants a
branch wherever the volume of court business is large enough to keep
it busy. Objections centered on the present formulas which tend to
establish branches in the form of inefficient one- judge courts. Some of
them do not have sufficient population to keep a judge occupied full-
time. And in those areas where the volume of cases is large enough, it
is impossible for a one-judge court to handle it efficiently. The schedul-
ing difficulties of the lone judge were described by former Presiding
Judge Roy L. Herndon of Los Angeles Superior Court, (now a justice
on the District Court of Appeal) :
8 See report of executive director dated December 12, 1957, Appendix 1.
COMMITTEE REPORT ON OPERATION OP THE COURTS 29
The single-judge branch court unavoidably and inherently is
much less efficient than a multiple-judge court. * * * AH but a
very few of the jury cases set for trial in the single-judge branch
courts are personal injury cases. Experience teaches that * * * a
large percentage of such cases are settled either on the eve of the
trial date or on the courthouse steps the day of the trial. In a con-
siderable percentage of cases, last-minute continuances will be
sought on tenable grounds.
To cope with this prospect of probable settlements and possible
continuances, the branch court judge will set three or four jury
cases for trial on the same day— usually on Monday of each week
which he expects to devote to jurj^ trial work. The great majority
of personal injury cases tried before juries consume from three to
four days each. One day of each week must be set aside in the
branch court to dispose of such matters as probate, law and motion,
and hearings in domestic relations cases. For good measure, the
judge will frequently set one or more "short causes" for the pur-
pose of filling in any available time during the week.
A calendar thus set gives every appearance of being "solid"
* * * it appears to assure a full week of judicial work.
Not later than Wednesday of the week preceding, the judge
will cause a panel of at least 30 jurors to be summoned to appear
at 9.30 a.m. on Monday. * * * Regard for the convenience of the
jurors requires that they be given reasonable advance notice. * * *
On Monday morning the judge hopes and prays that the law of
averages, upon which he relied in setting his calendar, will operate
so perfectly that two of the three cases will have been settled and
that he will have one case to try. Unfortunately, on many such
Monday mornings * * * the judge will be informed that all three
cases have been settled — or that two of them have been settled
and the third must be continued because of a sudden, critical ill-
ness of a party. * * * The judge has the unpleasant task of excus-
ing his panel of 30 disgruntled jurors and of explaining to them
why they were so needlessly summoned from their jobs, their busi-
nesses and their homes. * * * It is too much to expect of the
average layman that he will understand the necessity for such an
apparently wasteful procedure. The hurtful effect upon general
public appraisal of the efficiency of our courts is self-evident.
On other Monday mornings, the judge will proceed to court to
find that all three of his jury cases are ready for trial, with all
the lawyers, the litigants and a courtroom full of witnesses present.
It is unnecessary to dwell upon the disappointments, the substan-
tial losses and the inconvenience that such a situation involves.
It was the consensus of Judge Herndon and other superior court
judges that a tAvo-judge court can calendar and dispose of three times
as many cases as a one-judge court. A larger court can make even
better use of the law of averages, as Judge Herndon told the com-
mittee in describing the workings of the Los Angeles downtown courts :
Judge Herndon: Here in Civic Center with our 35 to 40 civil
courts in operation, we set a calendar of jury and nonjury cases
30 COMMITTEE REPORT ON OPERATION OP THE COURTS
which, from experience, we have found to be sufficient * * *
to keep the court in continuous operation.
Each morning we will have on our master calendar between
40 and 50 jury cases and 10 to 15 nonjury cases, and a certain
number of domestic relations cases. We know just about how many
we can handle, and from month to month it works out very ac-
curately.
From day to day, of course, there are variations, substantial
variations, which we compensate for by trailing the cases. If we
find on a given day there are too many cases ready, we will trail
some over to the following day.
Senator Dolwig: * * * Do you have any statistics on the aver-
age period of time that a case trails? * * * Are you trailing for
a period of five or six or seven days?
A. I don't believe in this county we ever trailed cases in that
fashion. In the master calendar we never, to my knowledge, ever
trailed a case more than two days, and very rarely more than one
day. In the branch courts the practice varies somewhat, but I
think that the general practice is to trail them only for a day or
two, and if it appears the case cannot be reached, the judge will
set it for some future date and give priority so that it will be
reached on the continued date and tried.
Another complaint heard from attorneys against the one- judge court
was that the judge often had to interrupt trials for special calendars.
Since he must handle all types of matters and certain categories of
cases are scheduled ahead for specified days, the judge at times has
to ask the attorneys, clients, witnesses and jurors to Avait while he
disposes of short cause actions and special calendars. Counsel some-
times feels that this is not only annoying but prejudicial in jury cases.
Los Angeles County has one-judge branches at Burbank, Compton,
Glendale, Inglewood, South Gate and San Fernando-Lancaster. (Santa
Monica and Pomona branches have two judges, Pasadena three, and
Long Beach seven. ") Most other branch courts in the State are also
single-judge operations.
The committee found that the branch courts, whether with one judge
or more, were without exception stoutly defended by the local chamber
of commerce and officers of the local bar association. The branches,
however, did not get such high marks from the superior court judges
and from attorneys who handle a large number of trial cases. Professor
Holbrook, who investigated this matter in his 1956 report, described
to the committee his staff's opinion-polling of the bench and bar regard-
ing the branch courts:
Professor Plolbrook: "We conducted questionnaires among the
judges of both superior courts and municipal courts of the county,
as well as many attorneys. * * * A substantial majority of the
superior court judges — 52 out of 71 who answered — indicated that
they thought there were presently too many branch courts. * * *
Fiftv-two judges agreed that the single-judge court was not an
efficient court. * * * The attorneys were not so vehement in their
protests that there were too many branch courts. * * * We inter-
viewed some 205 or 210 attorneys in the county whose names were
COMMITTEE REPORT ON OPERATION OF THE COURTS 31
suggested to us either by members of the Bar or by judges of
the courts in which they practiced. We tried to select attorneys
who were engaged in a good deal of trial work. The attorneys
agreed 107 to 55 that the single-judge branch courts were not as
efficient as the multi judge court.
The volume of cases handled in Los Angeles branch courts, as might
be expected, has increased steadily over the past 20 years along with
the growing number of branches and the growing population in outly-
ing areas. From 10 percent in the late 'thirties, the branches' share of
court business has grown to about 25 percent in the late 'fifties.
The types of cases, however, differ noticeably. The branch courts
receive a high ratio of probate, default divorces, and other uncontested
matters that can be handled quickly and easily. Attorneys tend to take
their bigger and tougher cases to the Civic Center courts.
The clerk of the Los Angeles Superior Court gave the committee
the following breakdown of cases involving jury trials during 1956-57 :
Civil Criminal
trials trials Total *
Los Angeles Civic Center 1,244 526 1,815
Long Beach 66 83 150
Pasadena 28 27 58
Pomona 18 32 50
Santa Monica 23 22 45
Burbank 22 __ 22
Inglewood 22 __ 22
South Gate 19' __ 20
San Fernando 18 19
Compton 16 16
Glendale 13 __ 13
Total, 10 branches 245 164 415
Total, branches and doAvntown courts __ 1,489 690 2,230*
* Totals include a small number of probate, guardianship, insanity trials.
Thus, in a typical year, the downtown Los Angeles courts handled
about 84 percent of the civil cases and 76 percent of the criminal cases
heard before juries. The branches, in the words of Judge Herndon, "are
predominantly domestic relations courts. ' ' *
The committee was told repeatedly that the present method of estab-
lishing branch courts should be discarded as soon as possible. Superior
Judge Philip H. Kichards declared that the basic law contains "a
fallacy * * * in that it assumes a population of 35,000 will support a
session of the court. * * * To keep the judges busy it necessitates
about 200,000 population to each judge in the branch court district."
He urged that branch courts be located by districts, based upon popu-
lation, need and convenience, regardless of city boundary lines.
A report ■' adopted by the Los Angeles County Board of Supervisors
on January 27, 1959, stated :
Branch superior 'court operations should be developed accord-
ing to a master plan, in the interest of service and economy, just as
is customary with other governmental activities. Development
should be based on need and logic— not an artificial formulae, ger-
* Transcript, p. 17, December 18, 1957, hearing.
^ Appendix 2.
32 COMMITTEE REPORT ON OPERATION OF THE COURTS
rymaudered to permit purelj^ local pride to be served by the estab-
lishment of a courthouse.
The Los Angeles superior court judges chose a branch courts com-
mittee in 1957, which developed a plan for dividing the county into
branch court districts. Presiding Judge Louis H. Burke explained the
plan to the committee :^
One effect of adoption of the plan, au immediate effect, would
be to stop the creation of additional single-judge branch courts.
(But) it would not immediately eliminate any existing single- judge
branch courts. * * * For example, if the San Fernando Valley
were one of the logical areas * * * for location of a superior
multijudge court, if that area included the existing San Fernando
court and the Burbank court, it would not be conteniplated that
these courts would immediately cease operation. * * * For a long
time the Burbank court might well be devoted to hearing cases
which branch courts can most effectively hear — default divorce
eases, probate matters, adoptions, matters of that kind. However,
once the multijudge court would be located, say perhaps in Van
Nuys, then gradually the work of these other courts, particularly
the contested trials, would be heard at the multijudge court and
eventually these buildings would be taken over for other county
purposes if it was then deemed desirable to abolish those single-
judge branch courts. * * *
Assemblyman Hanna : I am wondering if you are contemplating
with this setting up of a limited number of districts, anything
which will cover this problem * * * of ''shopping" for courts.
"Would this plan contemplate certain restrictions such as the acci-
dent must happen within the jurisdiction or the contract must be
made within the jurisdiction, and so on?
A: No, I don't believe the plan contemplates any change as far
as the present jurisdictional setup is concerned. There would still
be certain options, still certain rights of litigants to move to an-
other court- — that the trial be changed from one district to another,
based upon present court rules. However, the practice of "shop-
ping" where you would have a multijudge court would not be
as apparent as it can become where you have only a single judge.
Many of the elements of the court districting plan prepared by the
branch courts committee of Los Angeles judges have been included in
Senate Bill No. 992 introduced March 16, 1959, by the committee chair-
man. This measure is designed for Los Angeles County where the
branch court problem is most acute. Later legislation can be fitted to
conditions in the San Francisco Bay area and other sections of the
State.
Senate Bill No. 992 provides, briefly, that the board of supervisors
of any county which has a population of not less than two million and
au area of not less than -1,000 square miles may divide the county
into 9, 10 or 11 superior court districts and change district boundaries
from time to time as shifts in population warrant. Each district must
have at least 300,000 population. The district boundaries and the court
8 Transcript, pp. 62-64, December 18, 1957, hearing.
COMMITTEE REPORT ON OPERATION OF THE COURTS 33
facilities must be approved by a majority of the superior court judges.
A majority of the judges also may direct that a session of the court be
held at least once a week at any designated place in a district that is
not less than 30 airline miles from the nearest regular location of
superior court sessions in that district.
FINDINGS AND RECOMMENDATIONS
The present formulas for the establishment of branch superior courts
have created too many relatively inefficient single- judge courts which
frequently are not located in the most convenient locations.
Legislation should be enacted authorizing the board of supervisors
of Los Angeles County to divide the county into 9 or 10 superior
court districts, with power to designate, with the approval of the
judges, one or more locations in each district for the holding of court
sessions (see Senate Bill No. 992).
A two-year moratorium should be enacted on the establishment of
additional branch superior courts while a legislative interim committee
conducts a survey to determine what solution will best serve the con-
venience of the public in the rest of the State.
2— L,-4544
4. UNIFYING THE MUNICIPAL COURT DISTRICTS
OF LOS ANGELES COUNTY
The mimicipal court system of Los Augeles County has beeu balkan-
ized over the years into a collection of 23 independent districts, each
shut off from the other by legal walls.
Two of the domains are large enough to be reasonably efficient ad-
ministrative units — the Los Angeles district with 42 judges, and Long
Beach district with five.^ The others are little principalities with one,
two or three judges apiece.
Each district elects its own judge or judges.- The judges choose the
clerk of court. The clerk employs his own staff. Each court drafts its
own regulations and sets its own calendars. The county board of
supervisors may set the boundaries of the judicial district, but after
that they have no control over the operations of the court. The State
Chief Justice, as chairman of the Judicial Council, may assign a
municipal judge temporarily to an overworked court elsewhere.^ But
aside from this seldom-felt and distant hand, the municipal court runs
itself with complete autonomy.
This insularity, the committee found, has led to two ijroblems : a
gross disparitj' in workloads among municipal court judges, with some
having to handle three or four times as many cases as others; and,
arising from this, exasperating delays in getting jury cases to trial
in the overloaded districts. In some courts the parties can come to trial
in only four to six weeks; in others, they wait as long as a j-ear."*
These disparities appear to be inevitable under the existing system.
The parties concerned cannot move their case to a less burdened court.
If their dispute involves less than $3,000 and the cause of action arose
within the district, they must try it there. And to strike a fair balance
among the judges' working time seems impossible as long as the autono-
mous one-, two- and three-judge courts continue. If a district has one
judge with too much work to do and it importunes the Legislature
to create another judgeship, then the district finds itself with two
judges who do not have enough to do. Yet if the State Chief Justice,
as chairman of the Judicial Council, assigns one of the judges for a
few weeks or months to another court, the former conditions of delay
reappear and local attorneys begin to register complaints.
Chief Justice Phil S. Gibson filed a written statement with the com-
mittee at its hearing on this subject in Los Angeles on May 13, 1958,
in which he posed the question and gave his answer as follows :
1 Government Code, Sec. 72G02.
=1 Constitution, Art. VI, Sec. 11.
« Constitution, Art. VI, Sec. la.
* These conditions were ascertained by direct observation of the committee staff, and
by study of the records of the Judicial Council and the weighted caseload records
of the Los Angeles County chief administrative officer. See Workload Factors in
Municipal Courts, October 15, 1956, prepared by the Chief Administrative Office
of Los Angeles County (mimeographed).
(34)
COMMITTEE REPORT ON OPERATION OP THE COURTS 35
What changes can be made in the organization and jurisdiction
of the * * * municipal courts in Los Angeles County which will
increase their efficiency and better equalize the workload of judges ?
This subject is of particular interest to me because the Constitu-
tion of California expressly makes it the duty of the Chief Justice
as Chairma,n of the Judicial Council to expedite judicial business
in all of the courts of the State and equalize the work among the
judges. In the discharge of this duty the chairman is authorized
by the Constitution to provide for the assignment of a judge to
assist a court whose calendar is congested, to act for a judge who
is disqualified or for some other reason is unable to act, and to
hold court where a vacancy in the office of judge has occurred.
The State's phenomenal growth in population has made it in-
creasingly difficult to equalize the workload of judges and keep
all calendars current. Los Angeles has presented particularly diffi-
cult problems, but, of course, a.ny changes in organization or juris-
diction of the courts here would have to be considered in relation
to their effect upon the operation of all the courts in the State.
^ ^ ^ 'jF ^
There are 23 municipal court districts in Los Angeles County,
and they are served by a total of 89 judges. The Los Angeles mu-
nicipal district has 42 judges, the Long Beach district has five
judges, there are three judges in each of five districts, two judges
in each of 11 districts, and one judge in each of five districts.
There is an excess of judicial manpower on the municipal courts
of Los Angeles County as those courts are presently organized
and operated. Not only are there more judges than necessary to
carry the total municipal court caseload in the county, but, as
these districts are presently organized, it is almost impossible to
equalize the work of municipal court judges on a county-wide
basis. It is also extremely difficult to keep the one- or two-judge
courts operating efficiently when a judge is on vacation, is absent
because of illness or for some other reason is unable to act.
It is apparent from what has been said that changes in organi-
zation and jurisdiction are necessary to increase the efficiency of
the trial courts in this county and equalize the work among the
judges. This is also true in some of the courts in other counties
in the State.
tF ^ TP w
In my opinion, many of the problems raised by your questions
can be solved insofar as Los Angeles County is concerned, by
reducing the number of municipal court districts from 23 to 7 or 8,
and by giving the superior court pretrial judge power to transfer
a ease to the municipal court when it appears likely that the case
is within the jurisdiction of that court. "With respect to the first
of this plan, the redistricting of the county could, of course, be
accomplished by action of the board of supervisors. The advantages
to be gained by reducing the number of municipal districts in
Los Angeles County is obvious. Courts served by three or more
judges can be operated much more efficiently than one- and two-
judge courts. The judicial business in each of these districts could
36 COMMITTEE REPORT ON OPERATION OF THE COURTS
be distributed by a presiding judge who conld equalize the work
among the judges serving on the several branches in the district.
The Chairman of the Judicial Council, acting upon the advice of
presiding judges, could assign judges from one district to another
when necessary. Enlarging the size of the districts would not
require the abolition or relocation of any existing courts. * * *
The Holbrook report in 1956 proposed to correct the situation by
centralizing the administration of all municipal courts in Los Angeles
County. The judge would continue to be elected in his district and
would have his resident court there, but he could be assigned, when-
ever he had idle time, to other municipal courts. The assignments would
be made by a municipal presiding judge, headquartered at Civic Cen-
ter. Much of the record keeping and other administration of the courts
also would be centralized.
Professor Holbrook appeared before the committee on May 13, 1958,
to describe his proposal in more detail :
Professor Holbrook : Judges vary in their abilities as administra-
tors. You may have an excellent judge, but administration is just
not his forte. If you have that judge all alone in a single-judge
municipal court, why, it suffers administratively, whereas if you
have eighty or ninety municipal judges to choose from, they could
pick some man who was skilled and experienced in the administra-
tive side of the court problem and be able to give it unified
handling.
Another thing * * * this matter of assigning judges between
the various municipal courts to work out extraordinary caseloads.
It is true that you can do that now through the Judicial Council,
but that is a cumbersome process. If you want to do it, say, for
half a day or a couple of hours, it is not feasible. If, on the other
hand, a judge could call in to his presiding judge and say, "Well,
I've got a jury trial on, and I've got my small claims set. Could
you send somebody over here to handle small claims for a couple
of hours," why, it would make for much greater mobility among
the judges. * * *
Another thing we thought highly desirable would be uniformity
in record keeping. "We found considerable disparity among the
courts in their methods * * * and the greater disparity you have,
the harder it is to analyze those records.* * * For example * * *
on traffic ticket master control. Here in your Los Angeles munici-
pal court, control of traffic tickets is kept from the time they are
handed to the officer until they have been completely processed.
You can look through their master control sheet and follow tickets
through to see that they have been accounted for. We found that
many outlying municipal courts did not keep any record until the
policeman brought the tickets back. This meant you could give
your traffic officer a book of tickets and he did not have to account
for the whole book. He could just turn in whatever tickets he
wanted to turn in. * * * We thought the system in the Los An-
geles court could be extended throughout if you had one uniform
administration.
COMMITTEE REPORT ON OPERATION OF THE COURTS 37
We found the same problem on what we call priors for traffic
offenses. Some municipal courts have a system that will bring to
the judge's attention immediately any prior moving traffic viola-
tions in determining proper sentence or fine. We found that some
municipal courts had that and many did not, which makes for
unfairness. * * * If a man is arrested in one district and has
two priors, why, nobody knows anything about it. If he is arrested
in Los Angeles, that will immediately be brought to the judge's
attention.
Another disparity we found among the courts was on the bail
schedule for noncustody cases. * * * The fines vary from maybe
$2 to $10 for the same identical offense. Some courts would re-
quire a court appearance of the violator, and others would not for
the same offense. We felt it was highly desirable that these be
placed on a uniform basis. * * *
Another thing that would be helpful * * * if you had one
large court would be to introduce more record keeping through
business machines such as they use in the superior court here. It
would be an expensive proposition for a one-judge municipal court.
Another highly desirable feature * * * would be a uniform
method of jury selection. We found that in some areas they ad-
vertised (sic) in newspapers for jurors, some take them out of
telephone books, and some take them from voters' lists. * * * We
felt that sort of thing encouraged the professional juror. * * *
It would be desirable to have a uniform method of selecting jurors
for all the municipal courts, and then have the jurors given uni-
form preservice instructions and education in their functions as
jurymen. That is done by the Los Angeles Municipal Court and
by the superior court, but many of the smaller municipal court
districts do not do it.
Professor Holbrook's plan elicited little enthusiasm from the munici-
pal judges themselves. The judges were asked, first: "Would you be
in favor of combining all the municipal courts of the county under a
separate but single system, with branch courts and a presiding judge,
similar to the system of the superior court ? ' ' The replies were : ^
Other
Los Angeles municipal
district courts
Yes 16 6
No 18 24
Another question was asked : ' ' Even though you would not favor
combining the municipal courts, would you be in favor of one pre-
siding judge for all the municipal courts in the county ? ' ' The replies :
Other
Los Angeles municipal
district courts
Yes 6 4
No ^ 20 22
BHolbrook Report, pp. 282-283.
38 COMMITTEE REPORT ON OPERATION OF THE COURTS
A cross section of Los Angeles area attorneys, however, voted de-
cisively in favor of some form of unification for the municipal courts.
They were asked in the Holbrook survey: "Would you be in favor of
the installation of a system comparable to that of the superior court
whereby the several municipal districts of the county would be totally
or partially combined in any of the following respects?" The response
was:
No
Yes No reply
Amalgamation of the clerks' offices 82 35 87
Uniform supplemental rules of court 121 4 79
Making the county one municipal
court district 70 47 87
In addition to the Holbrook proposal for unified administration of
the municipal courts, the committee has weighed the possibility of
tjang the boundaries of municipal court districts in Los Angeles County
to those proposed for the superior court districts '^ in Senate Bill No.
992, introduced March 16, 1959. The 23 municipal court districts in
the county thus would be reduced to 9, 10 or 11, all with approximately
the same population. It would mark the disappearance of the problem
courts with one, two or three judges.
This plan would require, of course, placing parts of the City of Los
Angeles in many of the districts in order to equalize the population.
And this, in turn, would necessitate amending the constitution " to re-
move the present prohibition against splitting a city into more than
one municipal court district.
FINDINGS AND RECOMMENDATIONS
There is an excessive number of judicial districts in Los Angeles
County: 23 municipal court and three justice court districts. It is im-
possible to equalize the workload of the 89 municipal court judges be-
cause of the manj^ small one-, two- and three- judge courts. The efficiency
of the courts would be increased and the convenience of litigants served
by having fewer and larger districts.
The Chief Administrative Office of Los Angeles County should con-
duct a survey and study with the view of reducing the number of dis-
tricts to 9 or 10, or even fewer. Consideration should be given to making
the boundaries of the judicial districts the same as those of the pro-
posed branch superior court districts. Study should be made of the
advisabilit}^ and feasibility of dividing the City of Los Angeles among
several of the new judicial districts, and of the desirability of unifying
the entire countv into one single district.
8 See Chapter 10.
■^ Constitution, Art. VI, Sec. 11.
5. THE RULE-MAKING POWER
For centuries British courts had made their own rules of procedure.
Apparently no one even suggested that Parliament should tell the
learned judges how cases had to be filed or how trials should be run.
Tliis was the system that the United States inherited from the mother
country, and the system that California had in her early da^'s of state-
hood.
But about the time of California's admission, a movement began to
discard the common law system that forced lawyers to hunt through
textbooks and reams of decisions to find out what rules of procedure
should apply to the case at hand. The judiciary, lacking any ef!^ective
machinery of administration, had failed to reorganize its paper work.
And so the task w^as assumed by the state legislatures. In the latter half
of the Nineteenth Century most states adopted legal codes for civil and
criminal proceedings.
Like any other improvement, however, this one proved transitory.
As years passed, the statutes affecting court procedure and practice
grew up into a jungle quite as thick as that of the old common-law
days ; and it kept growing at a chaotic rate. By mid-Twentieth Centurj^
the California Legislature, for instance, found itself faced at each ses-
sion with 500 to 600 bills altering legal procedures in some way. Legis-
lators had no time to study all of them. The legal profession had a
difficult time keeping track of those that were passed. And some of the
laws enacted had effects on court practice that their authors had never
intended.
The resulting situation was described to the Conference of California
Judges meeting at Monterey (October 1, 1957) by Chief Justice Gibson :
Under the code system we constantly resort to judicial construc-
tion to make statutes workable and to fit them into situations w^iich
were not clearly contemplated by their draftsmen. In the process
we often bury the rules under a mass of case law% difficult to find
and apply, and this presents a formidable obstacle to the efficient
operation of courts. The time of judges which could well be spent
with the increasingly difficult problems of substantive law is frit-
tered away on endless debates on the legislative intent in proce-
dural statutes. And often we do not even succeed in our attempted
judicial construction. Judges may simply throw up their hands at
outmoded statutory rules, asserting that they are powerless to im-
prove the situation.
A feeble attempt to remedy conditions took place in 1926 when the
Judicial Council, consisting of the state chief justice and 10 other
judges appointed by him, was created. The constitutional amendment
gave the council authority, among other things, to "adopt or amend
rules of practice and procedure for the several courts not inconsistent
with laws that are now or that may hereafter be in force. * * *" Since
the rules had to square Avith all the hundreds of statutes that had been
(39)
40 COMMITTEE REPORT ON OPERATION OF THE COURTS
passed or might be passed in the future, this authority meant little, and
the Judicial Council has prescribed few rules under it.
A dozen years later, in 1933, the movement to restore the rulemaking
power to the courts assumed tangible form as the Federal Rules of Pro-
cedure were adopted. This spurred bar associations in several states to
action. In California, the State Bar urged in 1939 and 1940 that the
Judicial Council be given full rulemaking powder. This, said Chief
Justice Gibson and others, might be moving too far too fast, and so the
Legislature in 1941 and 1943 gave the council rulemaking authority
only over appeals.^ In 1955 the council's authority was broadened a
little more as the Legislature granted the right to formulate rules for
pretrial conferences.
The State Bar Association, however, maintained its pressure to give
the Judicial Council full rulemaking power. A bar committee in June,
1955, recommended a constitutional amendment "vesting in the Judi-
cial Council exclusively complete power over practice and procedure in
all the courts of the State."- The report also urged that four more
members, named by the State Bar Board of Governors, be added to the
Judicial Council. These recommendations were embodied in Senate Con-
stitutional Amendment No. 11 introduced in 1957 and referred to the
Joint Judiciary Committee for study.^
The Conference of California Judges subsequently directed its legis-
lative committee (Judge Fred B. Wood, Chairman) to make an inde-
pendent appraisal of the plan. The committee handed in its report on
May 9, 1958, suggesting that not only four bar members be added to
the Judicial Council but also three more persons: a second municipal
judge, a State Senator chosen by the Senate, and an Assemblyman
chosen by the Assembly. This proposal for an 18-meinber Judicial
Council later was to be incorporated into Senate Constitutional Amend-
ment No. 14, introduced March 4, 1959.
It was generally agreed, then, among the judges and the legal pro-
fession, that something should be done to overhaul the confused mass
of rules that have grown up over the past hundred years under the
statutory system. And it was also agreed that an enlarged Judicial
Council was the body that should undertake this massive revision.
The job undoubtedly would take four or five years of intensive work.
And to accomplish it, the Judicial Council would have to be freed of
the constitutional fetters placed on it in 1926 — that its rules must be
"not inconsistent with laws that are now or that may hereafter be in
force. ' '
This restriction had caused no difficult}^ when the council was given
its rulemaking power over appeals and pretrial conferences. The stat-
utes relating to appeals procedure were few and easily found, and the
Legislature repealed them all, specifically, in 1945. As for pretrial, there
were no laws on the subject to worry about when the conference system j
was created in 1955.
The story is far diiferent with general trial practice and procedures.
Statutes affecting it are so numerous and so old — some date back to
1 Code of Civil Procedure, Section 961, and Penal Code, Section 1247k.
2 Report, Special Coraittee to Stupdy Procedural Reform, 30 Journal of the State Bar]
of California 353 (July- August, 1955).
* See Appendix 3.
COMMITTEE REPORT ON OPERATION OF THE COURTS 41
Civil War days — that to find and repeal them all is regarded as a prac-
tical impossibilit}'. Nobod}^ knows how many laws of this kind are stuck
away in obscure crannies, overlooked when codes were compiled.
To prevent future conflicts between these, or between laws enacted
at a later day that inadvertently affect court procedure, and rules
adopted by the Judicial Council, the State Bar is recommending that
the council be given power to promulgate rules which will supersede
statutes; thus, in cases of conflict with an obscure, old law or an inad-
vertent intrusion by a new law, it will be clear that the council rule
takes precedence.
But, the question then arises, what if the intrusion is not inadver-
tent? What if the Legislature enacts a law intentionally modifying a
rule of the council ?
Here the committee found disagreement. On one hand. Chief Justice
Gibson and other members of the Judicial Council felt that their rule-
making power should be embedded in the State Constitution. Their
viewpoint appears on page 18 of the council's Biennial Report to the
Legislature, issued January 5, 1959 :
If the Judicial Council is given complete rule-making power by
constitutional provision, its rules could be relied upon without
checking the codes and statutes. It would avoid the need during
each legislative session of watching each measure to see that it did
not contain any matter relating to court procedure. With legisla-
tive members and practicing attorneys on the Judicial Council to
assist it in maintaining liaison with the Legislature and the active
bar, constitutional rulemaking by the Judicial Council should so
reform procedural law as to promote fairness and expedition in
the administration of justice.
A number of attorneys and judges, however, objected that this would
give the Judicial Council carte blanche, removing it from any effective
restraint by the Legislature or by the legal profession expressing itself
through the Legislature. The objectors pointed out that once a constitu-
tional amendment had been adopted granting the rulemaking power to
the council, it could be withdrawn only by passing another amendment.
They feared that the difficulty of obtaining the two-thirds vote in the
Legislature plus the ratification by the people might thus mean that
the Legislature had given up the rulemaking power permanently with-
out hope of recapture.
This group declared that the path should be kept clear for the Legis-
lature to regain the rulemaking authority whenever that might seem
desirable. They also advocated giving the Legislature a veto power
over rules adopted by the council.
The legislative committee of the Conference of California Judges re-
leased a report on May 9, 1958, in which it opposed the idea of bestowing
rulemaking power on the Judicial Council by constitutional amendment
as the council preferred. The report said in part :
A constitutional amendment placing complete rulemaking power
in the Judicial Council, the same to be exercised without legislative
veto or legislative authorization, should not be sought.
42 COMMITTEE REPORT ON OPERATION OF THE COURTS
The Joiut Judiciary Committee also heard discussion as to where
jurisdiction over the rules of evidence should rest. Several members of
the bar expressed uneasiness at placing authority to change these rules
in the hands of the Judicial Council and the question was raised
whether the phrasing of the proposed 1957 amendment, S. C. A. No. 11,
would give the council this authority. The committee chairman asked
the Legislative Counsel for an opinion on whether the amendment
vvould result in the council's gaining supremacy over the Legislature
in prescribing rules of evidence. The proposed subsection 5 in Section
la empowered the council to "adopt or amend rules of practice and
procedure for the several courts. When any such rules become effective,
all laws theretofore or thereafter enacted in conflict therewith shall
have no force or effect."
In reply to the chairman on September 12, 1958, the Legislative
Counsel wrote :
The wording of the measure is clear and unambiguous as to
the supremacy of the Judicial Council's rules of practice and pro-
cedure over acts of the Legislature in conflict therewith. Where
the Constitution now grants the Judicial Council power to adopt
such rules only when they are not in conflict with laws enacted by
the Legislature, this measure would expressly provide that laws
enacted by the Legislature which would be in conflict with such
rules would have no force or effect. Therefore, we believe that there
is no doubt that a rule of practice and procedure adopted by the
Judicial Council would, under the provisions of this measure, pre-
vail over any inconsistent acts of the Legislature.
However, the measure does not define or indicate what constitutes
a rule of practice and procedure. Therefore, the precise scope of
the power vested in the Judicial Council is not apparent from the
text of the measure. Whether any particular rule would come
within the classification of a rule of practice and procedure and
therefore prevail over inconsistent acts of the Legislature would
depend upon the judicial interpretation and construction of this
provision.
It is worth noting in this connection that the proposal of the
state bar which finally became SCA 11 of the 1957 session was
based upon the report of a special state bar committee (stating)
* * * that "procedure" was intended to cover "everything me-
thodical and regulatory in the courts, from the inception of a
suit, case or action to the entry of final judgment, including appel-
late action." * * * By a footnote reference * * * the committee
report made clear its understanding that "procedure" was in-
tended to cover "matters of pleading, practice, evidence, and man-
agement." We conclude, therefore, that the sponsors intended
that the Judicial Council's authority with respect to rules of prac-
tice and procedure should include the field of evidence. General
legal principles appear to lead to the same conclusion. * * *
It would appear that the term "rules of practice and procedure"
as used in the proposed constitutional amendment is susceptible
of a judicial construction that would extend it to such matters as
the admissibility, competency and relevancj^ of evidence, presump-
tions, and the doctrine of res ipsa loquitur. * * *
COMMITTEE REPORT ON OPERxVTION OF THE COURTS 43
The committee found that the trend toward returning the rule-
making power to the courts has made considerable headway across the
Country. More than 30 states now give their courts some authority in
this field, although the degree of rule-making power varies appreciably.
A survey by the Institute of Judicial Administration in August,
1958 showed that the great majority of these states (25) granted the
rule-making pov/er by statute. In eight others, it has been granted by
constitutional provision.''
The survey listed 16 states whose courts have a relatively free hand
in making procedural rules. These are :
Source of
rule-making power
Body charged with
procedural rule-maJcing Constitution Statute
Arizona Supreme court, except that pro- Yes
bate procedure is regulated
by statute
Colorado Supreme court for all courts of — Yes
record in civil actions; legis-
lature in other areas. (Su-
preme court claims inherent
power in all cases)
Connecticut Supreme court of errors Yes
Delaware Each court has complete power Yes
to regulate its own practice
and procedure
Florida Supreme court Yes
Hawaii Supreme court
Indiana Supreme court
Michigan Supreme court
New Jersey Supreme court
New Mexico Supreme court
NorthDakota Supreme court
Utah Supreme court
Virginia Supreme court on appeals
Washington Supreme court ; court-made
rules supersede conflicting
statutory rules
West Virginia Supreme court on appeals, with Yes
advice of the Judicial Council
Wyoming Supreme court Yes
In 14 other states, the survey found, the legislature holds either a
veto or some other measure of control over the courts' rule-making
power :
Alaska Legislature may change the su- Yes
preme court's rules by a two-
thirds vote of members elected
to each house
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
* "Rule Making- Power of the Courts, 1958 Supplement, 6-U79," Institute of Judicial
Administration, August 15, 1958.
44 COMMITTEE REPORT ON OPERATION OF THE COURTS
Source of
rule-making power
Body charged ivith
procedural rule-making Constitution Statute
Georgia Supreme court makes rules gov- — Yes
erning practice in civil actions
and appeals in all cases. Court-
made rules are subject to legis-
lative approval, and legisla-
ture retains power to enact
rules
Idaho Supreme court and legislature — Yes
both have power to adopt
rules, but the court exercises
the power to a greater degree
than does the legislature
Iowa Supreme court adopts rules for — Yes
civil actions subject to legis-
lative approval. In ease of
conflict, statute prevails
Maryland Court of appeals, but its rules Yes
are subject to repeal by the
legislature
Massachusetts Individual courts make own — Yes
rules. Although these are sub-
ject to legislative modification
and repeal, the legislature in
general has not interfered
Minnesota Supreme court in civil actions — Yes
except probate. Legislature
may repeal court-made rules
but has not done so. Legisla-
ture regulates criminal and
probate procedure
Missouri Supreme court, but its rules are Yes
subject to repeal by legislature
Pennsylvania Supreme court adopts rules for — Yes
certain courts
Rhode Island Legislature generally, although — Yes
supreme court and superior
court may adopt own rules
not subject to legislative ap-
proval
South Dakota Supreme court; legislature may Yes
amend or repeal court-made
rules
Tennessee Supreme court adopts rules for Yes
circuit, superior and criminal
courts consistent with legisla-
tion
COMMITTEE REPORT ON OPERATION OF THE COURTS 45
Source of
rule-making power
Body charged with
procedural rule-making Co7istitution Statute
Texas Supreme court may adopt rules Yes
for civil actions, subject to
legislative disapproval. Legis-
lature sets rules for criminal
and probate
Wisconsin Supreme court can modify or — Yes
suspend statutory rules, but
legislature can modify court-
made rules
In addition, the survey found three states — Kentucky, Maine and
Nevada — in which the supreme court makes the rules for civil actions,
and the legislature makes those for criminal proceedings.
As for the power of courts to make rules of evidence, the institute
study gave these findings :
Connecticut : "lucluded in general provision conferring authority to regulate
practice and proceedings."
Alabama : "No express authorization, but court rules contain a substan-
Texas : tial number of evidentiary rules."
Hawaii : "Supreme court claims power to promulgate rules of evidence."
Maryland : "Empowered by statute in equity cases."
New Mexico : "Statutory rules including rules of evidence are given effect as
South Dakota : court rules only, and can therefore be amended by rules of
Wisconsin : court."
Washington : "Empowered by statute. Supreme court has promulgated numer-
ous rules."
Wyoming : "Empowered by statute."
Edwin A. Heafey, State Bar Association President, told the com-
mittee at its July 15, 1958, hearing in San Francisco that the associa-
tion, which had proposed enlarging the Judicial Council with four at-
torneys, had no objection to the Conference of California Judges' plan
to add three more members — a representative from each house of the
Legislature and a second municipal judge. He was then asked by a
committee member :
Assemblyman Allen : Mr. Heafey, this question hasn 't been
raised here so far, but I know we are all going to hear it when
we go home and talk to judges in the halls and to lawyers at
lunch — and that is that all these proposals combined are giving
too much power to somebody over our court system. Do you have
any comments on that?
Mr. Heafey : With reference to the rulemaking power * * *
of course this should be streamlined. There is no question about
it. It is a rather lopsided procedure now where we go to the Leg-
islature every two years and get one measure at a time, and noth-
ing uniformly. I think that the Judicial Council can do a much
better job, as they have done on the rules on appeal. * * * I don't
think that after it is in operation for a period of about two years
that you will find any opposition from the bar, because I think
46 com:mittee report ox operation of the courts
the Judicial Council before tliey do anything will have hearings
on these matters. The lawyers will be heard, the judges will be
heard, and I think it will be a very popular procedure after it
has been in operation for about two years.
Other committee members wanted to know about the Judicial Coun-
cil's present policy in obtaining comments from attorneys and judges
before making rules affecting appeals and pretrial procedures. The
council chairman replied :
Chief Justice Gibson : We present the matter to the bar through
the state bar Journal. * * * Every judge in the State, every law-
yer has an opportunity to comment upon any rule proposed by the
Judicial Council. We have them published also in all the legal pa-
pers in the State, so that every lawyer, every judge in the State
has an opportunity to be heard. * * * The most discouraging
thing is that we have very few comments from lawyers or judges
with respect to what we are doing. * * *
Assemblyman Biddick : Does the state bar actually make recom-
mendations through state bar committees * * *?
Chief Justice Gibson : The state bar committees always have co-
operated with the Judicial Council in drafting rules. * * *
Assembh-man Biddick : Does the Conference of Judges normalh'
consider such changes?
Chief Justice Gibson : It is onl}^ recently that the Conference of
California Judges has become active in matters of this kind, only
within the last few years. * * *
Assemblyman Biddick: It seems to me that if there were some
more formal procedure in the way of a hearing at which time com-
ment of the various interested parties were invited, that you might
get more reaction than you do by publishing a legal notice, be-
cause such notice, it seems to me, gets a notoriously poor reaction.
You might bring out some comment that you wouldn't otherwise
get, just by going through the procedure of having a formal hear-
ing. * * *
Chief Justice Gibson: We have held formal meetings upon no-
tice when matters of policy were involved. However, if only word
changes to make a rule more clear were involved, we have given
notice only by publication of the proposed rule. As to those mat-
ters I doubt if formal meetings are necessary, but it would be an
easy thing to arrange.
Assemblyman Biddick: I was thinking * * * that it might en-
courage acceptance of the program by the bar more readily if
they realized that there was going to be an opportunity to be
heard on the rulemaking power.
The committee, after weighing the evidence heard at its public hear-
ings and gathered from other sources, concluded that an enlarged, 18-
member Judicial Council should be given authority to make rules for
practice and procedure in civil actions in all trial courts in the State.
The committee felt, however, that the Legislature should retain the
right to disapprove or amend rules prepared by the Judicial Council,
or to recapture the rulemaking power, if at some future time it should
COMMITTEE REPORT ON OPERATION OF THE COURTS 47
deem that advisable. It was also concluded that power over rules of
evidence should remain with the Legislature.
The committee, on the other hand, recognized that the Judicial Coun-
cil must be given authority to issue rules inconsistent with old laws
that conflict with the rules, or with future laws that unintentionally
conflict with the rules. In other words, if the Legislature in the future
wishes to override a rule of the Judicial Council, it should be specifi-
cally stated in the legislation that such is its purpose.
These ideas are contained in Senate Constitutional Amendment No.
14, introduced by the chairman and other members of the committee,
as co-authors, on March 4, 1959, and in a companion piece of legisla-
tion, Senate Bill No. 849, introduced on March 2d.^
FINDINGS AND RECOMMENDATIONS
]\Iany leaders of the bench and bar believe that the responsibility of
prescribing rules of pleading, practice and procedure for all the courts
should be vested in an enlarged Judicial Council. The trend over the
Nation is in this direction. More than 30 states have placed (or kept)
the rule-making power in their supreme court or judicial council.
If the power to promulgate rules of practice and procedure is given
to the Judicial Council, it should be granted by statute, not by constitu-
tional amendment. Kules so promulgated should supersede statutes on
the subject other than statutes which expressly provide that they shall
be controlling over any such rule.
The initial proposed rules on any subject should be filed with the
Legislature at the beginning of a session and should not become effec-
tive until 91 days after adjournment so that the Legislature will have
an opportunity to review the proposed rules and to prevent them from
becoming effective if they are not generally acceptable.
If the council is granted full rule-making power, its membership, now
consisting entirely of justices and judges, should be augmented by
adding four lawyers appointed by the State Bar and two members of
the Legislature appointed by their respective houses.
5 See Appendix 4.
6. TRYING THE ISSUE OF LIABILITY FIRST
The committee investigated, as another possible method of relieving
civil court congestion, the proposal to try the issues in tort cases sepa-
rately. The idea is aimed especially at bodily injury actions tried before
juries. It is suggested that the judge in such cases could, at his discre-
tion, order the issue of liability tried tirst before taking up the matter
of damages.
Under the present system, of course, bodily injury cases are heard
in toto, with all evidence on all issues being presented before the jury
renders its verdict. The jury listens to several witnesses, sometimes a
long parade of them, as the issue of liability is threshed out. Law of-
ficers, engineers, eye witnesses and others take the stand. Photographs,
maps, diagrams and models are shown. Another group of witnesses,
usually doctors, testify on the issue of damages, often bringing with
them hospital records, X-ray films and models of the human anatomy.
In many cases this medical testimony consumes most of the trial, which
may last anywhere from three to four days to a couple of weeks.
These days of medical testimony could be saved — the testimony never
would be given — in numerous trials if the issue of liability were dis-
posed of first. The saving would take place in two types of cases :
those in which the jury finds the defendant free of liability. This
is now the outcome in one-third to one-half of all trials. Of the
5,434 cases tried in Los Angeles County in 1954 through 1957,
some 38 percent ended in the defendant's favor
those in which the jury finds the defendant liable and he then
settles out of court without going through the second portion of
the trial on damages.
The saving in time is the important factor from the standpoint of
the courts and the taxpayers. For the litigants, there is another poten-
tial saving : the considerable expense of the expert medical witnesses.
The idea of trying the issue of liability first is not novel. To some
extent it has been practiced in Texas, Wisconsin, West Virginia and a
few other states. It also has been employed by certain judges in Cali-
fornia, acting under the assumption that they now have the authority
to do so. A committee of the Conference of California Judges issued a
report ^ on this point in September, 1957. The report says, in part
(pages 2 and 8) :
In 1939, Section 597 was added to the Code of Civil Procedure,
which provides for the receipt of a jury verdict where certain spe-
cial defenses are raised by the answer. However, other than Sec-
tion 597 * * * there seems to be no direct statutory authority for
the suggested mode of trial. The only forms of verdict specifically
provided for bj" our statutes are the general verdict, and the special
verdict, together with the provision for the submission to the jury
of the interrogatories for the purpose of testing the general verdict.
I See Appendix 5.
(48)
COMMITTEE REPORT ON OPERATION OF THE COURTS 49
Nevertheless, some judges believe that courts are presently pos-
sessed of the power and authority to require that the issues of
liability and damages be tried separately in those eases where the
trial judge believes it to be appropriate. Sections 187 and 2042 of
the Code of Civil Procedure lend some support to this view, but
there appears to be no direct decision of an appellate court on the
subject one way or another. * * *
The suggested method of trial is being used by some judges in
some counties, particularly in San Diego, Orange and Santa Clara
Counties. In some cases this has been done by stipulation of coun-
sel, and in other eases the procedure has been required by the court.
The total number of cases tried by this method thus far is not
great, and the experience is too limited to be of decisive import,
but among the judges who have used it, it is agreed that the ex-
perience is satisfactory and that it does hold the possibility of
speeding the disposition of these cases, thus saving court time and
lessening expense to litigants.
One of the judges who has been using the separation device and
trying the issue of liability first is Superior Judge John Shea of Orange
County. He told the committee at its San Diego hearing (October 9,
1958):
This first came to our attention at the Conference of Judges two
years ago in 1956. Shortly thereafter three of us judges in Orange
County started using this. "We feel that the court has the inherent
power to separate the issues under the general authority to con-
trol the proceedino'S. I have acted on that assumption, and since
that time I have tried 17 cases by this method, out of approximately
50 cases that I have tried. * * *
Out of the 17 cases, nine of them have resulted in plaintiffs'
verdicts. Of these nine, only two went to trial on the further issue
of damages. The other seven settled out of court after the issue of
liability had been determined. The remaining eight, of course, were
defense verdicts and there was no further action.
I estimate the trial time that has been saved at approximately
20 trial days, so it has been substantial. * * *
I feel legislation is necessary in this field to overcome the reluc-
tance of trial judges throughout the State, not all of whom concur
in our opinion that we have this inherent power to do it. * * *
Senator Regan : In your experience, has there been any type of
case in which there was a loss of trial time rather than a gain, by
reason of separation?
Judge Shea: You do have this factor. * * * You submit the
question of liability to the jury. They go out and deliberate. When
they return, you then proceed on the issue of damages with the
same jury. Now, you do have a loss of time in that deliberating
period, because you do have two deliberations of the jury. * * *
That is, we'll say, a half day that you are losing there * * * (but)
those eases are so few.
No witnesses appeared in open opposition to the plan of trying the
liability issue first. Certain witnesses pointed out, however, that two
general criticisms have been heard. One is that, from the viewpoint of
50 COMMITTEE REPORT ON OPERATION OF THE COURTS
the plaintiff lawyer, the separation may cost him a certain degree of
sympathy if the plaintiff has no chance to describe the injuries he has
suffered — sympathy that might influence the jury to give him a better
break on the issue of liability. As for the defendant's counsel, the
separation might deprive him of an opportunity to impeach the com-
plaining witness; that is, if the issues were tried together, he might
have a chance to expose the plaintiff as exaggerating his injuries, with
the result that this might suggest to the jury that the plaintiff is also
distorting the facts as to how the accident occurred.
No witness saw these arguments as containing much legal validity.
It was generally agreed, however, that judges must exercise care in
deciding when the issues should be separated.
The Conference of California Judges report had this to sa}^ :
If the case is one where the liability is almost certain and the
main controversy is in the issue of damages, or if it is a case where
the damages are not seriously in dispute and the evidence on
damages will not take much time, a separation of the issues will
not expedite the trial and the case should proceed in the conven-
tional manner.
But in those cases where the liability is strenuously disputed and
the evidence on damages is considerable, the issues should be
separated. * * * The classic case is one in which both a complaint
and a cross complaint have been filed and both sides have sustained
damage. In these cases, many times neither side will recover, and
at best only one can recover ; thus, it is apparent that the evidence
pertaining to damages, at least on one side, is bound to be unneces-
sary and timewasting.
Judge Kincaid of Los Angeles gave the committee specific examples
of how the separation technique might be used :
Judge Kincaid : This type of thing would not be ordinarily
ordered in a jury trial excepting where the issue of liability is not
only hotly contested but would be of considerable length * * *
then to be followed by lengthy damage testimony. In a rear-ender
case, for instance, on a freeway, the question of liability ordinarily
is not too great. The defendant always throws in the matter of
quick stopping and failure to give a signal and so forth * * *
the matter of liability does not take to long to try ordinarily, and
the damage item is more lengthy. Well, it wouldn't be ordered in
that type of case.
But take a case where there may be several automobiles, three
or four, involved perhaps in an intersection accident. The matter
of liability is a tremendous question, and a number of lawyers
are involved. You know it is going to take a long time to try.
* * * In that type of case, this would be very beneficial * * *
in saving the litigants the necessitj'' of bringing in expensive
medical testimony for each of them. You know how much that
amounts to, how it has increased in recent years; you can't get
a medical expert into court for less than $150, sometimes $200 for
a half-hour appearance. * * * Now, if that can be avoided by
first determining the issue of liability, you have gone a long way
COMMITTEE REPORT ON OPERATION OF THE COURTS 51
toward saving your client a lot of money. One of the great public
objections to automobile litigation is the mounting expense of it.
The superior court judges in Los Angeles County, in a referendum
circulated by the presiding judge, voted 54 to 5 in favor of legislation
permitting the trial judge, at his discretion, to order separate trial
of the issues of liability and damages. The poll was taken in March,
1958.
The Judicial Council in its 1959 Report to the Governor and Legisla-
ture endorsed the proposal and recommended a brief bill giving trial
judges broad discretion to separate the issues in civil actions. The
council's wording has been incorporated in Senate Bill No. 848 intro-
duced by several members of the Joint Judiciary Committee on March 2,
1959. It reads :
"Section 1. Section 598 is added to the Code of Civil Pro-
cedure, to read:
"598. The court, in its discretion, may order one or more issues
to be separatelj^ tried prior to any trial of the other issues of the
case."
This bill has the active support of the Board of Governors of the
State Bar.
FINDINGS AND RECOMMENDATIONS
In most types of cases, several issues are involved, one of which is
basic to the plaintiff's right of recovery. For example, in a personal
injury, negligence action, the defendant's liability is a fundamental
issue. If the defendant's liability is very much in doubt, and if the
testimony concerning the extent of the plaintiff's injuries will consume
several days' time, it might very well result in a saving of time on the
average to decide the issue of liability first. If it is determined there
is no liability, the testimony of the medical witnesses will be avoided.
And in those cases where liability is found, the parties may very well
settle the question of damages without further trial.
Judges should be given discretion to separate the issues of a case
for trial when it appears to them that court time may be saved and
no harm will be done either party.
7. COURT-APPOINTED MEDICAL EXPERTS
A stock situation in personal injury suits has come to be a confused
judge and jury sitting in baffled silence while opposing doctors for
hours, perhaps days, solemnly contradict each other with X-ray films,
charts and medical jargon.
In an attempt to remedy this, trial courts in Xew York City launched
an experiment some seven years ago, using eminent specialists as court-
appointed medical experts. They were paid by the court, not by either
side, and their findings were to be strictly impartial.
A movement to adopt a similar system in California has been under
way in recent years, centering in Los Angeles Countj'. The Joint
Judiciary Committee gathered information and held hearings on the
proposal in San Diego on October 9 and 10, 1958.
The New York experiment began as a two-year project in late 1952,
financed by grants from the Alfred P. Sloan Foundation and the Ford
Motor Company Fund, to the New York City Bar Association. In a
subsequent report, the bar association committee explained the purpose
of the experiment in this way :
The conditions prompting the project were the uncertainty, con-
fusion and waste of time resulting from the presentation of widely
conflicting medical opinion evidence by partisan doctors retained
by the respective parties. Such evidence, which occupies a large
part of the trial time in any personal injury action and which
is necessarily of major importance in pretrial settlements, is too
often colored, and calculated to persuade a court or jury to a
partisan point of view, rather than to present an objective medi-
cal anah'sis and appraisal. Instead of being aided by such expert
testimony, the triers of the facts are confounded and confused,
and left without reliable guidance in choosing between diametric-
allj^ opposed medical opinions. * * *
If all doctors who testified were equally competent and if all
spoke impartially with no thought of the effect of their words on
the outcome of the litigation, no great harm would be done. Any
disagreement between the doctors could be attributed to the fact
that they were testifying on a problem to which medical knowl-
edge did not provide a clear-cut decision. * * *
But not all doctors who testify are equally competent. * * *
Nor are all doctors equally impartial. Some are above suspicion.
A few are corrupt. In between are a number who become infected
with bias when called as witnesses in the conventional way. Cast
in the roles of partisans, subjected to hostile cross-examination,
and paid by one side, they tend to color their testimony. Their
opinions may be expressed a little more strongly than the facts
or the state of medical knowledge warrant; and needed reserva-
tions may be omitted when convenient. * * *
This places upon judge and jury the burden of deciding which
doctors are worthj* of belief. Knowing little or nothing about medi-
(52)
COMMITTEE REPORT ON OPERATION OF THE COURTS 53
cine themselves, they are ill-equipped to measure medical skill
and knowledge. * * * The decision to believe one doctor over
another is likely to be predicated upon nothing more substantial
than courtroom manner, personality or forensic ability. An igno-
rant or corrupt doctor may be more impressive on the witness
stand than a learned and upright doctor. Sitting in the witness
stand, with his motivations and interests concealed from judge
and jury, he may be more dangerous and effective as an advocate
than the one who sits openly at the counsel table.
This spectacle has so distressed many good doctors that they have
refused to have anything to do with litigation. * * * Their with-
drawal, unfortunately, has only smoothed the way for less able
and upright members of the profession, and thus has compounded
the evil.
Discrepancies in medical claims are not only disturbing to doc-
tors and lawyers, but they also confuse and disgust laymen who
are touched by the court processes. When they see minor injuries
inflated into large recoveries, and substantial injuries treated as if
trivial, they tend to lose respect for lawyers, doctors and judges.
They see in too many accident cases that a trial is not a sober,
logical search for the truth, but something that has deteriorated
into an expensive, and sometimes cruel, game of chance. All this
contributes slowly but surely to undermining public faith in the in-
tegrity of the courts,^
Working with local medical societies, the project committee helped
organize 15 panels of specialists in different fields of medicine. They
vary in size from 10 in neurosurgery and 15 in orthopedics to a single
doctor in malignancy and trauma. The names of the panel members
were deposited with a deputy court clerk, who was to keep them under
secrecy and to call the names in rotation as the courts requested a spe-
cialist from a certain field.
Each doctor was told to set his own fee at whatever he ordinarily
would charge a patient in moderate circumstances. The bills sent to
the court ranged from a low of $25 to a high of $200 for examining
the injury victim. Usually the examination invoWed only a single visit
to the doctor's office, although some ran into more work. The average
fee per visit was $55. The project committee reported that it felt "the
fees in general have been reasonable, and the best method of dealing
with excessive charges in isolated cases is to dispense with future serv-
ices of the doctor making them."
If the doctor were asked to appear in court, he also set his own fee,
and these averaged about $135 per appearance. The committee said this
compared favorably with the fees assessed by the doctors hired by the
parties.
Presiding Judge David Peck of the New York county supreme court
(comparable to a superior court in California) reported in June, 1958,
that in its first five years of operation, some 575 cases had been handled
under the medical referral system. Judge Peck credited the panel pro-
cedure with settling more than half these cases (330) in the pretrial
1 "Impartial Medical Testimony, a Report by a Special Committee of the Association of
the Bar of the City of New York." Macmillan Company, New York, 1956, pp.
3, 7, 8.
54 COMMITTEE REPORT ON OPERATION OF THE COURTS
stage, with another 62 settled during trial. Allowing for those pend-
ing that probably would be settled, Judge Peck estimated that a total
of 75 percent of the referred cases would end in negotiated agree-
ment.- The referred cases, it was pointed out, were not run-of-the-mine
injury suits but ''hard core" cases in which the parties seemed irrecon-
cilably opposed.
The findings of the court-appointed doctors in New York City varied
widely from case to case. In some, they demolished the plaintiff's causa
completely; in others, they not only upheld the plaintiff's claim but
discovered other injuries his own physician had overlooked. Frequent
errors in X-rays were discovered. One plaintiff's doctor, for instance,
claimed his patient had a fractured skull. The expert found the alleged
''fracture" was only the normal suture lines of the skull. The $6,000
claim was promptly settled for $500.^
The consensus of the New York City bar and judges reportedly was
that the medical panel system had proved satisfactory. After the foun-
dation grants expired in 1954, the cost was assumed as a part of the
regular court budget.
The House of Delegates of the American Bar Association at its 1957
meeting adopted a resolution urging further use of the plan in major
cities. The resolution read, in part :
Resolved, That the American Bar Association adopt a national
program, to be implemented at the local level, of fostering the crea-
tion and employment of panels of impartial medical experts, under
court aegis, in the pretrial consideration and trial of personal in-
jury cases, especially in those communities where there is a volume
of personal injury litigation in the courts and where there is a
sufficient number of qualified doctors available to constitute a
panel ;
That the panel be selected by professional bodies on the basis of
professional qualifications ;
That the panel be employed at the pretrial and trial stage of
such cases. * * *
A committee of Los Angeles superior court judges drew up a tenta-
tive plan for adopting the medical panel plan in Los Angeles. Judge
Emil Gumpert explained the proposal to the committee :
Judge Gumpert : The pretrial judge inquires, of course, as to
what the issues are * * * and if it should develop that a sub-
stantial controversy involves the nature and extent of the injuries
* * * the judge then may ask for a copy of the medical reports
of each side. These, with the names of the reporting doctors deleted,
are sent to the medical officer next on that particular rotating
panel. The judge does not know, the attorneys do not knoAv, who
the next doctor on the panel is.
The medical officer is advised that he should select a man in a
certain field, a certain specialty, and he arranges for the litigant
to go there and have an examination. When the examination is
completed, an original copy for the court and copies for each
2 21 Federal Decisions, pagre 24, quoted to the committee by Superior Judse Emil
Gumpert of Los Angeles at San Diego, October 9, 1958.
3 "Impartial Medical Testimony," op. cit. p. 53.
COMMITTEE REPORT ON OPERATION OF THE COURTS 55
counsel are returned to the court. They are distributed to counsel,
and a further pretrial hearing is held. * * *
The expert is subject to call, of course, by either party or by the
court. * * * Our view is that the threat of the use of the medical
panel in those cases where either the plaintitf is exaggerating or
the defendant is underestimating the extent of the injuries will
have a beneficial effect, perhaps to such an extent that there will
be few references.
Judge Gumpert admitted the judges' plan had met opposition from
some attorneys in Los Angeles. He said they argued that if a court-
appointed exi')ert were called as such, he might be regarded as having
"a certain omniscience, a certain aura of sanctity." Judge Gumpert
said that to offset this possible effect, the judges' tentative plan sug-
gested that the witness should not be identified in court as a court-
appointed expert if he is called to testify by either party.
The committee received an objection to the medical panel proposal
from Lionel E. Campbell, president of the Los Angeles chapter of the
National Association of Claimants and Compensation Attorneys. He
quoted from an address delivered at the NACCA 1958 convention by
Justice Walter R. Hart of the New York state supreme court. Among
the excerpts were :
There is no such thing as an impartial witness, much less an
impartial expert. It might be true that the so-called impartial
medical witness has no material interest in the verdict and that
he is under no obligation to either party. * * * (But) it is an
acknowledged fact that there are various schools of thought with
respect to the relationship between trauma and various types of
ailments and diseases. If the impartial doctor belongs to that school
which believes, for instance, that trauma cannot be a competent
producing cause of cancer, then to that extent he is partial to the
defendant; or if he believes that a coronary infarction can be
caused by trauma, then he is partial to the plantiff. * * *
A large number of impartial doctors believe every neurosis is a
litigation neurosis. * * * 4
Among the early advocates of the medical panel plan for Los Angeles
was Professor Holbrook. In his 1956 report his recommendations in-
cluded (page 393) : "For a period of at least one year, the superior
court should experiment with the use of impartial expert medical
testimony as a regular program in personal injury eases, and the re-
sults thereof should be carefully studied and evaluated.
The Board of Governors of the California Bar Association endorsed
the plan for Los Angeles superior courts on February 21, 1959.
FINDINGS AND RECOMMENDATIONS
The impartial medical expert panel has been used with a fair degree
of success in a few cities — notably New York and Baltimore. It should
be worth trying in the larger counties in California, but probably
could not be set up in the smaller counties having only a few doctors.
* San Diego Transcript, pp. 125-6.
56 COMMITTEE REPORT ON OPERATION OF THE COURTS
The cost would have to be borne by the counties, and for that reason
the plan should not be undertaken in a county without the approval
of the board of supervisors. „ ,.
Legislation should be enacted permitting the establishment of medi-
cal expert panels in a county if approved by the majority of the judges
and the board of supervisors.
8. TRANSFERRING SMALL CASES FROM SUPERIOR
TO MUNICIPAL COURT
The committee studied the "New Jersey plan" as another possible
way to unplug the bottleneck of superior court congestion. Under this
system, the superior court judge, when a case (a bodily injury suit, for
example) is in the pretrial stage, may decide that the injury and losses
suffered are small enough so that any judgment awarded the plaintiff
in all probability will be less than $3,000, the upper limit for municipal
court jurisdiction. At his discretion, then, he may transfer the case
for trial to the municipal court in the district where the cause of action
took place. There is nothing, however, to prevent the municipal court
from awarding damages in these instances above $3,000 if this is justi-
fied.
When New Jersey adopted the plan in 1955, the State Supreme
Court instructed that the first order of business at the pretrial con-
ference should be to consider whether the case is transferable, and that
the pretrial judge should transfer every case "where it appears with
reasonable probability that the ultimate recovery will be within the
jurisdictional limits of the district (municipal) court." The pretrial
judge was not to weigh the question of liability but to act as if liability
were admitted. The Supreme Court also recommended that the lower
court judge, in instructing the jury, tell them to ignore the fact that
the case had been transferred.
New Jersey's state administrative director of courts, Edward B.
McConnell, informed the committee that in only 7 percent of the cases
transferred to a lower court have judgments exceeded the $3,000 figure.
He wrote in a letter to the committee on June 6, 1958 :
In my opinion the transfer legislation in New Jersey has worked
well, and to some degree has encouraged the commencement of
lesser cases in the lower court. In the first full year of operation
after the legislation, the number of cases added to the upper court
calendars decreased by 5 percent. In these days of almost constant
increase in litigation, this seems to me to be significant.
The Holbrook report of 1956 recommended that California adopt the
New Jersey plan, at least for Los Angeles County. The report added :
It was the opinion of many judges in this (Los Angeles) county
that personal injury suits were frequently filed in the superior
court which should have been filed in the municipal courts. In
Los Angeles County in personal injury cases in 1954, 43 percent
of the jury verdicts and 44 percent of the nonjury judgments in
the superior court were for amounts below the jurisdiction of that
court. Assuming an average 3h day trial time for jury trial and
li day trial time for nonjury trials, these cases consumed the full
time of six judges.
(57)
58 COMMITTEE REPORT ON OPERATION OF THE COURTS
Superior Judge Philip H. Richards of Los Angeles, who has made
extensive study of the New Jersey plan, endorsed it as he appeared at
the committee hearing in San Diego on October 9, 1958. During his
testimony he said :
Judge Richards : About 85 percent of all the personal injury or
damage to the person eases filed are settled or dismissed, or die on
the vine. * * * It is the other 15 percent which brings about the
great case load we have. * * * That is the hard core of litigation
which is consuming a vast proportion of our time in the superior
courts * * * somewhere between 50 and 60 percent of the entire
time of our trial departments. * * *
The vast majority of these cases are filed in the superior court.
* * * We all know that unless some type of restraining influences
are applied, attorneys and litigants are going to seek the court of
unlimited jurisdiction by the simple process of using a different
figure on the typevv'riter or adding another cipher. * * * Why
this is done — each of you is a practicing lawyer and you can say
for yourself. Apparently it is done with the idea of either magni-
fying or dignifying the damages. * * *
Nobody asks for less than $10,000. Everybody asks for $10,000
and up. The mere increase of the monetary jurisdiction of the
municipal court, although I am in favor of it generally, the mere
increase in that would not solve this particular problem. * * *
Assemblyman Allen : In practical operation, then, so far as per-
sonal injury cases are concerned, we have a one-court system. They
are all filed in the superior court. And the only cases that are filed
in the municipal court are the fender bumpers, property damage
cases, garage bill cases. * * *
Judge Richards : That is true, sir.
Judge Richards indicated that m.agnified demands for damages tend
to be discounted around 90 percent by the courts. The actual awards
average approximately $1 for every $10 asked. In a similar vein, Hol-
brook reported that among the 25 lowest personal injury awards in
1954, the average verdict was for $340; the average demand in these
cases had been for $30,426.
To help estimate the number of cases that might be transferred to
municipal court under the New Jersey plan, the Los Angeles County
Clerk, Harold J. Ostly, compiled results of all suits for personal injury
and wrongful death tried in the county during four years, 1954
through 1957. He found that plaintiffs won judgments in 62 percent
of the cases, and obtained the following amounts :
Judgment Los Angeles Judgment Lou Angeles
for County for Counti/
plaintiff 195^-57 plaintiff 195.',-57
$1 to $1,000 15% $5,001 to $10,000 20%
$1,001 to $2,000 15Wo $10,001 to $15,000 6%
$2,001 to $3,000 12% Over $15,000 12i%
Total under $3,000 43% Total over $3,000 57%
$3,001 to $5,000 18^%
In addition to the 3,353 cases above in which plaintiffs won judg-
ments, there were another 2,081 trials in which the court ruled for the
COMMITTEE REPORT ON OPERATION OF THE COURTS 59
defendants. Judge Kicliards told the eommilteo he assumed that these
might be transferred to munieipal courts by the pretrial judge in about
the same ratio as the cases that resulted in verdicts for the plaintiffs.
The judge said that while some 43 percent of the awards finally
turned out to be less than $3,000, he did not believe that the proportion
of cases transferred would run this liigh. He estimated that if the New
Jersey plan were placed in effect, pretrial judges probably would move
about 30 percent of the personal injury cases into municipal courts.
One advantage cited for transferring cases to municipal court was
that trials progress faster there. Los Angeles Superior Judge Clarence
W. Kincaid testified on this point :
Judge Kincaid : When I was a municipal judge I observed, and I
think most lawyers will boar it out, that a municipal court jury
trial goes much more rapidly than a superior court jury trial. In
the first place, the parties do not place the same emphasis on it.
They don 't drag out the examinations as long. They don 't bring in
as much medical testimony. The voir dire examination of jurors is
not so extensive. They try a municipal case more rapidly than can
be done in the superior court, and they can expedite their litiga-
tion there a good deal more than we are able to do so far in the
superior court.
Senator Regan : In your opinion, what is the reason for that ?
Judge Kincaid : I think the reason is that the insurance com-
panies, for one thing, and the plaintiff's counsel, on the other hand,
do not place so much emphasis on that type of case. They don't
put so much time into the preparation of the trial. It goes much
more rapidly than one that they think they have to put a lot of
window dressing on in order to blow up the facts.
Joseph A. Ball of Long Beach, noted trial attorney and former presi-
dent of the California Bar Association, corroborated Judge Kincaid 's
views. He told the committee :
Mr. Ball: When we try the case in municipal court we don't
take as much time, and I say that from personal experience. AVe
send young men over from our office to the municipal court, and
they will try a jury case in a couple of clays. It is hard to get
through a superior court trial in a personal injury case in less
than three or four days, just because we all give more attention
to the job. The gamble is bigger. We are more frightened. The
cross-examination is more lengthy.
Judge Richards, while testifying, came in for a bit of sharp ques-
tioning from some committee members. They concentrated on two
points : whether the New Jersey plan was necessary, and whether the
fact that a case had been transferred might not influence the municipal
court jury against giving the plaintiff a substantial award. One of the
questioners was Senator Grunsky:
Senator Grunsky: I think we start with the basic premise that
the superior and municipal courts, the judges thereof, are of equal
qualifications. * * * The cost to the taxpayers, except for a minor
salary difference — the construction, capital investment and so forth
is all the same. I can't see where there is any saving to the tax-
60 COMMITTEE REPORT ON OPERATION OF THE COURTS
payer by transferring a case from the superior to the municipal
court. You are not getting any different ability in the judiciary.
They are all qualified attorneys. * * *
There is also the effect that when it is transferred to the mu-
nicipal court — the average juror gets pretty ringwise after one
trial or after being around a courtroom, and it might prejudice
the plaintiff' 's case to some extent because a judge in a pretrial
conference happens to depreciate the plaintiff's claim. * * *
I'm wondering if * * * you need any legislation whatsoever.
* * * All that has to be done, with the co-operation of the Judicial
Council and the Chief Justice, is to assign a municipal judge to
superior court pro tern. * * * If you have available manpower
in the municipal court, make use of it in that manner and help
clear up your calendar. * * *
Judge Richards : The cases have got to be tried, I concede that,
but the philosophy as I understand it here is that * * * of one
court being congested and other courts less so, and of attempting
to equalize to some extent and thereby to relieve some of the con-
gestion of the superior court.
Senator Grunsky ; * * * if you need more superior court
judges, fine, then they come before the Legislature and get them,
but I can't see any point in relegating cases to the municipal court
under this complicated system. * * *
Assemblyman Masterson : I agree with Senator Grunsky that
it may be prejudicial to the plaintiff to have his case prejudged by
a superior court judge * * * and I wonder if this couldn't be
worked out by simply giving the superior court judge the right to
transfer a case for trial to the municipal court to equalize the load,
without there being any evaluation of the case bj' the court. * * ^
If you are going to permit the jurors to come in with larger ver-
dicts, why should the court make the evaluation? Let it just be
transferred, if this will equalize the burden. * * *
Judge Richards: But there are calendar problems involved
there. * * * That is the only objection I would see to that.
Assemblyman Masterson : Isn 't it the same if you assign a third
of the cases, which you say is an objective under this plan? Isn't
it the same calendar problem Avhether you make an evaluation of
whether the case is going to bring $3,000 before a jury or less than
$3,000?
Judge Richards : Timing a calendar — if you wait for it to come
up for trial in the superior court, and say, "We are crowded today,
we want to get this over in the municipal court — " and they have
set their calendar way ahead, too.
Assemblyman Masterson : It could be done.
Senator Grunsky: * * * At the present time the law allows
for assignments * * * the municipal court judge can be assigned
to sit pro tem, and it can be a continuing, running thing. It doesn't
have to come from the Chief Justice on every case, as I understand
it. The superior judge in a one-judge county or the presiding judge
in the others can then have the authority, at their discretion, to
assign without any red tape or any further difficulty with the
Judicial Council. Am I in error on that?
COMMITTEE REPORT ON OPERATION OF THE COURTS 61
Judge Richards : No, the chairman can make an annual assign-
ment, although the man doesn't sit there every day.
Senator Grunsky: We don't need any change in the law for
somebody to get moving on this next week, if they are really serious
about it.
Judge Richards : Except that there be the necessary co-opera-
tion between the two courts.
Senator Grunsky: We can't legislate * * * co-operation of the
judiciary.
Municipal Judge Barker of Los Angeles had this comment on Assem-
blyman Masterson's suggestion that perhaps a certain proportion of
cases should be transferred to municipal court without regard to
whether the pretrial judge thought the final verdict would or would
not exceed $3,000 :
Judge Barker: My answer is that it doesn't make any difference
why the case is transferred from the superior court to the mu-
nicipal court. The effect is exactly the same. A jury in a municipal
court is cognizant of the fact that it is sitting in an inferior court.
If you took the two identical sets of cases, try one of them in the
municipal court, and try that identical set of facts in superior
court, as though you were playing duplicate bridge, I think — and
this is purely a personal opinion on my part — it would establish
that the jury in the superior court would return a larger verdict.
* * * If I were a plaintiff I would much rather have my case
tried in a superior court than have my case transferred to a jury
sitting in a municipal court.
The committee heard a somewhat similar view from Lionel E. Camp-
bell, President of the Los Angeles Chapter of the National Association
of Claimants and Compensation Attorneys. Speaking as an individual,
Mr. Campbell said he did not see "any standard that could be devised
whereby a pretrial judge can determine what the value of a case is."
Judge Kincaid, who as a member of the committee's advisory com-
mittee endorsed the New Jersey plan, replied when he took the stand :
' ' I think if we were plaintiff claimant lawyers interested primarily and
perhaps only in the plaintiffs' side of the case we would be opposed
to this, because it does place some curb on plaintiff lawyers."
Mr. Ball discounted the argument that trial in municipal court
would be unfair to the plaintiff. His attitude was brought out during
questioning by Senator Richards:
Senator Richards: Do you feel, though, that there ought to be
a recourse in the event that the attorney for the plaintiff * * *
is absolutely convinced that his case is worthy of more than
$3,000? * * * Should he have recourse in regard to an appeal or
refusal to try in a municipal court? * * * Take a situation
where you are absolutely convinced, because you know all the
facts, and you presented them before a superior court judge in
pretrial, you are convinced you have got a bad deal all the way,
and so has your client. Wliat are you going to do about it ?
Mr. Ball: I'd go down there and go to trial.
62 COMMITTEE KEPORT ON OPERATION OP THE COURTS
Senator Richards : In the municipal court ?
Mr. Ball: Certainly, because I think the municipal court jury
would be as able as the superior court juries. Juries are juries.
I have lost just as many cases in the superior court as in the
municipal court.
Senator Richards : You would go to trial seeking a municipal
court award in excess of the municipal court jurisdiction?
Mr. Ball : Under the New Jersey plan, the municipal court has
an unlimited jurisdiction. I would argue the facts the same.
Another committee member asked Mr. Ball if some of the alleged
timesaving advantages of the New Jersey plan might not be lost be-
cause of duplicated effort at pretrial and again in court:
Assemblj^man Sumner: Wouldn't the effect of this be to actually
have almost two trials, because the pretrial judge would be so
concerned over wanting to do a good job — or at least he should
be — that he would have to go into the medical questions, and he
would have to make his evaluation as to whether or not it would
be under or over the $3,000? * * *
Wouldn't the net effect be that you really wouldn't save any
time? You would just kind of slow up your pretrial calendar and
have almost two trials, one at the pretrial level and the other at
the trial level?
Mr. Ball: I'll answer that this way: that I think it is our ex-
perience that the pretrial in personal injury cases has not been
a success. I think that this (plan) would have the effect of making
pretrial a success. Of course, the pretrial judge would have to
take more time. He wouldn't have to give it the perfunctory
examination that some judges throughout the State now give to
personal injuries. He would require the medical reports to be sub-
mitted and would exercise a good, solid judgment as to whether
or not this was a case within the jurisdictional limit. I think it
would make pretrial a success.
Judge Richards informed the committee that apparently no amend-
ment of the State Constitution would be necessary to put the New
Jersey plan into effect. Two changes, he said, should be made in the
Code of Civil Procedure — in Section 396.1 to authorize the superior
court to transfer personal injury actions to the municipal court, and
in Section 89 to give the municipal court unlimited jurisdiction in
such cases.
One complication appears to arise regarding appeals. Under existing
constitutional provisions, a case transferred to municipal court could
be appealed only to the appellate department of the superior court,
regardless of whether the judgment exceeded $3,000. The experience
of the past few years in New Jersey indicates that 5 to 10 percent of
the awards in municipal court might go above the $3,000 mark. The
parties in such cases might feel discriminated against if their actions
had been transferred to the lower court, thus limiting their right of
appeal. This is one aspect of the New Jersey plan that, the committee
feels, requires further study.
COMMITTEE REPORT ON OPERATION OF THE COURTS 63
The plan has been approved by the committee's advisory committee.
A bill has been introduced at the request of the Judicial Council.^ Los
Angeles Superior Court judges disapproved the plan in February, 1957,
apparently in the belief it represented a step toward superior-municipal
court consolidation; they reversed themselves and approved the plan
a year later in a referendum, 41 to 20. The State Bar Association still
has the plan under consideration.
FINDINGS AND RECOMAAENDATIONS
Giving the superior court power to transfer cases to the municipal
court for trial whenever the superior court judge is reasonably certain
that damages will not exceed $3,000 will relieve the superior courts
of a significant number of personal injury cases. It will also probably
result in a larger proportion of smaller cases being filed in the first
place in the municipal court. Such cases perhaps will be tried in less
time and at smaller cost in the municipal court.
The problem of providing a procedure whereby appeals may be taken
to a district court of appeal in the event the judgment in the municipal
court exceeds $3,000 needs to be decided. Also, the advisability of
adopting a transfer-of-small-cases plan is intimately related to the
question of whether to raise the jurisdictional limit of the municipal
court, say to $5,000 or even $10,000. It is, of course, wholly dependent
on the bigger problem of whether to consolidate the trial courts.
The proposal should be given further study and no action taken
until a determination is made as to the merger of the superior and
municipal courts.
Senate Bill No. 901. See Appendix 6.
9. REQUIRING MORE COMPLETE FINDINGS OF
FACT AND CONCLUSIONS OF LAW
For more than a decade, members of the California bar have been
critical of a practice that has grown up in nonjury civil trials in this
State — that of giving such brief, sketchy decisions that the losing
counsel has little or nothing on which to base an appeal.
Sections 632 and 634 of the Code of Civil Procedure require that
the judge ui nonjury trials must render his decision in writing and
file it with the clerk of the court within 30 days after the case is sub-
mitted for decision ; and, separately, there must be a statement of facts
found to be true and the court's conclusions of law. The critics con-
tend that this second requirement has come to be treated as a mere
formality.
In many courts it has become routine for the judge to request
counsel to waive the requirement for written findings and conclusions.
Or if they are not waived, the judge announces his decision and then
asks the winning attorney to prepare a statement of findings and con-
clusions for the court to sign. These tend to be short — often only a few
sentences declaring that everything the prevailing side contended was
true, everything the loser contended untrue. Under law, the judge and
opposing counsel receive copies of the proposed statement; after five
days, the judge may sign it.
An appellate court some years back took occasion to give this custom
of offhand statements a raking over. The court in Anderson vs. Badgtr
(191 Pac. 2d 768) 84 Cal. App. 2d, 736 at p. 745, stated:
This appears to us to be an appropriate occasion for some obser-
vations as to the matter of findings. The (trial) court found aU
of the allegations of defendant's answer to plaintiff's first amended
complaint to be untrue, and aU the allegations of plaintiff"s answer
to the cross-complaint to be true. Our analysis of these pleadings
involved a considerable waste of time, and it disclosed that the
court thereby found to be untrue numerous allegations of facts
which were admitted by the pleadings and others which were estab-
lished by other admissions of the parties and by uncontradicted
evidence, and also found many facts as to the terms of the agree-
ment which were directly contrary to its clear provisions.
We are able to disregard certain of these unfounded and obvi-
ously incorrect findings because they are in conflict with admitted
facts, and others because they are not controlling as to the ques-
tions involved on the appeal. The court has been undidy burdened
with the task of analyzing and reconciling the conflicting findings,
and in arriving at the conclusion that, considered with the plead-
ings, they furnish support for the judgment.
This is not the fii-st time we have had occasion to say that find-
ings should be prepared with great care and accuracy in order to
establish the true factual basis for the court's action. It happens
(64)
f'OMMriTKi'; i{i:i'oirc on opkiiatiox of tttk courts Hf)
witli j^rcal, rrcr|iic(icy lliat. hroad, ircucvul finditi^'s do iiol sjx'Jik I ho
triilh. * • •
The California Jiar Association in 1948 af^poinlcd a i:>-tiiaii coiiiiiiit-
tee to Htiidy and innkc rccoriiriiciidations as to [jossiljlc irrif^rovonicnts
in the matter ol" findings and (toindiisions in iKMijiiry civil cases. Five
years later the coininittee handed in a rej)ort, eritieizin«( not only the
ineoni[)leteness of the trial courts' findin*^s and conclusions but de-
))lorinf^ also a practice existing in California appellate courts — that of
inferring, whenever the findings contain a conflict upon any material
issue in the ease, that the trial court found, correctly, in favor of the
prevailing f)arty.
The (Jliairnian of the; State l>ar (Jommittee, Harry W. llort-on of
pjl (Jentro, af)peared at the .Jiidi(;iary Committee hearing in San PVan-
ciseo on July 15, l'J58, to tell in further detail what his study group
had found :
Mr. ITorton : The ohjf;ctions made to the present language in
Sections 0.')2, d'.V.i and ('/.'A are these: As interj)reted by the courts,
the only thing that is required of a trial judge is that he shall make
findings of ffict and conclusions of law, separately stated * * *
but all a judge has to do is find the ultimate fact, and he need
not resolve any questions of conflict in f;videnee. * * * Conse-
quently, if the trial judge does not give you a finding of the facts
on which tfie case turns, you just havr; no case on appeal. * * *
1 think this is one of the tremendously weak spots in the practice
of law in this State. * * *
I'm sure you have been in court and have liad the judge hear
the case and then say, "I find for the plaintiff. 'ITie plaintiff's
attorney will draw the findings of fact and conclusions of law,"
and he does, and nobody knows what thf; judge's decision is on the
facts. There is no way undf;r the prr^sent law to compel him to dis-
close the basis of his decision. fJonscfjuentiy, when a case gets up
on appeal, there is no way of your pnisenting it, unless it turns on
a simple proposition of law, or therr; is a complete absence of
evidence.
Mr. Ilorton said that since his committee's 1953 report he has gath-
ered information upon practices in other states, the federal courts and
Canada. He said he had encountered a noticeable trend toward improv-
ing the quality of findings and conclusions issued by the trial c,ourts.
During his testimony he said :
Mr, Ilorton: Let me give you the actual practice in, for in-
stance, New Mexico and Texas. There, when a ease is tried, the
judge announces his decision * * * and either counsel is privileged
then to request a finding on a specific conflif^t of evidence. A judge
can make that determination orally, or he can make it in writing,
but he must make it; and under the Texas rule if the trial judge
refuses to make a finding on that requested i.ssue, the appellate
court is prohibited by the statute from indulging in any x>resump-
tions in favor of the judgment where that particular is.sue of fact
is involved.
3— L-1G44
66 COMMITTEE REPORT ON OPERATION OF THE COURTS
One thing that has led to possible criticism of this system is
the thought that it would create a lot of additional work. I would
like to dispel that. * * *
We have in our county an attorney who went to Texas and
tried a case under the Texas practice, and he came back with the
announcement that this is what happened. * * * "Wlien all the
evidence was in, the judge said, "My findings on the factual situ-
ation are as follows" and he related them. "jMy determination
of the judgment is as follows, and this is the judgment that I
would enter. Now, counsel, do either of you have any additional
findings that you desire?" Each of them asked a finding on a
specific matter. He proceeded to make the finding right there. They
walked out of the courtroom, the findings were all done, they were
written up and made a part of the proceedings * * * and the thing
was over with. It didn't take over 15 minutes in the resolution of
the case, and they had a set of findings in which you knew exactly
what the court based its decision on factually, as well as the law.
Mr. Horton said he had visited Canadian appellate courts and had
observed that ' ' they went strictly to the point in controversy, the point
on which the case turned, because they had the facts resolved; their
handling of the case was much more rapid than is possible under our
California practice." He added that Canadian trial judges "just
couldn't believe when I told them that we could not get a finding * * *
that our judges as a matter of practice did not resolve the conflicts in
the evidence. ' '
In describing the changes his bar committee believed should be made,
the witness described hypothetical cases.
Mr. Horton : If I can take an example * * * on a quiet title case,
where your pleading is that the plaintiif owns the land, and the
defendant makes some claim to the title of it * * * under the
present practice all the judge would have to say is, "I find the
plaintiff the owner of the land. ' '
Often in those cases, you have had contracts and disputed facts
as to whether they were signed, disputes as to whether pa^^nents
were made, and you get no resolution of that. The trial judge can
simply say, "I find for the plaintiff" and walk out, instructing
the plaintiff's attorney to draw the findings. And all he draws is,
"Plaintiff' is the owner. The defendant has no title." You have got
nothing for review, really, where there is a conflict in the evidence.
Now, under proper practice, he would be required to resolve
those facts, to say, "I find this contract was signed on a certain
day" (if there is a dispute as to when it was signed.) "I find it
was signed by all the parties. I find that the payments were made
in accordance with the contract. I find that the contention of the
defendant on this particular issue is not sound. ' '
AssembljTuan Allen : Well, in this case the defense attorney that
lost the case, if he wanted a specific finding on a specific question,
say whether the contract was signed — how are you going to present
that to the trial judge in such a way that he has to find that the
contract was signed or was not signed ?
COMMITTEE REPORT ON OPERATION OP THE COURTS 07
Mr. Ilorton : Under the Texas practice, that can be done by an
oral request in open court, if the judge has announced his decision
at that time ; or the attorney can ask for time to present a specific
finding on a specific issue of fact. When he does file it, the court
holds a hearing and decides that he will or will not sign it. He
can't simply ignore it, as under the present practice in Califor-
nia. * * *
Assemblyman Allen : Would you recpiire the trial court to make
a finding on each specific fact that is requested by counsel?
Mr. Ilorton : The Texas i^ractice does not go so far as to say the
trial court must make a finding on every factual issue that an
attorney may ask a finding on. It has to be a material fact on
which there is a dispute * * * and upon which the case might
turn. Otherwise, of course, an attorney could just ask for an indefi-
nite number of findings and * * * it would be an endless job. * * *
Assemblyman Allen : How are you going to put the trial judge
in the position where, if he takes the attitude, "Well, let's polish
up these findings to support the judge's judgment, and let it go at
that" — how are you going to put him into the position where, if
he refuses to find on the question of was the contract signed or
not, you have got an appealable question ?
Mr. Horton : The Texas practice is this. * * * If he refuses to
make a finding, one really of substance that has some merit in the
case, the appellate court is prohibited by the statute from indulg-
ing in any assumptions in favor of this judgment. They send it
back, and he makes a finding on it.^
Two pieces of legislation have been introduced in the 1959 Session
of the California Legislature, designed to improve the quality of the
courts' findings of fact and conclusions of law. They incorporate the
essential ideas proposed by the state bar committee.
Senate Bill No. 109 would make findings and conclusions mandatory,
following a nonjury civil trial; the judge no longer would be able to
ask counsel to waive findings. The measure also would require that the
judge himself prepare the findings and conclusions, instead of turning
the assignment over to the prevailing attorney. This, it is hoped, would
result in statements more clearly and fully explaining the judge's
decision.
The other measure. Senate Bill No. 216, would amend CCP Section
632 by inserting the sentence: "The statement of facts found shall
fairly disclose the court's determination of all issues of fact necessary
to the decision. ' ' The bill also would add two paragraphs to Section 634
providing that the losing attorney (literally, "any party other than
the one who prepared the findings") may file objections, counter-find-
ings and requests for special findings. It also specifies that where no
findings are made on an issue, or the findings are ambiguous or con-
flicting, the appellate court shall not infer that the trial court found
in favor of the prevailing party on the issue — provided that the appeal-
ing party had made a written request to the trial court for a specific
finding on the issue.
1 Testimony excerpts from the transcript, pp. 187-199.
68 COMMITTEE REPORT ON OPERATION OF THE COURTS
These measures have been opposed by several judges as tending to
throw more work upon judges and thus adding to congestion in the
trial courts.
FINDINGS AND RECOMMENDATIONS
In most instances the court's written decision does not contain a
statement of findings of fact and conclusions of law sufficient to disclose
the true factual basis for the decision. This results in there being no
adequate means of taking an appeal or presenting a motion for new
trial.
Legislation should be enacted to require the statement of the findings
of fact to fairly disclose the court's determination of all issues of fact
necessary to the decision. Legislation is also necessary which will pro-
vide a procedure for settling findings, and to enable the parties to file
objections to proposed findings and counter-findings and requests for
special findings. If no findings are made on a particular issue necessary
to the decision, or if the findings on such an issue are ambiguous or
conflicting, there should be no inference by the appellate court that the
trial court found for the prevailing party on that issue.
A careful study should be made of the advisability of requiring
judges to prepare their own findings of fact, instead of assigning this
task to the prevailing party, in order that the findings will truly re-
flect the judge's own resolution of the issues of fact on which the case
turns.
10. OBTAINING UNIFORMITY OF APPELLATE
DECISIONS FROM JUSTICE AND
MUNICIPAL COURTS
The superior court has exclusive appellate jurisdiction over cases
arising in the justice and municipal courts. Constitution, Article VI,
Section 5. The Supreme Court and district courts of appeal are not
authorized to transfer such cases to themselves for decision. Article VI,
Sections 4 and 4b. In every county in which there is a municipal court
there is an appellate department of the superior court to hear appeals
from justice and municipal courts not requiring a trial de novo. C. C. P.
Section 77. If an appeal is taken from the justice court on questions of
fact or questions of fact and law, a new trial is held in the superior
court. C. C. P. Section 976. The only possible appeal from an appellate
decision of the superior court is to the United States Supreme Court on
a question of federal law. Edwards v. California (1941) 314 U. S. 160.
The result is that there are 58 little supreme courts in the State, one
in each county, making final decisions on appeal from justice and mu-
nicipal courts. Many times this has resulted in important questions of
law being interpreted differently from county to county.
In order to achieve a desired uniformity of decision throughout the
State, it is proposed that the Constitution be amended to permit district
courts of appeal to transfer to themselves for hearing and decision cases
arising in the justice and municipal courts. The Supreme Court in turn
could transfer such cases to itself from the district court of appeal if
necessary. It is proposed that the actual conditions and requirements
for transferring such cases be prescribed by rules of the Judicial
Council. The present informal, rapid and inexpensive method of appeal
from cases arising in the justice and municipal courts should not be by-
passed except where the interest of uniformity of decision requires it.
RECOMMENDATION
Senate Constitutional Amendment No. 11 was introduced at the 1959
Session of the Legislature to accomplish this purpose. This amendment
would add a new section, 4e, to Article VI, providing that the district
courts of appeal shall have appellate jurisdiction on appeal in all cases
within the original jurisdiction of the municipal and justice courts, to
the extent and in the manner prescribed by rules of the Judicial
Council.
4— L-4544
(69)
n. THE SMALLER JURY
Several states have sought in recent years to speed the opening phases
of civil trials by reducing the size of the jury, sometimes to as few as
six. Reports from these states— Connecticut, Florida, Colorado, Utah,
and others— indicate some saving in time and expense.
Meanwhile, articles have appeared in law journals advocating total
elimination of the jury in trying traffic personal injury cases.^^^
The Holbrook report in 1956 recommended for California : "In the
absence of a demand for a larger number by either party, a civil jury
should consist of eight persons, the concurrence of six being required
for a verdict." (p. 387.) .
By permitting either side to ask for a jury larger than eight, the
Holbrook proposal did not differ too much from the present law, which
provides that a civil jury may consist of 12 or any number less than 12
upon which the parties agree. Agreement of three-fourths is required
for a verdict.
Others in the legal profession have opposed the optional aspect of the
Holbrook proposal. They favor setting the jury size at eight, with no
variation.
The committee at its San Diego hearing heard Superior Judge Km-
caid of Los Angeles testify in behalf of the smaller jury plan :
Judge Kincaid: This has been utilized in certain other states
* * * and has proved efficacious in speeding up tort jury litiga-
tion. The great bottleneck all over the United States in litigation is
in tort jury trials. That is where jurisdictions are years behind in
many states, and where in our own state we are gradually dropping
behind in spite of our best efforts. * * *
Another thing * * * is the physical problem of getting and
handling so many jurors, particularly in the metropolitan areas.
Every jury trial of 12 jurors requires a minimum, to start with,
of at least 18, sometimes as many as 24 jurors being assigned to a
particular case, to allow for the challenges. The very physical
problem of obtaining, assigning, and handling that many jurors
presents a formidable situation, and we feel that in itself is a
strong argument for the reduction in number.
Professor Holbrook reported that the Los Angeles jury commissioner
was sending out almost 700 letters a day to prospective jurors. A Town
Hall report stated :
The requirement of 12 often imposes a burden in getting a suffi-
cient number of jurors for all cases scheduled for trial. In Los
Angeles County, to obtain some 14,000 eligible jurors for the supe-
rior court in 1955, the jury commissioner's office mailed out over
140,000 summonses. Over 112,000 of those summoned either were
iFor references see New York University Law Review, Vol. 32, January, 1957, p. 130,
fn. 146.
(70)
COMMITTEE REPORT ON OPERATION OP THE COURTS 71
found to be exempt or were excused for cause. The more jurors
required, the greater the expense for both taxpayers and litigants.^
The Los Angeles County superior judges, in a referendum in March,
1958, approved the smaller jury plan by a margin of 42 to 19.
The committee heard opposition, however, from several sources — and
if not opposition, lack of enthusiasm. Some doubted that the greatest
advantage claimed for the plan — the saving of time in the voir dire
examination of prospective jurors — would actually materialize. Rather,
they said, with a jury of only eight, each member becomes more impor-
tant, and the attorneys for both sides would be likely to spend more
time examining each one.
Some witnesses pointed out there were other, and perhaps better,
Vfays of shortening the voir dire loeriod than by cutting the jury size.
Said Superior Judge Thomas Coakley of Mariposa County, who had
assisted in a Conference of California Judges study on the subject :
Judge Coakley : The courts should affirmatively exercise a greater
degree of control over the examination of jurors than they do. * * *
In one court a jury on a case will be selected in 45 minutes, some-
times 30 minutes. An almost identical case in another court will
take four hours * * * even go over into the second day. There is
no way of explaining it, except that the judge lets it get out of
control, or some counsel insists upon repeating, repeating, repeat-
ing the same questions, or insists upon attempting to educate the
jury on his theory of the case or other matters, or he goes on long
fishing expeditions for the purpose of exercising peremptory chal-
lenges. * * *
My practice is * * * to call counsel into chambers, point out to
them that the court will ask a series of questions, questions that are
ordinarily asked by counsel in warming up to the examination of
jurors. We'll ask those collectively, and then ask counsel if there
are any general questions that they would like to ask of the jurors
in the courtroom. "We'll ask counsel to refrain from asking ques-
tions that the court has asked * * * and admonish counsel to re-
frain from attempting to educate the jurors on their theory of the
case. * * * Our observation has been that where such a practice
is followed, the examination of jurors has not been unduly long,
and you can get a jury in 30 or 45 minutes. * * *
I haven't found anyone who feels that legislation is necessary to
handle this problem. It seems to be unanimous that there is suffi-
cient authority now in the courts to reasonably and properly con-
trol the examination of jurors.^
The suggestion that the parties in a case be given the option of having
a jury larger than eight if they wished met little favor. Under the plan,
the one requesting the 12-man jurj^ Avould have to pay the extra cost,
and it would not be taxable to the other side. Judge Kincaid observed
to the committee :
- "The Trial Courts of the Los Angeles Metropolitan Area." Town Hall, Los Angeles,
March, 1957, p. 18.
■■'Transcript, San Diego hearing, pp. 133-4.
72 COMMITTEE REPORT ON OPERATION OF THE COURTS
Judge Kincaid : To allow one to have an option of taking the 12
would mean that in most automobile accident cases 12 would be
chosen — because strangely enough it is the insurance companies
that are largely demanding the juries in civil cases, and costs seem
to be no particular element to them. I think if you allowed that
option to prevail that you would find juries of 12 being demanded
by those defendants in almost every instance. It is my personal
view that it should be limited to eight.
The advisory committee of Los Angeles superior judges also rejected
the idea of an optional-12 jury.
The committee heard another objection to the eight-man jury from
Edgar Simon, Los Angeles attorney. He testified :
Mr. Simon : If we cut a jury from 12 down to six or eight, one
strong juror may very well have an unusual effect on his fellow
jurors. It may serve to deprive litigants of what they are in court
for, a fair and just trial. My own experience has been that in many
cases, one strong juror has been able to hold the jury from coming
to an agreement, and if we have a jury of only six, that one strong
juror * * * might very well obstruct rather than serve the ad-
ministration of justice.
A committee member. Senator Grunsky, sided with the witness in
opposing any attempt to whittle down the size of the jury :
Senator Grunsky : You get down to the point where soon, for the
sake of argument, you are down to six. Then the next most logical
step is, ''Why not reduce it further, and make it a panel of
judges?" and the first thing you know you have eliminated your
jury system entirely. * * * With all due respect to the judiciary,
I feel 12 lay people with barnyard equity are better triers of the
facts. * * * I am reluctant, for the saving of perhaps a few min-
utes in trial and a few five-dollar jury fees, plus mileage, to whittle
away the jury system.
Presiding Judge Herndon of Los Angeles expressed himself in a
somewhat similar vein when discussing the general subject of court
costs at the Los Angeles hearing in December, 1957 :
Judge Herndon: We should recognize that (in) our democratic
form of government * * * we haven't made efficiency the primary
consideration. If we were, I think we would give serious considera-
tion to the abolition or curtailment of the right of trial by jury in
civil cases.
The American people place great store by their jury system.
* * * This is the only country in the world which tries the great
bulk of its civil litigation before juries. Some of us feel that our
jury system needs some examination and some streamlining to meet
the conditions at the present time, but * * * efficiency has not
been the major consideration or the sole consideration in the opera-
tion of our courts.
COMMITTEE REPORT ON OPERATION OP THE COURTS 73
The faith that litigants have in the jury system is indicated by the
large percentage of civil cases tried before juries — about 40 percent of
all civil cases in the superior court. ^
The chairman and other committee members introduced two compan-
ion measures on March 2, 1959, implementing the small-jury plan. Sen-
ate Constitutional Amendment No. 12 adds a sentence to Section 7 of
Article 1, reading: "In civil actions, the jury shall consist of eight, or
of an}' number less than eight upon which the parties may agree in open
court." The other measure, Senate Bill No. 850, amends Section 601
of the Code of Civil Procedure to reduce from six to four the number
of peremptory challenges to which each side is entitled in a civil action.
FINDINGS AND RECOMMENDATIONS
The possible benefits to be derived from reducing the size of the civil
jury to eight jurors should be given further consideration and study
before a determination is made concerning this proposal. The 12-member
jury is a much too important part of the American judicial system to
warrant making changes until their effect is fully ascertained and un-
derstood.
^1957-58 Report, Judicial Council.
IN CONCLUSION
The Joint Judiciary Committee has reached this stage of its assign-
ment fully aware that the modernizing of a state's court system is not
something to be accomplished in a series of rapid broad strokes. Numer-
ous as the proposals are that appear in the preceding pages and in meas-
ures recently introduced in the Legislature, they are only part of a
solution.
No one has described the realities of the problem better than did
Chief Justice Gibson in Monterey on the opening day of the committee 's
hearings. He said :
''I think this is a big program, and I think and I hope it will
go on, not for one year or two years — I hope it will go on for 20
years. Because the problem of improving the administration of
justice is an unending one. It is a difficult one. It is one on which
we may have a lot of disagreement about details, but one in which
we cannot have any disagreement about our objectives. Because
respect for the law depends in a large part on respect for the ad-
ministration of the law. If w^e don't have that, then we have lost
something very precious to every one of us. ' '
(74)
APPENDICES
APPENDIX 1
Preliminary Report of the Executive Director to the
JOINT JUDICIARY COMMITTEE ON ADMINISTRATION OF JUSTICE
BRANCH SUPERIOR COURTS
MEMBERS OF THE COMMITTEE
Senators AssemhJymeii
Edwin J. Regan, Chairman Bruce F. Allen, Vice Chairman
Stanley Arnold William Biddick, Jr.
John William Beard John A. Busterud
Carl L. Christensen, Jr. George G. Crawford
James A. Cobey Robert W. Crown
Nathan F. Coombs Louis Francis
Earl D. Desmond Richard T. Hanna
Richard J. Dolwig Thomas J. MacBride
Fred S. Farr S. C. Masterson
Donald L. Grunsky Bruce Sumner
Richard Richards Howard J. Thelin
Goscoe O. Farley, Executive Director
John A. Bohn, Counsel
December 12, 1957
INTRODUCTION
This preliminary report on the subject of branch superior courts is
for use in connection with the hearings before the Joint Judiciary
Committee on Administration of Justice to be held in Los Angeles on
December 18 and 19, 1957. Complete information concerning the opera-
tion of branch courts is not presently at hand and the statements herein
should be considered tentative.
The term "branch superior courts" is not a statutory term. The per-
tinent Government Code sections (69740 to 69751.5) refer only to "ses-
sions ' ' of the superior court, and the Rules of the Los Angeles Superior
Court, for example, refer to them as "branch departments" of the
superior court (Rule 17). The term "branch superior courts" is in
common use, however, among judges and lawyers to denote sessions
held outside the county seat on a more or less regular and permanent
basis.
There are various kinds of sessions of the superior court held outside
the county seat. In Ontario, San Bernardino County, for example, the
court sits only one day a week and hears only default matters, pretrial
conferences, short-cause trials and the like.
Some other branch courts are in session every day and try all types
of cases, but have only one master calendar for the entire county and
keep all original records at the county courthouse, with copies only at
the branch court clerk's office. Richmond in Contra Costa County is an
example of this type of branch court.
5— L-4544
(77)
78 COMMITTEE RETORT ON OPERATION OF THE COURTS
The 10 branch courts in Los Angeles County, on the other hand,
are almost autonomous, having their own judicial di-<tricts, tlieir own
master calendars and retaining the originals of all filings.
STATUTORY PROVISIONS
The statutory provisions fixing the place where sessions of the supe-
rior court shall or may be held are contained in Grovernment Code
Sections 69740 to 69751.5. Some of these provisions are mandatory,
requiring at least one session of the superior court to be held in each
city meeting the statutory prerequisites. Other provisions are permis-
sive only, leaving the matter to the discretion of the judge or judges.
There is no constitutional provision limiting the place of holding ses-
sions of the superior court other than the general provision that there
shall be at least one superior court judge for each count v (Art. VI,
See. 6).
Except as otherwise provided by statute all sessions of the superior
court must be held at the county seat (Go\t. Code Sec. 69741).
The statutes prescribing the places where sessions shall or may be
held outside the county seat are rather numerous and complex. The
following summary of them is in the chronological order of their enact-
ment.
19 19, C/iapfer 3 1 8;
Permissive. A court may be held or continued at any place in the
county not less than 120 miles from the county seat when the judge or
judges deem it necessary or advisable. (Now Govt. Code Sec. 69744. •
1923 {Chapier 42)
Mainioionj. A scs,-^ion of the superior court shall l>e held in any city
of at least 50.000 population whose city hall is not less than 15 miles
from the county courthouse. (This statute was limited to counties of
the first class and for that reason held unconstitutional. In re Brady,
65 C. A. 345.)
?925(Chapfer85;
The limitation to counties of the first class in the 1923 statute *^ which
was held unconstitutional for that reason) was eliminated.
The branch court at Ix>ug Beach was established on August 3, 1925.
under this statute.
193] Choppers 182, 707)
The population requirement in the 1923 and 1925 mandatory statutes
was reduced fn>m 50.01X) to 45.000, and the distance requirement was
reduced from 15 miles to S miles.
The Pasadena branch court was established on August 17, 1931,
under this statute.
An additional permissive statute was also enacted in 1931 providing
that a session of the superior court may be held for a i>eriod not ex-
cluding two weeks in any month in any city with a p>opulatiou of 7.000
or more whose citv hall is at least 55 miles from the count v courthouse.
(Now Govt. Code Sec. 69745.)
I
COMMITTEE KEPORT ON' OPKRATION OP THE COURTS 70
Apparently tlio Dopartinont of tlio Suporior Court ostahlisJiod in
Santa Maria, Santa Barbara County. (U» October (>. 10.!1, was author
ized by this statute.
1933 (Chapters 392, 395)
Two new nunxlalory provision.s were enaeted in 1I);{;{.
One provided that at least one session shall he held in each eity with
a population of at least 20,0(X) whose city hall is l>0 or more miles from
the county courthou.se. i,X()W Oovt. Code Sec. fi0746.)
The Pomona branch court was established on October 23, 1933, under
this .statute.
The second statute passed in 1033 provided that there shaJl be at
least three .sessions of the superior court held in cities with a popida-
tion of 12r>,0()0 or more whose eity hall is situate«l at least ei}»ht miles
from the county courthoti.se. (\ow in (tovt. Code See. 60742.)
This statute pr(>scntly applies only to I.onj? Reach, which now haii six
judj?es assigned to it.
?935 (Chapter 271)
The population requirement under the 1023. 1025 and 1031 man-
(iatonj le<»islation was further reduced from 45,000 to 35,(M)0. The mini-
mum distance requirement of 8 miles, however, was left unchanged.
(Xow in Go^•t. Code, See. 60742.)
The Santa Monica branch court was establi.shed on Decemb«>r 30,
1035, pursuant to this Ictjislative act. 0 So. C. Ti. Kev. 3r>4. The Ingle-
wood branch was (Established on DectMuber 4. 1047. the Conipton branch
on Scptendier 23, 1040, the South date branch on December 1. 1010,
and the Bnrbank branch on February 0, 1050.
1941 (Chapter 1247)
An additional ttwnriafortf statutory formula was pa.s.sed by the TiCgis-
lature in llMl. It provided for at least one session of the stiperior court
to be lu'ld in each city of 50.000 or more whose eity hall is at least 6
mih^s from the county courthouse. (Now Oovt. Co<le. S«v. 60747."*
The (ilendale branch court was established under this statute on
May 24, 1043. 15 So. C. I, Kev 3
1947 (Chapter 681)
The 1047 Ii«^gislature provided for an additional nianflaiorn formula
which, for the tirst time, set up a requiremeiU of a certain minimum
poi>\dation within a giv(M) radius of the city hall as well as a certain
minijniim within the city itself. Under the 1047 fornuda all of the fol-
lowinu eonditi<»ns must be met: (1) eity hall at least 18 miles from
ty courthoii.se; (2) population of city at least 10,000; (3> popula-
. of at least 50,000 within 10-mile radius of eity hall ; (4) there must
be at least 15.(M)0 i>erson.<? in the county residing at least 18 miles from
the county courthouse, some of whom would be required to travel 50
miles to attend court at such eity and at least 10 miles farther to attend
the superior court at the county courthouse or any other pla<*e where
sessions of the court have been established. (Xow Covt. Code. Se<\
60748.)
The San Fernando branch court was established on N'ovember 17.
1047, under this legislation.
80 COMMITTEE REPORT OX OPERATION OF THE COURTS
1953 (Chapters 206, 7262, 1285)
The year 1953 saw the enactment of another complex mandatory
formula. This statute provides that at least one session shall be held in
each cit}^ to which all the following conditions apply: (1) at least 70
miles from the city hall to county courthouse; (2) population of at least
5,000 within the city; (3) population of at least 26,000 within a radius
of 30 miles of the city hall; (4) there are residing in the county at least
40 miles from the county courthouse not less than 34,000 persons, some
of whom would be required to travel 80 miles to attend court at such
city and at least 70 miles farther in order to attend the superior court
at the county courthouse, or any other place where sessions of the
superior court have been established. (Govt. Code, Sec. 69748.1.)
The branch court at Indio, Eiverside County, was established on
November 1, 1953, under this statute.
Two permissive sections were also added in 1953. Govt. Code Sec.
69744 was enacted to provide that when the judge or judges deem it
necessary or advisable, the court may be held or continued in any city
in the county with a population of not less than 2,200 in which the
city hall is not less than 60 miles from the county courthouse. Section
69751.5 was added to provide that the judge or majority of the judges,
with the consent of the board of supervisors, may establish a session
of the superior court in any city with a population in excess of 7,000
whose city hall is at least 30 miles from the county courthouse, if the
judge or judges determine that such session is necessary to serve the
convenience of the residents and to promote the ends of justice. (Govt.
Code, See. 69751.5.)
The year 1953 also saw the enactment of legislation to prevent
branch courts from being established closer than 8 miles apart. (Prior
to that branch courts were being established as close as 4 or 5 miles
apart, e.g., Glendale and Burbank 4 miles and Compton and South Gate
4.6 miles.) Section 69749 was added to the Government Code to pro-
vide that except in those cities in which sessions of the superior court
were required to be held as of October 1, 1949, no sessions shall be held
in any city thereafter meeting the requirements unless the city hall of
that city is at least 8 miles from the city hall of the nearest city in
which one or more sessions are held.
7957 (Chapter 993)
In 1957 an amendment to Govt. Code Sec. 69749 was enacted whereby
the closest distance branch courts hereafter established may be located
to each other is 14 miles instead of the 8 miles provided for in the 1953
statute. (Redondo Beach had reached a population of more than 35,000
and was about 17 miles from the county courthouse and 8.5 miles from
the closest branch court at Inglewood. AVest Covina also exceeded
35,000, was 17.5 miles from the county courthouse and 10.6 miles from
the nearest branch court at Pomona. Whittier had nearly reached
35,000 and was about 12 miles from the county courthouse and about
10 miles from the nearest branch court at South Gate. The establish-
ment of branches in these three cities was prevented by this statute.)
The restriction does not apply to cities in which such sessions were re-
quired by law to be held and were being held on or before July 1, 1954.
COMMITTEE REPORT ON OPERATION OP THE COURTS 81
Also another permissive provision was enacted whereby conrt may be
held, if the judges deem it necessary or advisable, at least once a week
in any place in the county not less than 45 miles from the county seat
provided the place is within a judicial district composed wholly of un-
incorporated territory with a population of more than 40,000. The
judges may limit the type of proceedings to probate and domestic re-
lation matters. (Govt. Code, Sec. 69744.5.)
It is proposed to hold sessions at Lancaster starting on January 10,
1958, under this section.
SUMMARY OF PRESENT lAW
Mandatory:
Presently there are three simple mandatory provisions as follows :
(1) Population of city, 50,000; distance from county courthouse, 6
miles ;
(2) Population of city, 35,000; distance from county courthouse, 8
miles ;
(3) Population of city, 20,000; distance from county courthouse,
30 miles.
In addition, there are two more complex mandatory provisions as
follows :
(4) Section 69748. At least one session of the superior court shall
be held in each city to which all of the following conditions
apply :
(a) The city hall is not less than 18 miles from the site of the
county courthouse ;
(b) The city has a population of not less than 10,000;
(c) Within the 10-mile radius from the city hall there is a
population of not less than 50,000;
(d) There are residing in the county at least 18 miles from the
county courthouse not less than 15,000 persons, some of
whom would be required to travel 50 miles to attend court
at such city and at least 10 miles farther in order to attend
the superior court at the county courthouse, or any other
place where sessions of the superior court have been estab-
lished.
(5) Section 69748.1. At least one session of the superior court shall
be held in each city to which all of the following conditions
apply :
(a) The city hall is not less than 70 miles from the site of the
county courthouse ;
(b) The city has a population of not less than 5,000 ;
(c) Within the 30-mile radius from the city hall there is a popu-
lation of not less than 26,000 ;
(d) There are residing in the county at least 40 miles from the
county courthouse not less than 34,000 persons, some of
whom would be required to travel 80 miles to attend court
at such city and at least 70 miles farther in order to attend
the superior court at the county courthouse, or any other
82 COMMITTEE REPORT ON OPERATION OF THE COURTS
place where sessions of the superior court have been estab-
lished.
The restriction that no branch court established after July 1, 1954,
shall be closer than 14 miles to any other branch court applies to each
of the above five provisions. Also, as to any branch court authorized
to be established after October 1, 1949, the adequacy of the court,
quarters must be approved in advance by a majority of the judges.
(Govt. Code Sec. 69749.)
Permissive:
Some of the permissive sections apparently refer to the establish-
ment of regular, permanent branch courts, while others expressly refer
to part-time sittings of the court. Still other sections do not make it
clear whether a regular, permanent branch court is intended or not.
Regular, Perma7ient Brayich Court:
Section 69751.5. The judge or a majority of the judges of the
superior court in and for any county, with the approval of the
board of supervisors, may establish a session of the superior court
in any city with a population in excess of seven thousand (7,000)
inhabitants and in which the city hall is located more than thirty
(30) miles from the county courthouse if the judge or a majority
of the judges determines that such session is necessary to serve
the convenience of the residents of the county and promote the
ends of justice.
Part-time Sittings of Court:
Section 69745. A session of the superior court may be held for
a period not exceeding two weeks in any one month at each city
with a population of not less than 7,000 in which the city hall is
not less than 55 miles from the site of the county courthouse.
Either Regular or Part-time:
Section 69744.5. When the judge, or a majority of the judges,
of the superior court deem it necessary or advisable, by order filed
with the county clerk and published as he or they prescribe, he
or they may direct that the court be held at least once a week
at any designated place in the county, not less than 45 miles
distant from the county seat measured by airline. The place desig-
nated shall be within a judicial district, composed wholly of unin-
corporated territory, with a population of more than 40,000 as
determined pursuant to Section 71043. The judge or a majority
of the judges may limit the type of judicial proceedings which
may be heard by the court at such place to probate matters and
matters relating to domestic relations.
Not Clear, hut ProhaMy Temporary Sittings of Court Intended:
Section 69744. When the judge or judges of the superior court
of a county deem it necessary or advisable, by order filed with
the county clerk and published as he or they prescribe, he or they
may direct that the court be held or continued :
I
COMMITTEE REPORT ON OPERATION OF THE COURTS 83
(a) At any place in the county, not less than 120 miles distant from
the county seat.
(b) At any other city in the county with a population of not less
than 7,000, in which the city hall is not less than 55 miles from
the site of the county courthouse.
(c) At any other city in the county with a population of not less
than 2,200 in which the city hall is not less than 60 miles from
the site of the county courthouse.
There are no statutory provisions regulating the administration of
branch courts, fixing their "venue," providing for the type of cases
they shall try, etc. These matters are governed by court rules. (See, for
example, Kules for the Ijos Angeles Superior Court, Rules 17 to 23.)
LOS ANGELES COUNTY BRANCH SUPERIOR COURTS
The County of Los Angeles has 10 branch superior courts, ranging
in size from one judge to six judges, and in distance from the county
courthouse from 5.7 miles to 28 miles. The type of cases heard in the
branch courts varies : the smaller branches do not handle criminal or
juvenile matters.
Burbank
Jurisdiction : Civil, divorce and domestic relations, probate, adoptions.
Location: Court occupies county-owned space at 300 East Olive,
Burbank (two courtrooms).
Judges : One.
Distance to county courthouse : 9.5 miles.
Distance from nearest branch court (Glendale) : Four miles.
Compfon
Jurisdiction : Civil, divorce and domestic relations, probate, adoptions.
Location: Court occupies county-owned space at 212 South Acacia
Street, Compton (one courtroom).
Judges: One.
Distance to county courthouse : 11 miles.
Distance from nearest branch court (South Gate) : 4.6 miles.
Glendale
Jurisdiction : Civil, divorce and domestic relations, probate, adoptions.
Location : Court occupies leased space at 120 North Howard, Glen-
dale. County-owned facilities are being constructed, due to be
completed by July, 1958. Two courtrooms are being constructed
but only one is to be finished for use in 1958 by the superior court.
Judges : One.
Distance to county courthouse : 6.5 miles.
Distance from nearest branch court (Burbank) : Four miles.
Inglewood
Jurisdiction : Civil, divorce and domestic relations, probate, adoptions.
Location : Court occupies county-owned space at 110 E. Regent Street,
Inglewood (two courtrooms, one available for use, one not finished
for use at this time but is to be finished in near future).
84 COMMITTEE REPORT ON OPERATION OF THE COURTS
Judges : One.
Distance to county courthouse : Xine miles.
Distance from nearest branch court (Santa Monica) : 8.3 miles.
Long Beach
Jurisdiction : Civil, divorce and domestic relations, probate, adoptions,
criminal, juvenile.
Location : Court occupies leased space at 100 East Ocean Boulevard,
Long Beach. County-owned facilities are to be constructed, due to
be completed in 1960. Eight courtrooms will be provided for the
superior court.
Judges : Seven.
Distance to county courthouse : 20 miles.
Distance from nearest branch court (Compton) : Nine miles.
Pasadena
Jurisdiction : Civil, divorce and domestic relations, probate, adoptions,
criminal.
Location : Court occupies county-owned space at 200 North Garfield,
Pasadena (three courtrooms).
Judges : Three.
Distance to county courthouse : 8.8 miles.
Distance from nearest branch court (Glendale") : Six miles.
Pomona
Jurisdiction : Civil, divorce and domestic relations, probate, adoptions,
criminal.
Location : Court occupies leased space at 315 "West Second Street,
Pomona. County-owned facilities are being constructed, due to be
completed by July, 1958. Two courtrooms will be provided for the
superior court.
Judges : Two.
Distance to county courthouse : 28 miles.
Distance from nearest branch court (Pasadena) : 23 miles.
Son Fernando
Jurisdiction : Civil, divorce and domestic relations, probate, adoptions.
Location: Court occupies county-owned space at 919 First Street,
San Fernando (one courtroom).
Judges : One.
Distance to county courthouse : 19.5 miles.
Distance from nearest branch court (Burbank) : 10.3 miles.
Santa Monica
Jurisdiction : Civil, divorce and domestic relations, probate, adoptions,
criminal, juvenile.
Location: Court occupies county-owned space at 1725 Main Street,
Santa ^lonica (3 courtrooms).
Judges: 2.
Distance to county courthouse : 14.5 miles.
Distance from nearest branch court (Inglewood) : 8.3 miles.
COMMITTEE REPORT ON OrERATION OF THE COURTS 85
South Gate
Jurisdiction : Civil, divorce and domestic relations, probate, adoptions.
Location: Court occupies county-owned space at 8650 California,
South Gate (1 courtroom).
Judges: 1.
Distance to county courthouse : 5.7 miles.
Distance from nearest branch court (Compton) : 4.6 miles.
In addition to these 10 "full-time" branch courts, a session of the
superior court will be held at Lancaster one day per week starting
January 10, 1958. It will operate as a branch of the San Fernando
branch court.
The caseload or volume of judicial business varies greatly from one
branch court to another, being the least in the Burbank branch and the
most in the Long Beach branch. A complete breakdown prepared by
the county clerk of the filings and dispositions of cases in the branch
courts and at the county seat is shown in charts attached hereto.
In the 1956-57 Fiscal Year, 23.5 percent of the total Los Angeles
County filings and 23.8 percent of the total Los Angeles County
dispositions of cases were in branch courts. (Twenty years ago these
percentages were only about 10 percent and 10 years ago were only
about 12 percent.) A greater proportion of the county uncontested
matters are heard in the branch courts, however, than of the county
contested cases. Again using the 1956-57 records of the county clerk,
almost 35 percent of the total county dispositions of uncontested
matters were in branch courts, whereas only about 17.5 percent of total
county dispositions of contested matters w^ere heard in branch courts.
The judges of the Superior Court of Los Angeles County have
adopted certain rules relating to the "venue" and administration of
branch departments. (Rules for the Superior Court of Los Angeles
County.)
Rule 17 provides that each branch department shall have a certain
territory surrounding it to be known as "the district" of such branch
department, the boundary of which district is delineated by the rule.
Rule 18 provides for the "venue" of branch departments by setting
forth when certain civil actions and proceedings may be originally
filed in a branch court, or, if filed at the county seat, may be transferred
to a branch department. By way of illustration, some of these cases are :
(1) Actions for the recovery or partition of real property, or the
foreclosure of mortgages thereon.
(2) Actions in tort where the cause of action arose in the branch
court district.
(3) Actions involving personal property where the cause of action
arose or the property is located in the district.
(4) Probate matters where the deceased was a resident of the district.
(5) Divorce actions where plaintiff resides in the district.
Etc., Etc.
Rule 20 provides that the party instituting any civil action or pro-
ceeding which may properly be filed in a branch department may
concurrently file a "Certificate of Assignment" stating the name of
the branch in which the case may properly be filed and the facf:s
86 COMMITTEE REPORT ON OPERATION OF THE COURTS
showing- such filing to be proper. Upon the filing of such certificate the
case is filed in and assigned to the branch which the certificate shows
to be proper. If it subsequently appears the filing was not proper the
case may be ordered transferred to the county seat or the proper branch
court.
Any case which is originally filed at the county seat but subject to
transfer under Rule 18 may, upon application by either party to the
presiding judge, be transferred to the proper branch court.
Rule 22 provides for the filing of duplicate pleadings and other
papers, the originals to be kept on file at the branch court and the
copies or duplicates at the county seat.
The selection of prospective jurors for the branch courts in Los
Angeles County is made from within the district of the particular
branch court. The jurors for the county seat court, on the other hand,
are selected from the entire county. When the name of a person who
lives in a branch court district is selected for jury ser\'ice, he is given
his choice of serving either at the branch court of his district, or at
the county seat. Since the number of jury cases in certain branch
courts is small, the person might be subject to call for jury service
there for many months, whereas, at the county seat, he will complete
his service within one calendar month.
BRANCH COURTS IN OTHER COUNTIES
Alameda County
There are no branch superior courts presently in Alameda County,
although two cities now meet the population and distance-from-the-
county-seat requirements. San Leandro, 7.5 miles from the county
courthouse, has an estimated population of 67,000. Hayward, 14 miles
from the courthouse, has an estimated 49,000. However, since these two
cities are closer together than 14 miles, they cannot both become
entitled to a branch superior court (Govt. Code, Sec. 69749).
Berkeley (4.81 miles) and the City of Alameda (2.63 miles) are too
close to the county courthouse to qualify. The new city of Fremont in
the southern part of the county is 24 miles distant but presently has
insufficient population (estimated 24,000).
Confra Cosfa County
Richmond (about 13 miles from the county seat, Martinez) has a
branch superior court which was established in June 1945. It now has
one judge but will soon have two. The five judges rotate sitting in that
city. There is one master calendar for the county and so far as possible
the convenience of attorneys and litigants is taken into account in
assigning cases for trial at the Richmond branch. All original filings
and records are kept at the county seat, with duplicate papers at the
branch court if the case was originally filed there.
Orange County
Space has been provided for hearings in superior court in the City
Hall at Fullerton, and sessions have been held there since September
1957. Fullerton has a population in excess of 43,000 and is about 12
miles from the county seat.
COMMITTEE REPORT ON OPERATION OF THE COURTS 87
Riverside County
There is a full-time, one- judge branch court at Indio (population
about 8,000) 75 miles east of the county courthouse at the City of
Riverside. Cases are assigned there which arise in a district comprising
the eastern half, more or less, of the county. The branch was established
on September 9, 1953.
San Bernardino Counfy
A department of the superior court has been sitting in Ontario one
day a week since November 8, 1957. It hears only default matters, pre-
trial conferences, short cause trials, order-to-show-cause objections, and
the like.
San Diego County
This county has no branch courts at present, but it is reported that
there is a great deal of pressure from the North County Bar and other
heavily populated areas for branches. It would appear that Oceanside
is eligible or about to become eligible for a branch court (20,000 popu-
lation and more than 30 miles).
Son Mateo County
South San Francisco, with a jiopulation of slightly more than 35,000
and 16 miles from the county seat, is now eligible for a branch court.
Daly City is nearing eligibility but since it is only about 4 miles from
South San Francisco it will not qualify for a branch court if a branch
is first established at South San Francisco.
The City of San Mateo also appears to be eligible, having a popula-
tion in excess of 60,000 and being more than 6 miles from the county
seat.
Santa Barbara County
A department of the superior court was established in Santa Maria,
75 miles north of the City of Santa Barbara, in 1931. The two judges
in the county alternate in presiding over the Santa Maria department.
Actions which arise in the two northern supervisor districts are heard
at the Santa Maria branch. All original records are kept at the county
seat.
Santa Clara County
There are three cities in Santa Clara County that are eligible, or
nearly so, for the establishment of branch superior courts :
Palo Alto with a population of 44,000 and 18 miles from the county
courthouse ;
Sunnyvale with a population of 35,000 and 10 miles from the county
courthouse ;
Gilroy with a population of 6,000 (7,000 required) and 30 miles
from the courthouse. (Optional, not mandatory.)
Since Palo Alto and Sunnyvale are only about eight miles apart, if a
branch court is established at either city the other would automatically
be disqualified.
A site for a superior court branch courthouse (plus municipal court)
is now being sought in the southern limits of Palo Alto.
88 COMMITTEE REPORT ON OPERATION OF THE COURTS
Solano Counfy
There is no braueh court in Solano County as yet, but it -would ap-
pear that Vallejo is nearly eligible for one, being 15.4 miles from Fair-
field and having a population of almost 35,000.
Ventura County
Ventura County presently has no branch court, but Oxnard, about
nine miles from the county seat, and Tvith a population of more than
28,000, is aproaching eligibility (35,000 required).
In some counties there are probably sufficiently populated unincor-
porated areas which, if incorporated into cities, would be eligible for
branch courts. Therefore it is difficult to predict precisely where branch
courts may come into existence within the foreseeable future under the
present statutory formulae.
Many additional branch courts could be established in a number of
counties under the various permissive or optional statutory provisions.
THE MAJOR CRITICISMS AND PROBLEMS
The principal complaints against the branch-court system in Los
Angeles Countj^ at least are to the effect that, although some decentral-
ization is desirable, it has gone too far, that the superior court has been
split up and dispersed into too many small, single-judge branches,
Avhich it is contended are inefficient and uneconomical, and that
branches have not always been established in the best locations to serve
the people.
Some of the specific problems that seem to require study and consid-
eration are :
(1) Is a one- judge branch court significantly less efficient than a
larger, multi-judge court?
(2) Even if a single-judge branch court is less efficient, is it justi-
fied on the ground of convenience to litigants, witnesses, jurors
and attorneys ? Whose conA^enience should primarily be served ?
(3) If it is determined that there should be a consolidation of some
of the smaller branches, which ones should be consolidated and
where should the new consolidated courts be located?
(4) Should a branch court be established at Beverly Hills (popula-
tion over 30,000. more than 8 miles from Los Angeles Civic
Center and 7 miles from Santa Monica) ? Bills have passed the
Legislature twice authorizing a branch at Beverly Hills but
they were vetoed by the Governor.)
(5) Should the location of branch superior courts be determined by
the superior court judges and the board of supervisors rather
than by statutory formulae as at present ?
(6) If, on the other hand, the requirements for the establishment
of branch courts are to continue to be prescribed by statute,
what should be the statutory formulae? Are the present popu-
lation and distance prerequisites realistic?
(7) Under present formulae, no new branches may be established
within 14 miles of an existing branch. Where two neighboring
cities (such as San Leandro and Hayward. or South San Fran-
cisco and Daly City, or Palo Alto and Sunnyvale) are each
COMMITTEE REPORT ON OPERATION OF THE COURTS 89
about to qualify for a branch, the first city to acquire its branch
automatically eliminates the second city, although the estab-
lishment of a branch court in the second city might better serve
the convenience of a greater number of people.
(8) Should a county such as Los Angeles be divided into a number
of autonomous judicial districts, each with its own superior
court, the judges elected by the people of the particular
district ?
Some of the problems that have been mentioned relating to the
' ' venue ' ' and operation of branch courts in Los Angeles County are :
(9) Should there be a revision of the Los Angeles Superior Court
rules to require two or three adjacent small branch courts to
be placed under one master civil calendar for the purpose of
utilizing more fully the courts' time?
(10) Should there be a revision of the rules to permit cases to be
filed in adjacent branch courts?
(11) Should there be a revision of the rules to allow probate mat-
ters to be filed in the branch court where the attorney maintains
his office because most appearances are by the attorney alone ?
(12) Should the rules be revised to grant jurisdiction over criminal
cases to any branch courts besides Long Beach, Pasadena,
Pomona, and Santa Monica ?
SOME OF THE RECOMMENDATIONS THAT HAVE BEEN MADE
The Branch Courts Committee of the Superior Court of Los Angeles
County has recently made the following recommendations to the Ad-
visory Committee of the Joint Judiciary Committee :
"1. That the County of Los Angeles be divided into a limited
number of superior court districts in such manner as to afford the
greatest convenience to the public. That in defining such districts,
present population, as well as estimated future population, topog-
raphy, highways, transportation facilities, etc. be controlling rather
than the existing boundary lines of cities located within such dis-
tricts. That each of such districts have a population of not less
than 300,000 people in order to limit the number of single depart-
ment branch courts and to provide for a greater number of more
efficient and more economical multidepartment regional courts.
' ' 2. That the division of the county into superior court districts
be delegated to the board of supervisors of the county as was done
by the Legislature in the reorganization of municipal and justice
courts.
"3. That the foregoing program be accomplished with as little
disturbance of existing facilities as reasonably possible, having in
mind the overall longterm objective of locating multidepartment
branch courts in strategic areas throughout the county.
"4. That the location and adequacy of facilities proposed by the
board of supervisors for branch courts shall be approved in ad-
vance by a majority of the judges of the superior court."
The Courts Committee of the Municipal Court Judges Association of
Los Angeles County recommends the consolidation of all trial courts in
90 COMMITTEE REPORT OX OPERATION OF THE COURTS
Los Angeles CountT (and certain other countiesj. including all munic-
ipal courts, justice courts and tlie existing superior court, into one
trial court of unlimited jurisdiction termed the superior court. It is
proposed that, for the present time at least, all courts under the new
plan use the same courtrooms now being used by all the trial courts in
the eountr, including superior, municipal and justice. ''In localities
where there is now one municipal court only, it will be a superior
court. Where there are several municipal courts and or superior courts
in one locality, they will all be superior courts. The present justice
court facilities will become superior courts, serviced by the nearest su-
perior court judge part time on 'circuit court' basis, as business war-
rants.
"Xew courts will be established in areas where the superior court
judges feel they are needed, instead of by legislative act." (Page ii of
report.)
The adoption of this plan would establish departments of the su-
perior court at 17 new locations in Los Angeles County in addition to
the present 11 locations, namely:
Alhambra Downey Santa Anita
Antelope East Los Angeles Soledad
Beverly HiUs El Monte South Bay
CataKna Los Cerritos Torrance
Citrus Malibu Whittier
Culver City San Antonio
Professor James G. Holbrook of the University of Southern California
School of Law, Director of the Survey of the Metropolitan Trial Courts
of the Los Angeles Area, has made certain proposals with respect to
branch superior courts in Los Angeles County as follows:
"The branch courts of the superior court should be so located
as ultimately to create no more than nine branches. This should be
planned in a manner to: (1) prevent the widespread growth of
single judge courts, (2) provide for the placement of multijudge
courts in areas throughout the county where justified, and (3)
accomplish this with as little disturbance of existing locations as
reasonably possible.
"An immediate moratorium on the creation of new branch courts
should be declared. This should be for at least a two-year period.
It should be accomplished either by a direct declaration of such a
moratorium or by an amendment preventing new branches within
12 miles of one another and of the Civic Center instead of the
existing eight-mile provision. (This has been done. The distance
was set at 14 miles. Stats. 1957 Ch. 993.)
"An example of a possible program for the branch courts which
would fall withia the terms of the general recommendation and
which has much to commend it, would be :
"The Pasadena. Santa Monica, Long Beach, Pomona and San
Fernando courts could be continued in their present status with
the realization that while San Fernando and Pomona are single
judge courts, the rapid growth in these areas will ultimately jus-
tify additional judges.
1
COMMITTEE REPORT ON OPERATION OF THE COURTS 91
"The South Gate and Compton courts could be combined as a
multijudge court to be located at South Gate.
"The Burbank and Glendale courts could be combined as a
multijudge court to be located at Burbank.
"The Inglewood court could be ultimately augmented by an ad-
ditional judge or judges to meet the growth of population in the
Redondo Beach area as well as in Inglewood itself.
"The requirements for establishment of branch courts should
be so redesigned as to prevent the creation of any other branches
except one at Lancaster or some nearby community, when and if
that rapidly growing area has both sufficient population and liti-
gation to justify a two-judge court.
"Each branch which has at least two judges should also handle
juvenile cases excluding, however, cases involving detention unless
adequate and separate juvenile quarters are available.
' ' Comment :
"The present statutes provide that a branch court may be estab-
lished in a city with a population of 35,000 or more and in which
the city hall is eight or more miles distant from the Civic Center
and the nearest then existing branch court.
"At present Eedondo Beach, West Covina and Whittier have
qualified or are nearing qualification for branch courts and as the
population grows in the county there will be many more requests
for such courts.
"Now is the time to make plans for the future before branch
courts mushroom beyond all control, with increasing cost to the
county. The moratorium will give opportunity for solution of the
problem.
"A substantial majority of the superior court judges (52 out of
71 answering) indicated that there are too many branches, and
52 out of 69 judges answering indicated that the single-judge
branch courts are not efficient. Attorneys interviewed (107 to 55)
agreed. Judges and attorneys submit the following reasons:
"1. In a single-judge branch, the calendar must be set for one
judge only ; if the calendar does not materialize, the judge is idle
for the day. In a multijudge court, more cases can be set, resulting
in less likelihood of all cases being continued or settled.
"2. Since there is only one judge to handle all types of matters,
the court must set aside specific times during the week for special
calendars. Therefore, if a trial is still in progress when a special
calendar day arrives, the trial must be interrupted. This breaks
continuity in the trial which may be prejudicial, especially in
jury trial.
"Further, while 74 percent of the population of the county lives
in branch court districts only 30 percent of the total filings in
1953-54 were in the branch courts. On the other hand 83 percent
of civil filings, 61 percent of domestic relations filings, 82 percent
of criminal filings and 68 percent of the probate filings were at
the Civic Center.
"Were we starting afresh to develop a branch court system for
the county, suggestions other than those set forth might have
92 COMMITTEE REPORT ON OPERATION OF THE COURTS
seemed more desirable. Nonetheless we felt that keeping within the
present structure as far as possible would not only give greater
promise of success in achieving the program but would also be less
wasteful of existing buildings.
"Many suggested adding San Fernando to the Burbank-Glendale
combination, but this was rejected for two reasons. In the first
place the distance factor made the combination less convenient for
the valley residents, and in the second place the San Fernando
Valley is an area of such rapid growth that a multi-judge court
there should be a possibility before too long. It could also continue
to serve the Lancaster area at least temporarily.
"Others suggested Inglewood as a part of the Compton-South
Gate amalgamation. This makes a good deal of sense were it not
for the growing Redondo Beach area. Our example would pre-
serve Inglewood, thus avoiding the abandonment of an existing
court building, continuing a convenient court for the Redondo
area, and reducing the demand for an additional branch at Re-
dondo Beach.
"South Gate is suggested as the site of the Compton-South Gate
combination because the present courthouse at Compton now finds
three of its four courtrooms occupied by divisions of its municipal
court and will undoubtedly find use for the fourth as a municipal
courtroom in the not too distant future, thus making use of the
discontinued branch superior courtroom.
"Burbank is suggested as the site of the combined Burbank-
Glendale branches because it already has space available designed
for but not yet completed as an additional superior courtroom.
Glendale, on the other hand, has its branch in an office building
with no courthouse space available. Furthermore Burbank is fur-
ther from the existing Pasadena court.
' ' The other districts suggested are spaced throughout the county
at convenient intervals with a minimum of change in the present
system. Further, the districts suggested cover the entire county,
thus eliminating the need for ever creating additinoal branch
districts.
"This plan has the added advantage of eliminating further in-
vestment in branch court buildings once this system is instituted.
The investment in branch court buildings to date has been: Bur-
bank, $575,339; Compton, $528,613; Inglewood, $397,717; San
Fernando, $309,772; South Gate, $347,538; Pasadena, $906,278;
and Santa Monica, $350,045. A $5,000,000 building is planned for
Long Beach, a $1,000,000 one for Glendale and another costing
$700,000 for Pomona."
Many other proposals of a less comprehensive nature dealing with
localized or restricted problems have also been made by various local
bar associations and individuals which have not been included herein
in order not to undulj^ lengthen this preliminary report.
GoscoE 0. Farley
Executive Director
December 12, 1957
COMMITTEE REPORT ON OPERATION OP THE COURTS 93
APPENDIX 2
TtiE County op Los Angeles
Board op Supervisors
502 Hall op Records, Los Angeles 12, Calip^ornia, January 15, 1959
Honorahle Board of Supervisors
County of Los Angeles
501 Hall of Records
RECOMMENDATIONS RE BRANCH SUPERIOR
COURT DISTRICTS
Gentlemen : The board of supervisors on January 28, 1958, in-
structed the chief administrative officer and the regional planning com-
mission to study the proposal submitted by the presiding judge of the
superior court, to divide the county into a limited number of superior
court districts, each to be served by a multijudge regional court. The
presiding judge submitted with his request for such a study the recom-
mendation made by the 1957 Branch Courts Committee of the Superior
Court to the Joint Judiciary Committee of the California Legislature
on Administration of Justice, which report had been approved by
unanimous action of the judges of the court. The Branch Courts Com-
mittee recommended substantially that :
(A) The county be divided into a limited number of superior court
districts, giving consideration to population, topography, high-
ways, transportation, etc.
(B) That each district have a population of not less than 300,000
in order to limit the number of single department branch courts
and to provide for a greater number of more efficient and more
economical multidepartment regional courts.
(C) The board of supervisors be authorized by the Legislature to
establish superior court districts as was done by the Legislature
in the reorganization of municipal and justice courts.
(D) That the location and adequacy of branch court facilities pro-
posed by the board of supervisors be approved in advance by
a majority of the judges of the superior court.
(E) That the implementation of a multijudge branch court system
be effected with as little disturbance as reasonably possible to
existing branch court facilities, having in mind the long-term
objective of locating multidepartment branch courts in stra-
tegic areas throughout the county.
In compliance with this order, representatives of the regional plan-
ning commission, the superior court, and the chief administrative office
have conducted a detailed analysis of a superior court branch system ;
have held public meetings at seven widely separated locations in the
county, to which all cities and 22 bar associations have been invited;
and have prepared a plan defining branch superior court districts to
be used as the geographical basis of developing a multijudge regional
court plan,
6— L 4544
94 COMMITTEE REPORT ON OPERATION OF THE COURTS
The recommended branch superior court districts shown on the map
attached — Exhibit A, provides for the immediate division of the entire
county into eight branch superior court districts (exclusive of Civic
Center) in lieii of the present 10 — and for the eventual establishment
of two additional districts necessitated by anticipated population
growth in San Fernando and Antelope valleys. The recommended pro-
posal, shown in Exhibit A and described in more detail in Exhibit B,
was approved by the regional planning commission on December
30, 1958.
As noted above, a series of seven public meetings were scheduled
throughout the county (Inglewood, South Gate, Pomona, Burbank,
Long Beach, Pasadena and Santa Monica) to explain the proposed
superior court districts to the representatives of municipalities, bar
associations and other civic organizations. Maps of the tentative dis-
trict boundaries and supplemental data were distributed to all in
attendance, and the program and district boundaries described in
detail. All in attendance were given full opportunity to review,
criticize and propose amendments to the tentative district boundaries.
Numerous suggestions were received and carefully reviewed upon com-
pletion of the scheduled meetings. Revisions were instituted to develop
the most widely acceptable program and the recommendations of this
report developed. As another result of these meetings, thirty-three
resolutions of endorsement of the multijudge regional court program
have been received from 18 municipalities, chambers of commerce, bar
associations, and other civic improvement associations. From this re-
sponse, it is concluded that municipalities and interested community
organizations generally support the proposed superior court branch
districts.
To our knowledge, no opposition has been voiced to the fundamental
principles involved in the proposed multijudge regional court program.
The Beverly Hills Bar Association, supported by the city council of
that city, is desirous of locating a branch superior court within the City
of Beverly Hills, and has requested that a separate district be created
including the territory of the Cities of Beverly Hills, Culver City and
adjacent areas to be known as the Westside District. This opposition
is primarily related to the location of the court rather than against
the basic plan of establishing multijudge regional courts.
It is emphasized at this point that the proposal herein presented to
the board of supervisors is a recommendation on the boundaries of
branch superior court districts which will form the basis for the de-
velopment of a system of multijudge regional courts to serve each such
district. This report has not concerned itself with a discussion of or
recommendations as to a specific location of court facilities within any
of the recommended branch districts. The decision as to the eventual
placement of multijudge courts within each district will be accom-
plished as the need for additional construction of facilities occurs —
and will be decided obviously with as little disturbance of existing
locations as is reasonably possible.
Proposed Dlstrkfs
The proposed branch superior court districts are briefh' described
below, with estimated present and projected population as of 1980.
COMMITTEE REPORT ON OPERATION OF THE COURTS
95
Exclusive of the central area, 1958 population of the branch districts
ranges from 850,581 to 840,240. In 1980, the districts will range in
population from 750,000 to 1,178,000.
Populafion
District t958 1980
Central 1,090,463 1,415,000
North Central 379,992 750,000
Arc(t hvludcd
Central portion of Los Angeles Cityl
Northeast 572,159 796,000
East 350,581 1,178,000
Southeast 760,109 1,032,000
l^nrhank, (jlendale, portions of Los
Angeles, and various unincorporated
areas.
Pasadena, South Pasadena, San Ma-
rino, San Gabriel, Alhambra, South
El Monte, El Monte, Arcadia, Mon-
terey Park, Sierra Madre, Mon-
rovia, Bradbury, and Duarte ; some
unincorporated areas.
Azusa, Glendora, LaVerne, Clare-
mont, Pomona, Covina, Irwindale,
Baldwin Park, West Covina, La
Puente, industry ; substantial unin-
corporated territory.
Montebello, Whittier, Pico-Rivera,
Santa Fe Springs, Downey, Vernon,
Maywood, Huntington Park, Bell,
South Gate, Lynwood, Compton,
Paramount, Bellfiower, Norwalk,
Dairy Valley ; some unincorporated
territory.
Long Beach, Signal Hill, Lakewood,
Avalon, Palos Verdes Estates, Roll-
ing Hills Estates, Rolling Hills,
portions of Los Angeles City (Sau
Pedro-Wilmington area) ; sizable
unincorporated areas.
Inglewood, Hawthorne, Gardena, El
Segundo, Manhattan Beach, Her-
mosa Beach, Redondo Beach, Tor-
i-ance, portions of Los Angeles City ;
some unincorporated territory.
Beverly Hills, Santa Monica, Culver
City, substantial portions of West
Los Angeles ; extensive unincorpo-
rated areas.
North portion of county and future
northwest and west valley.
San Fernando, portions of City of
Los Angeles ; substantial unincor-
porated territory.
775,000 Portion of City of Los Angeles (San
Fernando Valley — south) ; uninc()r-
porated territory.
1 With the exception of Los Angeles, each city is entirely within a single Superior Court District.
2 Present population is included in North District.
The proposal for the creation of the ''westside district" was given
extended and careful consideration. The boundaries would approxi-
mate La Brea Avenue on the east, the Baldwin Hills on the south,
Sepulveda Boulevard on the west and Mulholland Drive in the Holly-
wood Hills on the north. It would include the Cities of Beverly Hills
South 580,124 793,000
Southwest 840,240 1,036,000
West 484,266 1,019,000
North 699,082 1,056,000
Future northwest
Future west valley.
750,000
96 COMMITTEE REPORT ON OPERATION OF THE COURTS
and Culver City, considerable portions of the City of Los Angeles and
unincorporated islands, comprising areas from the recommended
central and west districts.
Statistically, the following population situation would apply:
Population
Present 1980
West District (as recommended in this
report) 484,266 1,019,000
Average in all districts recommended in
this report 640,335 963,636
Revision proposed hy Beverly Hills
Westside District (Beverly Hills, Culver
City, etc.) 324,000 673,000
West District (as reduced)
(Santa Monica, Malibu, etc.) 252,000 508,000
This tabulation demonstrates that the creation of the proposed West-
side District would result in the added district serving 50 percent less
than the average population at present and 33 percent less by 1980.
More seriously, the reduced West District would serve 60 percent less
than the average population now and about 47 percent less in 1980.
It is therefore concluded that statistically, as weU as geographically
and economically, the division of the recommended West District is
not desirable.
The City Council of the City of Santa Monica, the Santa Monica
Bar Association and the Culver City Bar Association endorse the
establishment of the West District as recommended.
Existing Branch Superior Courts
There are presently 10 full-time branch superior courts. In addition
sessions are being held at Lancaster one day weekly. Each of these 10
branches was established in the city which bears its name under manda-
tory provisions of the Government Code — all provisions using some
formula of population and distance from the Civic Center. Succeeding
population and distance formulae have been added to the statutes by
piecemeal legislation from time to time to accommodate local interests
in their desire to have a session of the superior court held in their
city; thus, six separate statutory sections of the Government Code
have been used to create the 10 existing branches of the superior court
(see Appendix C for the Government Code sections).
The present branch courts, the dates of their establishment, and the
number of presentlj'^ assigned full-time judges are:
Burbank 1950 1 Pasadena 1931 2
Compton 1949 2 Pomona 1933 2
Glendale 1943 1 San Fernando 1947 1
Inglewood 1947 2 Santa Monica 1936 3
Long Beach 1928 7 South Gate 1949 1
(Court commissioners and assigned judges assist in some instances.)
It has been the procedure of the superior court, upon a branch court
being located in a city by legislative mandate, to set up a district
around such court. Since state statutes forced the creation of branches
COMMITTEE REPORT ON OPERATION OF THE COURTS 97
in each of the immediately adjacent foothill cities of Pasadena, Glen-
dale, and Burbank — and in each of the relatively adjacent sonthwest
cities of Inglewood, South Gate, and Compton, it lias been impossible
to establish a logical district plan with regional conrts strategically
located so as to adequately serve the entire county.
Thus, continuation of the present districts is not at all desirable.
The existing districts would in 1980 range from a population low of
327,000 to a high of 2,500,000.
THE NEED FOR LEGISLATION TO LIMIT THE NUMBER
OF BRANCH SUPERIOR COURTS
With the gradual growth of the county, it has been apparent for
some time that the legislative formulae were entirely inconsistent with
the proper regional location of the courts and the proper organization
and management of the superior court. The 1956 Holbrook survey of
metropolitan trial courts recommended an immediate legislative mora-
torium on the creaition of new branch courts, stating that a moratorium
was urgently necessary to give opportunity for solution of the problem
before mushrooming single-judge branch courts increased beyond all
control.
At the instigation of the Los Angeles County Board of Supervisors
and the superior court, a "moratorium" was etfected during the 1957
session by a legislative amendment preventing the establishment of
new branches within 14 miles of each other instead of the then existing
eight-mile provision. The effect of this amendment was to prevent the
growth of single-judge courts in new and separate locations, for under
the prior existing eight-mile provision, the Cities of Redondo Beach,
West Covina, Pico Rivera, Norwalk and Whittier would now be quali-
fied for branch courts.
Since the present prohibition is a legislative matter, it is subject to
requests for modification at any time. Should it be repealed in its
entirely, 10 other cities would automatically qualify and at least an
additional 15 would become eligible between now and 1980. It is neces-
sary for responsible county officers and the judges to submit a positive
program for the orderly establishment of branch superior courts in
Los Angeles County. Otherwise, the inevitable result is administrative
and judicial chaos. In many locations, there would be insufficient case-
loads to keep even a single judge busy. The economy and quality of
justice which can be realized from multijudge regional branch court
operations would be lost. Finally, the economies of construction under
the multijudge regional plan would not be realized.
Control of the physical growth and development of superior court
operations should rest locally with the board of supervisors — with the
advice and recommendations of the superior court. Local control and
local planning has made possible the development of our Avidespread
but strategically located groupings of Civic Center buildings through-
out the county to provide other needed services to heavily populated
areas in communities on a sound basis of service, economics, and good
management. This principle was recognized in the legislation governing
inferior court reorganization, by the Legislature's placing in the hands
98 COMMITTEE REPORT OX OPERATIOX OF THE COURTS
of local county boards of supervisors the authority to (1) establish the
boundaries of the judicial district, and (2) determine the location of
the courts. There is no logical reason why a different method should
be used with respect to the superior court. Therefore, it is recommended
that the present statutes be amended so as to place this authority and
responsibility with the board of supervisors in Los Angeles County.
ADVANTAGES OF A MULTIJUDGE REGIONAL COURT PLAN
The establishment of the proposed districts will permit branch opera-
tions to be conducted on a multijudge regional basis. This will —
(1) Permit the Maximum Utilization of Judicial Time
A master calendar system can be used in a multi.judge court. This
enables judges to be operated as a pool and permits maximum produc-
tion. In a single-judge court, the calendar must be set for one judge
only ; if the calendar does not materialize because cases are either con-
tinued or settled out of court, the judge is idle for the day.
The consensus of the superior court judges indicates a two- judge
court may calendar and dispose of three times as many cases as a
single- judge court. Also, according to the Holbrook survey, a great
majority of attorneys interviewed agreed with the greater efficiency
possible under a multijudge court.
(2) Improves the Administration of Justice
Since a single judge must handle all types of matters, specific times
must be set aside during the week for special calendars. Consequently,
when a trial must be interrupted to accommodate the special calendar,
the litigants, attorneys and witnesses are inconvenienced, and the jurors
are disturbed. In a multijudge court the trial may proceed on an unin-
terrupted basis, while other short cause actions and special calendars
can be handled by another judge.
(3) Results in Economies of Operations
Any plan productive of liigher and more efficient use of judicial man-
power will reduce operating and construction costs because of reducing
the need for the number of judges and courtrooms otherwise necessary
under a widely scattered single judge organization.
(4) Provides a Master Plan for Superior Court Branch
Development Throughout the County
Branch superior court operations should be developed according to a
master plan, in the interest of service and economy, just as is customary
with other governmental activities. Development should be based on
need and logic — not on artificial formulae, gerrymandered to permit
purely local pride to be served by the establishment of a courthouse.
Xow is the time to adopt such a plan — with built-in flexibility for
future adjustments as may be found feasible and desirable — before the
present already heterogenous design mushrooms out of all sensible
control.
COMMITTEE REPORT ON OPERATION OF THE COURTS 99
ACTION PROPOSED TO BE TAKEN BY BOARD OF SUPERVISORS
We are proposing that the board of supervisors approve the prin-
ciple of a multijudge regional court plan for branch supervisor court
operations and that the board further approve the branch districts as
outlined in Exhibits A and B. Board adoption of the program would
have no particular legal effect and would not legally establish the dis-
tricts as defined, because no authority for these acts now reposes with
the board of supervisors. However, we strongly urge the board to
approve both the multijudge principle and the districts defined so that
a formally approved local solution of branch court problems can be
presented to the Legislature as evidence of a firm proposal for the
consideration of the Joint Committee of the California Legislature on
the Administration of Justice and the Legislature itself.
The next step would be to obtain legislation to place with the board
of supervisors rather than in the State Legislature authority to estab-
lish districts and locate courts in the County of Los Angeles. In seeking
such legislation, both the board and the judges of this county would be
in a firm position of stating objectively what they will put into effect
as soon as such authority is granted. Therefore, it is
Recommended:
1. That your board sponsor legislation during the 1959 Legislative
Session which will provide :
A. Authority for the board of supervisors of this county to estab-
lish superior court districts not to exceed nine in number and
with authority to add two districts when, in the opinion of the
board, population increases justify.
B. Authority for the board of supervisors of this county to de-
termine the location and adequacy of branch superior court
facilities, subject to approval by a majority of the superior
court judges.
2. That the countj' counsel be instructed to draft and introduce the
necessary legislation at the current session.
3. That the plan of superior court districts as shown by Exhibit A
be approved, with the declared intent to enact the necessary bound-
ary ordinance when the enabling legislation becomes effective.
Very truly yours,
L. S. HOLLINGER
Chief Administrative Officer
Milton Breivogel
Director of Planning
BRANCH SERVICES-SUPERIOR COURT
County of Los Angeles
Purpose of Study
Continuing population increases and rapid urbanization of Los
Angeles County necessitate expansion of the superior court's branch
services. An orderly, planned system of organization is needed to assure
availability and convenience of such services with proper considerations
100 COMMITTEE REPORT OX OPERATIOX OF THE COURTS
being giTen to economy, operational effectiveness and adequate facili-
ties.
Authority for Survey
The board of supervisors on January 28, 1958, ordered the chief
administrative officer and the regional planning commission to study
division of the county into a limited number of superior court districts.
This order was adopted pursuant to a request of the Presiding Judge
of the Superior Court of Los Angeles County.
Authority for Courts
The superior courts are organized under Article VI. Section 6 of the
Constitution of the State of California (See Exhibit C). Eligibility
and regulation of "Sessions" of superior courts are established in
Article 5, Chapter 5, Title 8 of the Government Code of the State of
California. (Applicable code sections shown in Exhibit C.)
Basic Data
History
The superior court was originally established by the California Con-
stitution of 1849, which authorized two judges for Los Angeles County.
There were six judges authorized at the turn of the century, after which
growth gained momentum to 20 in 1917, 50 in 1931. 80 in 1953 and 90
today. Continued dynamic development of the county indicates judicial
personnel requirements will continue to increase sharply. The explosive
expansion of the county constitutes the major force which has led to
procedural innovations such as "pretrial" conferences and to the neces-
sity for organizational revisions which this study was initiated to
develop.
Heavy Caseload
Population growth is the predominant factor causing increases in
litigation and consequently in workload of the superior court. Among
other characteristics which lead to a high level of Litigation, important
factors are :
1. Manifestations of urbanization which have increased Los Angeles
County's role as a major home office location and resulted in:
a. The highest metropolitan area building construction volume in
the Nation.
b. One of the highest volume passenger air terminals (Interna-
tional) and greatest air freight tonnage depots (Lockheed).
c. One of the major seaports in the Ignited States.
d. Ranking third as an industrial center of the Country.
e. Ranking second in retail sales nationally.
2. The highest ratio of automobile ownership to population in the
world.
S. Air-frame and airplane manufacturing center of the United States.
4. Entertainment production center of the world.
5. Climatic factors — particularly the "smog."
6. One of the major petroleum markets of the world.
7. An unusually cosmopolitan and complex population.
COMMITTEE REPORT ON OPERATION OF THE COURTS 101
Civil actions involving sums in excess of a million dollars are rela-
tively commonplace. Frictions are certain to become acute in a com-
munity of such varied national and ethnological derivatives and bizarre
crimes, as well as average, occur with a high degree of regularity. The
trends of superior court filings are shown in Exhibit D.
Distance Factors
Geography must rank as one of the major factors affecting local
superior court organization. Ijos Angeles County consists of 4,083
square miles, or approximately 30 percent more than the area of Rhode
Island and Delaware combined. Most of the residents are centralized in
the coastal plain, an area covering 1,076 square miles. Daily movement
requirements over such extended distances develop acute and serious
problems. Convenience and a healthy economy have led to wide personal
automobile usage. Transit facilities are almost exclusively motorized
due to distance factors and the needs for flexibility in routings. As a
result of geography, we find traffic an above average contributor to
civil actions in this area and also the nucleus of the complexities which
make the convenient spacing of court facilities most difficult.
Branch Courts
The genesis of branch superior court operation took place in 1928
with establishment of the court facility in Long Beach. Subsequently,
Pasadena, Pomona, and Santa Monica were activated as branch courts
during the next decade. The fifth branch was established at Glendale
in 1943, with Inglewood and San Fernando being added in 1947, and
Compton and South Gate in 1949. The tenth and most recently acti-
vated full-time branch superior court was opened in Burbank in 1950.
Sessions of one day weekly were commenced in 1958 at Lancaster. It
became customary during the period when these branches were set up
for interested jurisdictions and organizations to sponsor state legislation
authorizing code provisions under which their community would qualify
for a branch superior court. There are presently a total of six such
qualifying sections of the Government Code which are applicable to
Los Angeles County. In 1957, Section 69749 was amended to increase
the required distance between branches so as to effect a "moratorium"
on the establishment of additional branch superior courts in the county.
Present Branch Coverage
There is only one superior court in Los Angeles County under the
State Constitution and sessions at other than the county seat are branch
activities of the central court. The 10 existing branches have been estab-
lished on the basis of population, with attendant community growth in
commerce, industry and transportation, and distances from the county
courthouse and other branches. Most branch courts commenced opera-
tions by hearing only certain types of cases and, even today, there is
considerable variance in the types of litigation handled in the 10
branches (See Exhibit E). Civil litigation involving large sums and the
more complex criminal matters are still largely centralized at the Civic
Center facilities. However, the percentage of actions filed in the branch
courts has shown a steady increase (See Exhibit F) and as the multi-
judge, multidepartment development of the branches continues, it ap-
102 COMMITTEE REPORT ON OPERATION OF THE COURTS
pears certain that their caseloads will become more similar and com-
parable to those of the central facilities.
The superior court has operated on a district basis since creation of
the first branch. Upon qualification of a city or area for a branch court,
the Superior Court Rules Committee set up district limits which were
then ratified by majority vote of the judges. These boundaries were not
formalized by legislative enactment but have served constructively as
guide lines in this survey.
Master Calendar
It is customary for each court to schedule or ' ' calendar ' ' for a specific
time the matters it expects to be able to hear and adjudicate. Courts
operated on the "multijudge" or more than one judge basis, develop
what is known as a " master calendar. ' ' In the Civic Center, there are
separate civil and criminal master calendar departments. This proce-
dure enables judges to be operated as a "pool" and permits maximum
production, which in this reference means disposition of cases. Upon
consideration of the above described procedure, it becomes obvious that
the master calendar system also develops maximum utilization of judi-
cial time. It permits expeditious handling of short cause actions and
assignment of hearings to "specialized" departments.
Multijvdge Courts
Practically universal recognition is given to the increased efficiency
of courts with more than one judge. A further advantage of the multi-
judge operation, less frequently noted, is that the qualitative level of
justice is highest in a court where a trial may proceed on an uninter-
rupted basis and the judge may give it undivided attention. Unin-
terrupted trial also provides a maximum of convenience to litigants,
attorneys, witnesses and jurors. The consensus of a large sampling of
judges indicates a two-judge court may calendar and dispose of three
times as many cases as a single judge court. There are strong indica-
tions that, given reasonable facilities and services, the proportion of
dispositions to judges continues to increase with the size of the court
until practical maxima are attained. This factor is of particular impor-
tance to the Los Angeles County Superior Court, where case backlogs
have been increasing at a critical rate and where four of the branch
courts are still one- judge operations.
Need for Changes in Legislaiion Dealing Wiih Branch Courts
There are presently 10 full-time branches of the superior court, plus
one day a week sessions at Lancaster. If the present restrictive provi-
sions of Section 69749 of the Government Code were repealed, making
the establishment of additional branches subject to other provisions of
the Code, 10 additional cities would qualify now for branch courts based
on population and distances from tlie courthouse and other branch
facilities. Under the same conditions, by 1980 a total of 35 cities or
unincorporated communities would qualify for branch court facilities.
Many branch courts would then be serving a population of only a few
thousand with caseloads requiring the time of one judge or less than
the full time of one judge.
COMMITTEE REPORT ON OPERATION OF THE COURTS 103
Present provisions of Section 69749 now prohibit the establishment
of additional branch courts except in the extreme westerly Malibu sec-
tion and in the northern portions of the county, but there is no guar-
antee that its restrictions will continue to exist indefinitely. The 14-mile
limitation might be revised downward or the Section repealed in its
entirety.
Existing superior court districts were analyzed as to the estimated
1980 population. It was found that the population variance of the dis-
tricts would range from a low of 327,000 to a high of 2,500,000. This
evidence conclusively demonstrates that the districts cannot be main-
tained as now established without creating serious disparities in case-
load, imponderable administrative problems and loss of the economies
that can be realized from multijudge regional branch court operations.
In the Holbrook ' ' Survey of Metropolitan Trial Courts— Los Angeles
Area," it was recommended that the county be divided into nine dis-
tricts with a minimum population of 300,000. The branch courts com-
mittee of the superior court, while not attempting to fix the number
of districts, recommended that the county be divided into a "limited"
number of such districts and adopted the same minimum figure of
300,000 population. Studies indicate that the basic minimum popula-
tion served in 1980 to secure the economies of multijudge courts would
approximate 750,000 and that an organization so based will provide
economies in branch court operations.
The factors discussed above, along with the multiple eligibility pro-
visions of the Government Code have developed the need for passage
of new legislation applicable to Los Angeles Count}^ This legislation
should provide a sound basis for the development of a logical multi-
judge regional court program and include provisions for improved
flexibility in making desirable adjustments.
Factors Considered in Preparing Recommendations
The following factors were considered in the development of the rec-
ommendations of this report.
1. Population — Present and Projected
Districts were defined to meet the problems and needs of today.
These tentative districts were then related to projected population
growth and adjusted accordingly. The minimum present popula-
tion of any one of the proposed districts is 350,581, with the maxi-
mum of 1,096,463 continuing to be served by the central district.
For the future, or 1980 population, the minimum district would
have 750,000 while there will be approximately 1,415,000 then
residing in the central district (see Exhibit H).
Various numbers of districts and a range of boundary qualifica-
tions were studied before firm recommendations were developed.
Comparatively, the branch courts committee had recommended
division of the county "into a limited number of superior court
districts * * *." (See Exhibit G.) The districting proposed by
this report is considered to fall directly within the standards of
the committee recommendation. Professor Holbrook stated in his
survey report ' ' the branch courts shall be so located as ultimately
to create no more than nine branches. ' ' The only notable proposed
104 COMMITTEE REPORT ON OPERATION OP THE COURTS
exception to this statement resnlts from recommending eventual
division of the San Fernando Valley into two separate court dis-
tricts. This division is recommended because without it, the court
facility in the City of San Fernando would not only be serving
a vast geographic area but by 1980 would, in all likelihood, cover
a population in excess of the total served by the Civic Center
departments.
2. Topography and Highways
The main element of topography that serves as a major barrier
to rapid communication between various parts of the county is the
San Gabriel mountain range. Fortunately, this area is sparsely
populated and readily divides to the north and south. Adjustments
in some of the district boundaries have been made to afford maxi-
mum accessibility to the various habitable areas over direct high-
way'- routes. The Hollywood Hills which extend westward into the
Malibu Mountains have a limited number of through north-south
highways although the respective slopes have very good access to
the north or south. This was recognized in the recommended
boundary along the crest of this range.
The freewaj^ system of 1980 supplemented by the surface high-
w^ay routes offers convenient access within the various districts.
It should be borne in mind that distance alone is not the con-
trolling factor, since travel time and convenient accessibility are
of greater importance in many instances. Since, outside of the
central district, most of the people having business in one of the
branch courts w^ill rely on individual automobiles as their trans-
portation, this question of accessibility has been given major im-
portance in determining the district boundaries.
3. Transportation Facilities
With the exception of the central district, mass transit facilities
are very limited, consisting principally of bus lines. It is generally
believed that any mass transportation facilities that may be estab-
lished in outlying areas as they urbanize will likewise be bus lines.
These will use the freeway and highway network and wall there-
fore provide the same accessibility within the districts as the use
of the private automobile.
4. Existing Court Facilities
The prudent use of existing court facilities has also merited and
received serious consideration. The maladjustments due to individ-
ual and separate establishment of branches of the superior court
without a master plan have been less fundamental and fewer than
were generally anticipated. Continued future utilization of all
present facilities appears practical for an indefinite period. Addi-
tional construction may be adjusted and integrated to community
developments to minimize costs and maintain maximum efficiency
and convenience.
COMMITTEE REPORT ON OPERATION OP THE COURTS 105
5. Projected Court Operations
It is anticipated that Civic Center departments of the superior
court will continue to hear a large portion of the major litigation.
The percentage of filings and actions in the branch facilities has
been growing and should expand further as nmltijudge operations
and full-scope calendaring become available regionally (see Ex-
hibit F).
Despite this trend, the Civic Center courts are strategically
placed to serve the economic and governmental activities of the
metropolitan complex. Counterbalancing these and related factors
indicates the central facilities will indefinitely command heavier
proportionate filings and case load than the branches. This result
also indicates that the ratio of judges to population will be incon-
sistent, with a considerably higher proportion in the Civic Center
than in the branch courts.
6. Authority to Adjust District Boundaries
A balance between reasonable guarantee of fixed basic district-
ing versus essential flexibility in adjusting boundaries to municipal
annexations, unanticipated developments and unusual require-
ments has been sought. The board of supervisors, as the elective
representatives of all residents of Los Angeles County are the
logical body to exercise the prerogatives needed for making these
adjustments.
A number of municipal officials have expressed strong convic-
tions for including all portions of their jurisdiction within a single
district. This requirement stems from the necessity for detailing
police personnel to appear in the courts on criminal matters. The
necessity for sending law enforcement officers to several court
locations at the same time can develop a severe drain and unwar-
ranted inconvenience. The program recommended has given due
consideration to this factor and provides that no municipality,
other than the City of Los Angeles, will be so divided. Further
incorporations and annexations will in many instances cross
superior court district boundaries and the availability of author-
ity to approve adjustments is vital to effective court operations.
7. Judiciary Approiial of Locations of Branch Courts
The judges of the superior court are the officials who have an
intimate knowledge of the court's problems and requirements.
Their strategic position and long-term court activities as judges
and attorneys qualify them as experts in the field of judicial ad-
ministration. The state law already provides that if "sessions are
authorized by law to be held in * * * (a) city for the first time,
the adequacy of the proposed court's quarters * * * shall be
approved in advance by a majority of tlie judges of the superior
court. (See Exhibit C — Section 69749)." Hence, the proposal for
the judges to approve the location only adds to authority that
already exists as to adecpiacy of superior court facilities. With
judicial consultation and counsel, legislative officials are better
informed to act on proposed locations for branches of the superior
court.
106 COMMITTEE REPORT OX OPERATION OF THE COURTS
APPENDIX 3
Senate Coxstitftioxal Amexdmext No. 11
Introduced by Senator Regan
Janiiarv 17. 1957
REFERRED TO COMMITTEE OX JUDICIARY
Senaie Constitutional Amendmejit Xo. 11 — --1 resolution to pro-
pose to the people of the State of California an amendment
to the Constitution of the State, hy amending Section la of
Article TI thereof, relating to the Judicial Council.
1 Resolved hy the Senate, the AssemMy concurring. That the
2 Legislature of the State of California at its 1957 Regular Ses-
3 sion commencing on the seventh day of January. 1957. two-
■i thirds of the members elected to each of the two houses of
5 the Legislature voting therefor, hereby proposes to the people
6 of the State of California that the Constitution of the State
7 be amended by amending Section la of Article VI thereof
8 to read:
9 Sec. la. There shall be a Judicial Council. It shall consist of
10 the Chief Justice or Acting Chief Justice, and of one associate
11 justice of the Supreme Court, three justices of district courts
12 of appeal, four judges of superior courts, one judge of a police
13 ©1^ municipal court, and one judge of «» inferior a justice
1-4 court, assigned designated by the Chief Justice te sit thereon
15 for terms of two years, and four memhers of the State Bar of
16 California appointed hy the Board of Governors of the State
17 Bar for terms of two years, two of the first such apjjointees to
IS he appointed for one year and two for two years ; provided,
19 that if any judge so assigned designated shall cease to be a
20 judge of the court from which he is asagned selected . his term
21 shall forthwith terminate. The Chief Justice or Acting Chief
22 Justice shall be chairman t ^ve a^ of the council slinll be valid
23 unless concurred «i by sis members, and the ClcrJ: of the
24 Supreme Court shall act as secretary.
25 The Judicial Council shall from time to time :
26 (l^i 'Meet at the call of the chairman or as otherwise pro-
27 vided by it.
28 (2) Survey the condition of business in the several courts
29 with a view to simplifyiug and improving the administra-
30 tion of justice.
I
COMMITTEE REPORT ON OPERATION OF THE COURTS 107
1 (3) Submit such sugijestions to the several courts as may
2 seem in the interest of uniformity and the expedition of
3 business.
4 (-1) Report to the Governor and Legislature at the com-
5 mencement of each regular session with such recommendations
6 as it may deem proper.
7 (5) Adopt or amend rules of practice and procedure for
8 the several courts . «ot moonsistont with laws that fw^ new e^
9 thfbt> «»¥ hcronftey he m force; tffid the council shall submit
10 to the Legislature, a% each regular session thereof, its rccom-
11 mondations with inference te amendments e#T ev- changes 4%
12 existing law relating to practice aftd prccdurcT When any
13 such rules become elective, all laws theretofore or thereafter
14 enacted in co7if\ict therewith sltall have no force or effect.
15 (6) Have the power to appoint an Administrative Director
16 of the Courts of California, ivho shall hold office at its pleasure
17 and shall perform such of the duties of the Judicial Council
18 and its chairman, other than those prescribed in subdivision
19 (5) of this section, as may be delegated to him by it. The annual
20 salary of such administrative director shall be fixed by the
21 council but it shall not be higher than the annual salary of
22 a justice of a district court of appeal.
23 -f^ (7) Exercise such other functions as may be provided
24 by law.
25 No act of the council shall be valid unless concurred in by a
26 majority of its members.
27 The chairman shall seek to expedite judicial business and
28 to equalize the work of the judges, and shall provide for the
29 assignment of any judge to another court of a like or higher
30 jurisdiction to assist a court or judge whose calendar is con-
31 gested, to act for a judge who is disqualified or unable to act,
32 or to sit and hold court where a vacancy in the office of judge
33 has occurred. A retired judge may likewise be assigned with
34 his consent.
35 The Clerk el the Stt^fenae Court shall €tdB e^B secretary el
36 the council.
37 The several judges shall cooperate with the council, shall
38 sit and hold court as assigned, and shall report to the chair-
39 man at such times and in such manner as he shall request
40 respecting the condition, and manner of disposal, of judicial
41 business in their respective courts.
42 No member of the council shall receive any compensation
43 for his services as such, but shall be allowed his necessary
44 expenses for travel, board and lodging incurred in the per-
45 formance of his duties as such. Any judge assigned to a court
46 wherein a judge's compensation is greater than his own shall
47 receive Avhile sitting therein the compensation of a judge
48 thereof. The extra compensation shall be paid in such manner
49 as may be provided by law. Any judge assigned to a court in
50 a county other than that in which he regularly sits shall be
51 allowed his necessary expenses for travel, board and lodging
52 incurred in the discharge of the assignment.
108 COMMITTEE REPORT ON OPERATION OF THE COURTS
appendix 4
Senate Constitutional Amendment No. 14
Introduced by Senator Regan
(Co-authored by Assemblymen Thelin, Busterud, Sumner, Hanna,
MacBride, Francis, Biddick, Crawford, Masterson,
and Bruce F. Allen)
March 4, 1959
REFERRED TO COMMITTEE ON JUDICIARY
I
Senate Constitutional Amendment No. 14 — A resolution to
propose to the people of the State of California an amend-
ment to the Constitution of said State ly amending Sections
la and 8 of, and hy adding Sections Ih, Ic, and lOh to,
Article VI of said Constitution, relating to the administra-
tion of justice, including the manner of appointment, re-
tirement, and removal of judges and the composition and
duties of the Commission on Judicial Qualifications, Judi-
cial Council, and State Bar.
1 Resolved hy the Senate, the Assembly concurring. That the
2 Legislature of the State of California at its 1959 Regular Ses-
3 sion, commencing on the fifth day of January, 1959, two-thirds
4 of all members elected to each of the two houses of the Legisla-
5 ture voting in favor thereof, hereby proposes to the people of
6 the State of California that the Constitution of the State be
7 amended as follows:
8 First — That Section la of Article VI is amended to read:
9 Sec. la. There shall be a Judicial Council. It shall consist
10 of ; (i) the Chief Justice or Acting Chief Justice - aftd ei ; (ii)
11 one associate justice of the Supreme Court, three justices of
12 district courts of appeal, four judges of superior courts, e«e
13 two judge s of a police e*' municipal court s , and one judge of
14 €b« inferior a justice court, assignod appointed by the Chief
15 Justice to sit thereon for terms of two years ; provided, that if
LEGISLATIVE COUNSEL'S DIGEST
S. C. A. 14 as introduced, Regan (Jud.). Administration of justice.
Amends Sees, la and 8 of Art. VI, adds Sees, lb, Ic, and 10b to Art. VI, Const.
Augments membership of Judicial Council to include one Senator, one Assembly-
man, four members of the State Bar, and one additional municipal court judge.
Authorizes Judicial Council to appoint administrative director who may perform
such duties of the Judicial Council, other than the making of rules of practice and
procedure, as are delegated to him. Authorizes Judicial Council to adopt or amend
rules of practice and procedure inconsistent with laws, when expressly authorized
COMMITTEE REPORT ON OPERATION OF THE COURTS 109
1 any justice or judge so assigned appointed shall cease to be a
2 justice or a judge of the court from which he is asfjigucd ap-
3 pointed , his term shall forthwith terminate ; (Hi) one Member
4 of the Senate oppointed hy the Senate and one Member of the
5 Assembly appointed by the Assembly, to serve at the pleasure
6 of their respective houses, who shall participate in the activ-
7 ities of the council to the extent that such participation is not
8 incompatible with their respective positions as Members of the
9 Legislature; and (iv) four members of the State Bar of Calif-
10 fornia appointed by the Board of Governors thereof for terms
11 of two years, two of the first such appointees to be appointed
12 for one year and two for two years; provided, that if any per-
13 son so appointed shall cease to be a member of the State Bar
14 his term shall forthwith terminate. Any vacancy shall be filled
15 hy the respective appointive power . The Chief Justice or Act-
16 ing Chief Justice shall be chairman and the Clerk of the Su-
17 preme Court shall serve as secretary. The council may appoint
18 an administrative director of the courts, who shall hold office
19 at its pleasure and shall perform such of the duties of the coun-
20 cil and of its chairman, other than those prescribed in siibdivi-
21 sions (6) and (7) of this section, as may be delegated to him.
22 No act of the council shall be valid unless concurred in by sis
23 cb majority of its members.
24 The Judicial Council shall from time to time :
25 (1) Meet at the call of the chairman or as otherwise pro-
26 vided by it.
by law. Provides that a judge may, with his consent, be assigned by the chairman
of the Judicial Council to a court of lower jurisdiction, and, with his consent, a
retired judge may be assigned to any court.
_ Establishes a Commission on Judicial Qualifications, which succeeds to the func-
tions of the commission of that name presently provided for in the Constitution
and which may perform other functions as directed by law, which shall consist of
the Chief Justice, or, in his absence, the Acting Chief Justice, two justices of the
district courts of appeal, two superior court judges, one municipal court judge, two
members of the State Bar, and two citizens who are not presently and were not
formerly within the preceding classes, these last two appointments being made by
the Governor subject to Senate confirmation.
Provides that the term of ofiice of municipal court judges, as well as superior
court judges, shall be six years. Requires confirmation by Commission on Judicial
Qualifications of appointment by Governor to superior or municipal court. Provides
that such appointee shall serve until the office is filled by election at second general
election after the accrual of the vacancy, deleting provisions determining when
vacancy on the superior court is filled by election.
Provides that as an alternative to other methods of removal and retirement of
judges, the Commission on Judicial Qualifications, after hearing, may recommend
to the Supreme Court removal of a judge for wilful misconduct in office or wilful
and persistent failure to perform his duties and may recommend to that court his
retirement for disability seriously interfering with the performance of his duties
which is or is likely to become of a permanent character. Requires the Supreme
Court to review the record, and allows it to receive additional evidence, on appli-
cation of the judge or justice affected. Provides for removal or retirement of the
judge or justice by the Supreme Court, requiring it to so order when no review
of the commission's recommendation is asked for, or when there is a review, if it
concludes that such action is just and proper. Spells out other procedural require-
ments with respect to such provisions for removal or retirement.
Provides that the State Bar of California is a public corporation with perpetual
existence and succession, and provides that every person admitted and licensed to
practice law in this state is and shall be a member of the State Bar except while
holding office as a justice or judge of a court of record.
110 COMMITTEE REPORT ON OPERATIOX OF THE COURTS
1 (2) Survey the condition of business in the several courts
2 with a view to simplifying and improving the administration
3 of justice.
4 (3) Submit such suggestions to the several courts as may
5 seem in the interest of uniformity and the expedition of
6 business.
7 (4) Eeport to the Governor and Legislature at the com-
8 mencement of each regular session with such recommendations
9 as it may deem proper.
10 (5) Sulimit to the Legislature, at each general session
11 thereof, its recommendations with reference to amendments of,
12 or changes in, existing laws relating to practice and procedure.
13 -f^ (6) Adopt or amend rules of practice and procedure
14 for the several courts not inconsistent with laws that are now
15 or that maj^ hereafter be in force t a»d the council shall submit
16 %e 44^-e Logislaturo, a% each regular session thereof, ite rocom-
17 mondations with rcforcnco ^ amendments e^ %¥■ changes m-,
18 existing laws relating te practice a»d procedure .
19 (7) To the extent heretofore or hereafter expressly author-
20 ized hy law, adopt or amend rules of practice and procediire
21 inconsistent with laws except as to any statute enacted s^il)se-
22 quent to such authorization which specifically provides that it
23 supersedes rules authorized in conformity with this suh-
24 division.
25 -f^ (8) Exercise such other functions as may be provided
26 b}^ law.
27 The chairman shall seek to expedite judicial business and
28 to equalize the work of the judges, and shall provide for the
29 assignment of any judge to another court of a like or higher
30 jurisdiction to assist a court or judge whose calendar is con-
31 gested, to act for a judge who is disqualified or unable to act,
32 or to sit and hold court where a vacancy in the office of judge
33 has occurred. A judge may likewise he assigned with his con-
34 sent to a court of lower jurisdiction, and a retired judge may
35 similarly he assigned with his consent to any court.
36 ¥he clerk el t4e Supreme Court sha-li aet as secretary ef the
37 council.
38 The several judges shall co-operate with the council, shall
39 sit and hold court as assigned, and shall report to the chairman
40 at such times and in such manner as he shall request respect-
41 ing the condition, and manner of disposal, of judicial business
42 in their respective courts.
43 No member of the council shall receive any compensation
44 for his services as such, but shall be allowed his necessary
45 expenses for travel, board and lodging incurred in the per-
46 formance of his duties as such. Any judge assigned to a court
47 wherein a judge's compensation is greater than his own shall
48 receive while sitting therein the compensation of a judge
49 thereof. The extra compensation shall be paid in such manner
50 as may be provided by law. Any judge assigned to a court
51 in a county other than that in which he regularly sits shall be
COMMITTEE REPORT ON OPERATION OF THE COURTS 111
1 allowed his necessary expenses for travel, board and lodging
2 incurred in the discharge of the assignment.
3 Second — That Section lb is added to Article VI, to read :
4 Sec. lb. The Commission on Judicial Qualifications shall
5 consist of: (i) The Chief Justice of the Supreme Court, or in
6 his absence the Acting Chief Justice, who shall be the chair-
7 man; (ii) the Attorney General; (iii) two justices of district
8 courts of appeal, and two judges of superior courts, and one
9 judge of a municipal court, each selected by the Supreme Court
10 for a four-year term; (iv) two members of the State Bar, who
11 shall have practiced law in this State for at least 10 years and
12 who shall be appointed by the Board of Governors of the State
13 Bar for a four-year term ; and (v) two citizens, neither of
14 whom shall be a justice or judge of any court, active or retired,
15 nor a member of the State Bar, and who shall be appointed by
16 the Governor for a four-year term. Every appointment made
17 by the Governor to the commission shall be subject to the
18 advice and consent of a majority of members elected to the
19 Senate, except that if a vacancy occurs when the Legislature
20 is not in session, the Governor may issue an interim commission
21 which shall expire on the last day of the next regular or special
22 session of the Legislature. Whenever a member selected under
23 subdivision (iii) ceases to be a member of the commission or a
24 justice or judge of the court from which he was selected, his
25 membership shall forthwith terminate and the Supreme Court
26 shall select a successor for a four-year term; and whenever a
27 member appointed under subdivision (iv) ceases to be a mem-
28 ber of the commission or of the State Bar, his membership shall
29 forthwith terminate and the Board of Governors of the State
30 Bar shall appoint a successor for a four-year term ; and when-
31 ever a member appointed under subdivision (v) ceases to be a
32 member of the commission or becomes a justice or judge of any
33 court or a member of the State Bar, his membership shall
34 forthwith terminate and the Governor shall appoint a successor
35 for a four-year term. No member of the commission shall
36 receive any compensation for his services as such, but shall be
37 allowed his necessary expenses for travel, board and lodging
38 incurred in the performance of his duties as such.
39 No act of the commission shall be valid unless concurred in
40 by a majority of its members. This commission shall succeed
41 to the functions of the Commission on Qualifications provided
42 for in Section 26 of this article and perform such other func-
43 tions as may now or hereafter be provided by law.
44 Third — That Section Ic is added to Article VI, to read :
45 Sec. Ic. The State Bar of California is a public corpora-
46 tion with perpetual existence and succession. Every person
47 admitted and licensed to practice law in this State is and shall
48 be a member of the State Bar except while holding office as a
49 justice or judge of a court of record.
50 Fourth — That Section 8 of Article VI is amended to read:
51 Sec. 8. The term of office of judges of the superior courts
52 and of the municipal courts shall be six years from and after
112 COMMITTEE REPORT ON OPERATION OF THE COURTS
1 the first Monday ei January after the first day of January
2 next succeeding their election. Whenever a vacancy occurs in
3 any such office the Governor shall appoint a suitable person
4 to fill the vacancy. No such appointment hy the Governor shall
5 he effective unless there he filed with the Secretary of State
6 a written confirmation of such appointment signed hy a ma-
7 jority of the memhers of the Commission on Judicial Qualifi-
8 cations. Every such appointee shall serve until the office is
9 filled hy the election of a judge for a full term at the second
10 general state election next siicceeding the accrual of the va-
il cancy. A vaoanoy i» such ofSco shall fee filled hf- the election
12 of «; judge ie¥- a iuH term at the next general state election
13 after the fe^ d«y el January next succeeding the accrual ef
14 the vacancy ; except that 41 the term el aft incumbent, elective
15 ev^ appointive, is expiring at the close el the year el a general
16 state election a&d a vacancy accrues after the commencement
17 el that year aftdr prior te the commencement el the ensuing
18 term, the election te fiH- the office lep the ensuing l«ll term
19 shall fee held ift the closing year el the expiring term ift the
20 same manner aft4 with the same ofFoct as though such vacancy
21 ha4 ftet accrued, fe the event el a»y vacancy, the Governor
22 shall appoint a person te hold the vacant office until the com-
23 mencoment el the term el the judge elected te the office as
24 heroin provided.
25 Fifth— That Section 10b is added to Article VI, to read :
26 Sec. 10b. A justice or judge of any court of this State, in
27 accordance with the procedure prescribed in this section, may
28 be removed for willful misconduct in office or willful and per-
29 sistent failure to perform his duties, or may be retired for
30 disability seriously interfering with the performance of his
31 duties, which is, or is likely to become, of a permanent char-
32 acter. The Commission on Judicial Qualifications may, after
33 such investigation as the commission deems necessary, order a
34 hearing to be held before it concerning the removal or retire-
35 ment of a justice or a judge. If at such hearing it finds good
36 cause therefor, it may recommend to the Supreme Court the
37 removal or retirement of the justice or judge.
38 Upon application of the justice or judge the Supreme Court
39 shall review the record of the hearing before the commission
40 on the law and facts and in its discretion may permit the in-
41 troduction of additional evidence and shall order removal or
42 retirement, as it finds just and proper, or wholly reject the
43 recommendation. If no review is applied for, the Supreme
44 Court shall make its order approving the recommendation.
45 Upon an order for retirement, the justice or judge shall
46 thereby be retired with the same rights and privileges as if
47 he retired pursuant to statute. Upon an order for removal, the
48 justice or judge shall thereby be removed from office, and his
49 salary shall cease from the date of such order.
50 All papers filed with and proceedings before the Commis-
51 sion on Judicial Qualifications pursuant to this section, shall
52 be confidential and privileged; but no other publication of
COMMITTEE REPORT ON OPERATION OP THE COURTS 113
1 such papers or proceedings, except the record filed by the
2 commission in the Supreme Court, shall be privileged in any
3 action for defamation. The Judicial Council shall by rule pro-
4 vide for procedure under this section before the Commission
5 on Judicial Qualifications and the Supreme Court. A justice
6 or judge who is a member of the commission or Supreme
7 Court shall not participate in any proceedings involving his
8 own removal or retirement.
9 This section is alternative to, and cumulative with, the
10 methods of removal of justices and judges provided in Sec-
11 tions 10 and 10a of this article, Sections 17 and 18 of Arti-
12 cle IV, and Article XXIII, of this Constitution.
114 COMMITTEE KEPOKT OX OPEBATIOX OF THE COCBTS
Introduced by Senators Eegan, Arnold, Coombs, and Dolwig
(Co-authored by Assemblymen Masterson, Biisterud, Sumner.
Hanna, MaeBride, Francis, and Biddick;
March 2, 1959
REFERRED TO COMMITTEE ON JUDICIARY
An act to add Section 68508 to the Government Code, re-
lating to rules of practice and procedure in the superior,
municipal, and justice courts.
Th( people of the State of California do enact as follows:
1 Section 1. Section 68508 is added to the Goverumeut Code,
2 to read:
3 68508. The Judicial Council shall from time to time adopt
4 rules of practice and procedure, except rules of evidence, for
5 the superior, municipal and justice courts. The Judicial
6 Council shall report the rules so adopted to the Legislature
7 within the first 60 days of any general session, and the rules so
8 reported shall take effect on the ninety-first day after final ad-
9 journment of the session at -which they are reported. Upon the
10 rules taking effect all laws in conflict therewith shall be of no
11 further force or effect. Provided that the amendments are
12 within the scope of the subject matter of the rules so adopted,
13 the Judicial Council may, from time to time, amend such rules.
LEGISLATIVE COUNSEL'S DIGEST
S. B. 849 as introduced, Regan (Jud.). Judicial Council rules.
Adds Sec. 68508, Gov. C.
Provides that the Judicial Council may, from time to time, adopt rules of practice
and procedure, except rules of evidence, for the superior, municipal, and justice
courts. Provides that such rules shall be reported to the Legislature during the first
GO days of any general session, and shall become effective on the 91st day after ad-
journment of such session, whereupon conflicting laws become ineffective. Authorizes
the Judicial Council to amend such rules, provided that the amendments are within
the scope of the subject matter of the rules amended.
COMMITTEE REPORT OV On.RATlOX OF THE O^^lTtTS 115
APPENDIX 5
REPORT OF COMMITTEE ON SUPERIOR COURTS
CONFERENCE OF CALIFORNIA JUDGES
Casii Munras Hotel, Mouioroy, Soptombor oO. 19,'i7
Subject: (.Separate Trial ou the Issues of Liability and
Damages iu Xegligence Cases)
One of the principal causes of delay and crowdvxi oaloudars in the
trial courts is the great volume of tort oases tiled by pergonal injury
claimants. It is estimated that no less than oO percent of the work of
the trial courts involves this type of case. In most of these cases trial by
jury is demanded. A typical case requires three da>-s of trial time, but
frequently the trial takes much longer. All cases follow much the same
pattern. In all of them there are two main issues, each distinct and
separate from the other, namely. {\) the issue of liability, and if
liability is establislied. v-'' the issue of damages. Evidence and testi-
mony is taken on both issues at the same time, and under present |>rao-
tice both questions are submitted to the jtiry at the same time.
The character of the evidence and testimon\" to support these issiu\>5
is distinct and different. On the liability question, maps, diagrams and
photographs are often introducevi. and testimony is taken from eugi-
neei-s, traftic officers, policemen, eyewitnesses and plain citizens, who
testify concerning the facts of the particular accident; on the issue of
damages, hospital records, models of the human anatomy. X-ray tilms
and medical drawings are olYered. and the testimony of expert wit-
nesses, usually iloctors. is received. All of this mass of testimony and
evidence is considered, and we hope, absorbed by the jury. The whole
ease is then submitted to the jury "under appropriate instructions."
We cannot tell for certain exactly how all of this is evaluated by the
lay juroi-s in the jury room, or whether or not the jurors deci<ie the
liability issue of the case tirst. as tiiey are instructed to do. nnintln-
enced by the testimony about injuries, paiti aiul sutTering and damages.
We assume they do. but there is sometimes ilic feelimr that this assump-
tion may do violence to the fact. At the last meeting of the Ooufereuce
of California Judges, the Committee on Superior Courts suggested
that perhaps the trial of the tort cases could be simplititMl. and if so.
time might be saved and justice more speedily aeeomplisluHi with K\ss
expense to the litigant than at present. It wjis suggested that the
issues of liability and damaizes be tried separately, that is. the trial
would take place in the usnal fasliion. exee]>t that all evidence and
testimony on the issue of liability wonUl tirst be received, ami the jury
then aske«l to returii its venlict on this question before any evidence
or testimony is received on the question of danuiges. If tlie jury de-
cided in a given case that there was no liability, that would end the
proceedings; if, however, liability was established, the trial would then
continue on the issue of damages. We know it to be a fact that \\\
approximately one-half of all tort cases tried, the jury returns a
defense verdict. Thus it is obvious that, in these eases at least, the
time consumed and the expenses incurred in obtaining the testimony
of medical experts and reviewing hosjutal records ami other doen
nientaiv evidcjiee would all be saveil. In aihlition. in those cases in
114 COMMITTEE REPORT ON OPERATION OF THE COURTS
SENATE BILI; No. 849
Introduced by Senators Regan, Arnold, Coombs, and Dolwig
(Co-authored by Assembh-meD Masterson, Busterud, Sumner,
Hanna, MacBride, Francis, and Biddick)
March 2, 1959
REFERRED TO COMMITTEE ON JUDICIARY
All act to add Section 68508 to the Government Code, re-
lating to rules of practice and procedure in the superior,
municipal, and justice courts.
The people of the State of California do enact as follows:
1 Section 1. Section 68508 is added to the Government Code,
2 to read :
3 68508. The Judicial Council shall from time to time adopt
4 rules of practice and procedure, except rules of evidence, for
5 the superior, municipal and justice courts. The Judicial
6 Council shall report the rules so adopted to the Legislature
7 within the first 60 days of any general session, and the rules so
8 reported shall take effect on the ninety-first day after final ad-
9 journment of the session at which they are reported. Upon the
10 rules taking effect all laws in conflict therewith shall be of no
11 further force or effect. Provided that the amendments are
12 within the scope of the subject matter of the rules so adopted,
13 the Judicial Council may, from time to time, amend such rules.
LEGISLATIVE COUNSEL'S DIGEST
S. B. 849 as introduced, Regan (Jud.). Judicial Council rules.
Adds Sec. 68508, Gov. C.
Provides that the Judicial Council may, from time to time, adopt rules of practice
and procedure, except rules of evidence, for the superior, municipal, and justice
courts. Provides that such rules shall be reported to the Legislature during the first
60 days of any general session, and shall become effective on the 91st day after ad-
journment of such session, whereupon conflicting laws become ineffective. Authorizes
the Judicial Council to amend such rules, provided that the amendments are within
the scope of the subject matter of the rules amended.
COMMITTEE REPORT ON OPERATION OF THE COURTS 115
APPENDIX 5
REPORT OF COMMITTEE ON SUPERIOR COURTS
CONFERENCE OF CALIFORNIA JUDGES
Casa Munras Hotel, Monterey, September 30, 1957
Subject: (Separate Trial on the Issues of Liability and
Damages in Negligence Cases)
One of the principal causes of delay and crowded calendars in the
trial courts is the great volume of tort cases filed by personal injury
claimants. It is estimated that no less than 50 percent of the work of
the trial courts involves this type of case. In most of these cases trial by
jury is demanded. A typical case requires three days of trial time, but
frequently the trial takes much longer. All cases follow much the same
pattern. In all of them there are two main issues, each distinct and
separate from the other, namely, (1) the issue of liability, and if
liability is established, (2) the issue of damages. Evidence and testi-
mony is taken on both issues at the same time, and under present prac-
tice both questions are submitted to the jury at the same time.
The character of the evidence and testimony to support these issues
is distinct and different. On the liability question, maps, diagrams and
photographs are often introduced, and testimony is taken from engi-
neers, traffic officers, policemen, eyewitnesses and plain citizens, who
testify concerning the facts of the particular accident ; on the issue of
damages, hospital records, models of the human anatomy, X-ray films
and medical drawings are offered, and the testimony of expert wit-
nesses, usually doctors, is received. All of this mass of testimony and
evidence is considered, and we hope, absorbed by the jury. The whole
case is then submitted to the jury "under appropriate instructions."
We cannot tell for certain exactly how all of this is evaluated by the
lay jurors in the jury room, or whether or not the jurors decide the
liability issue of the case first, as they are instructed to do, uninflu-
enced by the testimony about injuries, pain and suffering and damages.
We assume they do, but there is sometimes the feeling that this assump-
tion may do violence to the fact. At the last meeting of the Conference
of California Judges, the Committee on Superior Courts suggested
that perhaps the trial of the tort cases could be simplified, and if so,
time might be saved and justice more speedily accomplished with less
expense to the litigant than at present. It was suggested that the
issues of liability and damages be tried separately, that is, the trial
would take place in the usual fashion, except that all evidence and
testimony on the issue of liability would first be received, and the jury
then asked to return its verdict on this question before any evidence
or testimony is received on the question of damages. If the jury de-
cided in a given case that there was no liability, that would end the
proceedings; if, however, liability was established, the trial would then
continue on the issue of damages. We know it to be a fact that in
approximately one-half of all tort cases tried, the jury returns a
defense verdict. Thus it is obvious that, in these cases at least, the
time consumed and the expenses incurred in obtaining the testimony
of medical experts and reviewing hospital records and other docu-
mentary evidence would all be saved. In addition, in those cases in
116 COMMITTEE REPORT ON OPERATION OF THE COURTS
which the plaintiff succeeds in establishing liability, the prospect of
an out-of-court settlement without further trial should greatly increase.
This idea is not entirely new. In a general way it has been used in
some other states, particularly in West Virginia, Wisconsin and Texas,
where the trial of special issues is provided for by statute. It has been
discussed in an article in the American Bar Journal, and in some law
reviews. In 1939, Section 597 was added to the Code of Civil Procedure,
which provides for the receipt of a jury verdict where certain special
defenses are raised by the answer. However, other than Section 597
of the Code of Civil Procedure there seems to be no direct statutory
authority for the suggested mode of trial. The only forms of verdict
specifically provided for by our statutes are the general verdict, and the
special verdict, together with provision for the submission to the jury
of interrogatories for the purpose of testing the general verdict. Never-
theless, some judges believe that courts are presently possessed of the
power and authority to require that the issues of liability and damages
be tried separately in those cases where the trial judge believes it to
be appropriate. Sections 187 and 2042 of the Code of Civil Procedure
lend some support to this view but there appears to be no direct deci-
sion of an appellate court on the subject one way or another. It may
be observed in passing that there is now pending before the State
Legislature, Assembly Bill No. 2723 which, if enacted, would specifi-
cally authorize this method of trial procedure.
The suggested method of trial is being used by some judges in some
counties, particularly in San Diego, Orange and Santa Clara Counties.
In some cases this has been done by stipulation of counsel, and in other
cases the procedure has been required by the court. The total number
of cases tried by this method thus far is not great, and the experience
is too limited to be of decisive import, but among the judges who have
used it, it is agreed that the experience is satisfactory, and it does hold
the possibility of speeding the disposition of these cases, thus saving
court time and lessening expense to litigants.
The successful use of this method of trial will require the submission
to the jury of the fewest and simplest questions possible. The Texas
experience, in which so many questions and issues are submitted to the
jury that confusion frequently results must be avoided at all costs. To
submit extensive and complicated questions to the jury will be to
defeat the whole purpose of the procedure. In a typical negligence
case, on the issue of liability, the following questions might well be
asked of the jury :
"Question No. 1:
Was the defendant guilty of negligence, or did he commit any negli-
gent act which was a proximate cause of the accident in question ?
Answer: (Yes or No)
Question No. 2:
Was the plaintiff guilty of contributory negligence, or did he commit
any act of negligence which contributed as a proximate cause to the
accident in question?
Answer: (Yes or No)"
1
COMMITTEE REPORT ON OPERATION OF THE COURTS 117
It might be advisable to fnrtlier simplify the special verdict to be
submitted to the jury, using- substantially the following form :
"We, the jury in the above entitled action, find in favor of the
plaintiff (defendant) and against the defendant (plaintiff) on the
issue of liability. ' '
It seems proper to include in this report some of the factors to be
considered in determining whether or not the issues of liability and
damages should be separated in personal injury cases.
The primary objectives of this procedure are to speed up the trial,
and avoid the presentation of unnecessary proof. The trial judge should
endeavor to ascertain whether or not a separation of the issues will ac-
complish these purposes in the particular case at hand.
It should be pointed out here that in those cases where the jury finds
that there is liability, and the case proceeds on the issue of damages,
usually about one extra day is added to the time necessary for the trial
of the case. This is due to the break between the two phases of the case
and two deliberations by the jury; hence, before the procedure is in-
voked, the trial judge should evaluate the case to determine if the sep-
aration procedure is warranted.
If the case is one where the liability is almost certain and the main
controversy is in the issue of damages, or if it is a case where damages
are not seriously in dispute and the evidence on damages will not take
much time, a separation of the issues will not expedite the trial and the
case should proceed in the conventional manner.
But in those cases where the liability is strenuously disputed and the
evidence on damages is considerable, the issues should be separated,
because in these cases both objectives can be accomplished. The classic
case is the one in which both a complaint and a cross-complaint have
been filed and both sides have sustained damage. In these cases, many
times neither side will recover, and at best only one can recover ; thus,
it is apparent that the evidence pertaining to damages, at least on one
side, is bound to be unnecessary and time-wasting. This does not mean
that this procedure should be limited only to cases where cross-com-
plaints have been filed because there are also many other cases where
the separation of issues will prove helpful. It should also be borne in
mind that experience in this procedure, though quite meager as yet,
indicates that after liability has been established by the jury a great
majority of the cases will be settled and the issue of damages is never
presented to the jury.
The important thing is that the trial judge must weigh the factors
involved in each case as it arises to determine if the primary objectives
can be accomplished.
Another factor that must be considered is the effect that one phase of
the case may bear on the other. Frequently plaintiff's counsel will com-
plain that the plaintiff is being deprived of the sympathy value of the
evidence of damages. This, of course, is not a valid objection. However,
our limited experience shows that most plaintiffs favor the separation of
issues because they do not incur the expense of medical experts until
they are assured of a verdict.
A more valid objection is being raised by defense counsel ; that is, the
defendant is deprived, on the liability issue, of the impeachment that
118 COMMITTEE REPORT ON OPERATION OF THE COURTS
may be obtained from the plaintiff 's testimony on the issue of damages.
Frequently there is merit to this objection, and if it is raised, the trial
judge should weigh the objection very carefully before proceeding.
However, some attorneys will make the objection routinely in the hope
that the plaintiff might blunder; hence, the trial judge, if such an ob-
jection is made, should inquire into the matter to determine if there is
any merit to the defendant 's contention that he will be prejudiced by a
separation of the issues. If the trial judge is satisfied that the de-
fendant's position is honestly and sincerely urged, the case should pro-
ceed in the conventional manner.
Another factor of considerable importance is to make certain that the
jury is not given an erroneous impression concerning the case from the
fact that the issues are separated. The trial judge, at the outset of the
case, should explain to the jury what is being done and the reasons for
it, and he should be careful to point out to the jury that his action in
separating the issues is no indication of his opinion on the merits of the
case.
The subcommittee makes the following recommendations :
(1) That the Conference Committee on Superior Courts continue its
study of this subject ;
(2) That the Conference Committee suggest to the Conference that
the State Bar and the Judicial Council give this matter study and
consideration ;
(3) That, in the pre-trial conference, the Conference judge explore
the possibility for the use of the proposed method trial, and if possible,
obtain the stipulation of counsel for trial of the case by the method
suggested ;
(4) That, if further study so indicates, legislation giving the trial
judge discretion to act in this matter (perhaps similar to pending As-
sembly Bill 2723) be endorsed and supported.
Dated : July 5, 1957.
Respectfully submitted.
Judge Byrl R. Salsman
Judge John Shea
Suh commit tee
COMMITTEE REPORT ON OPERATION OF THE COURTS 119
APPENDIX 6
SENATE BILL No. 901
Introduced by Senator Regan
(Co-aiitliored by Assemblymen Biddick, Busterud, Francis, MacBride,
Thelin, Hanna, Masterson, and Bruce F. Allen)
March 5, 1959
REFERRED TO COMMITTEE ON JUDICIARY
An act to amend Section 89 of, and add Section 369.1 to, the
Code of Civil Procedure, relating to the transfer of cases
from the superior court to the municipal court.
The people of the State of California do enact as follows:
1 Section 1. Section 89 of the Code of Civil Procedure is
2 amended to read:
3 89. 1. Municipal courts shall jiave original jurisdiction of
4 civil cases and proceedings as follows :
5 (a) In all cases at law in which the demand, exclusive of
6 interest, or the value of the property in controversy, amounts
7 to three thousand dollars ($3,000) or less, except cases which
8 involve the legality of any tax, impost, assessment, toll or
9 municipal fine.
10 (b) In actions for dissolution of partnership, where the to-
ll tal assets of the partnership do not exceed three thousand dol-
12 lars ($3,000) ; in actions of interpleader, where the amount of
13 money, or the value of the property involved, does not exceed
14 three thousand dollars ($3,000).
15 (c) To cancel or rescind a contract, when such relief is
16 sought in connection with an action to recover money, not
17 exceeding three thousand dollars ($3,000), or property of a
18 value not exceeding three thousand dollars ($3,000), paid or
19 delivered under or in consideration of such contract; to revise
20 a contract where such relief is sought in an action upon such
21 contract, of which action the court otherwise has jurisdiction.
LEGISLATIVE COUNSEL'S DIGEST
S. B. 901 as introduced, Eegan (Jud.). Transfer of civil actions.
Amends Sec. 89, adds Sec. 369.1, (J. C. P.
Provides for transfer of civil action pending in superior court in county with a
municipal court, on superior court's own motion, if it appears probable before trial
that the ultimate rPco^•ery would not exceed the municipal court's jurisdiction.
Provides, if action so transferred, that municipal court shall have jurisdiction to
enter judgment even if judgment exceeds statutory limits on jurisdiction of munic-
ipal courts.
120 COMMITTEE REPORT ON OPERATION OF THE COURTS
1 (d) In all proceedings in forcible entry or forcible or un-
2 lawful detainer, where the rental value is three hundred dol-
3 lars ($300) or less per month, and where the whole amount of
4 damages claimed is three thousand dollars ($3,000) or less.
5 (e) In all actions to enforce and foreclose liens on personal
6 property, where the amount of such liens is three thousand
7 dollars ($3,000) or less.
8 (f) In all actions to enforce and foreclose liens of me-
9 chanics, materialmen, artisans, laborers, and of all other per-
10 sons to whom liens are given under the provisions of Chapter
11 2, Title 4, Part 3 of this code, where the amount of such liens
12 is three thousand dollars ($3,000) or less; provided, that
13 where an action to enforce any such lien is pending in a
14 municipal court, and affects property which is also affected by
15 a similar action pending in a superior court, or where the total
16 amount of such liens sought to be foreclosed against the same
17 property, by action or actions in a municipal court, aggregates
18 an amount in excess of three thousand dollars ($3,000), the
19 municipal court, in which any such action, or actions, is, or
20 are, pending, upon motion of any interested party, shall order
21 such action or actions pending therein transferred to the
22 proper superior court. Upon the making of such order, the
23 same proceedings shall be taken as are provided by Section
24 399 of this code, with respect to the change of place of trial.
25 (g) To issue temporary restraining orders and preliminary
26 injunctions, to take accounts, and to appoint receivers, where
27 necessary to preserve the property or rights of any party to
28 an action of which the court has jurisdiction ; to appoint a
29 receiver in aid of execution as provided in Section 564, subdi-
30 vision 4 of the Code of Civil Procedure ; to charge the interest
31 of a debtor partner with payment of the unsatisfied amount of
32 any judgment rendered by such court in the manner provided
33 in Section 2422 of the Civil Code, or any amendment thereof,
34 and in such cases to appoint a receiver and to make any order
35 or perform any act mentioned or authorized in said section ; in
36 proceedings under Section 689 of this code, or any amend-
37 ments thereof, to determine title to personal property seized
38 in an action pending in, or upon execution issued by, such
39 court.
40 (h) In all actions transferred to the mnnicipal court pur-
41 suant to Section 396.1 of the Code of Civil Procedure, and
42 each municipal court shall have jurisdiction in all actions so
43 transferred to enter such judgment as may he determined ap-
44 propriate therein, notwithstanding that the judgment exceeds
45 any limitation on the jurisdiction of the municipal court im-
46 posed hy any other provision of this section or hy any other
47 law.
48 2. Each municipal court shall have jurisdiction of all cases
49 in equity to try title to personal property when the amount
50 involved is not more than three thousand dollars ($3,000) and
51 of all cases in equity when pleaded as defensive matter, in any
52 case properly pending in such municipal courts.
COMMITTEE REPORT ON OPERATION OP THE COURTS 121
1 Sec. 2. Section 396.1 is added to said code, to read:
2 396.1. When any civil action is pending in the superior
3 court in a county in which there is a municipal court and it
4 appears with reasonable probability before trial that the ulti-
5 mate recovery would not exceed the jurisdiction of the munic-
6 ipal court, the superior court may, on the court's own motion,
7 order the action transferred to the municipal court which is
8 designated by law as a proper court for the trial thereof, and
9 no appeal may be taken from the order of transfer. Such order
10 may be made after five days notice to the parties or at any
11 time when both parties or their counsel are before the court.
12 The action shall thereupon be transferred without payment
13 of costs and fees and shall be entered and prosecuted in the
14 court to which it is transferred, all prior proceedings being
15 saved. Neither the fact that the action was originally brought
16 in the superior court, nor the fact of transfer, shall be referred
17 to in any way at the trial of the action. An action which is
18 transferred under the provisions of this section shall be
19 deemed to have commenced at the time the complaint was filed
20 in the superior court.
printed in California state printing office
L-4544 5-59 2M
THIRD AND FINAL REPORT OF THE
JOINT JUDICIARY COMMITTEE ON
ADMINISTRATION OF JUSTICE
Appointed Pursuant to Senate Concurrent Resolution No. 34 of the
1957 Regular Session of the California Legislature
ON
Crime and Criminal Courts
in California
MEMBERS OF THE COMMITTEE
SENATORS ASSEMBLYMEN
EDWIN J. REGAN
Chairman
STANLEY ARNOLD
JOHN WILLIAM BEARD
CARL L CHRISTENSEN, JR.
JAMES A. COBEY
NATHAN F. COOMBS
RICHARD J. DOLWIG
FRED S. FARR
DONALD L. GRUNSKY
ROBERT I. McCarthy (vice
Earl D. Desmond, deceased)
RICHARD RICHARDS
GOSCOE O. FARLEY
Execufive Direcior
BRUCE F. ALLEN
Vice Chairman
WILLIAM BIDDICK, JR.
JOHN A. BUSTERUD
GEORGE G. CRAWFORD
ROBERT W. CROWN
LOUIS FRANCIS
RICHARD T. HANNA
THOMAS J. MacBRIDE
S. C. MASTERSON
BRUCE SUMNER
HOWARD J. THELIN
JOHN A. BOHN
Counsel
mm
Published by the
SENATE
OF THE STATE OF CALIFORNIA
1959
GLENN M. ANDERSON
Presidenf of ihe Senate
HUGH M. BURNS
Presidenf pro Tempore
JOSEPH A. BEEK
Secretary of fhe Senate
CONTENTS
Page
Letter of Transmittal 5
Introduction 7
1. The Increase in Crime 9
2. Criminal Elements in California 17
3. Are the Courts Handcuffing the Police? 30
4. Sentences for Narcotics Violators 49
5. Delays in Criminal Trials 60
Conclusions 69
Acknowledgments 70
Appendices 71
(3)
LETTER OF TRANSMITTAL
Senate, California Legislature
June 15, 1959
To the President of the Senate
The Speaker of the Assembly and
Other Members of the Senate and Assembly
The Joint Judiciary Committee on Administration of Justice here-
with submits its third and final report, on the subject of crime and
criminal courts in California. Reports were previously filed on the
subjects of the California judiciary and the operation of the courts.
The Joint Judiciary Committee was established by the 1957 Legislature
(Senate Concurrent Resolution No. 34) for the purpose of conducting
a survey of the judicial system to find ways and means to improve
the efficiency of the courts and expedite the administration of justice.
The committee was directed to include in its studies the organization
and the operation of the courts, trial court practice, criminal procedure
and appellate court procedure. The committee received a further direc-
tive from the Legislature at the 1958 session to conduct a study of the
sentencing of narcotics laws violators and to ascertain the effectiveness
and adequacy of present penalties (Assembly Concurrent Resolution
No. 44).
The committee wishes to express its appreciation to the many wit-
nesses who testified at its hearings and to the many organizations and
state agencies that furnished it data and information.
Respectfully submitted,
Edv^in J. Regan, Chairman
Bruce F. Allen, Vice Chairman
Stanley Arnold
John William Beard
Carl L. Christensen, Jr.
James A. Cobey
Nathan F. Coombs
Richard J. Dolwig
Fred S. Farr
Donald L. Grunsky
Richard Richards
William Biddick, Jr.
John A. Busterud
George G. Crawford
Robert W. Crown
Louis Francis
Richard T. Hanna
Thomas J. MacBride
S. C. Masterson
Bruce Sumner
Howard J. Thelin
(5)
INTRODUCTION
This volume concludes the report of the Joint Judiciary Committee
on Administration of Justice, which was created in 1957 by Senate
Concurrent Resolution No. 34.
That resolution, in Section 1, stated that the committee was "au-
thorized and directed to ascertain, study and analyze all facts relating
to the judicial system of this State * * * including * * * revision of
criminal procedure, and * * * the operation, effect, administration,
enforcement and needed revision of any and all laws in any way
bearing upon or relating to the subject of this resolution."
On June 13, 1958, when the committee was well along in its hearings
and investigations into the California court system, it received a letter
from then Superior Judge Stanley Mosk of Los Angeles, later to be
elected Attorney General. Judge Mosk wrote to the committee chairman :
Under date of December 23, 1957, I wrote to the Governor
suggesting that he include in his call for the impending special
session of Legislature an item calling for the creation of a Crime
Commission in California, designed to make inquiries and to recom-
mend action and necessary legislation.
The Governor did not include that item, and the matter was not
considered during the budget and special sessions this year. * * *
I am taking the liberty, therefore, of recommending to your
committee that it consider the items which I have heretofore sug-
gested as being appropriate for consideration by the proposed
Crime Study Commission.
These subjects might well include, but not necessarily be limited
to, the following :
1. Ascertainment of the facts concerning incidence of crime in
California, there being numerous sets of statistics being released
by various law enforcement agencies.
2. Determination of whether or not there has been an actual
breakdown in law enforcement in any specific crimes or in any
specific geographical area.
3. Consideration of ways and means of combating the use of
and traffic in narcotics. * * *
4. Consideration of means of combating the rise in juvenile
delinquency with particular reference to juvenile violence today.
5. Ascertainment of the effect, if any, of Supreme Court deci-
sions upon law enforcement ; if any appreciable effect is deter-
mined, then recommendations concerning effective police work
within the judicial limitations.
6. Study of the Penal Code in its entirety for needed moderni-
zation and revision.
* * * Certainly the subjects are of sufficient gravity to the
public peace and security to justify thoughtful inquiry and delib-
eration by all branches of our State Government. * * *
(7)
8 THIRD AND FINAL REPORT
Shortly afterward the committee received a letter from Police Chief
William H. Parker of Los Angeles favoring the holding of committee
hearings "to discuss some of the pressing problems of law enforcement
that shonld merit legislative consideration. ' '
The committee appointed from its members a subcommittee on crim-
inal law enforcement, and this group was authorized to "investigate
and determine the truth or falsity of reports that crime in California
is increasing much faster than the population, and that important
members of the criminal element are migrating to California; and to
ascertain, if possible, the reason for the reported increase in crime —
if indeed it does exist. * * * " i
The subcommittee conducted executive sessions in Los Angeles on
September 10 and 26, 1958, at which more than a score of local, state
and federal law enforcement officials appeared.
This report is based on their statements at the hearings, plus addi-
tional information gathered by the committee.
1 Transcript, hearing of September 26, 1958, p. 2.
1. THE INCREASE IN CRIME
Los Angeles gained unexpected publicity in mid-1958 when a nation-
wide news magazine dubbed it "the most crime-ridden big city in the
United States. ' ' The Federal Bureau of Investigation, the article stated,
had found a rate of 51 major offenses among every thousand Los An-
geles residents.
Startled inquiries from California and from J. Edgar Hoover in
Washington disclosed that the magazine had made a few slips.
The F. B. I. in its Uniform Crime Reports had quoted not rates but,
as usual, only the total crimes that the police department in each city
had reported hearing about during the past year. A glance at the fig-
ures the departments sent in to the F. B. I. would have revealed what
every law enforcement official has long known — that some departments
are notoriously hard of hearing when it comes to crimes committed
within their jurisdiction.
Los Angeles, for instance, which enjoys a reputation for filing com-
plete reports with the F. B. I., said it had suffered more than 19,000
thefts of over $50. New York City admitted to 43,000. But Chicago
police said they had reports on only 9,100 ; Philadelphia recorded only
5,300; and Detroit's department filed a figure of less than 3,400 with
the F. B. I.
The news magazine naively accepted these statistics at face value,
then compounded the error when it divided the figures by the 1950
population of each city to arrive at its crime rate for 1957. For fast-
growing Los Angeles this resulted in further distortion.
When these facts came to light, Los Angeles' brief "reign" as the
crime capital of the Country was over.
The flurry, however, even though based on a comedy of errors, did
draw attention to certain grim realities. While Los Angeles, San Fran-
cisco, Oakland, San Diego and other California cities might not be the
worst crime centers in the United States, they nevertheless did appar-
ently face a rising trend toward lawlessness. And that fact that Cali-
fornia officials keep more accurate records than those in many other
sections has served to give clear warning of the seriousness of Califor-
nia's problem.
Measuring crime, of course, is not a simple matter like measuring
apples, rainfall or beauty contestants. It can never be exact, for a
variety of reasons. The word "crime" itself is not exact; it takes in
everything from murder to a stolen hubcap. A second source of con-
fusion is that some types of crimes are reported to police, others are
not. Again, when it comes to classifying crimes, police departments
differ in their definitions of what is a theft, what is a burglary, what
is an assault. And the selection of figures an observer studies depends
to some degree on what he is attempting to find out. If he is trying
to measure the activity of professional criminals, he will pay special
attention to burglaries and robberies, but will discount auto thefts, since
(9)
10 THIRD AND FINAL REPORT
many of them are committed by joyriding amateurs who abandon the
car after a few hours.
To gauge crime trends, then, most mochM-n police experts have chosen
seven or eight major offenses that are most likely to appear on police
records whenever they occur. The State Bureau of Criminal Statistics,
since it was originated in the Attorney General's Office in 1945, has
developed a list that parallels that used by the F. B. I. since 1930, except
that the state bureau does not include minor thefts and negligent man-
slaughter. The state agency gathers statistics for three kinds of crimes
against the person — willful homicide (murder and nonnegligent man-
slaughter), aggravated assault, forcible rape — and four offenses against
property — robber}', burglary, auto theft, and other grand theft.
In discussing the reasons for this system of classification wdth the
Joint Judiciary Committee, Police Chief William H. Parker of Los
Angeles told the subcommittee hearing on September 10, 1958 :
Chief Parker: These are offenses that residents reported to the
police as having occurred to them * * * This has nothing to do
with the number of people who are put in jail. The reason these
crimes were selected as barometers is because they are crimes most
frequently reported to the police by the victims.
It is most confusing when you get into the field of narcotics.
People say, "What is the trend in narcotic offenses?" Nobody
knows. They are like prostitution and bookmaking. Rarely are they
ever called to the attention of the police by persons engaged in
them as victims or participants. We have got to stay with crimes
reported by the people to the police.^
Measured by the yardstick of seven major felonies, the crime picture
in California since World War II has been one of constant increase —
sometimes a sharp jump, some years a more gradual climb, but always
always upward. For the past five years the State Bureau of Criminal
Statistics shows the following totals :
1954 1955 1956 1957 1958
STATE WIDE TOTAL FOR
SEVEN FELONIES: 134,300 137,650 165,250 194,050 208,300
I I
Increase over previous year: 3,350 27,600 28,800 14,250
As would be expected, the large seaport and industrial centers of Los
Angeles, San Francisco, Oakland and San Diego account for the bulk
of the increase among the seven major felonies (see chart on opposite
page).
' When District Attorney William McKesson of Los Angeles took the stand later in
the day, he spoke in similar vein. He said : "W'hen you are talking about a rise
in crime, you must be specific. Nobody knows about the crimes in narcotics. We
prosecuted" 2,400 last year, but maybe there are 55,000 that needed to be prose-
cuted."
CRIME AND CRIMINAL COURTS IN CAIilFORNIA 11
CRIME IN FOUR COUNTIES
Total Reported Burglaries, Robberies, Auto and Other Grand Thefts,
Aggravated Assaults, Forcible Rapes, and Willful Homicides
County 1954 1955 1956 1957 1958
LOS ANGELES COUNTY 74,100 72,700 92,800 110,500 117,700
I I I
Year's increase —1,400 20,100 17,700 7,200
1954 1955 1956 1957 1958
SAN FRANCISCO
COUNTY 11,900 13,800 14,600 15,000 16,300
Year's increase — . 1,900 800 400 1,300
1954 1955 1956 1957 1958
ALAMEDA COUNTY 7,700 8,200 8,100 9,000 9,000
Year's increase ^ 500 -100 900
1954 1955 1956 1957 1958
SAN DIEGO COUNTY 5,300 5,300 5,600 7,050 7,350
I I
Year's increase ____ . 300 1,450 300
12
THIRD AND FINAL REPORT
County
CRIME RATE
(Per 100,000 Population)
1954 1955 1956
1957
1958
LOS ANGELES COUNTY 1,478 1,404 1,719 1,973 2,032
U
1954
1955
1956
1957 1958
SAN FRANCISCO
COUNTY
1,489 1,734
1,827
1,935 2,062
I
1954
1955
1956
1957
1958
ALAMEDA COUNTY
913
959
920
1,029 1,016
1954
1955
1956
1957
1958
SAN DIEGO COUNTY
689
647
649
784
m
Note: In this and other tabulations, the numbeis of crimes (except for homicides)
have been rounded to the nearest 50 for easier reading; and crime rates are shown
with decimals omitted. Detailed figures may be found in the reports of the State
Bureau of Criminal Statistics, from which these were taken.
CRIME AND CRIMINAL COITRTS IN CALIFORNIA
13
The uptrend seems to be a general one, found in all categories of
offenses — from homicide, which is so rare as to have little statistical
significance, to burglary, which constitutes well over half of the total
crimes listed. The breakdown for the past three years in California
is as follows :
CRIMES AGAINST PROPERTY
1956 1957 1958
BURGLARY
84,750 101,050 111,400
l_l
Increase over previous year
1956
16,300 10,350
1957 1958
GRAND THEFT (nonauto)
15,400 17,750 18,450
Increase over previous year
1956
2,350
1957
700
1958
ROBBERY
10,200 11,600 12,600
Increase over previous year
1956
1,400
1957
1,000
1958
AUTO THEFT
38,550 45,220 46,250
Increase over previous year
6,650
1,050
14
THIRD AXD FINAL REPORT
CRIMES AGAINST PERSONS
1956
1957
1958
AGGRAVATED ASSAULT
13,600 15,350 16,200
Increase over previous year
1956
1,750
1957
850
1958
FORCIBLE RAPE
2,300 2,600 2,850
Increase over previous year
1956
300
1957
250
1958
WILLFUL HOMICIDE
474
497
^A7
Increase over previous year
23
50
What the rise in crime means in terms of added burden on police
departments can be seen by looking at one organization, the Los Ange-
les police department, largest in the State. In 1950 it handled a bit
less than 25,000 cases coming under the seven-felony list. Last year,
in 1958, it handled nearly three times as many — over 70,000. Specifi-
cally, the department had twice as many homicides as in 1950, and an
even greater increase in robberies and assaults ; for every burglar}',
grand larceny case and auto theft it had in 1950, it had three in 1958.
And the number of forcible rapes reported had nearly quadrupled. -
CRIME RATES
It is possible to brighten California's crime picture a little — but not
much — by quoting figures in relation to population growth; that is,
by giving the number of offenses per 100,000 residents. While this does
nothing to lessen the actual size of the police problem, it does make
the State appear somewhat less wicked by allowing for the large in-
flux of citizens, good and bad, in recent vears.
Computed from "Felony Crimes Reported to State of California" Planning and Re-
search Division, Los Angeles Police Department, January 5, 1959.
1
CRIME AND CRIMINAL COURTS IN CALIFORNIA 15
The number of crimes, for instance, under the seven-felony list has
fvone up for 134,300 in 1954 to 208,300 in 1958, a rise of 55 percent.
But the rate per 100,000 population for these crimes has increased only
33 percent.
SEVEN FELONIES
(Rate per 100,000)
1954 1955 1956 1957 1958
CALIFORNIA 1,066 1,056 1,215 1,370 1,412
The rates for individual crimes follow the same general trend, except
for grand thefts and auto thefts, which held even or showed a slight
downturn last year. The rates per 100,000 for the past three years were :
1956 1957 1958
BURGLARY 623 714 755
1
1956 1957 1958
GRAND THEFT 113 125 125
U
1956 1957 1958
ROBBERY 75 82 85
1
1956 1957 1958
AUTO THEFT 283 319 313
16 THIKD AND FINAL REPORT
1956 1957 1958
AGGRAVATED ASSAULT TOO T08 110
I I
1956 1957 1958
FORCIBLE RAPE 17 18 19
I
1956 1957 1958
WILLFUL HOMICIDE
I I I
These, in brief outline, are the figures on crime trends in California.
The Joint Judiciary Committee finds them disturbing. The sheer volume
of offenses is one source of concern. But more important is the fact
that the situation appears to be not improving but worsening.
Behind the figures, of course, stand people. And the committee at-
tempted to learn from law enforcement officials what kind of people
the statistics represent. In this the committee met with only partial
success. There seems to be need for organized study of the makeup of
the State's criminal population, in order to deal with it.
The committee did learn enough, however, to satisfy itself that the
criminal element in California consists of more than a collection of
individual delinquents, juvenile and adult, each committing a crime
whenever the impulse moves him. In addition, there is every evidence
of the presence, particularly in Southern California, of an advance
guard of a more dangerous group — men who know liow to build an
organization and fasten themselves, like parasites, on a city or state to
extort tribute from its citizens. For them, California is a rich and
almost irresistible market.
2. CRIMINAL ELEMENTS IN CALIFORNIA
BACKGROUND
Mafia, namo s,\\c\\ to a nunilx-r of ()r;;aiiizecl bands of Sicilian brigands in tlio
nineteenth and twentieth centnries. Unlilve the Caniorra in Naples, the ]\Iafiia had
no hierarchic organization, each sronp operating on its own. The Mafia originated
in fendal times, when lords hired brigands to guard their estates in exchange for
protection from the royal authority. The underlying principle of the Mafia was that
legal authorities were useless and that justice must be obtained directly, as in the
vendetta. Political corruption ga\'e the ^lafia tremendous influence. The organization
spread through emigration to the United States. * * * — The Columbia Encyclo-
pedia. Second Edition
Mafia. A word of uncertain origin, used to designate a specific form of criminality
which arose on the great landed estates of Sicily as a result of bad government during
a long period of the island's history, especially during the disorders consequent on
the Napoleonic invasion of southern Italy. Lawless conditions led the owners of
large estates to place their lands in the charge of energetic ruffians who exercised
almost despotic power over a terrorized peasantry * * * and in time turned against
the land owners themselves. The members of the organization were not very numer-
ous, but, bound by close ties of fellowship and capable of any crime, they compelled
the land owners to employ persons of their choice, fixed the compensation they
claimed for their services, and the rents and price of the land and of the crops en-
trusted to their protection. * * * Fierce quarrels arose among them leading to ter-
rible acts of revenge ; whence the formation of bands of outlaws at feud among
themselves, and all the crimes consequent on outlawry : robbery, I'apine, extortion.
A complicated code of traditions regulated the ;\Iafia, based on so-called omerta
(from Sicilian omu, man), the obligation never under any circumstances to apply
for justice to the legally constituted authorities, and never to assist in any way in
the detection of crime committed against oneself or others. * * * in October 1890
David Heuuessy, chief of police in New Orleans, was murdered (by) the Mafia,
which had been introduced into the U.S. 30 years before. * * * — Encyclopaedia
Britannica, 1959, volume llf
Author Frederic Sondern, Jr., in his best-selling book Brotherhood
of Evil has traced the history of the Mafiia. He wrote :
In the 1860 's the character of the Mafia changed abruptly. Italy
and Sicily -were unified under an Italian king, and there was no
longer ?^l\J need to combat foreign tyranny. But the mafiosi were
unwilling to give up their privileged positions as heroes and men of
power. They began to exploit their unusual skills in murder, kid-
naping and robbery for their own gain. The next decades found
them extorting regular tribute from every section of Sicilian
society. * * * i
The Mafia apparently was not a major factor in crime in the United
States until the 1920 's. Its members operated largely among other
immigrants from Sicily and Italy in the larger cities. These relatively
pett}' extortions, however, were overshadowed when the prohibition era
brought its rich opportunities for fortunes from bootlegging. Unfor-
tunately for the United States, the Mussolini regime during this period
launched a drive to wipe out the Mafia in Sicily. While the campaign
was only partialW successful, it sent hundreds of mafiosi fleeing, many
under assumed names, to relatives in the New World.
^A C'lndensation of Sondern's book may be found in the Reader's Digest, May, 1959,
p. 66. See Appendix 1 showing spread of Mafia in Sicily in 1900.
(17)
18 THIRD AXD FIXAL REPORT
The Mafia went after its share of liquor profits, and in areas where
it was strongest, its disciplined organization enabled it to dominate
other liqnor handlers. As they had in Sicily, however, some Mafia bands
clashed in bloody territorial disputes.
Several dons (Mafia leaders) sought to end the wars, but Al Capone,
a Mafia ally, not a member, is usually given credit for calling a meet-
ing of the dons and other gang leaders at Atlantic City in 1929 and
persuading them to co-ordinate their efforts, not only in bootlegging
but in other money-making enterprises like gambling, protection, nar-
cotics, prostitution and labor rackets.
This system of forming friendly combines of a few, a dozen, or a
score of ^Mafia leaders to launch various business ventures, some legal,
others illegal, has become characteristic of the organization. Also char-
acteristic are periodic conferences of the dons to keep their fences
mended with each other and to agree on policy.
"VTith the end of prohibition, the members concentrated on narcotics,
gambling and, to a lesser degree, counterfeiting and prostitution. When
TVorld War II came, they sought profits from black markets in tires.
meat and sugar, and from peddling counterfeit ration stamps. The
brotherhood habitually has switched its activities from time to time
toward any field where fast money is to be made.
As in any industry, however, these changeovers cause friction and
moments of crisis. One of these apparently arrived in 1957. Geared
to high income from narcotics and other sources, some of the brothers
reportedly became edgy when crackdowns by federal and local officials
cut off certain sources of revenue, and a scramble ensued for the re-
maining business. To restore peace, some 60 leaders gathered at the
rural estate of Giuseppe Barbara near Apalachin, New York, on No-
vember 14, 1957. The meeting broke up in disorder when someone
discovered that the state police had blockaded the only road leading
from the estate. All were arrested, identified and released. Among
them were two men from the Los Angeles area.
The names of some of those arrested came as a surprise in their
home towns. Nearly all were dignified men of middle age, little resem-
bling the Holl\"wood stereotype of the penthouse mobster.-
The Apalachin incident led to an investigation by the New York
Legislature's Joint Committee on Government Operations.^ A key wit-
ness regarding Mafia activities was John T. Cusack, district supervisor
for the U. S. Bureau of Narcotics of the Treasury Department. He
described the organization as follows:
Mr. Cusack: We consider the Mafia a well-organized secret
fraternal order originating in the Palermo area of Sicily. * * *
From this city Mafia mobsters still operate throughout Sicily,
Italy, Europe and Africa in commercial crime, specializing at the
present time in the smuggling of narcotics and cigarettes, boot-
legging and kidnaping. * * * There is a possibility that the titu-
lar head of the Mafia may reside in the Palermo area and that
overall Mafia policv mav still emanate from this aged strong-
hold. * * *
- See Appendix 2 for chart of Mafia relationship study prepared for iicCIellan Com-
mittee (1958).
2 See Appendix 3 for committee report.
<
CRIME AND CRIMINAL COURTS IN CALIFORNIA 19
Its members, willi few excei)1ioiis, arc all of Sicilian ()ri<i,iii and
are located in every jn-osperous city in the world, principally cities
of Europe and North and South America where the profits in crime
are most lucrative. * * *
It is difficult to say who is eligible to join the Mafia * * *
whether there is a formal joining, or whether members through
family tradition are just born into the Mafia. However, it appears
that one becomes a member only through family sponsorship,
such as father si^onsoring son, uncle sponsoring nephew, father-in-
law sponsoring son-in-law, and broth.er sponsoring brother. Also,
by design the Mafia fraternal ties are strengthened through inter-
marriage. * * *
The Mafia throughout the United States, Canada, Mexico, Cuba,
Italy and France is a fraternal organization divided into many
different mobs, gangs, rings, syndicates or conspiracies. Members
of the fraternity belong to one or more such groups, which are
often temporary in nature, organized usually to carry out one
particular enterprise or venture, such as the importation and dis-
tribution of narcotics or the operation of a gambling casino.
Policy, areas of influence, mutual co-operation in carrying out
these various activities is arranged through the Mafia Grand Coun-
cil. Rather than being one unified crime syndicate, the Mafia is
a union or association of many syndicates composed of Mafia mem-
bers and adhering to the tradition and policy-making directives
of the order. For example, at Apalachin the 58 identified conferees
w^ere, in all likelihood, not members of one conspiracy but individ-
uals who at different times over the years have been engaged with
each other in many various commercial criminal ventures. * * *
We are informed that the Mafia society is divided into units of
10 men. The unit is supervised by a group chief and group chiefs,
in turn, by an area chief. The area chief would, in all probability,
be a member of the Grand Council. The meeting at Apalachin,
New York, should be considered a meeting of the Grand Council,
although all persons in attendance at Apalachin may not be mem-
bers of the Grand Council.
Supervisor Cusack gave the New York legislative committee the
following picture of Mafia methods of operation :
The business of the Mafia is * * * commercial crimes that prey
on man's human weaknesses, such as narcotics, organized prostitu-
tion, counterfeiting, bootlegging, organized gambling, loan shark-
ing and extortion. When the opportunity presents itself, the Mafia
moves into legitimate business, selecting ventures where their
strong-arm tactics and cash resources will quickly bring large
profits.
Our investigations of various members of the Mafia fraternity
during the past 18 years has repeatedly shown a pattern of infil-
tration * * * of several legitimate fields, including organized
labor * * * the distribution of Italian olive oil, cheese and tomato
paste; the control of wholesale fruit and vegetable markets; the
20 THIRD AND FINAL REPORT
baking and distribution of Italian bread and pastry ; vending ma-
chine business of all types including cigarette machines and juke
boxes; the operation of night clubs, restaurants and bars. Their
night cdub operations are frequently complemented through their
interests in model and tlieatrical booking agencies and in musical
recording companies.
Mafia members use "front people" * * * to own and operate
these various legitimate interests. By doing this they overcome
licensing and income tax problems. * * * These front men or
owners of record are usually a Mafia brother of minor rank and
ability, with no criminal record. * * * Their modus operandi
calls for interest and activity in community and church affairs.
They contribute generously to charities and lead an ostensibly
quiet family life. * * *
Wherever the Mafia fraternity has gone, the members have de-
veloped working arrangements with other mobs * * * Xon-I\Iafia
gangsters often prefer doing business with a Mafia man because
of his known reliability. In almost every large city in the Western
world Mafia members are usually strong enough not to be pushed
around or suppressed by rivals. However, our files indicate they
prefer alliances and working agreements rather than open compe-
tition and the ensuing gang warfare. The organization of Murder,
Incorporated, is an excellent example, wherein the ]\Iafia allied
itself with members of the Jewish underworld in the late 1930 's
to help carry out their crimes. During the prohibition era we find
Mafia members working closely with the old Irish mobs of Xew
York City's West Side and Greenwich Village in both bootlegging
and narcotics. Today we find in New York and other parts of the
Country, Mafia members aligning themselves with Negro and
Puerto Ricans and many other underworld elements in narcotic,
bootlegging and policy operations.'*
As for the individual mafioso himself — the kind of person he is and
his behavior — the description given by Frederic Sondern is, according
to California police officials, reasonably accurate :
Whatever their income, most Mafia members are still essentially
Sicilian peasants. They may spend $500 in a night club and per-
haps drop $20,000 gambling during the same evening. But they
live in comfortable tAvo-faraily houses on back streets, or in un-
ostentatious apartments with cheap, autimaeassared, overstuffed
furniture; brilliant chromos and faded pictures of relatives on the
walls, imitation flowers in gaudy vases. * * *
Mafia members to an astonishing degree associate only Avith each
other. * * * The men almost always marry daughters of other
mafiosi. * * *
It is standard practice for a mafioso to have several names and
several different ways of spelling each. * * * The names of parents
are purposely misspelled, birthplaces and dates never given cor-
rectly. It is all part of a well-tested system for confusing police
files, reporters and investigators. * * *
• From transcript of the proceedings of the State of New York Joint Legislative
Committee on Government Operations, 195S, pp. 38-45.
CRIME AND CRIMINAL COURTS IN CALIFORNIA 21
AVheii the heat is on, a inafioso may suddenly disappear and,
under another name, take np with relatives in some distant city.
Most of the brotherhood do not enjoy travel. They are uncertain
of themselves in stranp:e surroundings. * * * They go to certain
hotels known to be safe, where the telephone operators and bell-
boys are secure. * * *
The dons arrange meetings according to the needs of the moment.
Ten of them may suddenly gather in San Francisco to organize the
shipment of narcotics from the Orient ; a dozen may gather in
Chicago to talk over new possibilities in the labor rackets; 20 may
converge on New York to set up a new gambling syndicate. The
continual ebb and flow in the brotherhood's operations, the con-
tinual change of personnel in the various rackets and the fluidity
of their associations are among the factors which have made it
so hard for the press, the police and legislative committees to get a
clear picture. * * * 5
THE BROTHERHOOD IN CALIFORNIA
Unlike chambers of commerce, bar associations and other more ac-
comodating groups, the Mafia publishes no list of its membership. And
many law officials believe it is a Mafia policy never to prepare such a
list, even for its own use. Operating as it does through family connec-
tions, face-to-face relationships and word-of -mouth communication, the
organization lias little practical need for a roster that could prove
damaging if it ever fell into outside hands. Said Police Captain James
Hamilton of Los Angeles before the Joint Judiciary crime subcom-
mittee hearing last September 26 : "I know I have no complete list.
And I don't think there is one of the Mafia in Southern California."
Hamilton and other officials, however, said they have been painstak-
ingly putting together a list over the past several years, gleaning a
name here and a piece of information there. The Apalachin arrests
provided one break. Another was the apparent Mafia execution-murder
of one of its aging dons, Francesco Scalici (or Scalise), in New York
on June 17, 1957. Police found among his eiJects an unexpected haul
of 400 names, addresses and telephone numbers, including several from
lios Angeles and Las Vegas.
The two Southern Californians picked up at the Apalachin meeting
were identified as Simone Scozzari and attorney Frank Desimone, a
member of the California bar. It was the first widespread publicity for
Desimone, whom police officials described to the subcommittee as a
longtime resident of Downey and graduate of the University of
Southern California law school. Police said he handled certain criminal
cases, usually hiring other attorneys to appear in court, while he
watclied the proceedings from the audience. He had an office on South
Spring Street in downtown Los Angeles, and later in the California
Bank Building at Wilshire Boulevard and Beverly Drive in Beverly
Hills. Among his clients was the late Mafia leader. Jack Dragna. Early
in 1959 Desimone began serving a six months contempt sentence for
failing to appear before a New York federal grand jury. This con-
viction was reversed on May 29th after he had served about four months.
^ Sondern, Frederick, Jr., "Brotherhood of Evil : The Mafia." Farrar, Straus and
Cudahy, Inc., 101 Fifth Ave., New York 3, New York, 1949. $3.95.
22 THIRD AND FINAL REPORT
The other Southern California delegate at Apalachin, Simone Scoz-
zari, has long been known to Los Angeles police as the manager of
a clrab establishment, the Venieian x^thletic Club at 800 North Broad-
way in downtown Los Angeles. It consisted of a long room containing
a few wooden tables and chairs, a cigar counter, a cold drink cabinet.
The only athletics ever observed there were cardplaying. Scozzari could
usually be found on the premises, neatly dressed in brown suit and hat,
a slight man nearing 60 and wearing horn-rimmed glasses. He drives a
1952 Chevrolet. For several years he lived quietly in San Gabriel,
moved recently to a modest rented house in Rosemead. Police said his
circle of old Italian and Sicilian friends (Scozzari was born in Palermo)
customarily moved from the club out to Scozzari 's back yard on Satur-
day and Sunday afternoons to listen to the ball games. Police quoted
Scozzari as telling them his only source of livelihood was the cigar
counter and the "coke" machine at the club. AYhen arrested at Apala-
chin, he was carrying approximately $10,000.
Anthony Pinelli, a respected businessman in Sierra Madre since the
late 1940s, lives on a higher scale with a spacious home and pool in a
good neighborhood. He also reportedly owns several other homes and
pieces of property in Sierra Madre, Pasadena, Arcadia, AVest Covina,
El Monte and Hollywood, wdth a total value exceeding a half million
dollars — as well as other property in Chicago and Gary, Indiana. Mr.
Pinelli has had little contact with the police, apparently, since he
served a six-month term for liquor law violation in 1938. A case involv-
ing an illicit still was dismissed in 1942. And in 1953, when he went
to the Los Angeles airport to greet top Chicago gang boss Tony Aceardo,
he found police officers also on hand, to encourage the Chicago visitor
to catch the next plane out of town. Mr. Pinelli 's name reached the
headlines in April, 1959, after the McClellan Committee of the U. S.
Senate subpoenaed him to appear for questioning about Mafia connec-
tions, particularly in Gary.
Tlie Joint Judiciary Committee also was told at its September 26th
hearing of what w^as described as a typical intra-Mafia wedding, uniting
the son of a Biu'bank club owner, and the daughter of "Black Bill"
Tocco, an organization leader in the Detroit-Cleveland area. The bride-
groom, who moved to Detroit and became an officer in a linen company
with a home in exclusive Grosse Point, later was summoned before
the McClellan Committee w^here, according to testimony, he took the
Fifth Amendment on more than a hundred questions.
Bevei'ly Hills and Palm Springs, the Joint Judiciary Committee was
informed, are also favorite spots for prominent gang figures either to
establish residence or hold conferences. The crime subcommittee ques-
tioned Police Chief C. II. Anderson of Beverly Hills on this point at its
hearing on September 10, 1958:
Senator Eegan : Is it true or false that there are known criminals
living in your area? By known criminals I don't just mean the
ordinary criminal ; I mean the so-called national hood, gangster,
hoodhim type.
Chief x\nderson : I could say that we have a few topnotch dealers
in vice and corruption * * * associated with crime syndicates
throughout the United States.
CRIME AND CRIMINAL COURTS IN CALIFORNIA 23
I have in mind a recent arrival who was before a congressional
committee and took the Fifth AmoiidmcMit I guess it was 80 times.
I had liini in my establishment for passing worthless cheeks. I
asked him wliy did he come to Beverly Hills. He said, "Well, I can
afford to live here. You have very good schools, and I feel secure
with the police protection I get here." Not that he is getting pro-
tection in the wrong sense, but lie felt his family had less chance
of being attacked by gangsters by living there. * * * "
My observation has been that so many people think of gangsters,
hooligans and hoodlums as the rough characters that you see in
motion pictures. This just isn't so. There are quite a few who are
well established and have incomes that justify their residing in the
better districts. * * *
Occasionally we had conferences of gangsters from all over the
United States. They were renting local hotels. * * *
Senator Regan : Do you have personal knowledge of this element
living in your area * * * the individuals' names, where they live,
and so on?
Chief Anderson : I think we know most of them.
Senator Regan : A considerable list, is it?
Chief Anderson : I would say we have maybe 10 or 15.^ For
example, we had a man that lived there for quite some time. Factor
was his name. He was famous in Illinois (as Jake the Barber). It
wasn't until the release of this fellow — it was a federal court
release — that we found out that he lived in our city. He has a home
that represents around $300,000. * * *
Senator Regan : Do you know whether or not any of the crimes
which have so spectacularly been rising in the State of California
can be traced back to any influence of any of these people who are
living in your community ?
Chief Anderson : No. I think most of those who reside in my
community have eastern connections * * * interests in Las Vegas,
New York, New Jersey. They fly back and forth. By airplane it is
just a matter of a few hours to get back there. * * *
Senator Regan : Do you have a registration ordinance in your
city for ex-convicts ?
Chief Anderson ; * * * I used to have an ex-convict registration
law, which I found to be most helpful. * * *
Senator Regan : When did that ordinance go into effect, if you
recall ?
Chief Anderson : Some 20-odd years ago.
Senator Regan : Would you say while it was in effect that it did
the work effectively?
Chief Anderson : Yes, it did * * *
Senator Regan : Did you have any specific member or members
of your department who followed that, so that any time there was
a known ex-convict in the area he had to register, or was it on a
voluntary basis as far as the individual was concerned ?
*The committee later received a letter from Chief Anderson saying he had not meant
that there were "10 or 15" top-rank criminals living in Beverly Hills at the
moment, that his reply included some who had resided there in the past.
24 THIRD AND FINAL REPORT
Chief Anderson : If we found they were in town, a detective
could pick them up and bring them in and have them register. The
court would duly impose a fine, and this would discourage them
coming back. * * *
Senator Richards : What was the penalty for failure to register ?
Chief Anderson : Just a local fine, 25 or 50 dollars * * *
Chief Anderson testified that the names of ex-convicts who registered
were kept confidential and were not given to the press. This he defended
as a policy followed in other cities having similar registration systems.
During this part of the testimony, he said:
Chief Anderson : There was one fellow— a man named Milano "^ —
who was a very successful banker. He owned two or three news-
papers in Cleveland. He is a strong political figure in Ohio. He
came in and registered. He didn't want any embarrassment to his
family. He would come out at Christmastime, then come out in the
summer for a couple of months, and the rest of the time he lived
in Cleveland. He came in and registered to avoid bad publicity in
town. * * * If a man comes in and registers as required, there is
no reason to publicize that. * * * He knows that we know where
he is and what type of offenses he has been convicted of * * *
Chief Parker: I think you will find these ordinances (in other
cities) universally provide for a protective cloak around the infor-
mation ; it is confidential and cannot be released. * * *
Senator Regan : Chief Anderson, when an individual would reg-
ister under your ordinance, what would you do after that, if any-
thing? Would you keep them under surveillance or anything of
that kind ?
Chief Anderson : Oh yes. For instance, when we knew that Mr.
Milano was in town, we would increase the surveillance of his resi-
dence. The men on the post would be alerted to see what kind of
contacts were made at his home, in order that we might have a
general idea of what type of activity he was in.
If we knew that a group of ex-convicts were at a particular
hotel, we would increase the surveillance at that hotel and see
what type of contacts they were making.
In reply to a question from Senator Richards, both Chief Anderson
and Chief Parker said that the requirement for registration of ex-
convicts should be embodied in a state law rather than in local ordi-
nances. In the words of Chief Parker: "You are going to have to put
this on a state level. Communities can 't combat this alone. ' '
The law enforcement officials who testified at the subcommittee
hearings, while differing on some details, w^ere generally in agreement
on the following points :
• Mafia members are not numerous in Los Angeles and Southern Cali-
fornia, but they are present and are conducting certain operations
in bookmaking, narcotics and shakedowns.
7 Identified elsewhere in the testimony as Tony Milano, a major figure in criminal
circles. See transcript of the September 26, 1958, hearing: at Los Angeles, pp. 7
and 8.
CRIME AND CRIMINAL COURTS IN CALIFORNIA 25
• Aside from the mafiosi and their allies, the criminal element in the
Los Angeles area is largely unorganized ; it consists of a great num-
ber of lone wolves and small, shifting bands of professional thieves ;
most bands have three to five members, a few run as high as 15.
# This situation makes Los Angeles a tempting target for the organ-
ization-minded crime leaders who have become entrenched in several
eastern cities ; strict enforcement has apparently prevented any
large-scale invasion thus far; but the potential profits to be made
from moving in on Los Angeles area narcotics, bookmaking, labor
rackets and other sources create a danger that can only be regarded
as permanent.
The account of how one attempted invasion was turned back by
Southern California lawmen came out at the New York legislative
hearings last year. During his testimony, Federal Narcotics Supervisor
Cusack stated :
Mr. Cusack : Kelly Mannarino is, with his brother Sammy, head
of the numbers and slot machine rackets in Westmoreland County,
Pennsylvania. * * * In March of 1950, Sammy and Kelly Man-
narino showed up in Los Angeles, where they attempted to set up
operations, but they were apparently given so much attention by
the police that they returned to Pennsylvania.^
Witnesses at the September 26th hearing in Los Angeles pointed
out that labor racketeering presents one of the more immediate threats
of Mafia penetration in Southern California. Captain Joseph A.
Stephens, labor specialist for the Los Angeles Police Department,
testified :
Captain Stephens : Within the labor movement there is consid-
erable money. To give you an example * * * one local union,
Laborers Local 300, has approximately 16,000 members in two
classifications of dues, $4 and $5. By taking the $1 classification,
we find that there is $64,000 a month in dues. If you multiply that
by 12, that comes out to $768,000 * * * a natural attraction to
these people. * * *
In the garment industry you have the finger, or the hand, of
Jimmy "The Weasel" Fratiano, you have the Battaglias * * *
you have Louie ' ' Scarf ace ' ' Lieberman, an ex-con from New York,
you have a man by the name of Danny Kitzler, whom we have
identified as Sammy Kitzler, an ex-con from New York convicted
of enforced prostitution in the State of New York. In the Team-
sters ' Union you have a few.
These people make infiltrations into the labor unions. Sometimes
they make infiltrations into industry. * * * The deals, for in-
stance, that they make in the garment industry are such that
we have what is termed a "satisfied victim." For example, a per-
son who is operating a garment shop might be producing 5,000
garments a month in the $9 to $15 dress class. By operating non-
*In his testimony, Cusack also mentioned that the federal narcotics bureau has in its
files the name of Prank Garafola in association with "the late Abraham Davidian,
a California mobster believed to have been assassinated in 1949 by elements of
the Mafia in California. Garafola is a close associate of Joseph and Salvatore
Profaci. Although he resides with his brother (in New York City), he maintains
a post office box at Merced, California." Prom page 34, transcript of proceedings.
26 THIKD AND FINAL REPORT
union he is able to save a dollar per garment. * * * Now, with
this money the man could make a deal with a business agent. The
businessman could make a deal with the business agent whereby he
could give him $1,000 a month and still profit to the extent of
$4,000 a month. * * * AVhen you go to these people and you
ask them if they are paying off, they say "Absolutely not." But
you hear these rumbles and they are pretty well substantiated by
checks.
All these people will write this off as a business expense * * *
they will put a cutter in the garment industry on the payroll.
He might be on several payrolls. He is getting $160 or $170 a week.
Maybe it is a shipping clerk. That's the thing they say in the
trade, "This will cost you a shipping clerk," or "This will cost
you a cutter." It's very hard to get at these people because it is
condoned by the businessman himself.
THE BOOKMAKING PROBLEM
Law enforcement officials who testified before the joint judiciary
subcommittee hearings agreed that it is not fraternal bonds or sociabil-
ity that holds together the Mafia and other criminal organizations, but
the desire for money. "For them, it's just a matter of business," one
official put it. "They'll get together whenever and wherever there is a
chance to make a buck."
It was acknowledged that the thousands of dollars that pour through
the hands of horseracing bookmakers every day — no one can more than
guess at the total amount — constitute a powerful magnet attracting
organized crime to California. IMuch discussion in the subcommittee
hearings centered about possible ways of lessening this temptation,
either through
• More effective policing and prosecution of bookmakers; or
• Lifting the prohibition against bookmaking and placing it under
state control.
Several witnesses, including Police Chief Parker and District Attor-
ney McKesson of Los Angeles, declared that stiffer penalties against
bookmaking offer no solution. Rather, they suggested, bookmaking
should be reduced by law from a felony offense to a misdemeanor,
because the average jury refuses to regard it as a serious crime and
will not bring in a felony conviction. Mr. McKesson said :
Mr. McKesson: At the present time, the attitude of the jurors
who sit on bookmaking cases is that if they thought the guy was
going to the penitentiary, they would not bring in a verdict. That
is what my deputies tell me, who have been in the business a long
time. That has often been said to them by persons who were on
the jur3\ And that is what the judges in the courts say to me is
the reason why they give six months, nine months or three months
in the county jail. Nobody goes to the penitentiary for engaging
in bookmaking because the public raises the question, ' ' Why can I
go out to Santa Anita or Holly^vood Park or Del Mar where
2 million dollars are sometimes bet on one race and 6 million
dollars are bet a day * * * and yet because I put a two dollar
CRIME AND CRIMINAL COURTS IN CALIFORNIA 27
bet down at the cigar store, for heaven's sake, I'm supposed to
go to the penitentiary. Kidicnlons !" * * * And that is the cross
section of the citizenry from which we get our jurors.
Police Chief Parker expressed a similar point of view :
Chief Parker: The crime of bookmaking at present is classified
as a felony, and it is getting nothing but misdemeanor-type sen-
tences out of superior court and using up a lot of the city 's money
in prosecuting the cases. * * * I don't believe there is a climate
that would begin supporting the present law, and if you make
it any more difficult, it would probably be less supported. We are
prepared to recommend in the interest of governmental economy
that the Legislature classify it as a misdemeanor, because that is
the way it is being treated. If you reclassify it, at least you
eliminate the expense of the preliminary hearing, and the fine
won't be any less, anyway.
Los Angeles City Attorney Roger Arnebergh said he believed that
"handling routine bookmaking cases as misdemeanors would probably
simplify the procedure a great deal and save a lot of court time."
Opposition, however, was heard from Undersheriff Peter J. Pitchess
of Los Angeles County (later elected sheriff). He objected that reduc-
ing the offense to a misdemeanor would make law enforcement more
difficult and would remove a deterring effect now present with the
felony classification.
Before calling its Los Angeles hearings, the joint committee received
numerous suggestions that bookmaking should be legalized, thus remov-
ing it from the realm of illegal activities in which Mafia members and
others can reap profits. These suggestions were presented to law enforce-
ment officials at the September 26th hearing, and elicited a variety of
reactions. In general, the consensus appeared to be :
• That to permit private individuals or firms to handle bookmaking,
even under a state licensing system, would do little to keep out
the criminal element;
• That to establish state-operated betting offices operated by state
civil service employees might work successfully;
• That even if state betting officers did drive out illegal bookmakers,
that would not transform them into law-abiding citizens; they
would merely turn their talents to some other crooked profession.
The varying points of view are contained in the following excerpts
from the September 26th hearing:
Undersheriff Pitchess: If we legalize bookmaking here in this
State it would be an invitation to organized crime, the Mafia, any
organization * * * to step in and take it over. * * * Legalizing
bookmaking would be comparable to the idea of legalizing narcotics
and their distribution through centralized and controlled agencies,
and we are opposed to that in law enforcement. * * *
Senator Dolwig: We have legalized horseracing * * * under
state control. Would you say that organized crime has moved into
horseracing ?
28 THIRD AND FINAL REPORT
Mr. Pitchess: * * * I think that it is relatively clean now, but
there is certainly an element that continues to control it * * *
and that is Las Vegas gambling. T don't mean right here at Santa
Anita or Hollywood Park, the local tracks. They attempt to con-
trol it from areas like Las Vegas.
Senator Dolwig : * * * Assuming that you legalize bookmaking,
could you have adequate state control so that you could keep or-
ganized crime out ?
Senator Kegan: We don't mean licensing any individuals who
want to run a book any more than we license a thousand tracks
in California. AVhat we are saying is, could it work if, for example,
Santa Anita had five, six or ten legalized, state-operated places
where you could place a bet just as if you were at the pari-mutuel
machines.
Mr. Pitchess : Operated by state employees ?
Senator Regan : * * * Exactlv.
Mr. Pitchess : That's fine.
*****
Senator Regan : Xow, if the State took the realistic position that
some people do, that if it is not morally wrong to bet at the track,
why is it morally wrong to bet at a book that the State estab-
lishes— now, if we took that source of supply away from the so-
called organized ring, have we accomplished anything?
Captain Hamilton : I don 't think so.
Senator Regan : AVhy ?
Captain Hamilton : Because they will go into other fields of
illegal endeavor.
Senator Regan: Why can't we move into that next field then?
Captain Hamilton: * * * This is what we are dealing with, a
segment of society that is going to make a dollar, and they don't
care how they make it as long as they don't have to work at a
steady job. * * * Our viewpoint is that there isn't such a thing
as a clean bookmaker, unless it is some poor little stupe who is
answering the phone or picking up a few bets. The ones who are
running the handbooks will do anything to make a buck. They
are in muscle work, they are in union activities, they are open for
anything.
The suggestion was presented at the hearing that perhaps book-
making could be curbed if the State were empowered to confiscate the
premises — store, house, or hotel— in which it was discovered taking
place, much as federal authorities confiscate an automobile found in-
volved in narcotics traffic.
This proposal met only negative response. Chief Parker called it
"unrealistic." District Attorney McKesson said that in view of public
tolerance of bookmaking, such a step would only prove "an impedi-
ment to getting any convictions. ' '
Virgil G. Crabtree of the Intelligence Division of the U. S. Treasury
Department suggested at the hearing that it might be possible to use
the State's licensing power to drive bookmakers from two of their
favorite haunts — bars and liquor stores. Said Mr. Crabtree: "If you
were successful in placing more responsibility on the holder of a liquor
CRIME AND CRIMINAL COURTS IN CALIFORNIA 29
license, either a bar or a retail liquor store, that his premises shall not
be used for illegal purposes, you materially hurt the bookmaking busi-
ness. ' '
Chief Parker objected that any law providing for license suspensions
undoubtedly would also have to provide a machinery for appeal, and
that this would make most attempts to close a bar or liquor store
ineffectual.
3. ARE THE COURTS HANDCUFFING THE POLICE
The right of the people to be secure in their persons, houses, papers, and effects,
against unreasonable searches and seizures, shall not be violated, and no Warrants
shall issue but upon probable cause, supported by Oath or affirmation, and particu-
larly describing the place to be searched, and the persons or things to be seized. —
Fourth Amendment, U. S. Constitution.
* * * nor shall any person * * * be compelled in any criminal case to be a wit-
ness against himself, nor be deprived of life, liberty, or property without due process
of law. * * * — Fifth Amendment, U. S. Constitution.
The postwar increase in crime and criminals has revived in California
a debate as old as civilized society itself — that between liberty and
authority, between the requirements of personal freedom and those of
maintaining order. On one side stand those chiefly interested in pro-
tecting the citizen against what they regard as acts of tyranny by serv-
ants of the State; on the other side stand those primarily concerned
with finding and restraining persons who break laws and transgress
against other citizens.
Among those emphasizing law and order, the most vocal spokesmen
are police and prosecution officials. Several of them appeared at Joint
Judiciary Committee hearings in 1958 and subsequently provided the
committee with further evidence to support their arguments. They
directed their fire principally against two targets :
• Decisions by the United States and California Supreme Courts ex-
cluding certain evidence from narcotics and gambling prosecutions,
and requiring the identification of police "stool pigeons"; and
• Leniency by judges, especially in sentencing repeater narcotics
offenders.
DECISIONS: THE EXCLUSIONARY RULE
Under common law, the question of whether a particular piece of
evidence or testimony should be admitted has been : Is it relevant to
the case before us ? Will it help determine the guilt or innocence of the
accused ?
If it passes this test, the evidence has been admitted, regardless of
how it was obtained. If police officers had invaded a home without a
warrant or used other unconstitutional means of seizing the evidence,
that was to be treated as a separate matter. The accused could seek
redress through civil action.
This common-law doctrine has been followed in England, Canada and
most states in the United States — -including California until 1955. Those
defending its use often quote from a 1924 decision. State v. Reynolds:
"When evidence tending to prove guilt is before a court, the public
interest requires that it be admitted. It ought not to be excluded upon
the theory that individual rights under these constitutional guaranties
are above the right of the community to protection from crime. "^
Critics of the doctrine, on the other hand, have declared that this
interpretation has seriouslj^ weakened the citizen's right of privacy
estate V. Reynolds, 101 Conn. 224, 235, 125 Atl. 636, 639 (1924).
(30)
1
CRIME AND CRIMINAL COURTS IN CALIFORNIA 31
and personal liberty. And, they contend, giving the victim the technical
privilege of sning the overzealous officer has proved, in practice, to be
an ineffective deterrent, especially when the victim has little money
or social standing, and perhaps a criminal record.
After the U. S. Supreme Court in 1954 ruled that a Long Beach
bookmaker named Irvine had lawfully been convicted, even though by
illegally obtained evidence, the California Supreme Court brought the
exclusionary rule to this State in 1955 with its celebrated Cahan deci-
sion.2
In this case, Cahan had been convicted of bookmaking in Los Angeles
Superior Court and had appealed. Los Angeles police had gained some
of the evidence against him by secretly entering two houses occupied
by Cahan at night and planting microphones. They also had obtained
evidence against Cahan (and 15 other persons charged with him) by
forcibly entering houses — kicking in doors and breaking windows. The
State Supreme Court, in a four-to-three decision, held that the evi-
dence was obtained in violation of the Constitution's provision against
unreasonable searches and seizures, and so was not admissible at
Cahan 's trial. His conviction was reversed.
In the four years since the Cahan decision, the State Supreme Court
and the district courts of appeal have handed down more than a score
of rulings dealing with the exclusion of evidence, notably in narcotics
cases. Several witnesses at the Joint Judiciary Committee hearings
complained that these rulings have confused both the police and judges
of the lower courts as to what constitutes a "reasonable" search and
seizure.
Among the cases referred to were People v. Cox, 156 CA (2) 472
(1957) ; People v. McShann, 50 Cal. 2d 802 (1958) ; Priestley v. Supe-
rior Court, 50 Cal. 2d 812 (1958) ; and People v. ^yilliams, 162 CA (2)
141 (1958).
The State Supreme Court's reasoning can perhaps best be illustrated
by excerpts from the decisions themselves. In the McShann decision,
for instance, which nullified the defendant's conviction on two counts,
sale of heroin on November 26, 1956, and possession of heroin the fol-
lowing day, the court declared:
The prosecution's evidence showed that on November 26, 1956,
Police Officers McBee, Hilliard, Leen and Goodrum met a con-
fidential informer in Oakland. Officers McBee and Hilliard searched
the informer and found no narcotics on him. The informer, ac-
companied by the four officers, then went to the Oakland Police
Department where he made an appointment by telephone for the
purchase of narcotics from defendant. Officer McBee dialed the
number listed for the residence of the defendant, and a recording
was made of the conversation. Officers McBee, Hilliard and Good-
rum were present during the telephone conversation and later
listened to the recording. The recording, was played before the
jury, and the officers identified the voice talking to the informer as
the defendant's.* * *
^People V. Cahan, 44 Cal(2) 434 (1935).
32 THIED AND FINAL REPORT
On November 27, 1956, the informer ag:ain made a telephone
call to defendant, which was also recorded (and later played to the
jury), and arranged to pnrchase heroin from him at a bar. * * *
Disclosure is frequently a problem in such cases as the present
one involving violations of the narcotics laws, when the so-called
informer is also a material witness on the issue of guilt. A mere
informer has a limited role. "When such a person is truly an in-
formant he simply points the finger of suspicion toward a person
who has violated the law. He puts the wheels in motion which
cause the defendant to be suspected and perhaps arrested, but he
plays no part in the criminal act with which the defendant is
later charged." {People v. Lawrence, 149 Cal. App. 2d at 450.) His
identity is ordinarily not necessary to the defendant's case, and the
privilege against disclosure properly applies.
When it appears from the evidence, however, that the informer
is also a material witness on the issue of guilt, his identity is
relevant and may be helpful to the defendant. Nondisclosure would
deprive him of a fair trial. Thus, when it appears from the evidence
that the informer is a material witness on the issue of guilt, and
the accused seeks disclosure on cross-examination, the people must
either disclose his identity or incur a dismissal. * * *
Defendant denied that he had heroin in his possession and denied
that he received the alleged telephone call. * * * As the originator
of the telephone call, the informer was a material witness on the
issue of possession. The prosecution made him such a witness by
introducing evidence of his telephone call to make a purchase of
heroin and by playing a recording of the telephone conversation
before the jury.
The prosecution could have relied solely on the testimony of the
officers as to defendant's possession of heroin and as to his admis-
sions without reference to the telephone call. They chose instead
also to introduce evidence of the telephone call, which substantiated
the testimony of Officers Goodrum and Reppas and discredited
defendant's. Defendant denied receiving the call. He had no fair
opportunity to substantiate his denial and impeach the testimony
of the officers without disclosure of the informer's identity. Had
there been disclosure, the informer might have testified that no
such telephone call was made, that it was not defendant who re-
ceived the call, that someone else was called, or that there was an
entrapment.
In another decision, the one freeing Clyde M. Priestly of San Fran-
cisco after his conviction on two counts of possessing narcotics, the
State Supreme Court ruled, in part :
The evidence at the preliminary hearing showed that at approxi-
mately 3 p.m. on April 18, 1957, Officer McKinley of the San Fran-
cisco Police Department received information from an informer
that defendant had heroin in his apartment and that the informer
had been there previously and obtained narcotics from defendant.
The informer also said that there were narcotics in an apartment
occupied by Cecil Thomas. At about 3.30 p.m. Officer McKinley
and another officer went to the apartment occupied by Cecil
CRIME AXD CRIMINAL COURTS IN CALIFORNIA 33
Thomas, arrested him there, and found narcotics in his apartment.
At that time, the officers received information from a second in-
former that defendant possessed narcotics.
Acting' solely on the information from the two informers, Officer
McKinley and the other officer went to defendant "s apartment and
knocked on the door. After about 10 minutes, defendant opened
it, and they then placed him under arrest and searched his person
and the apartment. They found heroin on his person and dolophine,
a narcotic, in a dresser drawer. The arrest and search were made
without a warrant. * * *
Defendant made a prima facie case by showing that his arrest
and the search of his person and apartment were made without a
warrant. The burden was then on the prosecution to show proper
justification. * * * The People contend that they met that burden
by the officer's testimony of the communications from the two in-
formers. * * *
In People v. McShann, the informer was a material witness on
the facts relating directly to the question of guilt. The policj' con-
flict there involved was between the encouragement of the free flow
of information to law enforcement officials and the right of the
defendant to make a full and fair defense on the issue of guilt.
In the present case the communications of the informers are
material to the issue of reasonable cause to make the arrest and
search, and the policy conflict is between the encouragement of the
free flow of information to law enforcement officers and the policy
to discourage lawless enforcement of the law.) (See People v.
CaJian. * * *)
If the testimony of communications from a confidential informer
is necessary to establish the legality of a search, the defendant must
be given a fair opportunity to rebut that testimony. He must there-
fore be permitted to ascertain the identity of the informer, since
the legality of the officer's action depends upon the credibility of
the information, not upon the facts that he directly witnessed and
upon which he could be cross-examined.
If an officer were allowed to establish unimpeachably the law-
fulness of a search merely by testifying that he receiving justifj'ing
information from a reliable person whose identity cannot be re-
vealed, he would become the sole .judge of what is probable cause
to make the search. Such a holding would destroy the exclusionary
rule. Only by requiring disclosure and giving the defendant an
opportunity to present contrary or impeaching evidence as to the
truth of the officer's testimony and the reasonableness of his reli-
ance on the informer can the court make fair determination of the
issue.
Such a requirement does not unreasonbly discourage the free flow
of information to law enforcement officers or otherwise impede law
enforcement. Actually its effect is to compel independent investi-
gations to verify information given by an informer or to uncover
other facts that establish reasonable cause to make an arrest or
search. Such a practice would ordinarily make it unnecessary to
rely on the communications from the informer to establish reason-
2— L-4828
34 THIRD AND FINAL REPORT
able cause. When the prosecution relies instead on coramnnica-
tions from an informer to show reasonable cause and has itself
elicited testimony as to those communications on direct oxamina-
tion, it is essential to a fair trial that the defendant have the right
to cross-examine as to the source of those communications. If the
prosecution refuses to disclose the identity of the informer, the
court should not order disclosure, but on proper motion of the
defendant should strike the testimony as to communications from
the informer.
In sum, when the prosecution seeks to show reasonable cause for
a search by testimony as to communications from an informer,
either the identity of the informer must be disclosed when the
defendant seeks disclosure, or such testimony must be struck on
proper motion of the defendant. * * *
The People contend that even if disclosure is required at the
trial, it should not be required at the preliminary hearing. Since
the purpose of the preliminary hearing, however, is to determine
whether there is competent evidence to commit the defendant for
trial, disclosure at that time is necessary to determine whether the
e\ddence acquired by the search is competent. The defendant may
not be committed for trial when there is no competent evidence
to support a belief that he is guilty of a public offense. Moreover,
disclosure at the preliminary hearing will ordinarily obviate the
the necessity of a continuance during the trial to permit the de-
fendant to locate and interview the informer. Defendant was there-
fore entitled either to disclosure of the informers' identities or
to the striking on proper motion of the testimony of the officer
as to the communications of the informer offered to establish the
legality of the search. * * *
The narcotics seized in the search were not admissible and should
have been excluded.
Justice Carter prepared a concurring opinion in which he made the
following points :
The issue presented is whether there is any competent evidence
of probable cause on which to hold defendant to answer. If there
is no such evidence, the writ of prohibition must issue. * * * Nar-
cotics seized during the arrest and subsequent search of defend-
ant's person and premises was the sole evidence offered to show
probable cause. This evidence is admissible only if the arrest and
search by the police officers was legal. {People v. Cahan * * *).
Defendant challenged the legality of the arrest and seizure, point-
ing out that there was no warrant, and contending that the police
officers acted without probabli^ cause. In these circumstances the
burden is on the prosecution to justify the officers' conduct. * * *
The police officers testified that they had received information
from two reliable informants that defendant was in possession of
narcotics. This was the only evidence offered to establish that the
police officers had probable cause, and thus it forraus the sole basis
on which the arrest and search can be justified. On cross-examina-
tion defendant sought to elicit the names of the informants. The
magistrate denied defendant the right to cross-examine on .such
CRIME AND CRIMINAL COURTS IN CALIFORNIA 35
matter, riilmg that the identity of the informants was confidential
and privileged.
Conceding that this testimony is sufficient to establish probable
cause to make an arrest and search, nevertheless the denial of
defendant's right to cross-examine the prosecution witnesses re-
garding the identity of informants renders it incompetent, the
result being that the search and seizure is illegal, which renders
the evidence seized inadmissible under the exclusionary rule, and
leaves the court without any competent evidence of probable cause
to hold defendant to answer.
The People contend that the magistrate properly refused to dis-
close the identity of the informants for the reason that such matter
is privileged under Section 1881, subdivision 5, of the Code of Civil
Procedure. This section provides: "A public officer cannot be
examined as to communications made to him in official confidence,
when the public interest would suffer by the disclosure." It is
argued that if the identity of informants must be disclosed, this
flow of information to police officers will break an important link
in law enforcement, causing the public to suffer.
* * * I have concluded that the privilege asserted by the People
must yield in the present circumstances to the greater interest of
protecting an accused's constitutional right to a fair hearing. * * *
An accused at a preliminarj- hearing is entitled to counsel * * *
examination and cross-examination of witnesses * * * and the
traditional rights of an accused at a criminal trial. * * * An
improper denial of the right of cross-examination constitutes a
denial of due process. * * *
Such principle applies to the case at bar. * * * The only evi-
dence to show probable cause that defendent had committed a
felony was evidence seized by the police officers. This evidence
is only admissible if the search was legal {People v. CaJian * * *).
In an attempt to show the search was legal, the prosecution wit-
nesses testified that they were acting on the information of a reli-
able informant. This was the sole evidence offered by the prosecu-
tion to prove the legality of the search. Defendant can only rebut
this evidence by either showing that the informant does not exist,
that he is unreliable, or that the information conveyed to the
police officers was otherwise than that testified to.
But the opportunity to establish any one of these alternatives
depends on knowledge of the informant's identity. To deny de-
fendant this opportunity is to hold him to answer on the basis
of ex parte statements, which we know from experience are too
unreliable to be considered as evidence where factual issues are
disputed.
The words of Mr. Justice Douglas dissenting in United States
V. Nugent, 346 U. S. 1 at 13, echo the unfairness of such a denial.
"The use of statements by informers who need not confront the
person under investigation or accusation has such an infamous
history that it should be rooted out from our procedure. A hearing
at which these faceless people are allowed to present their whis-
pered rumors and yet escape the test and torture of cross-examina-
tion is not a hearing in the Anglo- American sense."
36 THIRD AND FINAL REPORT
Three of the seven State Supreme Court justices dissented from the
majority decision. In his dissent for the minority, Justice Spence
wrote :
The two counts of the information charged mere possession by
petitioner of two different types of narcotics on the day of his
arrest. No informer was present with the accused at the time of
the alleged offenses, and no informer was a participant in either
of the offenses * * * with which petitioner was charged. * * *
The evidence showed without contradiction that the petitioner had
committed and was committing the felony of possession of nar-
cotics at the time of his arrest. I am therefore of the opinion that
his arrest was lawful * * * (and) that the search which produced
the narcotics was a reasonable search as an incident of such lawful
arrest. * * * The question of where the arresting officer may have
obtained his information is wholly immaterial in determining that
the arrest was lawful and that the search was reasonable as an
incident of such lawful arrest.
The majority express the fear that any contrary holding here
''would destroy the exclusionary rule." I cannot agree. This court
has committed itself to the task of establishing "workable rules"
to supplement the exclusionary^ rule and to the avoidance of "need-
less refinements and distinctions" and "needless limitations on
the right to conduct reasonable searches and seizures." {People v.
CaJian * * *.) In my view, the majority opinions * * * fall short
of that commitment, and, on the contrary, contain within them-
selves the seeds of the destruction of the exclusionary rule. * * *
(The.y) appear to have the effect of defeating the ends of justice,
and thus inviting the destruction of the exclusionary rule through
legislative nullification.
THE POLICE AND PROSECUTORS' SIDE M
In criticizing the California courts' application of the exclusionary
rule, police officials and prosecutors who appeared at committee hearings
concentrated chiefly on the rule's effect on narcotics enforcement. Re-
cent court decisions, it was said time after time, have confused both
police and trial court judges. Enforcement officials described how they
had shifted their methods as one police practice after another was out-
lawed by Supreme Court rulings.
Manley J. Bowler, Chief Deputy District Attorney of Los Angeles
County, testified:
Mr. Bowler : Successful prosecution of narcotics cases is depend-
ent 95 percent on informants, (and) here is what the courts have
done to us on this informant situation.
Prior to April, 1957, what Avould the officers do? An informant
would come up to them and say, "I am going to make a buy from
this individual." They M'ould shake him down, search him, put
marked money on him, and then keep him under constant sur-
veillance until he went and got his buy, and then they would grab
and search the informant and they would find the bindle of heroin,
and they would search the (seller) and find the marked money.
They would go to the court, and if they were asked ' ' Who was the
CRIME AND CRIMINAL COURTS IN CALIFORNIA 37
informant," they could refuse under Section 1881, subdivision 5,
and the court reeoonized that.
Then in April, 1957, this case of Lawrence came down from the
district court of appeal * * * holding- that if the informant par-
ticipates in the transaction, then the defense is entitled to have
him as a material witness. * * * So all the law enforcement offi-
cials got together * * * and said, "What are we going to do?
Narcotics enforcement is dependent upon the use of these inform-
ants. ' '
So we determined that we would engage in the multiple-buy
transaction. In other words, the informant would go with the
undercover agent to the first transaction. Ordinarily an informant
would have to make the buy. Then * * * they would reach a point
where the seller would deal directly with the undercover agent
and the informant wouldn't be there. We would * * * file on that
transaction. We did that and got all kinds of diverse rulings from
the superior court.
In December of 1957 we got the case of People versus Cox * * *
that was a situation, in count one, where the informant partici-
pated in the transaction. Three days later, in count two, the seller
dealt directly with the undercover agent and the informant wasn't
there. It went up to the district court of appeal. * * * Judge Fourt
wrote the opinion. He reversed the first count, where the informer
participated, and said he should have been divulged, but so far
as the second transaction was concerned * * * they affirmed that
conviction.
Well, again we thought, well, now we are making progress, we
were getting to a point where we could operate.
Then three months later in this same district, in People versus
Williams, in a precisely same situation, where on count one the
informant participated and on count two he did not participate,
the district court of appeal said that in both cases you have to
divulge the name of the informant. Now that case is up before
the (State) Supreme Court.
Some three months after the committee hearing, the State Supreme
Court in December, 1958, agreed with the District Court of Appeal
that the conviction of Robert Williams on two counts of selling narcotics
should be reversed. The year before, in 1957, the same District Court of
Appeal, as Mr. Bowler pointed out, had made what appeared to be a
diametrically opposite ruling in People v. Cox : that the name of an
informant who had introduced the officer to the narcotics seller for the
first transaction did not need to be divulged if the seller were being
tried for a second sale in w^hich the informer took no part, and only
the officer and the seller were present.
The State Supreme Court, however, based its decision in the Wil-
liams case largely on the point in AVilliam's defense that the officer
had not arrested him until three months after the sale took place, and
(Williams said) had arrested the wrong man; thus, the informant
who had introduced them the first time, the court held, became a key
witness as to the identification, and the defense should have been able
to call him to the stand. The Supreme Court's decision stated, in part:
38 THIRD AND FINAL REPORT
Officer Reiity was tlio ouly witness for the prosecution. * * *
On February 4, 1957, Renty was standing: on East Fifth Street
in Los An^ieles witli an informer who had been used by the police
on other occasions. The informer called to defendant, addressing
him as "Red" and when the defendant walked over to them, the
informer told him that Renty "had the money," which meant,
in narcotics parlance, that Renty wanted to buy narcotics. De-
fendant said that he "could do us some good," and, while the
informer waited outside, Renty and defendant entered a nearby
cafe where Renty handed defendant a $10 bill. On February 7.
1957, Renty was again in the area when be saw defendant and said
that he had $9. They entered the same cafe, and defendant sold
Renty more narcotics. * * *
On cross-examination Renty refused to dislose the identity of
the informer. Defendant testified that the officer was mistaken in
identifying him as the one who had made the sales, and he * * *
(declared) that the informer was a material Avitness whose identity
was necessary to a fair presentation of the defense. The motions
were denied.
It has long been recognized that, although the government is
generall}^ privileged to withhold the identity of informers, the
privilege must give way when it comes into conflict with the
fundamental principle that a person accused of crime is entitled
to a full and fair opportunity to defend himself. * * *
Disclosure is required where the informer participated in the
crime with which the defendant is charged. * * * However, the
limitation is not confined to such cases, since it is based upon ma-
teriality of the informer's identity to tlie defense. Clearly, for ex-
ample, an informer who took no part in the crime but was an
eyewitness may be in a position to give highly significant testi-
mony. * * * Also, where the informer did nothing more than give
the police information leading to a search and seizure made with-
out a warrant and alleged to be unlawful, courts have compelled
disclosure if the informer's communication was the only justifica-
tion for the action of the police. * * * In that type of case the
identity of the informer is material because, unless he was a person
upon whose credibility the police were entitled to rely, the neces-
sary showing of reasonable cause for the search and seizure would
not be present. On the other hand, the limitation upon the privilege
does not apply, of course, in every criminal case. For example,
disclosure has not been required where there was reasonable cause
for a search and seizure apart from an informer's communication
which led the police to suspect the defendant. * * *
In the present case, the informer was clearly a material witness
on the issue of guilt with respect to the first sale. He not only
saw the seller of the narcotics, whom he knew prior to that occa-
sion, but also was instrumental in bringing about the transaction.
As a witness at the trial he might have testified that defendant
was not the seller of the narcotics, and such testimony would have
been especially important to the defense. * * * The officer was the
sole witness for the prosecution * * * so far as appears from
the record, he saw the culprit for only a few minutes, three months
CRIME AND CRIMINAL COURTS IN CALIFORNIA 39
prior to defendant's indictment and arrest. Under the circnm-
stances, disclosnre of the identity of the informer was necessary
to a fair trial of count one.
Although the informer did not witness the second transac-
tion * * * the theory of the prosecution, as sought to be estab-
lished by the officer's testimony, was that the same person, allegedly
defendant, connnitted the two offenses. If the informer had con-
tradicted the officer's identification of defendant as to the first
sale, this would have been highly material evidence to show that
the officer was also mistaken in connecting defendant with the
second transaction.
The failure to compel disclosure of the informer's identity re-
sulted in a miscarriage of justice with respect to both counts. * * *
Tlie judgment and the order denying a new trial are reversed.
EFFECT ON ENFORCEMENT METHODS
District Attorney McKesson of Los Angeles gave the crime subcom-
mittee hearing of September 10, 1958, a word picture of how recent
court decisions excluding evidence have affected the working habits of
the policeman on the street. Using hypothetical cases, he illustrated the
limits within which officers now feel they must operate :
Mr. McKesson : Not only the Cahan decision * * * but the Law-
rence case has done a great deal to restrict the kind of job a peace
officer needs to do if we are going to get convictions in narcotics
cases. In the Lawrence case it was said you have got to reveal the
name of your informer. Suppose somebody calls up (Sheriff) Pete
Pitchless and says, "There's a man on the corner of Third and
"Wilcox. He's got three ounces of heroin, a scar on his face, and is
sitting in a blue automobile." Pete says, "Who is this?" He says,
"I can't tell my name," and slams down the phone. Now, we have
the officer on the witness stand testifying, because he went out and
made the arrest. The first thing he's asked, "Well, who was this
fellow that told you these things?" He says, "I don't know who
he was, just somebody who called up."
Not only the Lawrence case but the Williams case and four or five
others made it necessary for us to show that we received the in-
formation from a reliable informant. That is the unfortunate adjec-
tive, I think * * * a "reliable" informant. A reliable informant
is one from whom you have received information before. You have
taken it and found it to be good information. You made an arrest
and got a conviction.
Senator Regan : How about an anonymous informer ?
Mr. McKesson : On that we have no right to make an arrest or
search. We have to have something more than that. We must have
reasonable grounds to believe that the crime was committed in order
to make an arrest and search. * * *
(For instance) we have the officer standing on the street corner.
He sees an automobile go by. The officci- may be in a i)rowl car or he
may be on traffic duty. This fellow goes through a red light. The
officer goes after him to give him a traffic ticket. As he pulls up
behind him, he notices the fellow is holding his hand out and
40 THIED AND FINAL REPORT
something falls from his hand. He comes up to give him a traffic
ticket * * * he notices an object on the ground and picks it up.
He finds a bindle of marijuana cigarettes. He wants to search the
car then. The courts have said there is no justification to search
the passenger who is sitting on the right side of the driver. There
are two people in the back seat, but you have no right to search
them because .vou saw the driver put his hand out. It doesn't indi-
cate reasonable suspicion that the other people committed a felony.
That is a tough sort of situation to put an officer in.
District Attorney McKesson told the hearing that his office had felt
compelled to refuse to file complaints against many narcotics suspects
arrested by police, because it was believed the evidence against them
would be thrown out under the exclusionary rule. These so-called
"Cahan cases," he said, accounted for one-half of the narcotics cases
refused for prosecution. (Total refused from mid-1957 to mid-1958:
7.2 percent of narcotics complaints sought by police, or about 200 cases
refused ; of these, approximately 100 rejected on grounds the evidence
would be excluded.)
Mr. McKesson said that of the narcotics cases accepted for prosecu-
tion, some were dismissed by judges at preliminary hearings on the
basis that evidence had been illegally obtained. And among the cases
that survived and went to trial, the superior court judges ordered better
than 17 percent of the defendants acquitted for the same reason : that
the officers had resorted to illegal search and seizure or had refused to
name an informant.
LEGISLATION WANTED
When asked what action he believed the Legislature should take
regarding the exclusionary rule, District Attorney McKesson replied:
''We think that a recommendation made by the Grand Jury of Los
Angeles county this year (1958) should be given very serious considera-
tion. * * * The recommendation is that there be an amendment to
the Health and Safety Code to provide that in all (narcotics) criminal
actions under the code, relevant and material evidence should be ad-
missible * * * regardless of the manner in which the evidence may
have been obtained." Mr. McKesson emphasized that he was speaking
only of narcotics offenses.
This return to the pre-Cahan, common-law treatment of narcotics
evidence also was advocated by several police officials before the Com-
mittee. Undersheriff Pitchess declared :
Mr. Pitchess : The exclusionary rule in the State of California has
very seriously hampered the efforts of law enforcement. We hope
that through legislation we can have that modified. * * * All the
legislation in the past 5 or 10 years has been restrictive to law
enforcement. I don't recall any laws that have * * * been in favor
of law enforcement. I think you people can do us a service and do
society a service if you will help us get some corrective legislation
on the books.
From District Attorney J. F. Coakley of Alameda County the com-
mittee received a written statement (September 5, 1958) saying: "The
repeal of the exclusion rule of evidence enunciated in the Cahan deci-
CRIME AND CRIMINAL COURTS IN CALIFORNIA 41
sioii would help. Tf the Legislature will not eonipletoly repeal the Cahan
decision, it should at least modify the decision with respect to the illegal
traffic in narcotics and * * * gambling'' * * * If the TiCgislatnre does
not see fit to repeal or modify the exclusion rule as enunciated in the
Cohan case, then consideration should be given to enacting legislation
to provide for a motion to suppress and/or a motion to determine
admissibility before trial so that the State may know exactly what evi-
dence is admissible before the defendant is in jeopardy * * * rather
than going to trial blindly and finding out for the first time, by a ruling
of the trial judge after the defendant is in jeopardy, that certain
necessary evidence is not admissible."
District Attorney Coakley also advocated legislation "to permit the
execution of a search warrant at night predicated upon reasonable and
probable cause. If the Legislature would not see fit to authorize this
in all felony cases, it should do so at least with respect to the illegal
narcotic traffic and gambling. ' '
Laws liberalizing the issuance of search warrants were likewise pro-
posed by Police Chief Carl Eggers of Glendale, President of the State
Peace Officers Association. He stated :
Chief Eggers : Especially some attention should be given to per-
mitting a peace officer to obtain a search warrant on information
and belief when he has information from a reasonable source
properly authenticated. The wording of the code has been inter-
preted by many courts as requiring an affidavit from a witness
who has personal knowledge of the location of the evidence to
be searched for. This interpretation often keeps us from getting
a search warrant, especially in narcotics cases, because w^e must
keep the identity of our informants secret. Even to bring the in-
formant into a private hearing wall place his name and testimony
before the court and will later jeopardize his personal safety * * *
It also renders him useless to us as an informant in the future.
In cases like this, an officer should be able to obtain a search war-
rant on information and belief. * * *
All of us realize that there are many situations arising especially
in narcotic law enforcement when it is completely impractical to
wait for the issuance of a search warrant. Many decisions of the
state supreme court subject to the Cahan ruling have recognized
this and have attempted in some respect to define the application
of the term "unreasonable" as it might be applied in these situa-
tions. I see no reason why some legislation * * * could not be
enacted establishing some positive rules defining the term "un-
reasonable. ' '
Some police officials seemed to question the whole idea of requiring
search warrants in narcotics and gambling cases. As one of them put
it: "Customs people are permitted under federal legislation to enter
and search for contraband. The same way with immigration agents.
They need no warrants. But they say to us, 'If you want to search a
place, get a search warrant. ' That is practical only if you know what
^ On the other hand, one judge presiding over a criminal court said the principle of the
decision should be applied to all cases, both civil and criminal. Letter dated Sep-
tember 30, 1958, from Superior Court Judge Hewicker of San Diego. See Ap-
pendix 4.
42 THIRD AND FINAL REPORT
you are after, the actual objects. If a'ou don't know, you can't get a
warrant. What's more, it take two to three hours to get a warrant.
That 's often too long-.
The State of Michigan in 1!).j2 amended its constitution to permit
peace officers to seize, without warrant, evidence of narcotic law vio-
lations outside the curtilage of any dwelling house. The Michigan
Attorney General's Office advi.sed the Joint Judiciary Committee that
no detailed study had been made, as of late 1958, of the effects of this
change, but that it was evident that the number of drug violators sent
to prison has sharply increased since the amendment went into force.
In 1946, for instance, only 11 violators were committed ; 10 years
later, in 1956, the number totaled 211.
Police officials who appeared at the hearings later filed with the
committee a statement that they said well summarized their philosophy
of the enforcement problem. The statement was presented by Virgil W.
Peterson, operating director of the Chicago Crime Commission, before
a regional meeting of the American Bar Association in St. Louis (June
13, 1958 ) . It said, in part :
In the first place, the purpose of establishing the Constitution
of the United States, as set forth in its preamble, was ''to form a
more perfect union, establish justice, insure domestic tranquility,
provide for the common defense, promote the general welfare, and
secure the blessings of liberty to ourselves and our posterity * * *. "
And if the Constitution is to have meaning, its varied provisions,
including the amendments, must be interpreted in the light of its
avowed purposes. The fourth amendment's exclusion of "unrea-
sonable searches and seizures" or the fifth amendment's prohibi-
tion against self-incrimination, for example, do not stand by
themselves. If. through a highly technical and narroAv judicial
interpretation of such amendments, justice becomes a mockery, or
domestic tranquility is threatened to the detriment of the general
welfare, then the very purposes of the Constitution itself are
defeated.
Secondly, virtually all rights are relative. Very few, if any, are
absolute. This is true whether they are established by the Constitu-
tion, statutory law or have developed through human experience.
The general public has numerous rights. But these rights cannot
be permitted to be exercised in such a manner that they run rough-
shod over the rights of individuals. On the other hand, the rights
of individuals accused of crime are not paramount to the right
of the average law-abiding citizen to be protected from the depre-
dations of criminals. There is always a very delicate balance to be
maintained between the rights of society and the rights of the
criminal. It may never be possible to maintain this balance com-
pletely. But if tlirough judicial interpretation the pendulum swings
sharply either in the direction of undue emphasis en society's
rights or on those of the individual criminal, the scales of justice
become so out of balance that the general welfare must necessarily
suffer. * * *
With almost every session of the (U. S. Supreme) Court since
the decision in ^yccks v. rnifcd States in 1914 there have been fur-
ther refinements and additional restrictions placed on police ac-
CRIME AXD CRIMINAL COURTS IN CALIFORNIA 43
tivit}' that was pi-evionslv considered proper. It was not until 11)43
in McNahh v. United S'latcs (-'318 U. S. 332) that the court ju-
dicially legislated the exclusion of confessions or admissions of
crime made while the accused was in custody without having bceu
brought before a magistrate as required by law. Tt M^as not until
lf)56 that the Supreme Court introduced the novel legal principle
that it had supervisory powers over federal law enforcement f»f-
ficers of the executive branch of government and under certain
circumstances would enjoin them from testifying in state court,
thus thwarting state prosecution. * * *
In a report published this year (1958) by the U. S. Senate Com-
mittee on the Judiciary, the opinion was expressed that the Gov-
vernment's right of appeal * * * is entirely too narrow. The re-
port then points out, "It is obvious that the 94 United States dis-
trict courts, with 330 district judges, each having its own views
as to what constitutes an illegal search, there never will be
achieved any degree of uniformity in the federal law until the
Government is granted the right of appeal. Even judges within the
same district are not in agreement as to w^hat constitutes an
unreasonable search. "Where a search will be approved by one, it
will be suppressed by another." And this same situation becomes
vastly more confusing when it is remembered that innumerable mu-
nicipal, county and state judges who pass on motions to suppress
have their oavu ideas as to what constitutes unreasonable searches
and seizures as defined by the United States Supreme Court. Yet
notwithstanding the absence of any clear-cut rules to guide his con-
duct, the police officer remains the whipping boy. If a particular
court decides his search was unreasonable, the officer's conduct is
labeled as illegal, and he is charged with flouting the law. * * *
Of course the guilty should have the same protection safeguards
as the innocent, and I would afford them as much. But I refuse
to join in what I consider an unfortunate trend of judicial deci-
sions in this field which strain and stretch to give the guilty not
the same but vastly more protection that the law-abiding citi-
zens. * * *
A search for truth which will establish justice and promote the
general welfare should be primary objectives of the judicial process.
* * * It is true that in many instances law enforcement perform-
ance is poor. It is true that there are many instances of police
abuse of power. But it is also true that unnecessary technicalities
Avhich have become a part of the administration of justice in this
Country have contributed very materially to our high crime rate
and the impotence of law enforcement agencies in bringing about
its reduction.
Police Chief Willarm Parker at the September 10th hearing in Los
Angeles told the committee : " I have long since come to the conclusion
that the police cannot solve the criminal situation by themselves. The
l)olice can do only one thing. They can do their jobs * * * within the
limits they have been given. * * * We have been in error for a long
time in attemjiting to assume a (greater) responsibility * * * merely
because we were trying to do a better job. * * * Eventually, there will
44 THIRD AND FINAL REPORT
have to be a determination by society itself, what it wants to do about
the problems and how to meet them. ' '
WIRE TAPPING AND "BUGS"
Spokesmen for police departments and prosecntors' offices told the
committee they wished the Legislature would enact measures giving
them greater freedom to tap telephone lines and to secrete microphones
in the premises of suspected criminals.
City Attorney Roger Arnebergh of Los Angeles recommended laws
that would permit "legalized, restricted use of electronic devices * * *
the right to intercept communications pursuant to court order."
District Attorney Coakley of Oakland advocated that wiretapping
be legalized as it is in Xew York, that is, "upon an order of court based
upon sufficient legal evidence. ' '
Los Angeles police officials recalled that in 1955 and again in 1957
the}' had helped arrange introduction of bills in the Legislature to per-
mit telephone tapping, upon court order, from outside the suspect's
premises, but both measures were defeated.
Undersheriff Pitchess of Los Angeles County urged state laws similar
to federal regulations governing use of electronic devices by its law
agencies. Agent Howard Chappell of the Federal Bureau of Narcotics
in Los Angeles was asked by the committee chairman to describe these
regulations under which he worked. He testified as follows :
Mr. Chappell : * * * On telephone wire tapping, the federal law
does not make the interception of a telephone message a crime ; it
makes the divulging of the information so obtained a crime. In
other words, if we were not bothered by state law at the present
time, we could impose telephone taps and obtain the benefits from
the information so received in a multitude of ways without the
fear of having an officer caught in an embarrassing position on a
telephone pole. * * *
If a man is a dope peddler and we listen in on his telephone and
we learn that he is going out to make a delivery to somebody, we
can find probable cause, other probable cause, under federal law to
stop him and intercept the narcotics or contraband he is handling.
If we don 't have that telephone tap in, we may not know that he is
going out to make a delivery. * * * if he has customers tliat we
don't know, if you listen in on a telephone tap you can identify
them.
I think that these same things would go into the identification of
burglaries, murders, et cetera, and this I think requires an amend-
ment of the state laws to make telephone tapping or wire taps per-
missible. * * *
Senator Richards ; * * * Under federal law you can tap any
wire, as I understand it, if you so desire without a court order. On
the other hand, there are limits to the Avays in which you can use
that information. What are those limits ?
Mr. Chappell: The limits are that we caunor divulge the infor-
mation so obtained.
Senator Richards : If vou do ?
CRIME AND CRIMINAL COURTS IN CALIFORNIA 45
Mr. Chappell : If we do, then we become subject to a criminal
penalty. * * * The second you make that information known any-
where, you are divvilging. * * * |f Captain Hamilton (of Los An-
geles police) called me and I had a wire tap working and I told
him that I heard on my wire tap last night that "Joe Blow" was
leaving to go to Ncav York to meet some other hoodlum, 1 have
divulged the information.
Senator Richards: Isn't that an unreasonable limitation?
Shouldn't you be able to divulge it as between fellow law enforce-
ment officers working on the same case ?
Mr. Chappell : Well, those are the federal limitations. * * *
Probably you will find * * * that by various and sundry means
* * * there may be an exchange of the information, not specifi-
cally but just generally, between officers, and it may be very un-
official. * * *
Senator Regan : * * * What we are trying to do is take you
out of the category of having committed a crime, or anyone com-
mitting a crime, when you talk to Captain Hamilton and say,
"Well, Joe Blow is leaving for New York; I found it out on the
tap tonight. ' '
Mr. Chappell: Well, I believe if I relayed that information to
Captain Hamilton, I might more likely say that I had information
from a confidential and reliable source.
Police Chief Eggers of Glendale added his support for legalized wire
tapping based upon a court order in each case. Since time ordinarily
would not be a factor, he pointed out, the obtaining of a tap order could
be handled in the same manner as now employed for obtaining a search
warrant : a presentation of evidence before a judge followed by the
court's approval or rejection of the police application for a permit
to tap.
DISCOVERY IN CRIMINAL CASES
Several witnesses, most of them from prosecutors' offices, charged
before the committee that court procedures on discovery are becoming
over-balanced in favor of defendants. They asked for legislation that
would make discovery, in the words of Los Angeles City Attorney
Arnebergh, a "two-way street."
California long adhered to the common law doctrine that the defense
and prosecution each might amass its own evidence and keep it secret
from the other until the trial. The defendant for many years had access
before trial time only to the transcript of the grand jury proceedings
or preliminary hearing, to depositions of nonresident witnesses and
conditional examinations of material witnesses, and to copies of public
records.
In 1957, however, the State Supreme Court ruled in Powell v. Su-
perior Court (48 Cal. 2d, 704) that the defendant should have been
permitted before his trial to inspect and make copies of his signed
statement and tape recordings taken by the police. The defendant had
claimed in his petition that he was unable to recall what he had said
and tell it to his attorney, to aid in preparing his case, and that this
46 THIRD AXD FINAL REPORT
was necessary since the statements were material and admissible at
the trial.
Later, in Cordry v. Superior Court (161 Cal. App. 2d 267) the
district court of appeal held that the Powell case established the de-
fendant's privilege of inspection, not as a matter of judicial discretion,
but as a matter of right. And it appeared that the defendant needed
no basis for his request except that he could not remember his state-
ments.
In ^Valker \. Superior Court (155 Cal. App. 2d 134) the district
court held that the defendant should not have been denied the right
to inspect and copy an autopsy report and a laboratory report on the
defendant's shoes.
These and other cases, critics told the committee, have been creating
greater opportunities for fact-tinding by the defense but have done
nothing to enlarge the opportunities for fact-finding by the prosecu-
tion. This, it is admitted, might be expected, since the decisions have
resulted from appeals by defendants only, with the prosecution taking
no parallel action to establish and expand its rights. To achieve balance
in the fact-finding, the committee was told, the Legislature should act.
This viewpoint was amplified in a recent article by two Los Angeles
County deputy district attorneys, Joseph L. Carr and Robert Led-
erman :
The Legislature .should enact provisions relating to discovery
in criminal prosecutions rather than leave developments in this
field subject to piece-meal decisions of our appellate courts. As
appears from the decisions * * * the procedure concerning in-
spection and discovery has been judicially created, and the rules
are quite uncertain. Likewise, there exists a considerable degree
of uncertainty concerning the things which may be subject to
inspection and discovery. Faced with this uncertainty, some of
our trial courts take an "all or nothing at all" approach. That
is the court either orders the prosecution to turn over everything
in its possession to the defense; or * * * the court will not order
anything turned over to the clefense.
It seems that it would take many years for the appellate courts
to spell out rules of procedure in this area, and to establish definite
rules concerning matters which must be made subject to inspection
and discovery. Meanwhile, uncertainty would prevail, the trial
courts would be faced with problems of ruling on "shotgun" re-
quests for inspection and discovery; and the People would have
no rights to discovery.
The necessity for the establishment of clear and workable rules
by the Legislature seems plain. Such statutory provisions should
inform the prosecution and defense counsel in definite terms as
to: (1) what items are subject to discovery; and (2) the procedure
to be followed in making requests for discover}' and inspection,
and in opposing such requests.^
Six biUs introduced by Senator Grunsky on February 4, 1959, had
as an announced purpose the elimination of some of the uncertainty
surrounding both sides' right of discovery and inspection.
* California State Bar Jourtiul, January-February, 1950, pp. 30-31.
CRIME AND CRIMINAT. COURTS IN CALIFORNIA 47
Senate Bill No. 527 provided that the defendant might seek a court
order perniittin<>' him to inspect his own statements, books, papers,
tangible objects, and scientific reports that were held by the prosecu-
tion; the data sought, hoAvever, must be material, relevant, competent,
and not subject to the exclusionary rule. The bill granted similar rights
to the prosecution concerning books, papers, tangible objects, physical
evidence, and scientific reports that were in possession of the defense;
the prosecution's right of discovery would be subject, however, to the
defendant's privilege against self-incrimination.
Senate Bill No. 528 set the time for motions for pretrial discovery :
It must be after the filing of the accusatory pleading and after the
defendant had entered his plea (other than a plea of guilty).
Senate Bill No. 529 dealt with intrial discovery and inspection of
evidence. It provided that neither side may seek access to a statement
by a witness of the opposing side until after the witness has completed
his direct testimony. It also specified that the statement must be rele-
vant, material, competent and unprivileged.
Senate Bills Nos. 530, 531 and 532 provided that if the defendant
intended to use an alibi or an incapacitating mental condition (other
than legal insanity) in his defense, he must advise the prosecution,
giving names, dates, places and other particulars so that the prosecu-
tion may check their accuracy before trial time. The required informa-
tion would have to be given the prosecution "at the time of arraign-
ment or within 10 davs thereafter but not less than four days before
the trial"
These six bills were referred to the Senate Committee on Rules for
reference to an appropriate interim committee for study.
The State Bar of California has been studying other legislation for
more than two years, designed to clarify the defense's rights of dis-
covery. The Conference of State Bar Delegates in October, 1958, ap-
proved a resolution asking that two new sections be added to the Penal
Code for this purpose. The proposed sections read as follows :
1054. Discovery Before Trial. Upon motion of a defendant at
any time after the filing of the indictment, information, accusation
or complaint in the prosecution of any public offense, and after
entry of any plea as set forth in Section 1017 of this code, other
than a plea of guilty, the court shall order the attorney for the
people to permit the defendant to inspect and copy or photograph
designated books, papers, documents or tangible objects obtained
from or belonging to the defendant or obtained from others by any
means whatsoever, upon a showing that the item sought may be
material to the preparation of his defense and that the request
is reasonable. The court shall specify the time, place and manner
of making the inspection and of taking the copies or photographs
and may prescribe such terms and conditions as are just.
1827a. Any court, by issuance of a subpoena, may command
the person to whom it is directed to produce designated books,
papers, documents or objects designated in the subpoena before
the court at a time prior to. the trial and prior to the time when
they are to be offered in evidence and may upon their production
48 THIRD AND FINAL REPORT
permit the books, papers, documents or objects, or portions thereof,
to be inspected by the parties and their attorneys. |
The State Bar's Board of Governors has referred the suggested legis-
lation to its Committee on Criminal Law and Procedure for study and
report.
4. SENTENCES FOR NARCOTICS VIOLATORS
BACKGROUND
The field of narcotics addiction has become surrounded with half-
truths, semifacts, rumors and fantasies. This cloud of confusion, plus
the fact that it is an emotion-charged subject even amonj? veteran
police officers, creates difficulties for any investi<iation of narcotics law
enforcement. The Joint fludiciary Committee, in its preliminary re-
search, had access to several careful studies of the narcotics problem.
Among these w^ere reports of the U. S. Senate Judiciary Committee
("The Illicit Narcotics Traffic" Report No. 1440, 1956), of the Inter-
departmental Committee on Narcotics to the President (1956), of the
House Committee on AA'"ays and Means Subcommittee on Narcotics
("Illicit Traffic in Narcotics, Barbiturates and Amphetamines in the
United States" 1956) ; and the 1956 edition of "The Pharmacological
Basis of Therapeutics" by Dr. Louis S. Goodman, professor of pharma-
cology at the University of Utah School of Medicine, and Professor
Alfred Gilman of Yeshiva University, New York City.
Drug addiction is defined as "a state of periodic or chronic intoxica-
tion * * * produced by the repeated consumption of a drug, natural or
synthetic. Its characteristics include an overpowering compulsion to
continue taking the drug and to obtain it by any means ; a tendency
to increase the dose ; and a psychic or psychological, and sometimes
physical, dependence on the effects of the drug."
While narcotics apparently have been known and used since earliest
recorded times, the drugs taken by most addicts in the United States
today include opium, synthetic narcotics, marijuana, cocaine, heroin,
barbiturates and amphetamines. Of these, the most important by far,
as a law enforcement problem, are heroin and marijuana.
Doctors Goodman and Gilman describe heroin thus :
Heroin is a semisynthetic alkaloid of opium. Chemical structure
is C21H2.3NO.-,. Heroin is the name applied to the white crystalline
narcotic generically known as diacetylmorphine. * * *
Heroin has greater addiction liability than other narcotics, pro-
duces m.ore euphoria and "stimulation," requires smaller doses,
and is easier to traffic in illicitly. Every conceivable method and
route are used to get the narcotic into the body. Morpliine and
heroin, however, are ordinarily taken hypodermically or intra-
venously ; and also heroin is employed by snuffing. * * *
Effects of addiction. Ill-health, crime, deseneracy, and a low
standard of living are the result not of the pharmacological effects
of heroin but of the sacrifice of money, social position, food and
self-respect in order to obtain the drug. Inasmuch as narcotics are
ordinarily obtained through illicit cbannels, the cost is high. It is
difficult for a normal person to ap})reciate how completely the
necessity and compulsion to maintain an adeciuate sui)ply of nar-
cotic dominate the entire thought, action and daily life of the
(49)
50 THIRD AND FINAL REPORT
addict. The major purpose of his oxistenee is to obtain sufficient
narcotic for his daily needs.
The authors give this description of marijuana :
Cannabis, obtained from the flowering tops of hemp plants, is a
very ancient drug. * * * Other names for cannabis or its products
include hashish, bhang, ganja. * * * The term marijuana is com-
monly employed in the United States and denotes any part of the
hemp plant or extract therefrom which induces somatic and psychic
changes in man. * * *
The drug is smoked or ingested. * * * As a rule, smokers notice
the effects within a few minutes, whereas one-half to one hour
may elapse before the appearance of symptoms after ingestion of
the drug. The influence of a single full oral dose usually wears
off in from three to five hours, but may persist 12 hours or more.
There are no lasting ill effects from the acute u-e of marijuana,
and fatalities have not been known to occur. * * *
Marijuana smoking was probably introduced into the Ignited
States from Mexico. * * * Confirmed smokers consume perhaps
6 to 10 cigarettes per day. * * * Tn many large cities there exist
clubs or dens, known as "tea pads." where marijuana users con-
gregate for smoking and conviviality.
It is difficult to appraise the extent of thp marijuana habit. * * *
The typical marijuana user in the United States is usually a person
20 to 30 years of age, idle and lacking in initiative, with a history
of repeated frustrations and deprivations, sexually maladjusted
(often homosexual), who seeks distraction, escape and sometimes
conviviality by smoking the dm*:'. He almost uniformly has major
personality defects and is often psychopathic. * * * Although
habituation occurs, psychic dependence is not as prominent or
compelling as in the east of morphine, ak-olu'l. etc. ^larijuana
habitues often voluntarily stop smoking for a thne and do not
necessarily experience undue disturbance or craving from the
deprivation.
U. S. Surgeon General Leonard A. Scheele summarized the experi-
ence of the Public Health Service with drug addicts over the past gen-
eration. He reported :
There are two groups of addicts. First are those who, after re-
ceiving repeated doses of narcotic drugs during a long and painful
illness, become physically dependent upon the drug and therefore
addicted. In a majority of instances, people who become physically
dependent in this way will lose their dependence sim})ly by gradual
withdrawal. A few do go on to become true addicts in the sense that
they continue to be psychologically as well as physically dependent
after efforts at withdrawal.
The second and by far the larger group represents those in whom
drug addiction is a manifestation of some abnormality of character
or attitude. These addicts often say that they became addicted
after having been introduced to the drug by their comi>anions. For
these people, the drug fills an emotioiuil need, giving them a feeling
of security, of being able to meet the realities and frnsti-ations of
CRIME AND CRIMINAL COURTS IN CALIFORNIA 51
life with more equaniniity than they could otherwise muster. They
usually suffer from any one of the types of character or personality
disorders and have mental and emotional inade(iuaeies that we
classify as psychoneurotic, psychopathic, or more rarely, psychotic.
These characteristics are not limited to narcotic addicts ; they
are found also in the chronic alcoholic and the barbiturate addict.
In all of these addictions, the underljdng' emotional problem is
likely to be similar. In fact, some narcotic addicts are first alco-
holics and turn to narcotic drugs as a secondary addiction. * * *
The mental illness from which addicts suffer is rarely of the kind
that can be classified as insanity. Their illness is similar to that
sult'ered by many delinquents in the population who do not use
narcotic drug's.^
The President's Interdepartmental Committee on Narcotics con-
eluded that the drug addict may be a person of any social, economic or
intellectual status. Four out of five addicts are men; more than half are
younger than 30 ; some 13 percent are under age 21, and most of these
are in their late 'teens. The overw'helming majority of addicts use
heroin, since "it may be easily adulterated, (and) addicts report that
it produces a greater effect than other drugs." -
The sale of narcotics was not brought under control in the United
States until the Harrison Act was passed in 1914. Congress tightened
the prohibition with the Narcotic Drugs Import and Export Act in
1922.
In earlier days, many individuals were habitual users. The House
"Ways and Means Subcommittee Ileport of 195G said that the Nation
apparently did not realize it had a narcotics problem until after the
Civil War. An 1877 survey, of uncertain accuracy, showed 117,000
addicts in the U. S. population of 40,000,000 — a ratio of one in 400.
About the same ratio existed in 1914 (an estimated 250,000 addicts)
when the Harrison Act went into effect. During both World War I and
World War II the use of narcotics reportedly decreased, followed in
each case by a postwar upturn that peaked about seven years after the
war's end (iu 1925 and in 1952, respectively), then began to decline.
The Federal Bureau of Narcotics has estimated the present total of
addicts at some 60,000, an incidence of close to one for each 3,000
population.
Natiouwide figures, however, can be misleading. The nature of tiie
addiction problem has changed drastically over the past several genera-
tions. At the turn of the century a substantial nuijority of the addicts
were women, many of them living in small towns. Today the reverse
is true. Four-fifths of all narcotics users are men ; an estimated 60 per-
cent of them are negroes ; and the great majority of them are found in
metropolitan cities. Addiction, once a personal vice like private tippling,
has become since the Harrison Act a public crime, prohibited by law,
and thereby relegated to the area of criminal activities. As contraband,
the price of narcotics remains high. The Federal Bureau of Narcotics
has estimated the average addict must spend $10 a day for his supply,
from $50 to $]()0 a week. With a reported 60,000 addict's in the Country.
^■'Report of Interdepartmental Committee on Narcotics to the President," 1956. P. 6.
■Ibid., p. 7.
52 THIRD AND FINAL REPORT
this means an annnal market of around 220 million dollars — an at-
tractive prospect for major crinunal oro-anizations. Since the average
user cannot possibly support his habit from his job (assuming he can
hold a job despite his chronic drug intoxication), he is forced to obtain
money either by selling narcotics, that is, becoming a retail "pusher,"
or by theft. It is commonly held that one-half the crimes committed in
major U. S. cities result directly or indirectly from addiction.
The United States, according to the United Nations Commission on
Narcotics, has more drug addicts than all other western nations com-
bined. It holds the dubious distinction of being the world's greatest
importer of illicit drugs. The House Ways and Means Subcommittee
reports :
Illicit narcotic drugs continue to flow into our port cities and
across our borders from China, Turkey, Lebanon and Mexico.
Narcotic addiction and the narcotic traffic, even though on the
decline in most areas, continue unabated in the metropolitan areas
of New York, Chicago, Los Angeles, Detroit, and in certain areas
of Texas.^
Some credit for the recent general decline in addiction is given to the
so-called Boggs Law, passed by Congress in 1951. It stiffened federal
penalties for narcotics violators, requiring a sentence of 2 to 5 years
for a first offense, 5 to 10 years for second oft'enders, and 10 to 20 years
for the three-time loser. Only a first offender is eligible for probation or
suspended sentence. Before the Boggs Law, federal courts were giving
narcotics violators average sentences of 18 months ; since then, the
average term has lengthened to 43 months.
The House subcommittee recommended, however, that the Boggs Law
be amended to make things tougher for first offenders. The severe penal-
ties for repeat offenders, it said, had led to a program of recruiting
young addicts and others to handle the actual sale of drugs. While
some of these had police records, they had no previous narcotics con-
victions, and thus were eligible for the minimum sentence of two years
with the possibility of probation or suspended sentence. This practice
had resulted by 1956 in more than 80 percent of federal narcotics con-
victions being first offenses. The subcommittee felt the only way to halt
the recruiting policy, which of necessity had to expand constantly to
find fresh faces, would be to make first-offense penalties harsh enough
to discourage newcomers from taking the risk.
Some states also have experimented with heavy, mandatory sentences
for narcotics violators tried in state courts. Ohio, for instance, enacted
legislation in 1955 setting a term of 20 to 40 years for sale of narcotics.
Following this, according to a letter to the Joint Judiciary Committee
from H. J. Anslinger, Federal Commissioner of Narcotics, the illicit
traffic moved out of Ohio "almost overnight."^
The House Subcommittee, w^iich singled out Los Angeles, Chicago,
New York, Detroit and other cities as narcotics centers, observed :
"Without exception, the illicit traffic continues to flourish in those prob-
lem areas where leniency is an established pattern in the courts. "**
3 Op cit., p. 9.
* June 10, 1958.
s Op cit.. p. 9.
CRIME AND CRIMINAL COURTS IN CALIFORNIA 53
LOS ANGELES: THE STRIKING OF PRIOR CONVICTIONS
Los Aiijieles, because of its lar<>e population, nearness to the Mexican
border, influxes of addiction-prone minorities, and other reasons, has
become the State's chief trouble spot for narcotics violations.*'
Durin<»- eight years, from 1950 through 1957, Los Angeles police
officials reported to the Joint Judiciary Committee that their narcotics
arrests increased by 180 percent (while the city's population was grow-
ing 19 percent). The actual figures were 2,021 adult arrests in 1950,
and 5,321 in 1957 ; for juveniles, 107 arrests in 1950, and 647 in 1957.
The Los Angeles County Sheriff's Department submitted figures for a
lO-year ])eriod ending in mid-1958, covering the county's unincor-
porated area and a number of smaller cities. During the decade, as
population expanded 67 percent, the number of narcotics cases handled
jumped 400 percent — from 458 cases to 2,296.
Of these cases that are prosecuted (less than a third), about one-half
of them involve heroin and other "major" narcotics; the remaining
one-half involve marijuana."
The narcotics caseload on Tios Angeles courts has grown in approxi-
mately the same proportion as have the arrests. The district attorney's
office prosecuted 1,029 defendants in 1950; by 1957 the number had
more than doubled to 2,322.
The alarming increase in narcotics offenses had become a source of
concern to both local and state officials by the early 1950 's. The Legis-
lature in 1953 and 1954 sought to stem the tide by enacting bills pro-
viding heavier mandatory sentences for those convicted.
Until that time, a person found guilty of addiction might be sentenced
to three to six months in the county jail, or he might draw a suspended
sentence. The new legislation required that everyone convicted serve
at least three months in jail, and the court was given power to place
them on probation for five years.
Before 1958 a convicted seller of narcotics might draw 6 to 12
mouths in the county jail, or up to six years in prison ; this was for a
first offense. The legislature changed the possible prison sentence to five
years to life. If the defendant had a prior conviction for narcotics, he
could draw 10 years to life.
For possession of narcotics, the first-offense term remained the same
— a year or less in county jail, 1 to 10 years in prison. But the penalty
for second offenders, which had been 1 to 10 years, became 2 to 20.
The language of the legislation seemed to leave no doubt that the
judoe and jury must take cognizance of a prior conviction; it could
not be overlooked or thrust aside. The wording of Section 11712 in Divi-
sion X of the Health and Safety Code, for instance, provided that a
first offender convicted of possession "shall be punished by imprison-
ment in the county jail for not more than one year, or in the state
prison for not more than 10 years. ' ' Then it continued :
If such a person has been previously convicted of any offense
described in this division or has been previously convicted of any
offense under the laws of any other state or of the United States
"Los Angele-s County has 42 percent of the State's population; an estimated 75 per-
cent of the State's narcotic arrests.
' The breakdown as provided to the Joint Judiciary Committee by District Attorney
McKe.sson : in 1956 — 1,204 marijuana cases, 1,039 heroin, opiates and cocaine,
total 2,243 ; in 1957 — 1,016 marijuana, 1,277 heroin, etc., total 2,293.
54 THIRD AND FINAL REPORT
Avhich if committed in this State would have been punishable as
an offense described in this division, the previous conviction shall
be charged in the indictment or information and if found to be
true by the jury, upon a jury trial, or if found to be true by the
court, upon a court trial, or is admitted by the defendant, he shall
be imprisoned in the state prison for not loss than two years nor
more than 20 years.
Similar mandatory wording was placed in Sections 11713 and 11714
dealing with second offenders convicted of selling narcotics.
Tlie Legislature also gaA'e the courts specific instructions that prior
(•(a-svictions were not to be ignored when a case was presented for trial.
Section 969 of the penal code dealing generally with the charging of
prior convictions stated that "all known previous convictions * * *
must be charged." And Section 1158 of the code reads:
Whenever the fact of a previous conviction of another off'en.se is
charged in an accusatory pleading, and the defendant is found
guilty of the offense with which he is charged, the jury, or the
judge if a jury trial is waived, must unless the answer of the de-
fendant admits such previous conviction, find Avhether or not he
has suffered such previous conviction. The verdict or finding upon
the charge of previous conviction may be: "We (or I) find the
charge of previous conviction true" or "AYe (or I) find the charge
of previous conviction not true," according as the jury or the
judge finds that the defendant has or has not suffered such convic-
tion. If more than one previous conviction is charged a separate
finding must be made as to each.
Both Sections 969 and 1158 were enacted in 1951.
Despite these several sections in the Penal Code and the Health and
Safety Code, trial courts, particularly in Los Angeles County, usually
ignored prior convictions when sentencing defendants.'^ The State Su-
preme Court confirmed their right to do so in 1956 (People v. Burke,
47 Cal. 2d 45). The high court held that the trial judge has the discre-
tion to treat a defendant as first offender and to set aside an earlier
conviction, under Section 1385 of the Penal Code, which reads: "The
court may, either of its own motion or upon the application of the
]^rosecuting attorney, and in furtherance of justice, order an action to
be dismissed. * * * "
The issue of striking prior convictions came to the Legi.slature's
attention in 1958 following the much publicized decision in People v.
Barhera (159 A.C.A. 216). (Hearing granted by Supreme Court. 50 C.
(2) 688.) In it the second district court of appeal sharply criticized
the trial court for finding no prior convictions against the defendant
Barbera, as it sentenced him for furnishing heroin to a 16-year-old
girl and for possessing marijuana. Barbera had pleaded guilty in May,
1955, to possessing marijuana ; he served 90 days in the county jail and
was placed on three years probation. Six months later Barbera was
again in jail, charged with being a heroin addict ; he again pleaded
guilty ancl was given the same sentence as he had received in May.
8 See Report of Executive Director, Appendix 5.
Cl?IME ANTD CRIMINAL COURTS IN CALIFORNIA 55
lie liad b(>(Mi out of jail only briefly whtMi in April, 1I).')7, lie was
picked up for selling heroin to the teen-age girl.
In the distriet court's deciNiou Justice Pourt said:
This case unfortunately is typical of many cases arising in Los
Angeles County wherein the trial judge, in the face of uncontra-
dicted evidence to the contrary, either finds that a charged prior
conviction is not true, or arbitrarily strikes such prior conviction,
supposedly "in the interests of justice"; or, as in the instant case,
fails entirely to make any finding as to the truth or falsity of the
prior convictions of a narcotic offense or of a felony. In the matter
out in his own testimony on direct examination that he had been
previously convicted of a "violation of Section 11500 of the Health
and Safety Code."
In most narcotic cases coming before this court within the past
few years, the record discloses appellant to have had one or more
prior convictions of a narcotic offense or of a felony. In the matter
of illicit narcotics, the Legislature has clearly spelled out the pen-
alty to be imposed in such cases. If the trial judges ignore or strike
prior convictions, the very purpose of the Legislature in enacting
the statutes in question, that is, to eliminate the narcotic peddlers
and users as hazards to themselves and to society, is blocked. * * *
The failure of the judge to find as to the truth or falsity of the
prior conviction amounts to a finding that the charge was not
true. * * *
It is not readily apparent why a judge would vitiate the effec-
tiveness of the existing law by failing to observe the clear mandate
of the Legislature in the treatment of recidivists.
Shortly after this decision the 1958 Legislature passed Assembly Con-
current Resolution No. 44, stating that : ' ' For many years the Legisla-
ture has been deeply concerned with the narcotic problem in this State.
* * * The Legislature has, over the years, provided for substantial
penalties for narcotics offenses, such penalties increasing in severity
when the offender has a prior narcotics offense. * * * In a recent deci-
sion, the Distriet Court of Appeal, Second District, charged that it was
commonplace for trial judges in effect to allow a greater leniency to
such offenders than the law permits, by the device of disregarding prior
convictions for narcotic offenses. * * * The failure of judges to admin-
ister laws as they have been duly enacted, or administration of such
laws in an uneven manner, depending on the sympathy or lack of
sympathy of the judge with the particular law to be applied, can only
result in demoralization of law enforcement personnel and general dis-
respect for the law. * * *
The resolution concluded by directing the Joint Judiciary Committee
to make a study of "all facts relating to the sentencing of narcotic law
violators" and "to ascertain the eff'ectiveness and adequacy of present
penalties. ' '
INVESTIGATION IN LOS ANGELES
Since most complaints from law enforcement officials and others had
centered around Los Angeles courts, committee investigators made a
detailed check of what happened to convicted narcotics offenders there
56 THIRD AND FINAL REPORT
during a test period, the 11 mouths from April, 1957, through Feb-
ruary, 1958.»
The investigatiou disclosed 321 convicted persons had come up for
sentencing who were identified as having at least one prior narcotics
conviction. Of these, 253 (79 percent) were sentenced a.s if they had
been first offenders ; that is, the judge ignored or struck their previous
offenses in determining the sentence. This made it possible for the judge
to grant them probation, and 35 were so treated. For the others, it meant
they were eligible for lighter jail or prison terms.^'^
The majority of the defendants were charged with possession of nar-
cotics, a total of 245. The judges, it was found, had disregarded the
previous convictions in 74 percent of these cases. The 182 fortunate ones
then were sentenced as follows :
28 AVere placed on probation
39 Were sentenced to the county jail
115 Were sent to state prison as first offenders
182 Total
The remaining 86 defendants having prior convictions were found
guilty this time of selling narcotics. The judges struck the priors for
four out of five of them ! Their sentences were :
7 Were placed on probation
4 Were sentenced to the county jail
60 Went to state prison as first offenders
71 Total
The committee checked six other large counties — San Francisco, San
Diego, Alameda, Santa Clara, Ventura and Kern — to ascertain whether
judges there have a policy of striking prior convictions in narcotics
cases. None of them does, so far as the committee could learn. Several
enforcement and court officials in these counties expressed shock at the
Los Angeles practice. Among the statements made to the committee
were these from the district attorneys in three of the counties :
I do not permit any deputy to dismiss a narcotics prior. These
priors are charged in all possible instances, and the judges of the
superior court do not dismiss priors once they have been charged.
It is our interpretation of the sections covering narcotics priors
that it is mandatory for us to file such priors, and we do so in
all instances where we have sufficient knowledge to enable us to
make the proper charge. Our judges also are universally of the
opinion that these priors should not be dismissed for any reason
except failure of proof. * * *
* * * * *
The judges of the superior court in county emphat-
ically do not make a practice of ignoring, dismissing or striking
such prior convictions. Conversely, the judges, particularly as to
the presiding judge of the criminal court, insist that priors be
pled and invariably we are prepared to prove the prior in event
defendant does not admit the prior. * * *
*****
" See chart at Appendix 6.
'" For details see Appendix 5.
CRIME AND CRIMINAL COURTS IN CALIFORNIA 57
* * * I can't help but believe that remedial lejrislation is not
the answer to your problem. It wonld seem to me that proper
coverage in the press of Avhat the court did would cause the court
to think twice before flippantly taking actions as you suggest are
going on in some counties. * * *
Presiding Judge Louis H. Burke of Los Angeles Superior Court
appeared before the committee at its May 13, 1958, hearing to defend
the judges' right to strike priors in individual cases. The mandatory
heavy sentence, he declared, not only may lead to injustice for certain
defendants but it also interferes with what he claimed to be the State's
policy of leaving to the Adult Authority the question of when a pris-
oner may be released with the best chance of rehabilitation.^^ Judge
Burke told the committee :
Judge Burke : I sat in the criminal courts for two years. I was
confounded and grieved with the narcotics situation, as I am sure
every one of you has been. I visited every prison in the State. I
sat with the Adult Authority and watched them hear these cases
involving f elonists with prior sentences.
I came back to the superior court and advocated to the judges
on the eighth floor that they do not send felons, except in excep-
tional cases, back to the penitentiary with priors attached to them
so that they would have to spend the minimum then of five years,
because I felt that it was contrary to the basic policy of our State,
which turns over to the Adult Authority the problem of rehabili-
tation and punishment and * * * of determining how long these
people shall serve in the penitentiary. * * * If that is the funda-
mental policy of the State, then we should do that.
Certainly a mandatory sentence is going to react against the
individual. * * * For example, take one case : I had a boy who
was 21 years of age. He was walking down the street with another
lad. The lad had a marijuana cigarette he was smoking. He asked
the kid whether he wanted to try it. The kid said, "Yes."
He said, ""Well, it cost me 50 cents. You give me 50 cents and
you can have it. ' '
The boy then goes down the street smoking the cigarette.
Two felonies have been committed: the sale of narcotics * * *
and this man is a peddler. As far as the statistics are concerned,
he is the man that you want to put away for 20 years. He sold
one marijuana cigarette to another kid 21 years of age. Now what
happens? This boy smoked the cigarette. He was picked up for
possession. He then had a prior felony narcotic arrest.
Three years go b}'. The boy makes good on probation. He got
something like 90 days in the county jail. He makes good on
probation, he gets married, goes to Lockheed, works regularly
there, ha.s a child. And one day he is sitting in a drive-in in an
automobile with a couple of other kids, and one of these kids hauls
out some marijuana cigarettes. * * * They passed around the
>' The Indeterminate Sentence Law, however, gives tlie Adult Authority power to fix
prison sentences onlv within the term prescribed by statute for the particular
offense. The People of the State of California have certainly not given up their
right to establish minimum sentences vr to require stiffer terms for repeater
offenders.
58 THIRD AND FINAL REPORT
package * * * and he took a drag on one with the rest. The police
swooped down on the car and arrested them all. Now this boy
had a second prior narcotic felony.
When he came before me for sentence, had I applied the law
literally and not exercised the discretion that the Supreme Court
has said in the case of People v. Burke I am entitled to do and
strike that prior felony, the boy would have gone to the state peni-
tentiary with a minimum of five years. Now as far as I am con-
cerned, gentlemen, that would not have done the State of Cali-
fornia any good. It would probably have destroyed a family, a
man and wife and small baby.
What this boy actually got was one year in the county jail and
felony probation status, and I struck the prior felony. Frankly,
I could not have lived with my conscience if I had sent that boy
to the penitentiary with a mandatory prior felony. I believe the
Supreme Court is entirely right in People v. Burke in giving the
trial court judge the discretion. If he has the right to dismiss
the entire matter, he certainly has the right in his discretion, in
the interest of justice, to strike a prior felony.
This is just one of many hundreds of unfortunate cases where
the trial judge sitting on the firing line is using his discretion in
the striking of priors. * * * J hope that we do not, in an endeavor
to correct evils that may exist in individual cases, so hamstring
the judge that his independence is destroyed, so that he is no
longer answerable to his conscience in these matters but is answer-
able to some mandatory law. I think that would be a sad situation.
No doubt there are instances where the interests of justice require
the ignoring of prior convictions and the imposition of the lighter
sentence reserved for first offenders. But when this occurs in over 80
percent of the sentences set by certain judges for narcotics pushers
with prior convictions, there is something wrong with either the law
or the judges' philosophy. From the statements made by some judges,
it is apparent that they look upon narcotics offenders, even the pushers,
too much as sick people and not enough as criminals, and conceive it
to be their primary duty to rehabilitate and re-educate them, instead
of punishing them as an example to other dope traffickers.
Tliis viewpoint has its place, but there is another point of view much
more important : the right of society to rid itself of the narcotics
l)ushers and to stop the infection from being spread to countless thou-
sands of new victims.
Two committee members. Senator Grunsky and Assemblyman Allen,
introduced bills at the 1959 Session to prohibit a judge from striking
a prior conviction except upon motion of the district attorney, or on
the ground of insufficiency of the evidence on motion of the defend-
ant at the close of tlie prosecution's case. (Senate Bill No. 228 and
Assembly Bill No. 202.) These bills at first were approved by the State
Bar Committee on Criminal Law and Procedure (33 ^taie Bar Journal
448) and by the Bar Governors but subsequently their support was
withdrawn. 1- Assembly Bill No. 202 had passed "tlie Assembly a1 the
time this report was being written.
'-See Appendix 7 for di.scu.ssion of these bills by Roy Gustafson, District Attorney of
\ entura County.
CRIME AND CRIMINAL COURTS IN CALIFORNIA 59
Two tliiiij;s apiH^ar e-cM'tain : Tlu^ Iuviv'um' scMiteiicos for repeater iiar-
eotics offenders enaeted in 11)5;} liave been ]arfj;-(>ly avoided by some
jnd^'es, aiul the sale and nse of nareoties eontinnes to ji'row and jjrow,
with its ineA'itable eonse(inen('e on vice and ei'imes of all kinds.
5. DELAYS IN CRIMJNAL TRIALS
The eonimittee. while prepaxins its iavesdgation. g£ ecH^estiaa m
, ■ • ' "~ 7 - - - lener wTitten. in pen^rf! ~~
-■ „ini Heniy Kimberiy. 7 :.~ >
Xoiui.. j_.u» ^AjuaTiwis v_viiii.ir»" n<>i^ -ti iccmiu. iii^i De u^aI Deen _ - - — >r
a wiiiiT.
Ki: : _
22da^^ -^^, - _. 1- _. ::
Foot days later a . -:: hinx. he h^ a preLiaiiiiarv
^ -- '-r:T he was arrai^ed on
>ii of a fek'nv. to wiiL
CSCilv-C J—
"H'-y tun-
another r. i awa.v. Lfe ' .-j was brtiiLahi
- -:™- ve his trial ^ : '"^ - 1 ?rx
read: ""Du'^ . : -"'s
're i -
- . TheTe were -?o a*i.pe£ii>£ cuux l j unices
0~ iner b»-- - ixs for nearlj f „ "7
the -^ - _ ^^^ ._. to be told tha" --2'.
calendar was _ • his ease to be heard: it iTe
'"'""' r .:i'-. I:ieii_ aeetjrdin^ to Kimberly 5 jeiiciiLed
At This point I spofee up and objeeted to another ; le.
I * * * - - - • ' -■ — — - -- :t was already 115 du - i-_ e I
had beet : u my ease be heard then, at the
'^ ' - eoirrt ti^ law that
- r hearing e^ a ease
* * * I_ ac LiiaE point, said that in
t: -— f -nd. ''I am. dianissmg this, and I am
-rs to meet this man at the booMng ^5ee
^ ^:2an-" Whereupon a deputy ^becm.
ne and rook me up a fligfct o£ stairs
• „H»»»,5 TO three more ffifffc'te*
- " \ arrrvtn^ there
^ orers and an-
7±- n r[ie and withsoi
- _ - . ^ J ^^d down to the tottoDt
re they tixjfc me o5 the elevator, out of the hnfldfiiig snd
*" : " - 7 T was then pot thronah the
-1 snspect and was piit in a
CRIME AND CRIMINAL COURTS IN CALIFORNIA 61
The folloAvinji' luorning I was taken from the cell and handcuffed
by two different officers and taken back the one block to the Hall
of Justice. Upon arriving I was taken to a courtroom presided
over by Honorable Judge (another judge), and was
arraigned once more on the very same charge that had been dis-
missed on the previous day by Honorable Judge * * *
So, at this writing, I am again locked up in the L. A. County jail —
and on that same charge that was dismissed because of time limita-
tion but also on which I was never released.
Connnittee investigators checked Kimberly's account and found it to
be substantially correct.
Ten days later, on December 31st, the defendant, who by now had
spent 131 days in jail, was brought to court for preliminary hearing
on the refiled charge. Meanwhile, he had written his letter to the com-
mittee cliairman in Sacramento, and tlie chairman h.ad replied saying
the case would be looked into. The defendant brought this reply to the
preliminary hearing and showed it to the judge. The judge released
Kimberly on his own recognizance, pending a renewal of the pre-
liminary hearing on January 10th; this last delay was so that points
and authorities could be filed.
On January 10th the public defender, representing Kimberly. moved
that the case be dismissed, but the district attorney's office objected.
The defendant was bound over to superior court with arraignment
scheduled for January 24th. By this time the committee's interest in the
Kimherlif case was becoming evident. When the defendant appeared
for arraignment on January 24th, the district attorney's office moved
that the charge be dismissed in the interests of justice, and Kimberly
was freed.
The handling of the Kimberly ease was illegal on several counts.
Article I, Section 13. of the State Constitution declares: "In criminal
prosecutions, in any court whatever, the party accused shall have the
right to a speedy and public trial.* * *"
Section 1050 of the penal code states: "The court shall set all crim-
inal cases for trial for a date not later than thirty (30) days after the
date of entry of the plea of the defendant. No continuance of the trial
shall be granted except upon affirmative proof in open court, upon
reasonable notice, that the ends of justice require a continuance. * * *
Xo continuance shall be granted for any longer time than it is affirma-
tively proved the ends of justice require. * * * Criminal cases shall be
given precedence over all civil matters and proceedings. If any court
is unable to hear all criminal cases pending before it within thirty (30)
days after the respective defendants have entered their pleas, it must
immediately notify the Chairman of the Judicial Council."
Section 1382 of the code provides: "The court, unless good cause to
the contrary is shown, must order the action to be dismissed in the
following cases :
"1. When a person has been held to answer for a public offense and
an information is not filed against him within fifteen days thereafter.
"2. If a defendant, whose trial has not been postponed upon his
application, is not brought to trial in a superior court within sixty
days after the finding of the indictment, or filing of the informa-
tion. * * *"
62 THIRD AND FINAL REPORT
Spurred bv the Kimhcrly ease, the committee made further spot
checks to get au idea of how many other victims there miglit be of
congestion in Los Angeles criminal courts.
Committee investigators found no central source of information as
to the luimber of criminal trials delayed because of crowded calendars
and lack of available judges. An assistant jury commissioner, however,
had kept records on the subject, and he informed the committee that
in the secoud lialf of 1957 a total of 398 cases had been continued for
this reason.
A visit to the Los Angeles public defender's oftice on Thursday,
Januarv 23, 1958 (four days before the committee's subcommittee on
criminal procedure held its Los Angeles hearing) disclosed that among
cases being handled by that office, six had been continued on that one
dan because of court congestion. Half of the defendants involved were
being hehl in jail because they could not raise bail.
Tlie committee, in its spot check, came across a distressing number
of ca.ses where destitute defendants remained in their cells for long
periods while their trials were postponed again and again. A man
named Price, for instance, was held for 166 days, or a total of five and
one-half months; the information against him was filed June 28,
1957, and liis trial, after four continuances, took place the following
December 11th.
Another defendant, Lloyd, was held 127 days, from August 6 to
December 13, 1957.
Defendant Stoneking was finally tried October 11. 1957, after three
months and nine days in jail.
The time lag from the information-filing to trial for defendant
Green was four months and 17 days.
The injustice of such long jailings seemed especially sharp in cases
where the prisoner, when eventually he got his day in court, was found
not guilty. Li many instances he had already served a considerable
sentence. Defendant Warren, for one, spent some 90 days in the
Los Angeles county jail before the court on October 31, 1957, ruled
him innocent. Among other such ca.ses in late 1957 were:
People versus Shattio: three and one-half months in jail.
People versus Covey: three and one-half months in jail.
People versus Sipinski: three and one-half months in jail.
People versus Brown and Jackson: two and one-half months in jail.
The committee's relatively brief investigation uncovered many
others. They did not form a large portion of the total number of
criminal cases heard in Los Angeles courts, but the existence of even
a few such cases, in the committee's opinion, constitutes a black mark
against the court system — and there were more than a few.
For the defendant at liberty on bail, repeated delays of trial are not,
of course, the hardship that they are for the defendant in jail. But
postponements beyond the legal limit often cause mental and financial
burdens for the man on bail and his family.
One aspect of the seriousness of the problem was brought before the
committee's January 27th hearing by Cliief Deputy District Attorney
]\Ianh-y J. Bowler of Los Angeles County. During his testimony he said :
CRIME AND CRIMINAL COURTS IN CALIFORNIA 63
Mr. Bowlei-: Wo liavc liccoiiic alarmed at tlio coiidil ions * * *
particularly Avith tiic Irciiiciulons mmibcr of cout inuaiiccs and
submissions on the trausrri|)l. * * *
Let us tui'ii to the lO-ycar period helween 1IM7 and 11)57. * * *
There was one additional ei-iminal eourt created in that ])eriod.
They had six trial crimiiud dei)artments in 1!)47 and tlie.y had
seven trial departments in 1957, but ther(> has been a (much
greater) increase in the amount ot* work processed by those courts.
* * * What has this resulted in? We find it results in continu-
ances. * * * During the months of October, November and
through the nineteenth day of December, 1957, there were 719
cases continued. If there were four witnesses in each of those
cases, it would make a total of 2,800 people who were adversely
affected by those continuances.
During the month of December, 1957, there were 715 cases set
on the calendar in the seven departments ; 307 were continued. It
is an alarming situation to us.
In addition to that, we have an increased number of submissions
on the transcript. We are forced to do that primarily because of
the volume of cases processed through those courts. In the last
few months the recoi-ds show approximately 85 percent of all cases
were submitted on the transcript of the testimony taken at the
preliminary hearings. Apparently we are the only couutj^ in the
State which does that. According to the Attorney General's 1956
report, 97 percent of those cases were in Los Angeles County.
The Judicial Council, which has the power to make rules legally
binding on state courts, enacted Rule 35 applying to Los Angeles and
San Francisco Counties. It provides : ' ' The Presiding Judge in Los
Angeles and San Francisco Counties shall designate a sufficient number
of departments to hear all criminal cases within the time required by
law and shall assign judges to preside therein. The criminal depart-
ments shall constitute a separate group to be known as the Criminal
Division. * * *"
This rule obviously has been broken regularly in Los Angeles.
Section 1050 of the Penal Code, as already mentioned, provides that :
"* * * Criminal cases shall be given precedence over all civil matters
and proceedings. If any court is unable to hear all criminal cases jiend-
ing before it within thirty (30) days after the respective defendants
have entered their pleas, it must immediately notifv the Chairman of
the Judicial C-ouncil. ' ' The purpose of the notification is that the chair-
man then may assign more judges temporarily from other counties to
hear the delayed cases.
The ignoring of the 30-day i')rovision is apparently standard practice.
The committee was informed that a typical month (December, 1957)
Department 47 heard pleas from 52 defendants and set the dates for
their trials, but only four of them (8 percent) were given trial dates
less than 30 days distant ; most of the others were given 40 to 50 days.
Another court, Department 41, set dates for 317 cases during the
month — only 5 percent of them within the 30-day limit.
Two Los Angeles judges told the subcommittee hearing that Penal
Code Section 1050 with its ^30-day requirement is unrealistic, that the
^ TBBS^ 130 HKll.
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•
CttlME ASD CSIMIKAL COVUTU IN CAUFOBKLi 66
any event, the lawyer, like the doctor, i» very quickly forffotten. Ho the
atiormy makes an arr;^ • " ' ' • the cfwe jfo * ' ' '" Uiy
settin^f in order to affo . to make ar. vc
hi« fee paid. It is a very yp^icUic^l luMimr. It in one ol the tKni iK^tMJUS
why dt Lays occur, ' *
DEFENDANTS "APPLY FOR" DELAYS
Section }'iH2 of the l*e«al Code deelare* a court mu^. dr«?f«l»^ a "9m
"if a it whose trial hew not Ijeen postj. ;i-
tion i^ vu«:ht to trial in a KUi^erior cour er
the finding of the indidrtment or filing of the infomiation, ♦ ♦ * "
In practice, most defendants atid their counsel say nothing when
the court .sets their trial date Ix'yond the GO-day limit. And hiyrher
ctj'. ■ ■ ■ ■ ■ • • - • • ' •' * ■ ' ,(• nt
n.. v>
his making aj< for a {
Thus, the d ". who s?.o , . . j> in effect a«king ti
trial be delayed.
Even if a judjfc should dismiss a case under the 60-day time limita-
tion of Section l'>ih2, the I'«:nal Code provides in Beclion 13^7 that
such a dismissal does not f ' 'y
charjre. That was what hii u-
berly in the ca*f.' already <: :. 'ine end r- >te
Section 13*2 's lime iittiil i. , _ _ .-iter DirecVv; . _ . «•
situation before the subcommittee bearing as follows ;
Mr. Farley : As a matter of practice, the date iis k^-^i a/id ordi-
narily def«'nse couiMiel and the defemiant say nolhiiig; th<'re is no
objection made and no expre^ consent. But I would like U) (X^int
out that defense counsel is rather behind the eight ball there.
There isn't much he can do, because after 00 days are up, if he
moves that the case be dismisised, it will be dismissed. .•' 'fr
Section I'iHl, in the ea^? of a felony ♦ * • such a o is
not a bar to another p: .'i.
Going back to the C'v , ne eace. Judge stated from
the bench when I was in there one day listening to the argument
on whether the matter should be ''■ •■ i from the second pre-
liminary hearing, he stated it was rstandiiig that the dis-
trict attorney's office would refile m ' as the
ease was dlsmisKed. • * * So there i>- -♦ de-
fense counsel can ' >e if he gets a o d-
ant • • • he is nj, jAy rearrested, a/ . ,.._ :/J^
and the proceeding starts all over agrain. Instead of beixig in eu»-
tody less time, he will end up by beiiig in cusi^jdy a loriger time.
REM^EDfES SUGGESTB)
Judge Burke snggested at the sul>committe<' w. -.--■../ that mun^ of
the delay in hearing criminal cases might be d by creating
regional criminal courts in outly: • '7' ^ '*y,
manned by several judges. These - ; -• , .>'is
now concentrated in the Civic Center couru.
66 THIRD AND FINAL REPORT
Judge Sparling proposed that municipal court judges be given dis-
cretion to downgrade a felony charge brought before them for prelim-
inary hearing and to reduce the charge to a misdemeanor when that
seemed warranted. He explained :
Judge Sparling: In my opinion, if the municipal court were
authorized by law in a case charged with felonj- — and they did
not believe it was a felony ease and didn't believe they could
convict for a felony if thej' sent it to superior court — if they
were authorized to treat it as a misdemeanor and give a misde-
meanor sentence, I think it would facilitate the handling of our
problem.
Since the subcommittee hearing in January, 1958, the Los Angeles
Superior Court has expedited its criminal calendar to some extent by
creating an additional criminal trial department, by using civil depart-
ment judges to hear more criminal cases, and by adding a half hour
to the court day. The addition of two more deputies in the public
defender's office also has helped.
LEGISLATION
To help alleviate the situation Senator Richards, a committee mem-
ber, introduced Senate Bill No. 614 at the 1959 Session of the Legisla-
ture, amending Penal Code Sections 681a, 1050 and 1382, as follows :
1 Section 1. Section 681a of the Penal Code is repealed.
2 Sec. 2. Section 1050 of said code is amended to read :
3 1050. 54ie court shail set ail criminal eases ie¥ trial ie¥ a
4 date «et later than thirty (30) davB after the date ol entry ei
5 the piea el the defendant. The welfare of the people of the
6 State of California requires that all proceedings in criminal cases
7 shall he set for trial and heard and determined at the earliest
8 possible time, and it shall l)e the duty of all courts and judicial
9 officers and of all prosecuting attorneys to expedite such pro-
10 ceedings to the greatest degree that is consistent with the ends
11 of justice. In accordance with this policy, criminal cases shall
12 he given precedence over, and set for trial and heard without
13 regard to the pendency of, any civil matters or proceedings.
14 No continuance of a criminal the trial shall be granted except
15 upon affirmative proof in open court, upon reasonable notice,
16 that the ends of justice require a continuance. Provided that ,
17 upon a showing that the attorney of record at the time of the
18 defendant's first appearance in the superior court is a member
19 of the Legislature of this State and that the Legislature is in
20 session or that a legislative interim committee of which he the
21 attorney is a duly appointed member is meeting or is to meet
22 within the next seven days, the defendant shall be entitled to
23 a reasonable continuance - h«t such continuance iev- such reason
24 shall not to exceed thirty -f 30 ^ days. No continuance shall be
25 granted for any longer time than it is affirmatively proved the
26 ends of justice require. "Whenever any continuance is granted,
27 ^^ court fihnll enter wi- its minutes the facts proved which
CRIME AND CRIMINAL COURTS IN CALIFORNIA 67
1 require the continuance shall he entered upon the minutes of
2 the court or, in a justice court, upon the docket . Criminal
3 eases efeitii k? giwtt procc^eftee ^^v- ei^ mattera a«4 pi=e-
4 oceding&r M a«y ee«i4 is wwiWe ^ he^ ail eri«««ai eases
5 pondiftg feelei^e it wi4Mtt #tii4j^ ■f;^0> 4a^s a^-e 4ite yespootivo
6 defewdattts iia¥e Gntorc4 fckeii^ pieas^ Whenever it shall appear
7 thai any court may he required, hecause of the condition of its
8 calendar, to dismiss an action pursuant to Section 1382 of this
9 code, it the court must immediately notify the chairman of the
.10 Judicial Council.
11 Sec. 3. Section 1382 of said code is amended to read :
12 1382. The court, unless good cause to the contrary is shown,
13 must order the action to be dismissed in the following cases :
14 1. When a person has been held to answer for a public
15 offense and an information is not filed against him 7 within 15
16 days thereafter.
17 2. 4i When a defendant t whose t^ial has «e* feee» poat-
18 poncdr upon his application; is not brought to trial in a superior
19 court within 60 days after the finding of the indictment 7 or
20 filing of the information - or , in case a sew t«ai is %e be had
21 the cause is to he tried again following a mistrial, an order
22 granting a new trial from which aw appeal is not taken, or an
23 appeal from the superior court , within 60 days after such mis-
24 trial has hee7i declared, after entry of the order granting the
25 t^eu) trial, or after the filing of the remittitur in the trial
26 court ; except that an action shall not he dismissed under this
27 suhdivision if it is set for trial on a date heyond the 60-day
28 period at the request of the defendant or with his consent,
29 express or implied, or hecause of his neglect or failure to
30 appear and if the defendant is hrought to trial on the date so
31 set for trial or within 10 days thereafter .
32 3. Whe^e the fe-"ial has ftet been: pestpeeedr upon the de-
33 #e«daiit's applicntiouy i# the When a defendant in a misde-
34 meanor case in an inferior court 7 is not brought to trial within
35 30 days after he is arrested and brought within the jurisdiction
36 of the court 7 wftiess fey^ his ews: ftegleet ei^ failure to appear i«
37 court when his proscnco is lawfully required, his tMal mufjt
38 be f*estf>e«ed- or , in case a new triat is te be hadr the cause is to
39 he tried again following a mistrial, an order granting a new
40 trial from which an appeal is not taken, or an appeal from a»
41 the inferior court, ii the defendant is «et b^ettght te trial
42 within 80 days after such mistrial has hecn declared, after
43 entry of the order granting the new trial, or after the remitti-
44 tur is filed in the trial court or , if the new trial is to he held
45 in the superior court, within 30 days after the judgment on
46 appeal becomes final 7 i^ the new trial is te hold ie the superie^
47 court ; except that an action shall not he dismissed under this
48 suhdivision if it is set for trial on a date heyond the 30-day
49 period at the request of the defendant or with his consent,
50 express or implied, or hecause of his neglect or failure to
51 appear and if the defenda^it is hrought to trial on the date so
52 set for trial or ivithin 10 days thereafter .
68 THIRD AND FINAL REPORT
1 If the defendant is not represented hy counsel, he shall not
2 he deemed under this section to have consented to the date for
3 his trial unless the court has explained to him his rights under
4 this section and the effect of his consent.
This bill had passed the Senate and was in the Assemblj^ at the time
this report was being written.
CONCLUSIONS
The Joint Judiciary Committee, after surveying the civil courts, did
not have sufficient time to make a thorough investigation of criminal
law enforcement and procedure. The committee, however, finds some of
the facts uncovered by it disturbing.
There has been a rapid increase in the number of major crimes re-
ported in the State. The rise is much faster than that of population.
The reliability of these criminal statistics, however, as a measure of
increase in crime is not certain. It might well be, for example, that
more people report burglaries and thefts nowadays because of the more
extended use of theft insurance and because such losses, if authenti-
cated, are deductible from income taxes.
Especially are there no reliable statistics indicating the extent of
such crimes as bookmaking and other gambling violations, narcotics and
extortion, since these crimes are not usually reported to the police as
are hold-ups and burglaries. The increases in the number of arrests for
these crimes could indicate a step up in police activity rather than an
actual increase in the number of such crimes themselves.
Although there probably are no large criminal mobs operating in
California now, there is every indication that an advance guard of
eastern hoodlums and Mafia members — men who know how to organize
the narcotics traffic, and bookmaking, prostitution and rackets — is here
seeking a foothold.
Almost all law enforcement officials who testified at committee hear-
ings agreed that recent court decisions, such as People v. Cahan and
People V. Williams have unduly restricted law enforcement, especially
in narcotics and bookmaking. This is a subject that must be given care-
ful study by future committees of the Legislature. It is essential that a
satisfactory balance be reached between the right of citizens to be free
of unreasonable arrest and search and the needs of law enforcement
officials in apprehending criminals. Wire tapping and discovery pro-
cedures before trial are also subjects that demand attention.
An analysis of the narcotics cases tried in the Los Angeles Superior
Court disclosed that in four cases out of five involving repeater nar-
cotics sellers, judges were imposing the lighter sentences reserved for
first timers. There seems to be no reason for increasing penalties so
long as the present maximum sentences are not being handed out by
the courts. Legislation has been introduced to remove the abuse of
ignoring prior convictions in sentencing narcotics criminals (See Chap-
ter 4).
In the Los Angeles Superior Court at least, defendants sometimes
have been kept in jail several months awaiting trial because not enough
judges were assigned to the criminal division to handle the volume of
cases. Criminal cases are supposed to be given precedence under the
law. In some instances when cases were continued because no judge
was assigned by the presiding judge to try the case on the day set for
trial, the trials of persons in jail were continued instead of those of per-
sons out on bail. A greater effort should be made to try the jail cases
first. Legislation to correct some of these abuses also has been intro-
duced (See Chapter 5).
(69)
ACKNOWLEDGMENTS
The committee wishes to express its deep appreciation to the many
organizations and individuals who furnished the committee information,
not only on the subjects of this final report but also on those of the
first two partial reports. Chief among the organizations were : the Fed-
eral Bureau of Xarcotics ; the Intelligence DivLsion of the United States
Treasury Department ; the Federal Bureau of Investigation ; the State
Bar of California; the Judicial Council; the Conference of California
Judges ; the Judges, Marshals and Constables Association ; the Office
of the Attorney General, including the Bureau of Criminal Statistics;
the presiding judges of all the superior and municipal courts ; the
superior and municipal court clerks ; the Los Angeles, San Francisco,
Alameda and Ventura district attorneys; the Los Angeles and San
Francisco public defenders; the Los Angeles Chief Administrator's
Office; the Los Angeles Police Department; the Los Angeles Sheriff's
Office; the Los Angeles Marshal's Office; the Los Angeles County
Grand Jury ; the Los Angeles, San Francisco and San Diego Bar Asso-
ciations; and the Criminal Courts Bar of Los Angeles. Reference has
already been made to the valuable assistance given by the Advisory
Committee to the Joint Judiciary Committee.
The committee was abh' served by the following staff: Goscoe 0.
Farley, Executive Director ; John A. Bohn, Counsel ; Murray Stravers,
Committee Co-ordinator ; Mary Mannion, Administrative Assistant ;
Mary Ilill, Secretary; and Virginia White, Secretary. The reports
were written by Lorin Peterson, Writer, in collaboration wdth the Exec-
utive Director. It is thought preferable not to mention the names of the
various investigators employed by the committee in order that their
value to future committees which may wish to employ them will not be
impaired.
The committee also wishes to express its appreciation to the many
newspapermen and radio- and TV-men who covered its hearings.
(70)
APPENDICES
APPENDIX 1
(73)
APPENDIX 2
(74)
APPENDIX 3
INTERIM REPORT OF THE JOINT LEGISLATIVE COMMITTEE ON GOV-
ERNMENT OPERATIONS OF THE NEW YORK LEGISLATURE ON
THE GANGLAND MEETING IN APALACHIN, NEW YORK
On November 14, 1957, about 65 individuals gathered at the home of
a man named Joseph Barbara, in Apalachin, N.Y., near the city of
Binghamton. The backgrounds and reputations of these individuals,
including their host, Barbara, were such that law enforcement officials,
when the fact of the gathering came to light, described it as a "con-
vention of underworld leaders. ' '
The committee 's staff began an investigation into the situation imme-
diately and on December 12, 1957 in Albany, N.Y., the committee com-
menced public hearings. The hearings have been continued from time
to time during the past several months as additional facets of the
situation have been uncovered by the committee's staff. As of this date,
the committee's inquiry has not been concluded. This interim report
will outline the results of the committee's inquiry to date and will
indicate the seriousness of the situation brought to light by disclosure
of the November 14th gangland meeting and the compelling necessity
for dealing with it promptly.
November 14, 1957, Apalachin, N.Y.
On that date, November 14, 1957, the approximately 65 persons
mentioned above came together from many parts of this state and from
points as far distant as Florida, Texas, California and Cuba, at the
home of Joseph Barbara, a resident of Apalachin, N.Y., for many
years and owner of the Canada Dry Bottling Co., Inc., of Endicott,
N.Y., a distributor of beer and soft drinks. Members of the New York
State Police accompanied by certain federal officials were attracted to
the Barbara residence for reasons which will be detailed below. When
they were noticed observing the place many of Mr. Barbara's guests
attempted to flee from the premises by driving away in their automo-
biles or hiding in the surrounding woods. The police, however, stopped
the cars and flushed out those in the woods and learned the identities
of the visitors. An unusual number were known in police circles as
leaders of organized rackets including the distribution of narcotics.
Many of the 65 had records of conflict with the law including convic-
tions for dealing in narcotics or extortion and for bootlegging and
arrests for almost every major crime including murder. Their host,
Joseph Barbara himself, had twice been arrested for murder and had
been an admitted bootlegger in prohibition days. Considering the iden-
tities of these individuals, particularly those believed by the police to
be leaders, and the great distances they had traveled to meet at Apa-
lachin, law enforcement officials concluded that this was a gathering of
a criminal syndicate believed to be operating throughout the United
States and other parts of the world.
( 75)
76 THIRD AND FINAL REPORT
Moreover, investioration has revealed that certain of these individuals
were residents of this state and were licensed to operate in the liquor
business and other fields regulated bj^ the state and its municipalities.
Some even had possessed permits or had at one time possessed permits
to carry pistols despite records of conflict with the law.
THE COMMITTEE'S INQUIRY
This committee is charged Avith the duty to investigate and inquire
into and examine the management and affairs of any department,
board, bureau, commission or other agency of the state or of any
municipal corporation or political subdivision of the state in order to
aid the legislature in a consideration and enactment of any remedial
legislation. In connection with these purposes, the committee is author-
ized to stud}^ the operation of state and local government and the ad-
ministration of state and local laws, with a view towards determining
their efficiency and effectiveness and to stud}' such other matters deemed
by the committee relative to the general question of ascertaining and
proving the administration and conduct of governmental aft'airs.
In its hearings, the committee has been seeking to evaluate the nature
and extent of the so-called "invisible government" of the underworld
and has been seeking to ascertain whether the New York State Police
as well as local law enforcement authorities have been and are dealing
effectively with the problem, whether these agencies are adequately
organized for this work and whether our present laws are adequate to
their needs.
OTHER INQUIRIES
Following the committee's inquiry, other agencies of the state and
federal government commenced investigations into the affairs of the
individuals who had been present at the Apalachin gathering. These
included the State Liquor Authority, the State Commissioner of Inves-
tigation, the Police Department of New York City, and the following
federal agencies: The Narcotic Bureau, the Immigration and Naturali-
zation Bureau, the Internal Revenue Bureau, the Federal Bureau of
Investigation. In addition the District Attorneys of New York County
and Tioga County, the United States Attorney for the Southern Dis-
trict of New York and certain district attorneys in the State of New
Jersey began grand jury investigations. During the course of these
other inquiries the Canada Dry Bottling Co., Inc., surrendered its
liquor license and Joseph Barbara surrendered a permit to carry a
pistol which had been issued to him a number of years ago by an
upstate municipality.
JOSEPH BARBARA
The staff of the committee has obtained considerable information
from police sources on the background of Joseph Barbara, the host of
the November 14th meeting. According to this information, Barbara
was engaged in the illegal whiskey trade, operating a still in the area
of Scranton, Pennsylvania, during prohibition days. In January, 1931,
he was questioned by the Pennsylvania police although not arrested
during the investigation of a case in which a close associate of his, one
Morello, was indicted for murder. Morello was subsequently acquitted
on the basis of an alibi that at the time of the murder he had been
CRIME AND CRIMINAL COURTS IN CALIFORNIA 77
operating a still with Barbara. In March, 1931, Barbara and two others
were arrested in New York City for possession of firearms. Barbara
was discharged when he produced a pistol permit. One of the other
two men who had been arrested with him was murdered a few years
later. In February, 1932, Barbara was arrested for a murderous assault
on a man who named Barbara as his assailant in a " dying declaration. ' '
However, the victim recovered and later recanted. Barbara was there-
upon discharged. In February, 1933, in Scranton, Pennsylvania, Bar-
bara was arrested for murder and again discharged. In this case, two
men were murdered. One had visited Barbara's home the night before
his death. Despite this background, in 1934 Barbara obtained a beer
distributor's license which he held until very recently as the Canada
Dry Bottling Co., Inc., of Endicott, New York. Following disclosure
of the November 14, 1957, meeting at his home in Apalachin, the State
Liquor Authority instituted proceedings to revoke the license on the
basis of his association with persons of bad reputation. Rather than
submit to a hearing, Barbara surrendered the license.
THE MAFIA
As the police reports from the Apalachin area began to list the
names of the individuals who had attended this meeting, the interest
of law enforcement offices throughout the United States was aroused.
The United States Bureau of Narcotics became particularly inter-
ested in the meeting as these reports indicated that at least three
narcotic violators of major importance had been present at the con-
vention along with several other individuals linked to them in the
listed narcotic traffic over the years through the bureau's investiga-
tions and sources of information.
The bureau's New York District Director, John T. Cusack, testified
in considerable detail before the committee on the backgrounds of the
individuals known to have been at the meeting and stated that in his
opinion and in that of many other law enforcement experts, the Apa-
lachin gathering represented a meeting of the infamous Mafia, a crim-
inal organization or association operating on a national and interna-
tional level. He traced for the committee the history of the Mafia and
explained their organization and methods of operation.
The first meeting of the type held in Apalachin that the Federal
Bureau of Narcotics is aware of was one held in a hotel room in Cleve-
land, Ohio, and raised by police on December 6, 1928. Twenty-one
individuals were found in the hotel room and 13 pistols were seized.
Of the 21 individuals who had attended the 1928 meeting, three at-
tended the Apalachin meeting of almost 30 years later — Joseph Profaci,
his brother-in-law Joseph Magliocco, and Vito Genovese.
During the ensuing years, police officials have received information
of similar meetings from time to time. The more recent one are supposed
to have taken place in 1952 in a remote section of the Florida Keys,
in 1953 in a hotel in Miami, Florida, in July, 1954, in the town of River
Forest, Illinois, and again later in July, 1954, in a hotel in Chicago,
Illinois; then in October, 1956, in Binghamton, New York, which we
shall refer to in detail later, and finally the 1957 meeting at Apalachin,
New York. According to this information another one of those who
attended the 1928 meeting was present at the 1952 meeting. At the
78 THIRD AND FINAL REPORT
1956 meeting iu Biughamton, two individuals, John Bonventre and
Joseph Komano, were present and they were present again at the
Apalaehin meeting of 1957. The host of the 1956 meeting was Joseph
Barbara who was also the host of the 1957 meeting. AVith the possible
exception of the 1956 meeting, the uncovering of the Apalaehin meeting
of 1957 was the first time since 1928 that police officials have been
able to establish not onh^ the fact of these meetings but a large number
of those who attend and their identities.
REPORT OF JOHN T. CUSACK
The Mafia in its present form is generally considered to have been
organized in Sicily during the late 18th Century as a resistance to the
Bourbon-French conquest of the island, but to have rapidly degenerated
into a society of criminals. The ]\Iafia Society, as it is taken today, must
be considered synonymous with or the outgrowth of the Black Hand
and Unione Sicilliano.
Experts of the Narcotics Bureau consider the Mafia a well organized
secret fraternal order originating and probably still controlled from
Sicil}^ Its members, with few exceptions, are all of Sicilian origin and
are located in every prosperous city in the world, principally cities of
Europe and North and South America where the profits in crime are
most lucrative.
The business of the ]\Iafia is what is termed the commercial crimes
that prey on man's human weaknesses, such as the illicit narcotics
traffic, organized prostitution, counterfeiting, bootlegging, organized
gambling, loan sharking and extortion. When the opportunity presents
itself the Mafia moves into legitimate business, selecting ventures where
their strong-arm tactics and cash resources will quickly bring large
profits.
The bureau's extensive narcotic investigations of various members of
the Mafia fraternity during the past 18 years has repeatedly shown a.
pattern of either infiltration or complete dominance of several legiti-
mate fields, including organized labor, with the follow-up labor move-
ment ventures, the distribution of beer, liquor and soft drinks, the
importation and distribution of Italian olive oil, cheese and tomato
paste, the control of wholesale fruit and vegetable product markets,
the baking and distribution of Italian bread and pastry, the vending
machine business of all types, including cigarette machines and juke
boxes, the operation of night clubs, restaurants and bars. Their night
club operations are frequently complemented through their interests in
model and theatrical booking agencies and in musical recording com-
panies.
Mafia members use "front people" who are completely trusted, as the
means to own and operate these various legitimate interests. By doing
this they overcome licensing and income tax problems. Although legally
in our courts of law a * ' front man ' ' or their ostensible owTier of record,
could eliminate the actual owner from these businesses, one would never
do so as this would bring certain death. This is never or seldom done
as these "front men" or owners of record are usually ]\Iafia brothers
of minor rank and ability, with no criminal record or unsavory reputa-
tion, or the members of the familv of the actual owner.
CRIME AND CRIMINAL COURTS IN CALIFORNIA 79
To establish themselves in the community in order to further their
legitimate enterprises and cloak their illicit operations, Mafia members
conduct a well-planned program of ingratiating themselves with people
of all walks of life. Their modus operandi calls for interest and activity
in coinmunity and church affairs. They contribute outwardly and gen-
erously to charities and lead an ostensibly quiet family life. They are
ever ready to entertain and do favors for the right people.
The Mafia, as a secret society, has never been completely uncovered
or exposed. However, down through the years there have been many
published studies of the Mafia written by qualified persons and from
these it has been learned that the cardinal virtue of a Mafia member is
humility, prescribing an honorable, fearless criminal without bragga-
docio or truculence.
The following other duties are required of a Mafia member :
1. Reciprocal aid to all members in any case of need whatsoever.
2. An absolute obedience to the officers of the society.
3. An offense received by one of the members must be considered an
offense to the entire society and must be avenged at any cost.
4. Never recur to governmental authorities under any circumstances
for justice.
5. Never reveal the names of members or any other secret of the
society.
It is difficult to say who is eligible to join the Mafia or who joins
it today, whether there is a formal joining or whether members through
family tradition are just born into the Mafia. However, it appears that
one becomes a member only through family sponsorship, such as father
sponsoring son, uncle sponsoring nephew, father-in-law sponsoring son-
in-law and brother sponsoring brother. Also, by design the Mafia fra-
ternal ties are strengthened through intermarriage, which brings about
an increase of loyalty to the society through the ensuing blood and
family ties.
Between 1885 and the present day, Mafia members have immigrated
to the United States and settled in almost every principal city in the
United States. In the last 38 years most of the Mafia immigration to
the United States from Sicily has been either clandestine or fraudu-
lent. Many of these criminals fled Sicily to escape arrest and prosecu-
tion for crimes or to seek more lucrative fields for crime in the new
world. The first Mafia members who came to the United States lived
as parasites on the great wave of Sicilian and Italian immigrants who
sought the new way of life in America.
The Mafia-Black Hand criminals, through violence, the threat of
violence, kidnapping, murder and a general reign of terror, extorted
vast sums of money from thousands of frightened hard working Italian
immigrants. What they could not extort these gangsters gradually
gained through their swindles and crooked lotteries. With the coming
of prohibition, no group was better qualified to assume a dominant
role in the golden age of crime in America than the Mafia. During the
prohibition era Mafia members extended themselves through every part
of the United States to carry out their traffic in illicit narcotics and
liquor.
80 THIRD AND FINAL REPORT
With the end of prohibition the members of this fraternity contin-
ued in their distribution of narcotics and increased their activities in
organized gambling, counterfeiting and prostitution. During World
War II they engaged in the black marketing of sugar, meat, motor
tires and in the counterfeiting of ration stamps.
Everywhere the Mafia fraternity has gone, the members have devel-
oped working arrangements with other members of the particular
countrj-, or with mobs in this country o* various national origins. Non-
Mafia gangsters often prefer doing business with a Mafia man because
of his known reliability. In almost every large city in the western world
Mafia members are usually strong enough not to be pushed around or
suppressed by rivals. However, the bureau's files indicate they prefer
alliances and working agreements rather than open competition and
the ensuing gang warfare. The organization of Murder, Inc., is an
excellent example wherein the Mafia allied itself with members of the
Jewish underworld in the late 1930 's to help carry out their crimes.
During the prohibition era Mafia members worked closely with the old
Irish mobs of New York City's West side and Greenwich Village in
both bootlegging and narcotics. Today, particularly in New York and
other parts of the country, Mafia members are aligning themselves
with Negro and Puerto Rican criminal gangs and many other under-
world elements, to further their narcotic, bootlegging and policy oper-
ations.
The Mafia, throughout the United States, Canada, Mexico, Cuba,
Italy and France, is a fraternal organization divided into many differ-
ent mobs, gangs, rings, syndicates or conspiracies. Members of the
fraternity belong to one or more such groups which are often tempo-
rary in nature, organized usually to carry out one particular enterprise
or venture such as the importation and distribution of narcotics or
the operation of a gambling casino.
Policy, areas of influence, mutual co-operation in carrying out these
various activities is arranged through the Mafia Grand Council. Rather
than being one unified crime syndicate, the Mafia is a union or associ-
ation of many syndicates composed of Mafia members and adhering
to the tradition and policymaking directives of the order. For example,
at Apalachin the 58 identified conferees were, in all likelihood, not
members of one conspiracj^ but individuals who at different times over
the years have been engaged with each other in many various com-
mercial criminal ventures.
Sicily is the ancient stronghold of the Mafia. Mafia mobsters still
operate throughout Sicily, Italy, Europe and Africa in commercial
crimes, specializing at the present time in the smuggling of narcotics
and cigarettes, bootlegging and kidnapping. They, as recently as 1955,
launched a reign of terror to control the produce market and the lucra-
tive citrus fruit trade. There is a possibility that the titular head of
the Mafia may reside in Sicily and that overall Mafia policy may stiU
emanate from this aged stronghold.
According to the bureau's information, the Mafia society is divided
into units of 10 men. The unit is supervised by a group chief and
group chiefs, in turn, by an area chief. The area chief, would, in all
probability, be a member of the Grand Council. The meeting at
Apalachin, New York, should be considered a meeting of the Grand
CRIME AND CRIMINAL COURTS IN CALIFORNIA 81
Council, although all persons in attendance at Apalachin may not be
members of the Grand Council.
In the New York area one sometimes hears a Mafia member referred
to as a "button man." This term denotes a promising yoiuig Mafia
member who has distinguished himself by performing a difficult task
for the society, such as performing, organizing or directing an assassi-
nation, arbitrating a serious dispute or exercising influence in some
field that benefits the society members.
Since the unification of Italy, the Italian government has recognized
the threat to life and })roperty presented by the Mafia in the Palermo
area and on several occasions has assigned their most capable com-
missioners of police to the Palermo district.
A commissioner of police at Palermo named Alongi, wrote a book
entitled "La Mafia," which was published in 1886. From 1924 until
1927, Benito Mussolini, the late Italian dictator assigned one, Michael
Mori, as Prefect of Police at Palermo, with specific instructions to
eliminate the Mafia power in Sicily. Mori's account of his successful
conduct of this assignment is covered in his book entitled With the
Mafiia at the Iron Courts. During Mori's command at Palermo several
prosecutions of Mafia conspiracies involving hundreds of defendants
were pressed. However, this secret society could never be completely
eliminated, and although hundreds of Mafia members fled Sicily during
this time, remnants of the society remained to carry on. Hundreds of
Mafia members during this time clandestinely immigrated to the United
States where they were welcomed by their fraternal brothers and im-
mediately put to work in the bootlegging and narcotics rackets, as this
was the height of the prohibition era in the United States.
THE BINGHAMTON INCIDENT-OCTOBER, 1956
The police activity that led to the discovery of the Apalachin meet-
ing had its genesis in an incident in October, 1956, near the City of
Binghamton, New York.
On October 18, 1956, State Trooper F. W. Leibe on routine patrol
on Route 17 stopped a speeding car in the Town of "Windsor. The car
which had been heading east bore a New Jersey plate and was occupied
by three men. The driver, eventually identified as one Carmine Galente,
presented as his own a driver's license in the name of a Joseph Di
Palermo. The physical description of Di Palermo contained in the
driver's license was obviously not that of Galente. Trooper Leibe took
Galente in his police car to the nearby state police substation at Vestal,
after ordering the other two men to follow in the New Jersey car.
However, the latter did not do so, but one, Frank Garafolo, did appear
at the substation the next day accompanied by a lawyer. The third
man who had been in the ear, later identified as John Bonveutre, did
not appear.
According to the information supplied the committee by the United
States Narcotics Bureau, Galente, born in New York City in 1910, is
believed to be an important figure in the illicit narcotic traffic between
Italy, France, Canada, Cuba and the United States. It is believed that
he was the assassin of Carlo Tresca, the late antifascist Italo- American
journalist who was slain in New York in 1943. During recent years,
4— L-4828
32 THIED AND FINAL REPORT
Galeute established himself in Montreal, Canada, as an underworld
power in control of organized gambling and the illicit narcotic traffic.
In April, lf>56, Galente was deported from Canada for his criminal
activity along with one, Michael Console, his reputed bodyguard. Since
that time reports have been received that Galente and a group of
associates have been conducting a campaign to control the narcotics,
organized gambling and other rackets in Brooklyn.
Joseph Di Palermo, the individual whose license Galente presented
to the state trooper, was at that very time under active investigation
for conspiracy to violate the federal narcotic laws. On September 3,
1957, a sealed indictment was opened in the United States District
Court for the Southern District of New York, which named Joseph Di
Palermo along with 45 codefendants and 16 coconspirators in a con-
spiracy of international extent to import heroin, opium and cocaine
into the United States for distribution here. During July, 1957, the
District Attorney of Kings County sought to arrest Di Palermo on a
charge of harboring a fugitive. Di Palermo fled from his usual haunts
and to this very time is wanted b}^ the Federal Bureau of Narcotics and
by the Kings County District Attorney. Di Palermo has been convicted
of violating the alcohol tax laws and for counterfeiting American
export checks.
Frank Garafolo, the individual who appeared at the state police
substation on October 19, 1956, is listed in the Bureau of Narcotic's
files as an associate of the late Willie Moretti and the late Abraham
Davidian, former mobsters who have since been assassinated. Garafolo
is also believed to be a close associate of Joseph Profaci, one of the
delegates to the 1957 meeting in Apalachin. Garafolo was suspected
by the New York City Police as having been involved with Galente in
the Tresca murder. According to the same information, Joseph Di
Palermo drove the "getaway" car used in the Tresca murder. It is
interesting to note that these individuals mentioned in connection
with the Tresca murder of 1943 were found together in association
in 1957.
John Bonventre, the third person who had been in the car driven
by Galente, is the uncle of one Joseph Bonanno, a delegate to the
1928 Cleveland meeting, and a well-known underworld figure and
reputed Mafia leader.
Search of Galente 's person revealed he was carrying $1,815 in cash,
$1,200 of which were in $100 bills. He also was carrying a card bearing
the name of Joseph Falcone, 519 Bleecker St., Utica, New York. Fal-
cone was one of the individuals who attended the 1957 Apalachin
meeting.
Further investigation by the state police revealed that Galente, Gara-
folo and Bonventre had stayed at the Arlington Hotel in Binghamton
on October 17th and 18th with Joseph Barbara who paid the bill in
the name of the Canada Dry Bottling Co., Inc.
Sgt. Edgar D. Croswell of the state police assigned to the Vestal
substation to which Galente had been taken was acquainted with Bar-
bara's criminal background and when he later obtained information on
the backgrounds of Barbara guests at the Arlington Hotel, he con-
cluded that Barbara was maintaining his criminal associations. It was
CftlME AND CRIMINAL COURTS IN CALIFORNIA 83
this suspicion on the part of Sgt. Croswell that led to the discovery
of the 1957 Apalachin meeting.
THE APALACHIN MEETING-NOVEMBER 14, 1957
On November 13, 1957, the suspicions of Sergeant Edgar D. Croswell
and Trooper Vasisko, of the New York State Police, were aroused by
the actions of Joseph Barbara, Jr., the 21-year-old son of Joseph Bar-
bara. They observed the younger Barbara at a motel in the Binghamton
area where he made reservations for several rooms and arranged for
the expense to be charged to the Canada Dry Bottling Co., of Endicott,
Inc., N. Y., his father's business. Being aware that the elder Barbara
had been involved with the law on various occasions and observing
the actions of the son, Sgt. Croswell came to the conclusion that in-
vestigation and surveillance might be warranted.
Sgt. Croswell drove past the Barbara place of business and then
past the Barbara home. At the residence, he observed three cars with
out-of-state licenses and one car which he knew was owned by an Endi-
cott man who was convicted in 1949 for illegal operation of a still.
Sgt. Croswell, accordingly, enlisted the aid of Kenneth Brown and
Arthur Ruston, agents of the Federal Alcohol and Tobacco Tax Unit,
and together they began their observations of the area.
On the following day, November 14th, continuing their investigation,
they again drove to the isolated, hilltop manor of Joseph Barbara, Sr.
It was late in the forenoon when they approached the main house, and
they observed 8 to 12 large, expensive cars, with out-of-state license
plates, parked in the area adjacent to the house. It was also evident
that a number of men were milling about in the vicinity of the garage,
which is a short distance from the house. As they turned around in
the yard, to proceed back down the single-lane road leading to the
public highway, they noticed 15 or 20 more cars parked in a field some
distance from the house.
Upon reaching the public highway, they stopped to discuss among
themselves the significance that might be attached to the activities they
had just observed. While so engaged, they noticed a small truck which
came down the road from the Barbara home and they saw that the
driver was a local character, a man engaged in the fish business. The
truck passed by their car, went some distance down the road and then
turned around, driving right back up the road to the Barbara home.
A few minutes later, the same truck came back down the road a
second time and kept on going.
At about the same time, they noticed a group of about 10 or 12 men
running through a field, coming from the direction of the Barbara
home and heading into a grove of pine trees. Then a car came down
the road, driven by an Endicott man known to the officers. They allowed
this car to pass but radioed to other troopers to stop the car farther
down the highway. This was done, and the two occupants were iden-
tified. Then a 1957 Chrysler Imperial sedan came down the road, but
Sergeant Croswell stopped it by blocking the roadway with his own
car. The Chrysler was owned and driven by Russell Buffalino and his
passengers Vito Genovese, Joseph Ida, Dominick Oliveto and Gerardo
Cateno.
g4 THIRD AND FINAL REPORT
Sergeant Croswell and Agent Ruston (luestioned Buffalino and his
passengers, searched each man and then let this car proceed. By that
time, four or five cars were lined up, waiting to get past the sergeant's
roadblock. Shortly thereafter, four more troopers arrived and Croswell
sent them np the side roads to intercept the men who had been seen
running into the woods. More troopers came later and about 20 were
finally participating in the efforts to identify and question Barbara's
visitors. With this additional help, a procedure was set up to send the
various automobiles, and their occupants, to the Vestal substation where
the individuals were questioned and searched for weapons. By 5 p.m.,
about 20 to 25 cars were stopped and proces.sed in this way. About 53
men were found in these cars and about 12 others were picked up walk-
ing through the woods or along the highway.
It was about 1 o'clock in the morning of November 15th when Ser-
geant Croswell and his fellow officers completed the process of ques-
tioning all subjects. In fact, one man was found in the woods as late
as 10 minutes to 12, indicating that he had been wandering on foot
for a period of hours. In searching the cars and the occupants thereof,
no weapons were found but the troopers learned that these men were
well supplied with cash. A considerable number carried between $2,000
and $3,000 in their pockets. Simone Scozzari, from California carried
$602 in cash and a cashier's check in the amount of $8,445.30.
During the course of this very busy afternoon and evening as the
various individuals were identified every effort was made to discover
some clear violation of law or some legal basis for detaining these men.
Since no weapons or other contraband was found on their persons or
in the cars, efforts were made to find out whether any were fugitives
or "wanted" men. By teletype and long distance telephone calls. Ser-
geant Croswell checked with various agencies and localities, in and out
of the state. It was soon apparent that a number of these men had
criminal records of varying length and that some were notorious for
their involvement in racketeering and criminal activities in all parts
of the Country. However, not one of these men was known to be
•'wanted" and Sergeant Croswell was unable to justify detention on
that basis.
An effort was made, during the questioning, to ascertain the reason
for this gathering of about 65 men at an obscure location such as the
Barbara home in Apalaehin. If Sergeant Croswell could obtain any
evidence that these men had gathered for an illegal or criminal purpose,
then he could justify detention pending further investigation. How-
ever, all answers to questions were to the same general effect — that
these 65 men found themselves to be at the Barbara home at the same
time out of sheer coincidence. Most of them said they had come to the
area on business and then just dropped in, unexpectedly, for a visit
with their good friend. All denied that there was any advance plan-
ning to gather there; all denied knowing that the others would be
present.
Allusion has been made to the various points from which Barbara's
guests had come. On the basis of the known residences of 63 of them,
the following geographical breakdown is of interest:
CRIME AND CRIMINAL COURTS IN CALIFORNIA 85
Upstate New York 19 Illinois 2
New York City area 15 Ohio 2
New Jersey 8 Colorado 1
Pennsylvania 6 California 2
Massachusetts 1 Florida 1
Missouri 2 Texas 1
Kansas 2 Cuba 1
Only nine did not have criminal records. The remaining: 53 had an
ao-ore<>ate of over 100 convictions and more than 275 arrests. As already
stated three of the persons who had attended the 1928 Cleveland meet-
ino' : Joseph Profaci of Brooklyn, N. Y., Joseph Magliocco of East Islip,
N. Y., and Vito Genovese of Highlands, New Jersey, were among the
1957 guests. Profaci was described in the Third Interim Report of the
Special Committee to Investigate Organized Crime in Interstate Com-
merce (Kefauver Committee) as "one of the top leaders of the Mafia."
Genovese is believed by police experts to be another of the top leaders
of the Mafia and was known to have been a close associate of the no-
torious Albert Anastasia, recently murdered in New York City in
"gangland" style.
TESTIMONY OF BARBARA'S GUESTS
The committee's executive hearings began on November 21, 1957, and
its public hearings on December 12, 1957. Nine of the individuals, resi-
dents of upstate New York and the New York City area known to have
been at the November 14th meeting, had disappeared by the time the
first committee 's subpoenas were being served a week after the meeting.
Joseph Barbara had suffered a very serious heart attack during 1957
and although his condition had improved sufficiently by November 14th
to enable him to travel and to pay host to the gathering, the events of
that day caused a set-back. At the time of the public hearings a physi-
cian employed by the committee to examine him reported that Barbara
could not be transported to the hearings without serious prejudice to
his life. Another guest, Carlo Gambino, suffered a heart attack and was
not subpoenaed. A third, Salvatore Tornabe, appeared at the public
hearing on December 21, 1957, but declined to answer questions invok-
ing his privilege against self-incrimination. He died of a heart attack on
December 30, 1957.
As a matter of fact, most of the guests invoked this privilege and
thus avoided testifying. With two exceptions, those that did testify, in
all about 9 or 10, were comparatively unimportant figures. They gave
varying explanations for their presence that day at Barbara's home,
but all took the same position as before when questioned by the state
troopers that they had not known of a planned meeting. They all just
happened to pick the same date to drop in and see their friend Barbara
or else they had some business to discuss with him. Most strangely, each
was there for only a short time and saw none of the other guests despite
the large number known to have been present there and the general
exodus that followed the discovery of the presence of the police.
APPENDIX 4
The Superior Court
Chambers of John A. Hewicker, Judge
San Diego, September 30, 1958
Honorable Edwin J. Regan
Senator of the State of California
Weaverville, California
Dear Senator: I have been reading in the Los Angeles Times about
your hearings in Los Angeles relative to the Cohan decision, the increase
of crime, and so forth, and have seen various views by various officials
expressed.
Judge Glen and I testified before the Assembly Committee in San
Diego, a subcommittee presided over by I believe George CraAvford. an
Assembl}Tnan from San Diego, and he covered some of the same ground
which your committee covered in Los Angeles.
I have heard from various sources that the Supreme Court of this
State is very anxious that the Legislature modify the rules laid down
in the Cahan decision so that the exclusionary rule will not apply to
narcotic cases. I think now the Supreme Court realizes they made a
serious mistake when they came out with that decision and they want
to "save face" by having the Legislature rescue them from the limb.
I do not think that the Cahan decision should be applicable only to
certain kinds of cases but I think it should be applicable to all cases,
including civil cases. If this were done bj' statute you would hear some
of the ambulance chasers, insurance companies, and extortionists in
divorce cases screaming tliat the exclusionary rule laid down in the
Cahan decision is unfair. I think even Judge Carter would scream that
it should not apply to civil cases for reasons well known to him.
If you rescue the Supreme Court in their present dilemma and do
not have the exclusionary rule apply to narcotic eases, you will have
the exclusionary rule so strict in other cases that it will be nigh impos-
sible to obtain a conviction. After all, why isn't a murderer like Chess-
man and Wein and Riser and the whole bunch of them entitled to the
same protection of the law as someone who sells marijuana cigarettes
or someone who may smoke one? Now please do not think that I am
trying to minimize the narcotics situation. I think it is a serious threat
to the State of California and to our youth, and I think vigorous prose-
cution should take place, but I do not believe in putting rapists, mur-
derers and armed robbers in a different category than narcotic violators.
Of course I feel that we should go back to the rule which we had in
this State prior to the Cahan decision. District Attorney Roll, now
deceased, as far as I know was the only district attorney in the State
of California who expressed an opinion that the Cahan decision was
proper. I think Mr. Roll, with all due respect to him. was trying to
flatter the Supreme Court and probably further his political ends.
What amazed me about his stand was that the Cahan decision and other
decisions which led up to the Cahan decision all arose in Los Angeles
(86)
CRIME AND CRIMINAL COURTS IN CALIFORNIA 87
County. If Mr. Roll felt that the Cahan decision was proper, why in
the world did he prosecute the cases in the first place? He could have
told the sheriff's office or the police department that the defendants'
rights had been violated to such a degree that he would not prosecute.
Instead of that he took the hypocritical stand of getting the defendants
convicted and after the cases were reversed complimented the Supreme
Court for reversing the decisions. His two stands I think were entirely
inconsistent and, in my opinion, unintelligible. Now his successor
wishes to modify the Cahan decision only insofar as it affects narcotic
cases. I think you ought to take the proposed bill of Mr. McKesson and
have it apply to all criminal cases.
What has amazed me is that some of these officials that have testified
that informers in narcotic cases should be protected and we should
have a different rule in narcotic cases than we have in other criminal
cases have not, so far as I have been able to ascertain, said anything
about the case of Powell v. the ^wperior Court, 48 Cal. 2d 704, another
mistake of the Los Angeles District Attorney's Office, in which the
Supreme Court ruled for the first time that the defendant in a criminal
case was entitled to in effect see the district attorney's file or the police
file or the sheriff's file to see what evidence they had against the de-
fendant. Justice Schauer wrote the opinion in spite of the fact that in a
previous civil case where there was a statute authorizing inspection be
dissented, the civil case having given the plaintiff a right to inspect a
statement made to an insurance adjustor on the theory that he had a
lapse of memory and he couldn't recall what he told the insurance
adjustor. Justice Schauer in that case stated that the only reason he
wanted to see the statement was so that he wouldn't perjure himself.
That statement was made in the case of Do well v. the Superior Court,
47 Cal. 2d 483. In the Poivell case Justice Schauer, who wrote that
opinion, states that at the common law the defendant was not entitled
to see the district attoi-ney's or police records and there was no statute
on the point in California but there had been such a marked improve-
ment in criminal procedure in California in recent years that he
thought the defendant was entitled to see the file. Amazingly enough,
the other judges agreed with him.
If you are going to permit the Powell rule to stand, what good would
it do to modify the Cahan decision so that it would not apply to nar-
cotic cases if the defendant is going to be able to come in and get an
order of the superior court directing the district attorney, the sheriff's
department or the police department to turn over their files to see what
evidence they have against them. If the file is complete and there is
an informant mentioned, he would undoubtedly be shot before the trial.
Other information will be obtained so that you will be unable to obtain
a conviction before a jury regardless of whether the exclusionary rule
applies in narcotic cases or not.
In my humble opinion it is much easier to work with the Cahan de-
cision than it is to work with the Powell decision.
I have been sitting in the criminal court in this county since May,
1954. I have heard every motion made under the Cahan decision to
exclude evidence that has been made in this county since the Cahan
88 THIRD AND FINAL REPORT
decision, and I have been reversed once and that was by the Fourth Ap-
pellate District and with that case I do not agree. As far as I can tell
we have had no difficulty with the Cahan decision in this county. If the
judges understand their rules of evidence and understand the Cahan
decision, there is no difficulty. The trouble is in some counties, like in
Los Angeles, some judges feel that the Cahan decision applies in every
case, and they have to be reversed to find out that it does not.
In short, I wish your committee would do something about the
Powell case and also about the Tupper against the Superior Court,
159 A. C. A. 348, in which a hearing has been granted by the Supreme
Court of California, the Tupper case being more vicious than the
Powell case in that in the Tupper case Justice Bray, whom I admire
as a judge, held that the inspection principle applied to preliminary
hearings as well as trials. The Poivell case was a trial. It is a peculiar
thing how many defendants have lost their memory about wiiat they
told officers on being arrested since the Poivell decision. They all have
the identical disability, as every affidavit is couched in the same terms
as the one in the Powell case.
I feel that when the Tupper case is decided by the Supreme Court
the door will be wide open and the district attorney and every law
enforcement agen>3y will have to turn over their complete file to the
defendant before the preliminarj- hearing and will also have to keep
the defense counsel advised as to any subsequent evidence uncovered
any time before trial or during the trial.
I realize that some of the members of your committee will not
agree with my views but that is their privilege. I am only writing
you this letter in hopes that it will be of some help to your committee.
With kindest personal regards, I remain
Sincerely,
John A. Hewicker
APPENDIX 5
REPORT OF EXECUTIVE DIRECTOR OF THE JOINT JUDICIARY
COMMITTEE ON ADMINISTRATION OF JUSTICE
Sentencing of Narcotic Law Violators and Adequacy and
Effectiveness of Present Penalties
HEARING
State Building, Los Angeles, June 16 and 17, 1958, 10 a.m.
The 1958 Legislature directed the Joint Judiciary Committee on
Administration of Justice to add to its calendar of topics a study of
"all facts relating to the sentencing of narcotic law violators" and
"to ascertain the effectiveness and adequacy of present penalties."
(Assembly Concurrent Resolution No. 44, First Extraordinary Session.)
The resolution contained the following recitals :
"Whereas, For many years the Legislature has been deeply
concerned with the narcotic problem in this State, a problem which
is still very much with us; and
"Whereas, The Legislature has, over the years, provided for
substantial penalties for narcotics offenses, such penalties increas-
ing in severity when the offender has a prior narcotics offense ; and
"Whereas, In a recent decision, (no doubt referring to People
V. Barhera, 159 A. C. A. 216, infra) the District Court of Appeal,
Second District, charged that it was commonplace for trial judges
in effect to allow a greater leniency to such offenders than the law
permits, by the device of disregarding prior convictions for nar-
cotic offenses; and
"Whereas, The failure of judges to administer laws as they have
been duly enacted, or administration of such laws in an uneven
manner, depending on the sympathy or lack of sympathy of the
judge with the particular law to be applied, can only result in
demoralization of law enforcement personnel and general disrespect
for the law ; now, therefore, be it. * * * "
THE INCREASE IN NARCOTIC LAW VIOLATIONS
It has been reported {People v. Barhera, 159 A. C. A. 216 at 222)
that the narcotic traffic has trebled in this country since World War II,
and that drug addiction is responsible for approximately 50 percent of
all crimes committed in the large metropolitan areas.
The number of arrests in California for narcotic offenses is growing.
The Bureau of Criminal Statistics reports that the number of adult
felony arrests for narcotic offenses in 1955 was 7,313 ; in 1956, 9,140 ;
and in 1957, 10,353.
In Los Angeles County the corresponding figures were : 1955, 5,639 ;
1956, 6,853; 1957, 7,731. Los Angeles County, with about 42 percent
of the state's population, has about 75 percent of the adult felony
arrests for narcotic offenses.
(89)
90 THIRD AND FINAL REPORT
The number of prosecutions in Los Angeles County for the sale or
possession of narcotics, as reported by the District Attorney's office,
shows a correspondingly large yearly increase. In 1955 there were 1,435
such prosecutions; in 1956, 1,895; and during the first six months of
1957, 1,162 (a yearly rate of 2,324).
PRESENT PENALTIES
The penalties for narcotic law violations are prescribed in Division X
of the Health and Safety Code. They were substantially increased in
1953, and the penalty with respect to the sale of narcotics was further
increased in 1954.
The penalties for the most frequent violations are as follows :
Possession of Narcotics
First Offender: County jail up to one year; or state prison from
one to 10 years.
Defendant with a prior narcotic conviction: State prison from 2 to
10 years.
{Section 11712. Any person convicted under this division for
having in possession any narcotic, or of violating the provisions of
Section 11530 or 11557 shall be punished by imprisonment in the
county jail for not more than one year, or in the state prison for
not more than 10 years.
(If such a person has been previously convicted of any offense
described in this division or has been previously convicted of any
offense under the laws of any other state or of the United States
which if committed in this State would have been punishable as
an offense described in this division, the previous conviction shall
be charged in the indictment or information and if found to be
true by the jury, upon a jury trial, or if found to be true by the
court, upon a court trial, or is admitted by the defendant, he shall
be imprisoned in the state prison for not less than two years nor
more than 20 years.) (1953)
CSoie one: Prior to 1953 the penalty for possessiou of narcotics for a first
offender was county jail from 3 to 12 months, or state prison up to 6 years.
For a defendant with a prior felony conviction, the penalty was state prison
up to 10 years.)
{Note two: The Federal penalty for possessiou or concealment of unlawfully
imported narcotics is imprisonment for not less than 5 years nor more than
20 years and fine of not more than $20,000, as to a first offender, and as to a
second or subsequent offender, 10 years to 40 years and fine of not more than
$20,000. 21 U.S.C.A. Sees. 174, 176a.)
Sale of Narcofics
First Offender: County jail up to one year; or state prison from
5 years to life.
Defendant with a prior conviction for a narcotic offense: State
prison from 10 years to life.
(Section 11713. Any person convicted under this division for
transporting, selling, furnishing, administering, or giving away, or
offering to transport, sell, furnish, administer, or give away, any
narcotic, shall be punished by imprisonment in the county jail for
CRIME AND CRIMINAL COURTS IN CALIFORNIA 91
not more than one year, or in the state prison from five years to
life.
(If such a person has been previously convicted of any offense
described in this division or lias been previously convicted of any
offense under the laws of any other state or of the United States
which if committed in this State would have been punishable as
an offense described in this division, the previous conviction shall
be charged in the indictment or information and if found to be
true by the jury, upon a jury trial, or if found to be true by the
court, upon a court trial, or is admitted by the defendant, he shall
be imprisoned in a state prison from 10 years to life.) (1954)
{Note one: Prior to lO.j.j the penalty for the sale of narcotics for a first
offender was county jail from G to 12 months, or state prison up to 6 years.
For a defendant Avith a prior felony conviction, the penalty was state prison
up to 10 years. In 1953 the penalty was increased for a first offender to :
county jail up to one year, or state prison up to 15 years ; for a defendant
with a prior narcotic conviction it was increased to : state prison for from 5
to 25 years.)
{Note tiro: The Federal penalty for the sale of unlawfully imported nar-
cotics is : First offense — 5 to 20 years plus up to .$20,000 fine ; second and
subsequent offenses — 10 to 40 years plus up to $20,000 fine. 21 U.S.C.A. Sees.
174, 176a.)
Sale to Minors
First Offender: State prison for not less than five years.
Defendant with a prior narcotics conviction. State prison for not
less than 10 years.
(Section 11714. Every person who hires, employs, or uses a
minor in unlawfully transporting, carrying, selling, giving away,
preparing for sale or peddling any narcotic, or who unlawfully
sells, furnishes, administers, gives, or offers to sell, furnish, ad-
minister, or give, any narcotic to a minor, is guilty of a felony
punishable by imprisonment in the state prison for not less than
five years.
(If such a person has been previously convicted of any offense
described in this division or has been previously convicted of any
offense under the laws of any other state or of the United States
which if committed in this State would have been punishable as
an offense described in this division, the previous conviction shall
be charged in the indictment or information and if found to be
true by the jury, upon a jury trial, or if found to be true by the
court, upon a court trial, or is admitted by the defendant, he shall
be imprisoned in the state prison for not less than 10 years.)
(1953)
{Note one: Prior to 1953, the penalty for this offense with respect to a first
offender was the same as now, state prison for not less than 5 years, and for
each subsequent such offense state prison for not less than 10 years.)
{Note tico: The Federal penalty for the sale or furnishing of heroin to a
person under the age of 18 years by a person over the age of 18 years is life
imprisonment, or imprisonment for not less than 10 years, or, if the jury so
directs, the penalty is death, and in addition a fine of not more than .$20,000.
21 U.S.C.A. 176b.)
Restrictions on Probation or Suspension of Sentence
Section 11715.6. In no case shall any person convicted of violating
Section 11501 [soliciting a minor], 11502 [sale of pretended narcotic],
f)2 THIRD AND FINAL REPORT
11712 [possession of narcotics]. 11713 [sale of narcotics], 11714 [selling
to minor], or 11715 [forging prescription], or of committing any
offense referred to in those sections, be grantcrl probation by the trial
court, nor shall the execution of the sentence imposed upon such person
be suspended by the court, if such person has been previously convicted
of any offense described in this division except Section 11721 [addict].
or has been previously convicted of any offense under the laws of any
other state or of the United States which if committed in this State
would have been punishable as an offense described in this division
except Section 11721. (1953)
(Xotc one: I'rior to 1!I.").S this section read : "nTin.e. In no case shall any person
convicted of violating Sections 11712, 11713, 11714. 1171"). or of committing any
offense referred to in those sections he granted prohation hy the trial conrt, nor
shall the execution of the sentence imposed upon such person be suspended hy the
court.")
{Xoie firo: The corresponding Federal statute (26 U.S.C.A. Sec. 72,37 (d)) pro-
vides that if the crime is not the defendant's first narcotics offense, the U. S. At-
torney shall file an information setting forth the prior conviction. If the defendant
does not admit the prior conviction, .sentence shall he postponed until the issue is
tried before the jury. A second offender is ineligible for probation and sentence may
not be suspended.)
Addiction to Narcotics
The penalty for using or being addicted to narcotics is a misdemeanor
punishable by not less than 90 days nor more than one year in the
county jail. The person may be placed on probation for up to 5 years,
but he must spend at least 90 days in the county jail.
{Section 11721. No person shall use, or be under the influence of,
or be addicted to the use of narcotics, excepting when admiuistered by
or under the direction of a person licensed by the State to prescribe
and administer narcotics. It shall be the burden of the defense to show
that it comes within the exception. Any person convicted of violating
any provision of this section is guilty of a misdemeanor and shall be
sentenced to serve a term of not less than 90 days nor more than one
year in the county jail. The court may place a person convicted here-
under on probation for a period not to exceed five years and shall in
all cases in which probation is granted rec^uire as a condition thereof
that such person be confined in the county jail for at least 90 days. In
no event does the court have the power to absolve a person who violates
this section from the obligation of spending at least 90 days in con-
finement in the county jail.) (1957)
{Sote: The penalty for the use of or being addicted to narcotics has been in
effect in substantially its present form since 1954. In 19.54 the courts were pro-
hibited fiom absolving a person from serving at least 90 days in the county jail.
In 1958, the power to place on probation for ."> years was added and the maximum
jail sentence increased to one year. Prior to 1953, the penalty was simply county
jail from 3 to 6 months.)
THE PRACTICE OF IGNORING, STRIKING OR DISIV^ISSING
PRIOR NARCOTIC CONVICTIONS
Recently complaints have been made by certain law enforcement
agencies and by at least one court (1958 A. C. R. 44; People v. Bar-
hera, 159 A. C. A. 216 (hearing granted by Supreme Court)) against
the widespread practice of the superior court judges in Los Angeles
County of ignoring, striking or dismissing previous narcotic convic-
CRIME AND CRIMINAL COURTS IN CALIFORNIA 93
tiuns I'har^ed in the information or otiier a<.;cusatory jiloadinfi-. Tiiese
complaints aparently led tlie Letiislature to direct the Joint Judiciary
Committee on Administration of Justice to study the seuccncing of
narcotic law violators (1958 A. C. R. 44, Par. 3). This practice of
ignoring', striking- or dismissing prior narcotics convictions has been
construed by the judges as authorizing them to pretend that the de-
fendant is a first-time offender and thus to permit them to grant him
probation or, except in the case of a sale to a minor, to give him a
county jail sentence, both of which would be impossible under the law
if the prior conviction were found true or admitted.
Also, even if such an offender is sentenced to state prison, this prac-
tice has the effect of reducing the minimum time he must serve by
one-half. That is, for possession the minimum time is cut from two
years to one; year, and for sale it is cut from 10 years to 5 years. With
respect to the offense of possession of narcotics, the maximum tiu;e is
also reduced by one-half, that is from 20 years to 10 years. (There is,
however, no such effect on the maximum time with respect to the sale
of narcotics which is life for either first or subsequent offenders. )
The extent of this practice of ignoring-^ striking or dismissing prior
narcotic convictions in Los Angeles County is detailed in the chart
appended to this report. A summary of such figures shows that during
the 11-month period between April 1, 1957, and February 25, 1958,
245 defendants charged with prior narcotic ofJenses were convicted of
or pleaded guilty to the possession of narcotics. In 182, or 74%, of
these 245 cases, the prior narcotic convictions were ignored, stricken or
dismissed. This permitted the penalty otherwise prescribed by law
(namely, state prison for from 2 to 20 years) in these 182 cases to be
i-educed as follows :
Placed on Probation 28
County Jail 89
State prison as first offenders (1-10 yrs.) 115
182
Also during this same 11-month period, 86 defendants charged wdth
prior narcotic convictions were convicted of or pleaded guilty to the
sale of narcotics. In 71, or 82%, of these 86 cases, the prior convictions
were ignored, stricken or dismissed. This permitted the penalty other-
wise prescribed by law (namely, state prison for from 10 years to life)
in these 71 cases to be reduced as follows:
Placed on Probation 7
County Jail 4
t^tate prison as first offenders (5 yrs. to life) 60
71
A survey of the larger counties (San Francisco, San Diego, Alameda,
Santa Clara, Ventura, Kern) shows that a similar practice is not fol-
lowed in these counties.
Following are excerpts from the replies of three district attorneys
in the counties surveyed :
"As an office policy, I do not permit any deputy to dismiss a
narcotics prior. These priors are charged in all possible instances
94 THIRD AND FINAL REPORT
and the judges of the Superior Court do not dismiss priors once
they have been charged.
"It is our interpretation of the sections covering narcotics priors
that it is mandatory for us to file such priors and we do so in all
instances where we have sufficient knowledge to enable us to make
the proper charge. Our judges also are universally of the opinion
that these priors should not be dismissed for any reason except
failure of proof."
*****
"The judges of the Superior Court in County
emphatically do not make a practice of ignoring, dismissing or
striking such prior convictions. Conversely, the judges, particu-
larly as to the Presiding Judge of the Criminal Court insist that
priors be pled and invariably we are prepared to prove the prior
in event defendant does not admit the prior."
*****
"I can't help but believe that remedial legislation is not the
answer to your proposed problem. It would seem to me that proper
coverage in the press of what the court did would cause the court
to think twice before flippantly taking actions as you suggest are
going on in some counties. ' '
*****
The practice of ignoring, striking or dismissing prior narcotic con^dc-
tions was sharply criticised by the District Court of Appeal, Second
District, Division 1, in the case of People v. Barhera, 159 A.C.A. 216
(hearing granted), heretofore mentioned.
Barbera had pleaded guilty to possession of marijuana in May, 1955.
He was given a suspended one-year county jail sentence, and placed on
probation for three years on condition that he serve the first 90 days in
the county jail and that he not associate with users of narcotics and
obey all laws.
In November, 1955, Barbera was arrested and charged with being a
lieroin addict. He again pleaded guilty and was again given three years
probation with the first 90 days to be served in the count}- jail.
In November, 1956, he was arrested and convicted for "certain de-
liberate violations of the law" (not further described) and sentenced to
90 days in jail.
In April. 1957, he was arrested for the offense involved in the case on
appeal, and charged with selling or furnishing heroin to a 16-year-old
girl^ and with possession of marijuana. He was charged with the prior
(1955) offense of possession. He denied the prior conviction, but during
the trial he testified on direct examination that he had been previously
convicted of the offense of possession. He was found guilty by the court
of the offense of selling heroin to a minor (16 years of age). The court,
however, made no finding as to the prior conviction, but did give it
recognition by ordering the original sentence (probation was revoked)
on the prior conviction to run concurrentlv with the prison sentence
for the latest conviction.
The District Court of x\ppeal (Justice Fourt) said:
"This case unfortunately is typical of many cases arising in
Los Angeles county wherein the trial judge, in the face of uncon-
tradicted evidence to the contrary, either finds that a charged prior
CRIME AND CRIMINAL COURTS IN CALIFORNIA 95
conviction is not true, or arbitrarily strikes such prior conviction
supposedly 'in the interests of justice;' or, as in the instant case,
fails entirely to make any finding as to the truth or falsity of the
prior conviction: in this case the defendant, under oath, brought
out in his own testimony on direct examination that he had been
previously convicted of a "violation of Section 11500 of the Health
and Safety Code. '
"In most narcotic cases coming before this court v^^ithin the
past few years the record discloses appellant to have had one or
more prior convictions of a narcotic offense or of a felony. In the
matter of illicit narcotics, the legislature has clearly spelled out the
penalty to be imposed in such cases. If the trial judges ignore or
strike prior convictions, the very purpose of the legislature in en-
acting the statutes in question, that is, to eliminate the narcotic
peddlers and users as hazards to themselves and to society, is
blocked. If judges repeatedly, b}^ one device or another, see fit to
fail in their duties and responsibilities, it is little wonder that law
enforcement, in particular with reference to narcotic cases, is
falling into disrepute.
"Under Section 1158, Penal Code, a jury ymist find whether the
defendant has suffered a previous conviction when such prior con-
viction is charged in an information. It would seem that a judge
should not fail to do that which a jury must do. The separate
issue of the prior conviction was presented and the judge in this
case failed to act. The failure of the judge to find as to the truth
or falsit.y of the prior conviction amounts to a finding that the
charge was not true. In re Daniels, 119 Cal. App. 350, 6 P. 2d 549 ;
In re Hall, 88 Cal. App. 212, 263 P. 295; People v. Ysahel, 28
Cal. App. 2d 259, 82 P. 2d 476. Such a finding, in turn, has the
effect of reducing the sentence of the defendant bv about one-half.
Health and Safety Code, Sec. 11714.
"Furthermore, on the face of the judgment in the heroin case,
the incongruity of the whole matter is evident^the court in effect
found that the prior conviction was not true, and then immediately
ordered that the sentence in the prior case, which a judge had
theretofore imposed (May 31, 1955), be 'placed in full force and
effect,' however, to run concurrently with the sentence imposed in
the heroin selling case. Such practice is not conducive to sustaining
the reputation of the courts for integrity.
" ' * * * the illicit drug traffic has trebled in the United States
since World War II ***.''*** drug addiction is reponsible
for approximately 50 percent of all crimes committed in the larger
metropolitan areas ***.''*** drug addiction is contagious.
Addicts spread the habit with cancerous rapidity ***_''***
Heroin * * * peddlers are selling murder, robbery * * * and
should be dealt with accordingly. * * * In truth and in fact, it
is 'murder on the installment plan,' leading not only to the final
loss of one life, but to others who acquire this contagious infection
through association with the original victim. ' Report of the Com-
mittee on the Judiciary, U.S. Senate Report No. 1440 (Pursuant
to Senate Resolution 67).
96 THIRD AND FINAL REPORT
"It is not readily apparent why a judge would vitiate the effec-
tiveness of the existing law by failing to observe the clear mandate
of the legislature in the treatment of recidivists. (California, how-
ever, has repeatedly been referred to as ' very weak in legislation. '
(Anslinger, U. S. Commissioner of Narcotics.) 'Without exception
the illicit traffic continues to flourish in those problem areas where
leniencj' is an established pattern in the courts. * * * The most
effective weapon against the spread of addiction and the elimina-
tion of existing addiction is severe punishment in the form of
mandatory sentences which effectively deter traffickers." Report of
Subcommittee on Narcotics to the House Committee on Ways and
Means, 1956.
"It appears that if anything would give the peddler of narcotics
confidence and an incentive to continue in the illicit traffic, it would
be the strong possibility that if he were caught, in any event, he
would only receive the lightest sentence possible, and if a recidivist,
he might even be fortunate enough to be sentenced as a first
off'euder, as in the instant case. Experience in other states and in
the Federal Government has demonstrated conclusively that the
narcotic peddler is gradually going out of business where the
penalty is certain and severe. 'He cannot stand that five j'ears
without probation and without parole.' Anslinger, U. S. Commis-
sioner of Narcotics.
"Had the appellant in this case been apprehended by federal
officers and prosecuted and convicted in the federal court, he would
have been subjected to a very different penalty, namely, in accord-
ance with the federal law where it is set forth: '^Tioever * * *
sells, * * * furnishes, or * * * facilitates the sale, giving, fur-
nishing * * * any heroin * * * to any person who has not at-
tained the age of 18 years, may be fined not more than $20,000, and
shall be imprisoned for life, or for not less than ten years, except
that the offender shall suffer death if the jury at its discretion
shall so direct.' 21 U.S.C.A. Sec. 176b. No suspension of the imposi-
tion or execution of sentence or the granting of probation is per-
mitted under the federal law. ' '
Another case (concurring opinion) wherein the practice of ignoring
prior convictions was criticized is People v. Barflett (1957). 153 C.A. 2d
574. The defendant was tried for grand theft and conspiracy to commit
theft. He was charged with and personally admitted prior convictions
of felonies. The defendant was charged with having suffered a convic-
tion for a violation of the Harrison Narcotic Act, a felony, in 1944
and also it was charged that he had been convicted of a violation of
Section 11715 of the Health and Safety Code, a felony, in 1949. The
court found the priors to be true. Subsequent to this finding, defend-
ant's attorney moved the court to withdraw the previous admissions
as to the priors for the purpose of entering a new and different plea
as to those priors. This motion was granted. The court then made a
finding that the priors were not true.
Justice Fourt in his concurring opinion commented on this practice
by saying that such a finding is to .sav to the defendant "^Mr. Defend-
CRIME AND CRIMINAL COURTS IN CALIFORNIA 97
ant, though you have admitted that you were previously convicted of
the felonies charged against you, and though you have admitted that
you served terms therefor in prison, I am now going to find that you
were not so convicted, and further that you did not serve any terms
in prison therefor, in order that I can avoid for you, the added pen-
alties which the Legislature has imposed upon defendants with prior
felony convictions."
Justice Fourt continued :
"The question can well be put, 'When, if ever, does a judge vot
have the right or power to find the exact opposite of that which
the defendant freely and openly admits, and which is documented
by certified copies of judgments, fingerprints and prison records?'
"If it is too severe to impose an added punishment upon a de-
defendant twice previously convicted of a felony and who has
served penitentiary terms therefor, the Legislature should be asked
to amend the law. In any event, an exconvict, after one or \yjo
experiences in prison, can avoid the severity of the law in ihis
respect, if there is any severity in it, by the simple process of
behaving himself and complying with the law. Certainly the courts
should not take it upon themselves to do by sophistry and indirec-
tion and fiction, that which they cannot legitimately do directly.
"Courts should not torture the language of the statutes to the
extent of giving a meaning thereto which is clearly not there, and
they should not dotingly relieve such defendants of the responsi-
bility of their own admitted course of conduct.
"Under the situation presented in this case the good citizens of
the community, surely with wonderment, are left to figure out
what sort of legalistic legerdemain, or sleight of hand can bring
about such an anomaly, and a defendant could well experience
some bewilderment as to just where he was during the time of his
incarceration, if he was not in the penitentiary, as the record dis-
closes he was and as he said he was.
"Respect for the law will not be enhanced by the procedures
adopted and followed in this case. ' '
There is, however, no question of a trial court's legal power to strike
prior convictions. The only question is whether this power has been
abused. The practice of "striking a prior" Avas given judicial approval
in the case of People v. Burke (1956), 47 Cal. 2d 45. In this case the
defendant had been convicted of a violation of Section 11500 of the
Health and Safety Code which makes it a crime to unlawfully possess
marijuana. Defendant appealed claiming that there was error in the
admission of certain evidence. The people asked for a reversal of the
judgment for the purpose of having defendant's sentence increased on
the ground that the charge of a prior conviction of a violation of Sec-
tion 11500 of the Health and Safety Code, w'hich was alleged in the
information and admitted by the defendant, was erroneously stricken
in the interest of justice. It was urged that since Section 11712 of the
Health and Safety Code requires that all previous convictions of cer-
98 THIRD AND FINAL REPORT
tain charjres shall be charged in the indictment or information and
if such previous convictions are found to have been suffered by the
defendant he shall be imprisoned in the state prison for not less than
two nor more than 20 years, and the defendant did in fact admit to
previous conviction of a violation of Section 11500 of the Health and
Safety Code, the court was without power to ' ' strike the prior. ' '
The Supreme Court of California recognized that the procedure of
striking or setting aside or dismissing a charge of a prior conviction
is not expressly provided for by statute but is commonly used in trial
courts. The court stated that the striking of a prior was proper when
the trial court has concluded that "in the interest of justice" defend-
ant should not be required to undergo a statutorily increased penalty
which would follow from a judicial determination of his prior convic-
tion. It was held that the power to strike or dismiss a prior conviction
is within the power granted by Section 1385 of the Penal Code which
allows the court upon its own motion and in the furtherance of justice
to order an action dismissed.
In People v. Harris (1956), 146 Cal. App. 2d 142, the defendant had
been convicted of unlawfully possessing marijuana and the allegation
of a prior conviction in the State of Texas for the possession of nar-
cotics was found to be true. The court said :
"The record herein shows that the trial court, having found the
prior conviction of appellant to be true, was greatly disturbed
because he was unable to grant appellant probation. He stated that
the law had made it mandatory that he sentence appellant to state
prison, that he had no alternative, and that he could only recom-
mend to the Adult Authority a minimum sentence, and the earliest
parole.
"The transcript shows that the trial judge was in error in con-
cluding that he had no alternative except to sentence appellant to
state prison. He apparently was not aware of the power to dismiss
the prior conviction in order to avoid that sentence. Since the
Supreme Court in People v. BurJce, supra, has now made the law
clear in this respect, the trial court in future cases will not fall
into this error at the time of sentence."
Section 1385 of the Penal Code dealing with the dismissal of actions
provides :
Section 1385. The court may, either of its own motion or upon
the application of the prosecuting attorney, and in furtherance
of justice, order an action to be dismissed. The reasons of the
dismissal must be set forth in an order entered upon the minutes.
No dismissal shall be made for any cause which would be ground
of demurrer to the accusatory pleading. (1951)
Section 1158 of the Penal Code provides that the court or the jury
must find whether or not charged prior convic-tions are true. This
section reads :
Section 1158. "Whenever the fact of a previous conviction of
another offense is charged in an accusatory pleading, and the de-
CRIME AND CRIMINAL COURTS IN CALIFORNIA 99
fondant is found jiuilty of tlie offense with which he is ('har<;-ed, the
jury, or the judf>e if a jury trial is Avaived, must unless the
answer of the defendant admits such previous conviction, find
whether or not he has suffered such previous conviction. The
verdict of finding upon the charjic of pi-evious conviction may be :
"We (or \) find the charge of previous conviction true" or "We
(or I) find the charge of previous conviction not true," according
as the jury or the judge find that the defendant has or has not
suffered such conviction. If more than one previous conviction is
charged a separate finding must be made as to each. (1951)
The sections of the Health and Safety Code dealing with penalties
for violations of narcotic laws (supra) all ])rovide that pi-ior convic-
tions "shall be charged."
Section 969 of the Penal (Jode dealing generally with the charging
of prior convictions ])rovides that "all known previous convictions
* * * must be charged." This section reads:
Section 969. In charging the fact of a previous conviction of
felony, or of an attempt to commit an offense which, if perpetrated,
would have been a felony, or of theft, it is sufficient to state, "That
the defendant, before the commission of the offense charged herein,
was in (giving the title of the court in which the conviction was
had) convicted of a felony (or attempt, etc., or of theft)." If more
than one previous conviction is charged, the date of the judgment
upon each conviction may be stated, and all known previous con-
victions, whether in this State or elsewhere, must be charged.
(1951)
Some advocates of the practice of ignoring, striking or dismissing
prior narcotic convictions have sought to justify their position in part
by pointing out a 1957 amendment to Section 969a of the Penal Code,
which provides that whenever it is discovered that a pending accusatory
loleadiug dots not charge all prior convictions, the pleading "i>»/i/" be
amended to include to charge such prior conviction. Before the 1957
amendment the word was "s/mZr'. This section applies, however, only
to after-discovered prior convictions and it does not appear to have any
pertinency at all with respect to priors already known and charged.
Some advocates of this practice have also sought to justify their
position on the ground that the legislative intent is that the Adult
Auihority shall have as much "latitude" as possible in fixing sentences.
The pertinent statutes only provide, however, that "the fixing of
sentences shall be determined by the Adult Authority" (Penal Code
Section 5077), that the Adult Authority "may determine * * * what
length of time * * * such person shall be imprisoned," and that the
court, in sentencing a person to state prison "shall not fix the time or
duration of the period if imprisonment" (Penal Code Section 1168). It
seems clear that the Adult Authority has only been granted authority
to fix the term of prison sentences within the particular range of lime
for a particular offense prescribed by the Legislature.
Also, the Adult Authority is not necessarily given more "latitude"
in fixing the term of sentences by the practice of striking prior convic-
lOU THIRD AND FIXAL REPORT
tions. For example, the prison term prescribed for a first oll'ender for
possession is one to 10 years, and for a subsequent offender two to 20
years. Obviously the Adult Authority has twice the "latitude" if the
priors are not stricken.
PAROLE AND TIME OFF FOR GOOD BcHAViOR
Section 2920 of the Penal Code provides for a reduction in time to
be served for good behavior as follows :
Time to be served
jA'tt<jth of sentence (yood hehuvior )
1 year 10 months
2 years 1 year 8 months
3 years '1 yeai-s 4 months
4 years 3 years
5 years 3 years T months
G years 4 years 2 mouths
7 years 4 years 9 mouths
8 years 5 years 4 months
y years 5 years 11 months
10 years (j years ti months
There is a further reductiou of tive months for each year after the tenth
year.
Section 3049 of the Penal Code permits the parole of prisoners
(Avhere minimum term is more than one year) after they have served
one third of their minimum term.
RECOMMENDATIONS
It would seem that the law with respect to striking prior convictions
should be clarified so that the practice among different counties would
be the same, and so that a defendant who happens to admit prior con-
victions would not be sentenced differently from the one who denies
the priors.
If the law is to be clarified to clearly permit such practice, the fol-
lowing provision has been suggested :
Whenever an allegation in an accusatory pleading, admitted or
found to be true, increases the penalty for the substantive offense,
the judge at the time of sentencing may strike the allegation from
the accusatory pleading and sentence the defendant pursuant to
the law applicable when no such allegation is made.
On the other hand, if the desire is to restrict the practice, it could
be accomplished by an amendment to Section 1385 of the Penal Code
to provide that the court may only dismiss upon motion of the District
Attorney or for insufficiency of the evidence.
A bdl (A. B. No. 751) to accomplish this purpose was introduced at
the 1957 session. It read as follows :
The court may, upon motion of the prosecuting attorney, at any
time prior to conviction by plea, verdict, or finding, order the dis-
missal of a complaint, indictment, or information, or of any count
or allegation therein as to any or all defendants. The court may
also order such dismissal on the ground of insufficiency of the
evidence, on motion of the defendant at the close of the prosecu-
tion s case.
CRIME AXD CRIMINAL COURTS IN CALIFORNIA 101
The practice might also be restricted by an appropriate amendment
declaring that the Ijegislaturo hereby expresses the policy of the people
of the State of California to be that, except in the nnnsiial cases where
the interest of justice demands a departure from the declared policy,
no judge shall strike, dismiss or fail to make a finding with respect to
a prior narcotics conviction charged in the accusatory pleading.
More or less similar declarations of legislative policy are expressed
in Section 644 of the Penal Code (dealing with habitual criminals) and
in Section 1203 (dealing with restrictions on probation).
GoscoE 0. Farley,
Executive Director,
Joint Judiciary Committee on
Administration of Justice
June 11, 1958
NUMBER OF PRIOR CONVICTIONS IGNORED, STRICKEN OR DISMISSED WITH
RESPECT TO DEFENDANTS CONVICTED OF CERTAIN NARCOTIC OFFENSES
(SALE AND POSSESSION) IN THE LOS ANGELES SUPERIOR COURT
DURING THE PERIOD APRSL 1, 1957, THROUGH
FEBRUARY 25, 1958
I. Heroin
A. Non-juri/ trials
Sale of Heroin
Defendants found guilty, prior convictions had been charged 31
Priors stricken 2
Priors dismissed 7
No finding on pi-iors 14
No action on priors 3
Priors found true 5
31
Possession of Heroin
Defendants found guilty, prior convictions had been charged 73
Priors stricken 9
Priors dismissed 8
No finding on priors 37
Prior admitted 1
Priors found true 16
Priors found not true 2
73
B. Jury Trials
Sale of Heroin
Defendants found guilty, prior convictions had been charged r>
Prior stricken 1
Prior dismissed 1
No finding on priors 2
Prior admitted 1
Possession of Heroin
Defendants found guilty, prior convictions had been charged 6
No finding on priors 2
Priors found true 4
6
102 THIRD AND FINAL REPORT
C. Pleas of Guilty
Sale of Heroin
DcfeiKlauts pleaded sui'ty- l>ri<'r convictions had Ijceu charf,'((I . ^ ."iS
Priors stricken 3
Priors dismissed 3
No finding on priors 15
No action ou priors 11
Priors admitted 3
Priors found true 3
38
I'ossession of Heroin
Defendants pleaded guilty, prior convictions had been charged 5S
Priors stricken 9
Priors dismissed 1
No finding on priors 33
No action on priors 5
Prior admitted 1
Priors found true 9
58
II. All Narcotics Other Than Heroin: Marijuana, Opium, etc.
A. N on- jury trials
Sale of Marijuana, Opium, etc.
Defendants found guilty, prior convictions hud been charged 10
Priors stricken 2
Priors dismissed 2
No finding on priors 3
Priors found true 3
10
Possession of Marijuana, Opium, etc.
Defendants found guilty, prior conviction.s had been charged 58
Priors stricken 10
Priors dismissed 4
No finding on priors 20
No action on priors 4
Prior admitted 1
Priors found true 16
Priors found not true 3
58
B. Jiiry Trials
Sale of Marijuana, Opium, etc.
(No cases)
Possession of Marijuana, Opium, etc.
Defendants found guilty, prior convictiiins had been charged 2
No finding on prior 1
Prior found true 1
CRIME AND CRIMINAL COURTS IN CALIFORNIA 103
C Pleas of Guilty
Sale of Marijuana, Opium, otc.
Defeiulanis plcadod guilty, prioi* corivictioiis had licru cliai'si-'d 2
Xo fiudins on priors 2
2
Possession of Marijuana, Opium, etc.
Defendants pleaded guilty, prior convictions had been charged 48
Priors stricken 7
Priors dismissed '. 4
No finding on priors 25
No action on priors ?>
I'riors admitted 2
Priors found true C
Prior found not true 1
48
Compiled by Goscoe O. Farley, Executive Director, from data supplied l)y Los
Angeles County Clerk.
June 6. 1958
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APPENDIX 7
DISCUSSION OF SENATE BILL NO. 228 AND ASSEMBLY BILL NO. 202
RELATING TO THE DISMISSAL OF CRIMINAL ACTIONS
.•>ecTion 1365 of the Penal Code now reads :
"The court may, either of its own motion or upon the applica-
tion of the prosecuting attorney, and in fnrtheranee of justice,
order an action to be dismissed. The reasons of the dismissal mn-st
be set forth in an order entered upon the minutes. Xo dismissal
shall be made for any cause which would be ground of demurrer to
the accusatory pleading."
As amended by Senate BOl No. 228 and A^embly Bill No. 202, Section
1385 of the Penal Code would read as follows :
*'The court may, upon motion of the prosecuting attorney, at
any time prior to conriction by plea, verdict, or finding, order the
dismissal of a complaint, indictment, or information, or of any
count or allegation therein as to any or all defendants. The court
may also order such dismissal on the ground of insufficiency of the
evidence, on motion of the defendant at the close of the prosecu-
tion 's case.
PRESENT LAW AND ITS DEFECTS
Under the present law, a trial judge has the power to dismiss all or
any portion of a criminal ca,se at any time he chooses, for any reason
he desires and without any notice to the prosecuting attorney. This is
the interpretation given to Section 1385 of the Penal Code by the Su-
preme Court in the case of People v. Burl-e fl956). 47 Cal. 2d 45. and
other eases. The power thus given to a trial judge has resulted in abuses
in many situations which will now be discussed.
A. The Improper "Fixing'' of Cases
A criminal case Ls ordinarily begun by the filing of a complaint in
court or by the filing of a "citation" fsuch as for traffic violations or
city or county ordinances) which is a substitute for the complaint.
Under proper procedure the defendant (if he does not post and forfeit
ban where that is permissible) goes into court and enters a plea of
either guilty or not guilty. If the plea is "guilty." the judge sentences
the defendant or grants him probation. If the plea is "not guilty," a
trial is had to determine whether the defendant is innocent or guilty.
By that procedure the case is decided upon its merits.
However, many judges, for reasons known only to themselves, pre-
vent criminal cases from being tried on their merits by dismissing
them. For example, in many communities a x>erson who gets a traffic
ticket goes in to see the judge in the judge's office. The judge writes
"dismissed" on the ticket and that is the end of the case. The judge
has not heard one word of testimony and has no idea of what the
prosecution's case is. The defendant may have told his side of the story
(106)
CRIME AND CRIMINAL COURTS IN CALIFORNIA 107
to the judpe or he may have prevailed upon the judge's friendship to
induce the judji'e to take the action of dismissing the ease. But whatever
the reason, it is essentially wrong for a judge to dismiss a party's case
after hearing only from the opposing party. Additionally, wlien the
judge permits the defendant (or defendant's attorney) to speak to the
judge privately about the case, the judge is violating Canon 15 of
the Canons of Judicial Ethics of the Conference of California Judges.
Thus tlie present law encourages unethical practices.
Although the present law re(piires that the "reasons of the dismissal
must be set forth in an order entered upon the minutes," this is almost
never done. It is an unenforceable provision.
Furthermore, when the judge dismisses a ease in this fashion without
any notice to the prosecuting attorney, there is no appeal from his
action.
B. Improper Dismissal of a Case During Trial
Sometimes when the defendant has pleaded not guilty and a trial
is in progress, the judge may arbitrarily and erroneously dismiss the
case. This happened in People v. Valenti (1957, 49 Cal. 2d 199, where
the trial judge, during the course of a narcotics trial, came to the
erroneous conclusion that evidence had been illegally obtained by the
police officers. He then reached a second erroneous conclusion, namely,
that the proper thing for him to do was to dismiss the case. The
Supreme Court expressly recognized both of these mistakes, but never-
theless affirmed the judge's action as being authorized under Section
1385 of the Penal Code and since the defendant had been in jeopardy
once, the case could not be prosecuted again.
C. Siriking of "Priors" and Other Allegations
The Legislature has designated a penalty for each particular crime.
TTnder certain circumstances, a greater penalty for a particular crime
may be called for, because of the existence of certain facts, than would
be imposed if those certain facts did not exist. For example, the penalty
for the unnatural sex act described in Section 288(a) of the Penal Code
is imprisonment for not exceeding 15 years or by imprisonment in the
county jail not to exceed one year. However, if the victim is under 14
and the defendant is more than 10 years older, no county jail sentence
is permitted and the imprisonment term is from three years to life.
Robbery is punishable by imprisonment for one year to life, but if the
robber is armed with a deadly weapon, the punishment is five years to
life. If the defendant commits a crime for which the prison punishment
would ordinarily be, for examjile, one to five years, his minimum term
would nevertheless be four years (under Sec. 3024 of the Penal Code)
if he has one prior felony conviction and if he was armed with a con-
cealed deadly weapon at the time of his arrest. A first-time drunken
driver need not be sentenced to jail at all, but a second-time offender
must be sentenced to at least five days in jail. There are many other
similar illustrations.
Tlie increased i^enalties which are applicable only when certain facts
are true do not apply unless (1) the prosecuting attorney has alleged
tliose facts in the accusatory pleading and (2) unless the defendant
lias admitted those facts or the judge or jury has found them to be
108 THIRD AND FINAL REPORT
true. If the situation at the time of seuteneing of a defendant is that
the alleged facts have been admitted or found to be true, the increased
penalties apply. If a judge does not like the increased penalties pro-
vided by the Legislature, he can, under the present law, avoid imposing
the increased penalties by dismissing that portion of the case which
alleges the facts that would invoke the increased penalties. In People v.
Harris (1956), 146 Cal. App. 2d 142, the appellate court recommended
that trial judges ought to do this "in order to avoid" the legislatively
prescribed sentence for a repeater.
The power which presently exists to dismiss a portion of the case in
order to avoid a greater penalty also leads to other undesirable conse-
quences. It encourages a defendant, when he is arraigned on the accusa-
tory pleading, to deny the allegations of fact which would increase his
penalty even though he knows full well that they are true. This is so
because if the defendant admits the allegation of the prior offense, it
can be removed from the case only by the exercise of the judge's power
to dismiss it. A judge is understandably reluctant to dismiss from a
case an admitted allegation. Thus the defendant, by denying the alle-
gation, makes it less difficult for the judge to reach the result he de-
sires. Since the denial puts the matter in issue, there must be a finding
that the allegation is true before it has any effect. Thus the judge can
find that the allegation is not true or he can make no finding at all in
which case it has the same effect as being found not true. If a judge is
criticized for finding not true that which is obviously true, he can quite
logically respond that he is merely reaching a result which he can reach
in any event. In other words, why should he find the allegation of a
prior conviction to be true and then later strike it rather than simply
find it to be not true in the first place ? Similarly, if the judge is criti-
cized for failing to comply with Section 1158 of the Penal Code which
requires that he must make a finding concerning the allegation of a
prior conviction, he can logically reply that it is pointless to make such
a finding and subsequently strike the finding pursuant to the power of
dismissal contained in Section 1385 of the Penal Code. As a conseciuence
of this type of reasoning, defendants frequently deny that they were
convicted of designated prior offenses alleged in the accusatory plead-
ing although they know full well that such allegations are true. This
breeds disrespect for the law and can only cause a defendant to think
that the law frowns on honesty when his attorney advises that by all
meajis he must deny that which he knows to be true.
The extent to which this practice of "striking" or "ignoring" alle-
gations which serve to increase the penalties is illustrated by the cases
appearing in Volume 167 of Advance California Appellate Reports,
the last complete volume of these reports at the date this memorandum
is written. Here are some of the cases in that volume alone:
1. People V. Jackson (1959), 167 A. C. A. 300. The court said
that defendant "was also charged with prior felonies, namely,
burglary in Texas in 1939 and robbery in California in 1946; the
court made no finding thereon." The defendant was sentenced to
prison for a term of one to 15 years for burglary, whereas his
sentence should have been a term of from two to 15 years.
2. People V. Thomas (1959), 167 A. C. A. 389. Defendant was
charged with possession of heroin and the accusatory pleading
CRIME AND CRIMINAL COURTS IN CALIFORNIA 109
further alleged that he had suffered a prior eoiivictiou for posses-
sion of marijuana for which he had served a pi'ison term. The
judge found tlie defendant guilty, hut determination of the ques-
tion of whether he had suffered the prior convietion alleged was
continued until the time of sentencing. At the time of sentencing,
probation was denied and defendant was sentenced to six months
in the county jail. When the judge's attention was called to the
fact that he forgot to consider the allegation of the prior offense,
he immediately called the defendant back into court, vacated the
county jail sentence and sentenced the defendant to prison. The
district court of appeal reversed the prison sentence and reinstated
the jail sentence on the ground that the trial judge had lost juris-
diction after the original sentencing. Thus a man who spent time
in prison on a prior offense of sale of marijuana got a short jail
term for the subsequent offense of possession of heroin.
3. rcople V. Thomas (1959), 167 A. C. A. 818. In this case de-
fendant was convicted of sexually molesting a five-year-old girl.
He was charged wdth a prior offense of violation of Section 288 of
the Penal Code in 1949, with taking indecent liberties with a female
child in 1942, with lewd and lascivious acts upon a child in 1940
and with taking indecent liberties in 1936. The trial judge, even
though he previously found the prior convictions to be true,
ordered the prior convictions stricken "in the interest of justice."
The defendant was sentenced to prison, but it was necessary for
the district court of appeal to construe the trial judge's action in
"striking the priors" as related to the 1942, 1940 and 1936 priors
and not to the 1949 prior. The appellate court pointed out that if
all of the priors had been stricken, the maximum sentence per-
missible would have been six months in the county jail.
4. People v. Fields (1959), 167 A. C. A. 873. Defendant was
charged with possession of heroin and with two prior felony con-
victions, namely, the possession of heroin and forgery, for both of
which offenses he had served prison terms. Defendant was found
guilty, but the trial judge made no finding as to the prior convic-
tions. The appellate court said : ' ' The defendant was then sentenced
as a first offender. Had he been properly and legally sentenced, his
minimum term under Section 11712 of the Health and Safety
Code would be not less than two years nor more than 20 years. In
other words, the defendant in this case is now, by reason of the
judge's failure to find as to the prior convictions (pursuant to
Penal Code, Sec. 1158), permitted to serve a sentence which can
be considerably less than that required and set forth in the stat-
utes. ' '
5. People V. Whiie (1959), 167 A. C. A. 913. Defendant was
charged with and convicted of possession of marijuana. The accu-
satory pleading also charged him with having previously been
convicted of violation of Section 11721 of the Health and Safety
Code, being addicted to unlawful use of narcotics. The appellate
court noted that no finding was made by the trial judge regarding
the allegation of the prior offense. Defendant was consequently
sentenced as a first-time offender.
no THIRD AND FINAL REPORT
The most lenient treatment of repeated offenders in Los Angeles
County seems to be in the field of narcotics. (All of the above-noted
cases arose in Los Angeles (Jonnty.) The statistics compiled by the
Interim Joint Judiciary Committee on Administration of Justice last
year show that 74 percent of the repeated possessors of narcotics are
treated as first-time possessors in Los Angeles and 82 percent of the
repeated sellers of narcotics are treated as first-time sellers in Los An-
geles. It is absolutely useless to legislate increased penalties for recidi-
vists unless something is done to prevent judges from treating recidi-
vists as though they were first-time offenders. The present interpreta-
tion of Section 1385 of the Penal Code has put the Legislature in the
ridiculous position of having said, in effect, the following :
"A first-time possessor of heroin may, in the discretion of the
judge, be granted probation or sentenced to up to one year in the
county jail or sentenced to state prison for a term of one to ten
years. As to a second-time possessor of heroin, however, no proba-
tion shall be permitted and the judge shall sentence the defendant
to a term of from 2 to 20 years in the state prison, provided,
however, that the judge may sentence the defendant to a term of
one to ten years in prison or to a term in the county jail for not
more than one year. ' '
The present law permits and encourages inequality and undermines
the entire basis of the indeterminate sentence law in California. One
second-time possessor of heroin in Los Angeles County will be sent to
prison, and another, guilty of the same repeated offense, will be sent to
county jail. ^loreover, the man who goes to prison from Los Angeles
County will be serving a term of from 1 to 10 years while his cellmate
who has been sentenced for exactly the same offense from Ventura
County will be serving a term of from 2 to 20 years.
PROPOSED CHANGES IN THE LAW
The first change which would be made by the amendment is to remove
from the trial judge the power to dismiss all or a part of the case on
his own motion. There is absolutely no logic in permitting a judge, sim-
ply because he wants to avoid sentencing the defendant for the term
designated by the Legislature or for any other reason, to dismiss all or
any part of a criminal action without the consent of the prosecutor. At
common law and in the federal courts and in most state courts, the
judge has no power of dismissal whatever. That power rests solely in
the prosecuting attorney. California has gone to the other extreme,
electing to place the power solely in the judge. The amendment w^ould
take a middle ground by leaving the power of dismissal in the judge,
but permitting it to be invoked only upon a proper motion from one of
the parties and not arbitrarily by the judge himself.
There are multitudes of reasons why a prosecutor may wish to dismiss
a case prior to the conviction of the defendant. He should be allowed
to make such a motion and present to the trial judge whatever reasons
he has in support of it. The judge, however, should have the authority
to deny the motion so that the interests of the public will be protected
from the actions of an unscrupulous or incompetent prosecutor. Simi-
larly, the interests of the public should be protected from an arbitrary
CRIME AND CRIMINAL COURTS IN CALIFORNIA 111
judge who might dismiss a case over the objection of the prosecutor
simply because of some whim of his own.
The second change which would be made by the amendment is to
limit the time of the dismissal. When the defendant has been convicted
(by plea, verdict or finding) and when other allegations (such as
being armed with a deadly weapon or having suffered a prior convic-
tion) have been found true (or admitted), there is no justification for
thereafter dismissing the case or striking part of the admitted or
adjudicated findings. If the findings are the result of error, there are
ample methods of correcting the error. But where no error has oc-
curred, the consequences of having been convicted of the crime should
not be set aside except through the process of the pardoning power in
the Governor, Similarly, the consequences which flow from the exist-
ence of certain facts which have been alleged and proved (for example,
prior convictions) should not be avoided. If judges disagree with the
wisdom of increased penalties for recidivists, they should direct their
comments to the Legislature rather than subvert the law by treating
a recidivist as though he were a first-time offender.
The third change made by the amendment would be to provide the
equivalent of a nonsuit in a civil action to a defendant in a criminal
action. At present there is no such motion in California. Thus if the
defendant now believes that the evidence is insufficient to sustain a
conviction, he must at his own risk decide whether to present a defense
or rest at the conclusion of the prosecution's case. There is no logical
reason why a case should not be dismissed if the evidence is insufficient
to sustain a conviction after the close of the prosecution's case. Conse-
quently, the proposed amendment permits the court to grant a motion
for dismissal made by defendant at any time after the prosecution has
rested. The only ground on which such a motion for dismissal could
be made, however, is that the evidence is insufficient to sustain a con-
viction.
SUMMARY
This measure is aimed at eliminating the "fixing" of cases — par-
ticularly traffic cases — by judges. It will insure a disposition of the
case on the merits unless the prosecutor himself, for a reason persuasive
to the judge, desires that the ease be dismissed before its normal con-
clusion. It will give to the defendant the right to have a case dismissed
when the prosecutor has failed to meet his burden of proof. Finally,
it will eliminate the current practice of dismissing all or a part of the
case because a particular judge is not in agreement with the penalties
provided by the Legislature for certain offenses.
This measure has the active support of the State Bar of California
and other interested organizations.
Roy a. Gustafson
District Attorney
Ventura County Courthouse
Ventura, California
March 19, 1959
printed in California state printing office
L-4828 6-59 2M
LIST OF LEGISUTIVE ADVOCATES
AND ORGANIZATIONS
1959
Published by the
SENATE AND ASSEMBLY OF THE STATE OF CALIFORNIA
SPECIAL COMMITTEES ON LEGISLATIVE REPRESENTATION
ASSEMBLY COMMITTEE SENATE COMMITTEE
MYRON H. FREW, Chairman HUGO FISHER, Chairman
CHARLES H. WILSON, Vice Chairman STANLEY ARNOLD, Vice Chairman
CARLOS BEE DONALD L. GRUNSKY
CHARLES EDWARD CHAPEL JAMES J. McBRIDE
WALTER I. DAHL JOHN A. MURDY, JR.
RALPH N. KLEPS, Legislafive Counsel
A. ALAN POST, Legislative Analyst
April 25, 1959
It should be noted that in most instances two ad-
dresses for the advocate is listed, the first representing
the address used while staying in Sacramento, the
other his home or business address. Needless to say,
the first address is subject to change.
Supplementary lists will be issued from time to
time in order to keep the booklet as current as
possible.
Senate and Assembly Special Committees
ON Legislative Representation
(2)
LEGISLATIVE ADVOCATES
ABNEY, HERMON F., El Mirador Hotel, Sacramento
Los Angeles Fire and Police Protective League
257 S. Spring St., Rm. 514, Los Angeles 12
ACTON, WILLIAM B., 210 Post St., San Francisco 8
Liquor Stores and Taverns Association
ALBERTONI, A. E., Senator Hotel, Sacramento
Federated Fire Fighters of California
1026 E. Angeleno St., Burbank
ALBRECHT. EUGENE L.. SR., 1320 N St., Apt. 201, Sacramento
California State Firemen's Association, Inc.
P. O. Box 1256, Santa Ana
ALLEN, BRUCE F., 926 J. Bldg., Sacramento
Redevelopment Agency of the City of Sacramento
600 California Fruit Bldg., Sacramento 14
ALLEN, HOWARD P., El Mirador Hotel, Sacramento
Southern California Edison Company
P. O. Box 351, Los Angeles
ALVIN, CASS D., El Mirador Hotel, Sacramento
United Steelworkers of America
117 W. Ninth St., Los Angeles
AMADOR. RICHARD S., Senator Hotel, Sacramento
California Teamsters Legislative Council
89 Dean Rd., Sacramento
ANDERSON. ALAN G., Sutter Club, Sacramento
Municipal License Tax Association
Private Truck Owners Bureau of California
1625 Russ Bldg., San Francisco
ANDERSON, CARL, El Mirador Hotel, Sacramento
Association of Northern California Loggers
3408 Jacobs Ave., Eureka
ANDERSON, CARL A., 464 Clementina St., San Francisco 3
Heidelberg Pacific, Inc.
ANDERSON, T. D., 112 Market St., Rm. 607, San Francisco 11
Employment Agencies Association of Northern California
H. Moffatt Company
Union Sheep Company
James Allan & Sons
Del Monte Meat Company
Union Products Corporation
Wm. Taffe & Co., Inc.
ANDERSON, VIRGIL P., Senator Hotel, Sacramento
California State Automobile Association
150 Van Ness Ave., San Francisco
ANDREWS, WILLIAM S., El Mirador Hotel, Sacramento
California Electric Power Company
Pacific Gas & Electric Company
San Diego Gas & Electric Company
3099 Telegraph Ave., Berkeley
ARCHIBALD, A. L., Land Hotel, Sacramento
California Council of the Blind, Inc.
2490 Channing Way, Berkeley
ARNOLD, LEWIS E., Senator Hotel, Sacramento
City of Los Angeles, Bureau of Engineering
600 City Hall, Los Angeles
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LEGISLATIVE ADVOCATES AND ORGANIZATIONS
BOWLER, EDWIN THOMAS, Senator Hotel, Sacramento
Los Angeles Metropolitan Transit Authority
1060 S. Broadway, Los Angeles 15
BOYD, S. CHARLES, El Mirador Hotel, Sacramento
Santa Clara County Farm Bureau
19530 Stevens Creek Rd., Cupertino
BRAMKAMP, LYNN, 925 Forum Bldg., Sacramento
California Milk Producers Federation
BRANCO, JOE, 1617 Tenth St., Sacramento
Western Dairymen's Association
Rm. 25, Thorington Bldg., Merced
BRANDON, EVERETT P., 690 Market St., San Francisco
National Association for the Advancement of Colored People
BRANSTETTER, AVANDA G., Chandler Field, Fresno 6
Agricultural Aircraft Association, Inc.
BRENNAN, RAYMOND L., Senator Hotel Sacramento
Interment Association of California
417 So. Hill, Los Angeles 13
BRENT, GEORGE, Senator Hotel, Sacramento
California Federation of Service Stations
4711 Crenshaw Blvd., Los Angeles
BREYER, IRVING G., 135 Van Ness Avenue, San Francisco
San Francisco Board of Education
BROADERS, HALDEN C, 1200 K St., Sacramento
Bank of America National Trust & Savings Association
3620 San Ysidro Way, Sacramento
BROMLEY, ELMER P., El Mirador Hotel, Sacramento
Southern California Edison Co.
P. G. & E., San Francisco
California-Oregon Power Co.
Southern California Gas Co., liOS Angeles
Southern Counties Gas Co., Los Angeles
California Electric Power Co., Riverside
San Diego Gas & Electric Co., San Diego
3946 Wilshire Blvd., Los Angeles
BROWN, EDWARD A., 1754 Bidwell Way, Sacramento
California Trailer Park Association
4459 Avocado St., Los Angeles 27
BROWN, ROBERT C, Rm. 1301, 926 J Bldg., Sacramento 14
California Taxpayers' Association
8941 Talisman Dr., Sacramento
BRUMBAUGH, CAPTAIN CAL F., 1213 H Street, Sacramento
California Association of Highway Patrolmen
P. O. Box 111, Bridgeport
BRUNS, WALTER E., El Mirador Hotel, Sacramento
Bank of America N. T. & S. A.
300 Montgomery St., San Francisco
BRYANT, MRS. ARDIS, 1815 Garden Street, Santa Barbara
American Association of University Women
BULLOCK, R. J., 1020 9th Street, Sacramento
California Association of Collectors, Inc.
BURNS, DONALD CARLTON, Senator Hotel, Sacramento
California State Association of Life Underwriters
41 Sutter St., San Francisco 4
BURROW, TREV A., Senator Hotel, Sacramento
California Association of Insurance Agents
OflSce Suite A, Hotel Claremont, Berkeley 5
BUTLER, MONROE, 550 South Flower St., Los Angeles 17
The Superior Oil Company
Artists Managers Guild
6 LEGISLATIVE ADVOCATES AND ORGANIZATIONS
CALLAGHAN, JOHN. 1307 Teneighth ^^•:l.v, SacraniPiito
California Forest Protective Assn.
681 Market St., San Francisco 5
CALLAHAN. MICHAEL R., Senator Hotel, Sacramento , ,, , „ .
California State Council of Culinary Works, Bartenders and Hotel Service
Employees
324 E. 4th St., Long Beach
CAMPBELL, MRS. GAYE, Senator Motel, Sacramento
California State Association of Journeymen Barbers, Hairdressers,
Cosmetologists, Masseurs and Proprietors
108 W. 6th St., Los Angeles
CANNON, VERN H., Hotel Senator, Sacramento
California Teamsters Legislative Council
25 Taylor St., San Francisco 2
CAPLES, R. A., 2525 Stockton Blvd., Sacramento
Building and Construction Trades Council Sacramento & Yolo Counties
State Building & Construction Trades Council of California
CARMICHAEL, LESTER H., 2758 Eastern Ave., Sacramento 21
Brotherhood of Railroad Signalmen of America
219 West Seventh St., Los Angeles 14
CARPENTER, RICHARD, Hotel Senator, Sacramento
League of California Cities
Hotel Claremont, Berkeley 5
CARPENTER, WILLIAM E., 611 Elks Bldg., Sacramento
County of Alameda
CARR, FRANCIS J., El Mirador Hotel, Sacramento
Pacific Gas & Electric Co.
245 Market St., San Francisco
CARR, JAMES K., P. O. Box 2391, Sacramento
Sacramento Municipal Utility District
2101 K St., Sacramento
CARRY, CHARLES R., Ferry Bldg., Terminal Island
California Fish Canners Association, Inc.
CARSON, WILLIAM C, P. O. Box 800, Modesto
Travel Trailer Clubs of America, Inc.
CASHION, MRS. VALERIE V., 248 Del Mar, San Mateo
American Association of University Women
CASTIGLIONE, FRANK W., 3091 Wilshire Blvd., Los Angeles
Western Growers Association
CASTOR, MRS. HENRY, 120 So. Euclid Ave., Pasadena
League of Women Voters of California
CHADWICK, JOHN E., 1400 S St., Sacramento
Associated General Contractors of America, Inc.
850 Battery St., San Francisco 11
CHANDLER, CONNIE CLARA, Senator Hotel, Sacramento
Liberty League
20342 E. Chapman Ave., Rt. 1, Orange
CHANDLER, LAURENCE, Rm. 7, 302-B South Brand Blvd., Glendale 4
California Loan & Finance Association
CHESHIRE, HARRY V., Jr., Senator Hotel, Sacramento
Automobile Club of Southern California
Interinsurance Exchange of the Automobile Club of So. California
2601 S. Figueroa St., Los Angeles
CHILDERS, ALONZO, 1325 15th St., Sacramento
California Institute of Social Welfare
1031 So. Grand Ave., Los Angeles 15
CHRISTENSBN, BRUNEL, 1400 10th St., Likely
California Cattlemen's Association
659 Monadnock Bldg., San Francisco 5
LEGISLATIVE ADVOCATES AND ORGANIZATIONS
CLAR, MRS. EVELYN M., 1681 Parkmead Way, Sacramento
League of Women Voters of California
120 So. Euclid, Pasadena
CLARK, ROBERT, El Mirador Hotel, Sacramento
United Steelworkers of America
117 West Ninth Street, Los Angeles
CLATPOOL, LESLIE E., Senator Hotel, Sacramento
City of Los Angeles
Mayor's Office, City Hall, Los Angeles 12
CLEARY, DONALD W., Senator Hotel, Sacramento
San Francisco City & County
City Hall, San Francisco 2
CLEWS, BRUCE, Senator Hotel, Sacramento
Automobile Dealers Ass'n. of California, Inc.
4610 Crenshaw Blvd., Los Angeles 43
CLOPTON, MORT L., 639 So. Spring St., Los Angeles 14
California Manufacturer's Association
COHN, ROBERT H., EI Mirador Hotel, Sacramento
West Coast Shows. Inc.
9~) Palisades Dr.. Daly City
COLWELL, MRS. MAX. 322 W. 21st St., Los Angeles
Californi.i Congress of Parents and Teachers
3333 Yorkshire Rd.. Pasadena
CONACHAN. .TAMES A., 3!i4 21st St.. Oakland 12
Alameda County Milk Dealers Association
CONN. ZEL, Senator Hotel. Sacramento
American Building Contractors Ass'n.. Inc.
American Institute of Building Desicn
National Ove'-head Door Association, Inc.
9034 Sunset Blvd.. Los Angeles 46
CONNER. ELBERT S., Sutter Club, Sacramento
Society of California Accountants
903 State St.. Santa Barbara
CONNERS. .TAMES M.. Tfm. 200. 989 Market St., San Francisco
Board of Trade of San Francisco
CONSIGLTO. THOMAS, El Mir.idor Hotel, Sacramento
T^nited Steel Workers of America
2780 E. Gage Ave.. Huntington Park
COOK. GEOFFREY, El Mirador Hotel, Sacramento
Southern California Edison Company
P. O. Box 351. Los Angeles 53
COOK. ROBERT .T.. 927 10th St.. Suite .311. Financial Bldg.. Sacramento
California Federation of Service Stations
4711 Cren.shaw Blvd.. IjOS Angeles 43
COOPER. VINCENT T., 500 Elks Bldg.. Sacramento
County Supervisors Association of California
CORAM. PAUL S.. P. O. Box 53. Riverside
Dairymens Service Association
CORSON, E. O.. 1011 Heinz Ave., Berkeley 10
Agricultural Pest Control Association, Inc.
CRAIG, EDWARD, Senator Hotel, Sacramento
Pacific Lighting Gas Supply Co.
810 S. Flower St., Los Angeles 17
CRALLE. ROBERT E.. Senator Hotel, Sacramento
California A.ssociation of School Administrators
.35 N. Raymond Ave., Pasadena 1
CREA(;H, MERRICK W., 1100 26th St., Bakersfield
Kern County Board of Supervisors
8 LEGISLATIVE ADVOCATES AND ORGANIZATIONS
CREEDON, DANIEL J., El Mirador Hotel, Sacramento
Malt Beverage Industry
151 Second Ave., San Mateo
CREIGHTON, ROBERT C, Senator Hotel, Sacramento
City of Long Beach
Rm'. 303 City Hall, Long Beach 2
DALLIMORE, HOWARD S., 601 California Ave., Rm. 5, Bakersfield
Kern County Employees Association
League of County Employees Associations, Inc.
DAVID, NINA v.. Senator Hotel, Sacramento
California Federation of Service Stations
4711 Crenshaw Blvd., Los Angeles
DAVIS, ALAN E., Forum Bldg., Sacramento
California Manufacturers Association
403 W. Eighth St., Los Angeles 14
DAVIS, BYRON H., Regis Hotel, Sacramento
Railroad Shopcrafts Legislative Committee of California
The American Railway Supervisors Association
Sheet Metal Workers' International Association
International Association of Machinists
International Brotherhood of Firemen & Oilers
International Brotherhood of Boilermakers, Iron Shipbuilders,
Blacksmiths, Forgers, & Helpers
Brotherhood of Railway Carmen of America
5332 Abbott Place, Ix)s' Angeles 42
DAVIS, EDWARD M., El Mirador Hotel, Sacramento
Los Angeles Fire & Police Protective League
257 S. Spring St.. Ix)s Angeles 12
DAVIS, HERP.ERT C, El Mirador Hotel, Sacramento
California Fish Canners Association
Ferry Building, Terminal Island
DAVIS, J. ALLEN, Senator Hotel, Sacramento
Automobile Club of Southern California
Interinsurance Exchange of the Automobile Club of Southern Calif.
2601 S. Figueroa, Los Angeles
DAVIS, NEILL, El Mirador Hotel, Sacramento
California Savings & Loan League
P. O. Box 344-M, Pasadena
DAVIS, SHERROD STONE, 307 B Street, P. O. Box 152, San Mateo
Kirkbride, Wilsun, Ilarzfcld & Wallace
P. O. Box 152. San Mateo
DEAN. J. M.. 2351 W. Third St.. Los Angeles 57
Building ^laterial Dealers Credit Association
1)EAVP:RS, BRYAN 1'., El Mirador Hotel, Sacramento
State Building & Construction Trades Council of ("alil'ornia
10J)5 Market St.. San Francisco 3
DEL GFERCKX RICHARD A.. 603 Elks Bldg., Sacramento
Los Angeles County Board of Supervisors
1100 Hall of Records, Los Angeles 12
DESCH, FRED J., Senator Hotel, Sacramento
Trailer Coach Association
607 S. Hobart Blvd.. Los Angeles 5
DIAMOND, NOEL A., 1735 Yosemite Blvd., Modesto
Centra] Valley Milk Marketing Association
DIBIASI, NATE. (!00 Fourth Ave., Broderick
Northern California District Council ILWU
DICARO, LAWRENCE B.. 3716 J St.. Sacramento
Ass()( iated Master Barbers & Beauticians of California
;H2,S Santa Monica Blvd.. Beverly Hills
DICK, J. EDGAR, 1400 10th St., Sacramento
California Cattlemen's Association
659 Monadnock Bldg., San Francisco 5
LEGISLATIVE ADVOCATES AND ORGANIZATIONS
DIEFFENBACHER, JOSEPH R., Senator Hotel, Sacramento
California Grocers Association
Pacific States Cold Storage Warehousemen's Association
California Warehousemen's Association
California Association of Ice Industries
1051 34th St., Sacramento
DIFANI, GEORGE D., 6816 Stanley Ave., Carmiehael
Salmon Unlimited
P. O. Box 878, Fort Bragg
DINKELSPIEL, JOHN WALTON, 405 Montgomery St., San Francisco
California State Sheriff's Association
DINKELSPIEL, MARTIN J., 405 Montgomery St., San Francisco
California State Sheriff's Association
DINKELSPIEL, RICHARD, 405 Montgomery St., San Francisco
California State Sheriff's Association
DONOHUE, ROBERT B., 717 Market St., San Francisco
California Association of Industrial Loan Companies
DOYLE, DONALD D., Sutter Club, Sacramento
The Pharmaceutical Institute
1404 Franklin St., Oakland 12
DRAPER, W. MARVIN, JR., 5464 Foothill Blvd., Oakland 1
California Credit Union League
DUDLEY, ARTHUR S., 549 Southgate Rd., Sacramento
Western Tax Council, Inc.
38 S. Dearborn St., Chicago, 111.
DUNN, GORDON G., 735 Industrial Way, San Carlos
Engineering and Grading Contractors Association
DURBROW, ROBERT T., Senator Hotel, Sacramento
Irrigation Districts Association of California
945 Pacific Bldg., San Francisco
EAGLETON, C. M., P. O. Box 346, Williams
Highway Business League
EBERHARD, RAY C, Senator Hotel, Sacramento
Affiliated Teacher Organizations of Los Angeles
California Municipal Utilities Association
215 W. Seventh St., Los Angeles 14
EDWARDS, R. J., Park Mansions Apt., 15th and N St., Sacramento
California Marine Parks and Harbors Association
1765 Bayshore Blvd., Redwood City
EKLUND, NILS O., JR., Sutter Club, Sacramento
Kaiser Industries Corporation
Willys Motors, Inc.
Willys Sales Corporation
Henry J. Kaiser Company
Foothill Electric Corporation
Kaiser Aluminum & Chemical Corporation
Permanente Cement Co.
Kaiser Gypsum Company
Permanente Trucking
Henry J. Kaiser Construction Co.
Iron Queen Mining Co.
Kaiser Steel Corporation
Kaiser Foundation Health Plan, Inc.
Kaiser Aluminum & Chemical Sales, Inc.
Permanente Steamship Corporation
1924 Broadway, Oakland
ELDRED, RICHARD C. (Judge), Senator Hotel, Sacramento
Judges, Marshals and Constables Association of California
City Hall, Pacific Grove
ELLIOT, JESSE H., Crest Theatre, Sacramento
Fox West Coast Theatres Corp.
1837 S. Vermont, Los Angeles 54
10 LEGISLATIVE ADVOCATES AND ORGANIZATIONS
ELLIS, DAVID A., 910 19th St., Sacramento
Independent Garage Owners of California, Inc.
2725 E. Randolph St., Huntington Park
ELLIS, WILLIAM V., Hotel Californian, Sacramento
Brotherhood of Locomotive Firemen and Enginemen
Railroad Brotherhoods California Legislative Board
951 Pacific Bldg., San Francisco 3
EPLEY, GARLAN, P. O. Box 389, Marysville
California Association of Collectors, Inc.
EVANS, JAMES A., El Mirador Hotel, Sacramento
California Institute of Social Welfare
1031 S. Grand Ave., Los Angeles 15
FARLEY, GOSCOE O., El Mirador Hotel, Sacramento
State Bar of California
2007 Central Tower, San Francisco 3
FARR, MISS MARION, 2024^ Ocean Park Blvd., Santa Monica
American Association of University Women (California State Division)
FASSETT, WESTON W., 3949 E. Pacific Ave., Sacramento
Retired State Government Employees' Association of California
FEE, RUFUS S., Senator Hotel, Sacramento
Metropolitan Water District of Southern California
306 W. Third St., Los Angeles
FEINBERG, GEORGE, 1315 K St., Sacramento 14
California State Employees' Association
FEITEN, FRED C, Senator Hotel, Sacramento
California Motel Association
4645 Van Nuys Blvd., Sherman Oaks
FENSEL, ALDEN C, 350 Bush St., San Francisco
California State Chamber of Commerce (Agriculture and Industry)
FERRIS, MELTON, Sutter Club, Sacramento
American Institute of Architects California Council
916 Kearney St., San Francisco
FILLERUP, O. W., Senator Hotel, Sacramento
California Trucking Associations, Inc.
3301 S. Grand Ave., Los Angeles 7
FINELL, MARVIN, 118 S. Beverly Dr., Beverly Hills
California Association of Chiropodists, Inc.
FINKS, HARRY, 2210 H St., Sacramento
California Labor Federation (AFL-CIO)
995 Market St., San Francisco
FISCHER, FRED H., 257 S. Spring St., Rm. 540, Los Angeles 12
Credit Union Employees Association
FitzSIMMONS, EDWARD R., El Mirador Hotel, Sacramento
General Petroleum Corporation
330 W. 20th Ave., San Mateo
FLETCHER, JOHN R., 1326 N St., Apt. 37, Sacramento
California Council of the Blind
2341 Cortez Lane, Sacramento 25
FLEURY, GORDON A., 926 J Bldg., Sacramento 14
Referees of the Industrial Accident Commission (Association of)
501 State Bldg., Los Angeles 12
FLUHARTY, JESSE E., Forum Bldg., Sacramento
California Association of Recreation and Park Districts
P. O. Box 338, Norwalk
FORAN, JOHN FRANCIS, Senator Hotel, Sacramento
Farmers Underwriters Association
4680 Wilshire Blvd., Los Angeles 5
FORBES, E. F., 604 Mission St., San Francisco 5
Western States Meat Packers Association, Inc.
LEGISLATIVE ADVOCATES AND ORGANIZATIONS 11
FORT, ROBERT O., 1020 Eighth St., Sacramento
Peace OflBcers Association of California
California State Sheriff's Association
FOSSETTE, CARL, Senator Hotel, Sacramento
West Basin Water Association
1233 Hermosa Ave., Hermosa Beach
FOSTER, SYDNEY H., 9809 MacArthur Blvd., Oakland 5
First National Spirit of Freedom Crusade
FRASER. JOHN, Senator Hotel, Sacramento
Public Health League of California
530 Powell St., San Francisco
GAEDE, MRS. GRACE T., Senator Hotel, Sacramento
California School Boards Association
Box 891, Long Beach
GARDNER, HOWARD, Senator Hotel, Sacramento
League of California Cities
Hotel Claremont, Berkeley 5
GARDNER, JAMES N., 4124 22d St., Sacramento
California Retired Teachers Association
GARIBALDI, JAMES D., Senator Hotel, Sacramento
Hollywood Turf Club
Del Mar Turf Club
California Beverage Distributors Association
Pacific Outdoor Advertising Co.
California Association of Highway Patrolmen
510 W. Sixth St., Los Angeles 14
GARLAND, GORDON H., Senator Hotel, Sacramento
California Water Development Council
Salyer Land Company
Peoples Ditch Company
Last Chance Water Ditch Company
Lemoore Canal & Irrigation Company
GARROD, RALPH VINCE, El Mirador Hotel, Sacramento
Farmers Underwriters Association
California Farmers, Inc.
4680 Wilshire Blvd., Los Angeles 54
GARROD, RICHARD R., El Mirador Hotel, Sacramento
Farmers Underwriters Association
4680 Wilshire Blvd., Los Angeles 54
GELBER, LOUISE C, 112 Lexington Ave., El Monte
California Federation of Business and Professional Women
112 Lexington Ave., El Monte
GENSER, JOSEPH, 340 11th St.. Richmond
California State Federation of Teachers
GIAMMUGNANI, TES L., 4601 H St., Sacramento
California Rental Owners Association
5406 Edgewood PL, Los Angeles 19
GIBBENS, C. M., Regis Hotel, Sacramento
Brotherhood Railway Carmen of America
3800 Roderick Rd., Los Angeles 65
GIBBS, CHARLES E., 25 California St., Rm, 246, San Francisco 11
Associated Farmers of California, Inc.
GILCHRIST, JOHN PARKER, 16th and N Sts., Sacramento
Northern California Seafood Institute
Collateral Loan Association
Salmon Unlimited
Frozen Desserts Co.
2677 Larkin St., San Francisco
12 LEGISLATIVE ADVOCATES AND ORGANIZATIONS
GILL, JOSEPH C, 727 W. Seventh, Los Angeles 17
County Sanitation Districts of Los Angeles County
Southeast Recreation & Park District
Norwalk Hospital District
California Association of Recreation & Park Districts
GILLISS, WILLIAM E., Senator Hotel, Sacramento
California Association of Timber Truckers
American Institute of Architects, California Council
Chiropractic Institute of California
Central Valley Thoroughbred Breeders Committee
916 Kearny St., San Francisco
GILMAN, DON E., 530 W. Sixth St., Los Angeles 14
Kelco Company
GILMORE, JOHN F., 1400 10th St., Sacramento
California Hay, Grain & Feed Dealers Association
GLADE, J. RICHARD, 803 Eleventh and L Bldg., Sacramento
Inter-Association Unemployment Insurance Committee
GLASS, MARGARET M., El Rancho Hotel, Sacramento
Challenge Cream & Butter Association
929 E. Second St., Los Angeles 12
GODDARD, MERLE J., Senator Hotel, Sacramento
California Grocers Association
870 Market St., San Francisco 2
GOFOURTH, JAMES D., 350 Bush St., San Francisco 4
California State Chamber of Commerce
GOODRICH, MRS. PATTERSON, 8721 Sunset Plaza Ter., Los Angeles 46
American Association of University Women
GOSLOW, MRS. ROBERT H., 16037 Miami Way, Pacific Palisades
American Association of University Women
GOSS, WILLIAM R., 217 South Hill St., Los Angeles 12
California Firechiefs Association (Northern Division)
GREENBERG, MAXWELL E., 3540 Wilshire Blvd., Los Angeles 5
Lenders' Service Corporation
GREGORY, PHILIP J., El Mirador, Sacramento
California Bankers Association
Investment Bankers Association of America
California Mortgage Bankers Association
275 Bush St., San Francisco 4
GRIGGS, ROSCOE W., 1109 Ninth St., Sacramento
Western Union Telegraph Company
505 Leader Ave., Sacramento
GROEZINGER, LELAND B., Senator Hotel, Sacramento
American Mutual Alliance
California County Mutual Insurance Association
Life Insurance Association of America
Occidental Life Insurance Company
Pacific Mutual Life Insurance Company
The Sperry & Hutchinson Company
400 Montgomery St., San Francisco
GUY, ARTHUR D., JR., 202 S. Hamilton Dr., Beverly Hills
Fountain Freezer Association
HADELER, WILLIAM D., Senator Hotel, Sacramento
California Grocers Association
879 Market St., San Francisco 2
HAGGERTY, C. J., 995 Market St., San Francisco
California Labor Federation AFL-CIO
HAGGERTY, GERALD P., El Mirador Hotel, Sacramento
California Grocers Association
Flood Building, San Francisco
LE(5ISLATIVE ADVOCATES AND ORGANIZATIONS 13
HALSTEAD, JACK L., El Mirador Hotel, Sacramento
Los Angeles Fire & Police Protective League
257 S. Spring St., Los Angeles 12
HAMMELL, IRVING E., 2811 Capitol Ave., Sacramento
Allied Printing Trades Legislative Committee
1012 Meredith Dr., Bakersfield
HAMMETT, F. G., 1109 Ninth St., Sacramento
Western Union Telegraph Company
HANLEY, ROBERT E., 1400 10th St., Sacramento
California Farm Bureau Federation
2223 Fulton St., Berkeley
HANNEGAN, JOHN J., Forum Bldg., Sacramento
Farmers Underwriters Association
4680 Wilshire Blvd., Los Angeles
HANSON, CHESTER G., Senator Hotel, Sacramento
Metropolitan Water District of Southern California
306 W. Third St., Los Angeles 13
HANSON, DONALD E., 235 Broadway, San Diego 1
San Diego Transit System
HANSON, S. G., 1315 K St., Sacramento
California State Employees' Association
HARDINGE, FRANKLIN, JR., P. O. Box 344-M (1444 Wentworth), Pasadena
California Savings & Loan League
HARLEY, JAMES A., 820 Main St., P. O. Box 222, Martinez
Contra Costa County Employees Association
League of County Employee Associations, Inc.
HARRIS, HOMER A., 704 Market Court, Los Angeles 21
Associated Produce Dealers & Brokers of Los Angeles
HARRIS, THOMAS LEONARD, Rm. 308, Senator Hotel, Sacramento
California Teamsters Legislative Council
1079 57th St., Sacramento
HART, FRED J., 2454 Van Ness Ave., San Francisco 9
National Health Federation
HAYES, BARBARA LANG, El Mirador Hotel, Sacramento
American Association of University Women
307 Mission Avenue, Oceanside
HAYWOOD, ROY, 1503 10th St., Sacramento
Associated Master Barbers and Beauticians of California
9428 Santa Monica Blvd., Beverly Hills
HEALEY, LESTER,. El Mirador Hotel, Sacramento
California Electric Power Company
2885 Foothill Blvd., San Bernardino
HELD, OWEN H., El Mirador Hotel, Sacramento
Los Angeles Fire & Police Protective League
California State Firemen's Association
257 S. Spring St., Los Angeles 12
HENDERSON, WILLON A., El Mirador Hotel, Sacramento
General Petroleum Corporation
612 S. Flower St., Los Angeles
HENRY, DONALD K., 1320 N St., Sacramento
California State Federation of Teachers (AFL-CIO)
1804 Curtis St., Berkeley
HIBBERT, MAURICE E., 727 W. Seventh St., Los Angeles 17
Challenge Cream & Butter Association
929 E. Second St., Los Angeles 12
HISLOP, JOHN K., 350 Bush St., San Francisco
California State Chamber of Commerce
14 LEGISLATIVE ADVOCATES AND ORGANIZATIONS
HOFFMAN, VERNE W., Park Mansions, Sacramento
California Correctional OflScers Association
California Wild Life Federation
Rt. 1, Box 200, Acampo, Calif.
HOLMES, CARL M., 1414 K St., Sacramento
Pacific Telephone & Telegraph Company
HOWE, LESLIE D., Rm. 1301, 926 J Bldg., Sacramento 14
California Taxpayers' Association
750 Pacific Electric Bldg., Los Angeles 14
HUBBARD, LESLIE V., Jr., 925 Forum Bldg., Sacramento
California Milk Producers Federation
HUFFMAN, MRS. ROBERT, 548 Tuolumne Place, Stockton 4
American Association of University Women, Calif. State Division
HUKILL, BROOKE, 8315 S. Rosemead Blvd., Pico Rivera
Dairy Information Service
ISAKSEN, MARVEY C, Senator Motel, West Sacramento
California State Association of Journeymen Barbers, Hairdressers,
Cosmetologists, Masseurs and Proprietors
855 Valencia St., San Francisco 10
ISSEL, GEORGE, Park Hotel, Sacramento
Fish Cannery Workers & Fishermen's Union of the Pacific, San Francisco &
Moss Landing Bay Areas
467 12th St., Richmond
JACKSON, EDWARD N., 703 Market St., San Francisco 3
California Association of Collectors, Inc.
JAMES, LEONARD G., 310 Sansome St., San Francisco 4
California Marine Parks and Harbors Association
JENKINS, THOMAS M., Senator Hotel, Sacramento
North Coast County Water District
593 Market St., San Francisco 5
JENNER, KENNETH E., 2650 Russell St., Berkeley
California Landscape Contractors Association, Inc.
JESKE, HOWARD L., 2020 L St., Sacramento
California-Western States Life Insurance Company
JOHNS, ALGER H., 1545 N. Verdugo Rd., P. O. Box 146, Glendale
Pacific Union Conference of Seventh-Day Adventists
JOHNSEN, RICHARD, Jr., 1400 10th St., Sacramento 14
Agricultural Council of California
JOHNSON, MICHAEL P., 600 Fourth St., Sacramento
Northern California District Council ILWU
150 Golden Gate Avenue, San Francisco
JOHNSON, ROBERTA, Senator Hotel, Sacramento
Fed-Mart Corporation
112 W. Nineth St., Los Angeles 15
JONES, ROBERT H., 821 Market St., San Francisco
California Association of Collectors, Inc.
JONES, ROBERT W., 1405 E. 22d St., Merced
Order of Repeatermen and Toll Testboardmen, Local 1011 I.B.E.W. A.F.L.-C.I.O.
KADOYAMA, MITSURU, 4334 MacArthur Blvd., Oakland
California Life Insurance Company
KAHN, MAX R., Senator Hotel, Sacramento
Peyser, Jefferson E. — General Counsel, Wine Institute
1616 Mills Tower, San Francisco
KAITZ, WALTER, 2011 Yale St., Sacramento
California Real Estate Association
California Bus Association
California Broadcasters Association, Inc.
Suite 1506, Latham Square Bldg., Oakland 12
LEGISLATIVE ADVOCATES AND ORGANIZATIONS 15
KANELOS, MRS. RENA M., 2523 Broadway, Sacramento
Capitol City Automobile Dealers Association, Inc.
Independent Auto Dealers Council of California
KARLSTAD, OLAF, 6224 43d St., Sacramento
California Association of Barbers & Beauticians
KEATON, MORGAN, Senator Hotel, Sacramento
California Racing Information Association
Farmers & Merchants Council, Inc.
354 S. Spring St., Los Angeles
KBESLING, FRANCIS V., Jr., 605 Market St., San Francisco 5
West Coast Life Insurance Company
605 Market St., San Francisco 5
KEIRN, G. DALE, 110 Elm St., Modesto
California School Employees Association
KELLER, LEWIS, Senator Hotel, Sacramento
League of California Cities
Hotel Claremont, Berkeley 5
KELLY, ANDY, 1833 S. Orange Drive, Los Angeles 19
Ocean Fish Protective Association
KENNEDY, ANTHONY J., 635 Forum Bldg., Sacramento
California State Dental Association
Southern California State Dental Association
California Legislative Council of Professional Engineers
California Association of Dispensing Opticians
California Association of Tobacco Distributors, Inc.
Rm. 817-68 Post St., San Francisco
KENNEDY, HAROLD W., Senator Hotel, Sacramento
Los Angeles County Board of Supervisors
507 Hall of Records, Los Angeles 12
KENNEDY, JOHN R., Elks Bldg., Sacramento
Santa Clara County Board of Supervisors
Rm. 30, Courthouse, San Jose
KENNEDY, VINCENT D., 11th & L Bldg., Sacramento
California Retailers Association
703 Market St., San Francisco
KESSLER, HOWARD E., Senator Hotel, Sacramento
California Trucking Associations, Inc.
KILROY, DR. DAN O., 3300 Third Ave., Sacramento
California Medical Association Committee on Legislation
450 Sutter St., San Francisco
KINGREN, GIBSON, 368 42d St., Oakland 9
Kaiser Foundation Health Plan, Inc.
KLAUS, ARNOLD, 499 W. Broadway, San Diego
San Diego Chamber of Commerce
KNIGHT, T. F., JR., Forum Bldg., Sacramento
California Manufacturers Association
403 W. Eighth St., Los Angeles 14
KNORP, ALBERT F., 4871 Alta Dr., Sacramento
Home Builders Council of California
Roadside Business Association
300 Montgomery St., San Francisco 4
KNOX, PHIL, JR., 1107 Ninth St., Sacramento
California Manufacturers Association
821 Market St., San Francisco
KOZELISKI, FRANK "KAY," 1700 S. Wall St., Los Angeles
Heidelberg Pacific, Inc.
1700 S. Wall St., Los Angeles 15
KRAMER, CALVIN W., 2301 E St., Sacramento
Brotherhood Maintenance of Way Employees
12050 Woodward Ave., Detroit 3, Mich.
16 LEGISLATIVE ADVOCATES AND ORGANIZATIONS
KRAMM, ERNEST G., 1010 25th St., Sacramento
National Electrical Contractors Association
610 Sixteenth St., Oakland
KRONICK, STANLEY W., 926 J Bldg., Sacramento
Placer Ck)unty Water Agency
KRUSE, ALAN P., 46 Kearny St., San Francisco
California Savings & Loan League
LANDELS, EDWAJID D., El Mirador Hotel
California Bankers Association
Investment Bankers of America, California Group
California Mortgage Bankers Association
275 Bush St., San Francisco 4
LANE, JAMES MICHAEL, 2131 University Ave., Berkeley 4
Corporation Unemployment Tax Service
LANGSTAFF, CLARENCE H., Rm. 603, Elks Bldg., Sacramento
Los Angeles County Board of Supervisors
1100 Hall of Records, Los Angeles 12
LARSON, KENNETH DONALD, 1320 N St., Sacramento 14
Los Angeles County Fire Fighters Association No. 1014
6016 E. Olympic Blvd., Los Angeles 22
LAWRENCE, RICHARD J., 900 Forum Bldg., Sacramento
L. A. Walker Company
LAWSEN, MRS. THOMAS E., 4836 Crestwood Way, Sacramento
California Congress of Parents & Teachers, Inc.
Suite 300-322, W. 21st St., Los Ajigeles
LATMON, FRED E., Hotel Senator, Sacramento
Automobile Club of Southern California
Interinsurance Exchange of the Automobile Club of Southern Calfiornia
2601 S. Figueroa St., Los Angeles 54
LEAYEY, H. HAROLD, 2020 L St., Sacramento
California Western States Life Insurance Co.
LECAIN, FRANK, Senator Hotel, Sacramento
California State Association of Journeyman Barbers, Hairdressers, Cosmetologists,
Masseurs and Proprietors
Rm. 202, 108 W. Sixth St., Los Angeles 14
LeFEVRE, ALLAJS^ El Mirador Hotel, Sacramento
Foster and Kleiser Company
1675 Eddy St., San Francisco 19
LeFORS, a. O., Rm. 1301, 926 J Bldg., Sacramento
California Taxpayers' Association
LEONARD, EDMUND D., Senator Hotel, Sacramento
California Self-Insurers Association
114 Sansome St., San Francisco 4
LETSON, ED., P. O. Box 1007, Norwalk
California Association of Collectors, Inc.
LEVECKE, J. NEIL, El Mirador Hotel, Sacramento
Public Finance Company
3670 Wilshire Blvd., Los Angeles 5
LINCOLN, CHESTER C, Park Mansion Apts., Sacramento
Merchants and Manufacturers Association of Los Angeles
725 S. Spring St., Los Angeles
LINDSAY, FRANCIS C, P. O. Box 457, Loomis
South Sutter Water District
California Water Association
11142 Ganey Ave., El Monte
LOHEIT, ROBERT, 3716 J St., Sacramento
Associated Master Barbers and Beauticians of California
9428 Santa Monica Blvd., Beverly Hills
LEGISLATIVE ADVOCATES AND ORGANIZATIONS 17
LONG, E. A., Penobscot Ranch, Cool
Western Hiuness R.icins Association
LONG. JOHN R., 11th and L Rld^., Rni. J40, Sacianiento
California Newspaper I'uhlishers Associalion, Inc.
«ilO S. Main St.. Los An},'eles 14
LONG, STANLEY E., Senator Hotel, Sacramento
Travel Trailer Manufactnrer's, Inc.
2230 El Molino IM., San Marino
LOVE, UAN R., JR., Senator Hotel, Sacramento
Southern Pacific Company
05 Market St., San Francisco
LUTHER, JOHN M., 334 Forum Bldg., Sacramento
California Central Valleys Flood Control Association
LYNCH, JOHN K., Senator Hotel, Sacramento
La Salle Extension University
821 Market St., San Francisco 3
LYON, CHARLES W., Senator Hotel, Sacramento
Southern California Merchants Association
1011 Garland Bldg., Los Angeles
LYON, LEROY E., JR., 11th and L Bldg., Sacramento
California Railroad Association
215 Market St., San Francisco
LYONS, WILLIAM, Senator Hotel, Sacramento
Los Angeles Department of Water and Power (City of)
P. O. Box 3669 Terminal Annex, Los Angeles 54"
MacDOUGALL, AVILLIAM R., 500 Elks Bldg., Sacramento
County Supervisors Asscoiation of California
McADAMS, CHARLES L., Senator Hotel, Sacramento
California State Hotel Association
2975 Wilshire Blvd., Los Angeles 5
McCLUNG, EMMONS, 11th and L Bldg., Sacramento
California Retailers Association
703 Market St., San Francisco
McCLURE, WARREN A., Senator Hotel, Sacramento
North Coast County Water District
P. O. Box 35; Pacifica
Mcdonough, martin, 926 J Bldg., Sacramento
Redevelopment Agency of the City of Sacramento
600 California Fruit Bldg., Sacramento 14
McELHENEY, JOHN W., 1315 K St., Sacramento
California State Employees' Association
McELLIGOTT, PEGGY L., 307 B St., San Mateo
Kirkbride, Wilson, Harzfeld, & Wallace
McFARLAND, JOHN P., Senator Hotel, Sacramento
Industrial Indemnity Company
State Farm Insurance Company
Firemens Fund Insurance Company
National Fraternal Congress of America
National Association of Consumer Organizations
155 Montgomery St., San Francisco 4
McGILVRAY, KENNETH G., 714 Forum Bldg., Sacramento
Building Material Dealers Credit Association
Associated Credit Bureaus of California
Petroleum Equipment Suppliers Association
Credit Managers Association of Southern California
McGINN, HULDA, El Mirador Hotel, Sacramento
Northern California Theatres Association
988 Market St., San Francisco
18 LEGISLATIVE ADVOCATES AND ORGANIZATIONS
McGLYNN, HAROLD J., 1414 K St., Sacramento
Pacific Telephone & Telegraph Company
140 New Montgomery St., San Francisco
McGOWAN, WILLIAM N., 2220 Bancroft Way, Berkeley 4
California Association of Secondary School Administrators
McKAY, ROBERT E., 11th & L Bldg., Sacramento
California Teachers Association
693 Sutter St., San Francisco
McLAIN, GEORGE, Park Mansions Apt., Sacramento
California Institute of Social Welfare
1031 S. Grand Ave., Los Angeles
McLaughlin, FRANCIS M., 605 Elks Bldg., Sacramento
Los Angeles County Board of Supervisors
1100 Hall of Records, Los Angeles 12
McLEAN, WILLIAM J., 1414 K St., Rm. 602, Sacramento
The Pacific Telephone and Telegraph Co.
649 S. Olive St., Los Angeles 14
McLELLAN, RICHARD U., El Mirador Hotel, Sacramento
Los Angeles Fire & Police Protective League
257 S. Spring St., Los Angeles 12
McLENNAN, ALFRED D., El Mirador Hotel, Sacramento
Atchison, Topeka & Santa Fe Railway Company
121 E. Sixth St., Los Angeles 14
MCMILLAN, E. A., Regis Hotel, Rm. 304, Sacramento
Brotherhood of Railway & Steamship Clerks
914 Oregon St., Bakersfield
McNEIL, DUNCAN J., Senator Hotel, Sacramento
Los Angeles, City of
Rm. 600, City Hall, Los Angeles 12
McWHINNEY, W. C, Senator Hotel, Sacramento
Long Beach, City of
9945 Wheatland Ave., Sunland
MACK, J. D., 1331 T St., Sacramento
Associated Plumbing Contractors of California
Construction Industry Legislative Council
785 Market St., San Francisco
MADIGAN, EUGENE C, Senator Hotel, Sacramento
International Association of Machinists
108 W. Sixth St., Los Angeles 14
MAFFIT, NORMAN H., 604 Mission St., San Francisco 5
Western States Meat Packers Association
MAHLER, THERESA S., Rm. 35, 135 Van Ness Ave., San Francisco
Association for Nursery Education of Northern California
MARCUS, PAUL M., 228 E. Seventh St., Long Beach 13
Long Beach City Employees' Association, Inc.
MARKEY, JAMES S., P. O. Box 1003, Sacramento
Collectors Advisory Council
1633 Beverly Blvd., Los Angeles 26
MARSH, WM. F. & ASSOCIATES, 617 S. Olive, Los Angeles 14
Helen Edwards & Staff Employment
Ocean Fish Protective Association
MARTIN, BEN D., 11th and L Bldg., Rm. 240, Sacramento
California Newspaper Publishers Association
809 Pacific Electric Bldg., San Francisco
MARTIN, THEODORE W., P. O. Box 112, Whittier
State Highway Employees' Association
MATCHAN, DON C, 2454 Van Ness Ave., San Francisco 9
National Health Federation
LEGISLATIVE ADVOCATES AND ORGANIZATIONS 19
MATTHEWS, HAZEN L., 712 Title Insurance Bldg., Los Angeles
California Land Title Association
MAU, CARL F., 374 W. Santa Clara St., San Tose
California Water Service Company
MAZOR, STANLEY, 6206 Bullard Dr., Oakland
California Junior Statesmen of America
MENDEL, WARREN R., 735 Industrial Way, San Carlos
Engineering and Grading Contractors Ass'n., Inc.
MEREDITH, GEORGE P., lltli and L Bldg., Sacramento
East Bay Municipal Utility District
2130 Adeline St., Oakland 23
MERRILL, LOUIS S., 2938 Land Park Drive, Sacramento
Western Fairs Association, Inc.
2500 Stockton Blvd., Sacramento
MERZ, ELMER J., 304 Mitau Bldg., Sacramento
California Association of Nurserymen
MIDDAUGH, A. R., Senator Hotel, Sacramento
San Mateo, County of
Hall of Justice & Records, Redwood City
MIDDLETON, WILLIAM T., 620 W. Sixth St., Los Angeles 17
Trans World Airlines, Inc.
MILLER, BURT W., 11th and L Bldg., Sacramento
California Retailers Association
703 Market St., San Francisco
MILLER, CHARLES J., 926 J Bldg., Suite 611, Sacramento
State Employees Building Corporation
1100 O St., Sacramento
MILLER, HOWARD E., 821 S. Pacific Ave., San Pedro
San Pedro Fisheries Institute
California Fisheries Council
MILLER, LESLIE W., 1331 T St., Sacramento
Construction Industry Legislative Council
California State Builders Exchange
MILLER, WILLIAM L., 217 S. Hill St., Los Angeles 12
California Fire Chief's Association
MINARD, CLAUDE, 11th and L Bldg., Sacramento
California Railroad Association
215 Market St., San Francisco 5
MISURACA, CHARLES V., Rt. 1, Box 191, Dixon
Western Dairymen's Association
Thorington Bldg., Merced
MITCHELL, DONALD A., Forum Bldg., Sacramento
California Chiropractic Association
1630 Pennsylvania Ave., West Sacramento
MITCHELL, G. R., Regis Hotel, Sacramento
Brotherhood of Locomotive Engineers
816 San Fernando Bldg., Los Angeles 13
MOELLER, KENNETH G., El Rancho Hotel, Sacramento
Oakland Chamber of Commerce
1320 Webster St., Oakland 12
MOLNER, DUKE, El Mirador Hotel, Sacramento
United Wholesale Liquor Dealers Association of California
1025 N. Highland Ave., Los Angeles 38
MORAN, R. J., Senator Hotel, Sacramento
American League of Consulting & Applied Psychologists
165 N. La Brea Ave., Los Angeles 36
MORGAN, LEROY H., 317 S. New Ave., Monterey Park
Citizens Committee for Home Rule
20 LEGISLATIVE ADVOCATES AND ORGANIZATIONS
MORRIS, JACK F., El Mirador Hotel, Sacramento
Los Anjreles Fire & Police Protective League
257 S. Spring St., Los Angeles 12
MOSKOVITZ, ADOLPH, Rm. 1014, 926 J Bldg., Sacramento
Placer County Water Agency
MOWER, MRS. JAN, 215 Fourth St., Rodeo
California Boating Council, Inc.
MOYSE, RALPH E., 414 Front St., San Francisco
Wholesale Fruit and Produce Dealers Association of San Francisco
MITLKEY, GEORGE A., Senator Hotel, Sacramento
International Brotherhood of Electrical Workers
910 Central Tower, San Francisco
MULLIN, JACK W., Kaiser Bldg., 1924 Broadway, Oakland
Kaiser Foundation Health Plan, Inc.
Kaiser Aluminum & Cliemical Corporation
Kaiser Industries Corporation
Willys Motors, Inc.
Kaiser Steel Corporation
Henry J. Kaiser Company
Permanente Cement Company
1924 Broadway, Oakland
MUNRO, RUSSELL S., 5329 Caleb Ave., Sacramento
California State Restaurant Association
448 S. Hill St., Los Angeles 13
MURPHY. CLARENCE E., 5464 Foothill Blvd., Oakland 1
California Credit Union League
MURPHY, THOMAS M., Senator Hotel or El Mirador Hotel, Sacramento
Western Air Lines, Inc.
6060 Avion Dr., Los Angeles 45
MURRAY, JAMES, JR., 727 J St., Sacramento
California Barber College Association
124 E. Main St., Stockton
NALL, CARL E., 1304 E. Seventh St., Los Angeles
Pacific Dairy & Poultry Association
NEAL, WILLIAM H., Senator Hotel, Sacramento
Los Angeles, City of
400 City Hall, Los Angeles 12
NEVILLE, JOHN T.. Senator Hotel, Sacramento
Los Angeles, Citv of
400 City Hall, Los Angeles 12
NICKEL. GEORGE D., El Mirador Hotel, Sacramento
Beneficial Management Corporation of America
200 South St., Morristown, N. J., or
1300 Ramona Rd., Arcadia
NIELSEN, ERWIN C, 57 E. Santa Clara St., San Jose
Northern California Mortgage Brokers Association
NIELSEN, ROY J., 309 Bank of America Bldg., Sacramento
California Association of Collectors, Inc.
Sacramento Printing Pressmen and Assistants Union No. 60
NIZETICH, ANTHONY V., Senator Hotel, Sacramento
Fisherman's Co-operative Association
Berth 73, San Pedro
NOLDER, THOMAS A., 500 Elks Bldg., Sacramento
County Supervisors Association of California
NORCROSS, LEE H., D.C., Senator Manor Apts., Sacramento
California Chiropractic Association
2624 W. Sixth St., Los Angeles 57
NOWELL, LOUIS R.. El Mirador Hotel, Sacramento
Los Angeles Fire & Police Protective League
257 S. Spring St., Los Angeles 12
LEGISLATIVE ADVOCATES AND ORGANIZATIONS 21
O'CONOR, JOHN, 607 S. Hobart Blvd., Los Angeles 5
Trailer Coach Association
OLIVER, DAVID V., Senator Hotel, Sacramento
Association of California Insurance Companies
Canners League of California
28 Geary St., San Francisco
OLSEN, S. J., Senator Motel, Sacramento
California State Association of Journeymen Barbers, Hairdressers,
Cosmetologists, Masseurs & Proprietors
1540 San Pablo Ave., Los Angeles 14
OLSHEN, A. C, 605 Market St., San Francisco 5
West Coast Life Insurance Co.
OUGHTON, ALBERT R., 1006 24th St., Sacramento
International Union of Operating Engineers, Stationary Local 89
474 Valencia St., San Francisco
PARK, EDWARD P., Mansion Inn, Sacramento
State Building & Construction Trades Council of California
1095 Market St., San Francisco
PATTEE, W. BURLEIGH, 111 Sutter St., San Francisco 4
The Sperry & Hutchinson Company
PETERSON, LYNN G., Senator Hotel, Sacramento
Pabst Brewing Company
1910 N. Main St., Los Angeles 54
PEYSER, JEFFERSON E., Senator Hotel, Sacramento
Wine Institute
Independent Mortgage Bankers Association
California Housing Council
Suite 1616, Mills Tower, San Francisco 4
PHILLIPS, LLOYD A., 11th and L Bldg., Sacramento
California Railroad Association
PITTS, THOMAS L., Senator Hotel, Sacramento
California Labor Federation AFL-CIO
846 S. Union Ave., Los Angeles
POMEROY, JACK F., 24 California St., San Francisco 11
Lumber Merchants Association of Northern California
24 California St., San Francisco 11
PONTIUS, H. JACKSON, 1409 15th St., Sacramento
California Real Estate Association
117 W. Ninth St., Los Angeles 15
POTl^ORFF, GEORGE B., 11th and L Bldg., Rm. 531, Sacramento
Pan American World Airways
1127 Russ Bldg., San Francisco 4
READ, BEN H., Senator Hotel, Sacramento
Public Health League of California
510 S. Spring St., Los Angeles IS
READ, EUGENE A., Forum Bldg., Sacramento
California Manufacturers Association
403 W. Eighth St., Los Angeles 14
REAGAN, BENNIE C, 315 S. Broadway, Los Angeles
California Check Sellers & Cashers Association
REDWINE, KENT H., El Mirador Hotel, Sacramento
Association of Motion Picture Producers, Inc.
Motion Picture Association of America
Trailer Coach Association
Hollywood Radio and Television Institute
1618 N. Las Palmas Ave., Hollywood 28
REEDER, FAY S., Crest Theater, Sacramento
Fox West Coast Theaters, Corp.
1837 S. Vermont St., Los Angeles
22 LEGISLATIVE ADVOCATES AND ORGANIZATIONS
REYNOLDS, HAROLD G., JR., 1714 Capitol Ave., Sacramento
California State Nurses' Association
185 Post St., San Francisco 8
REYNOLDS, RALPH EDWIN (TED), El Mirador Hotel, Sacramento
California Roadside Council, Inc.
12 Garces Dr., San Francisco 27
RICHARDS, RUSSELL D., 1400 10th St., Sacramento
California Farm Bureau Federation
2223 Fulton St., Berkeley 4
RILEY, ROBERT M., 448 S. Hill St., Los Angeles 13
California State Restaurant Association
ROSE, VERNON L., 371G J St., Sacramento
Associated Master Barbers and Beauticians of California
9428 Santa Monica Blvd., Beverly Hills
ROSS, KENNETH A., JR., El Mirador Hotel, Sacramento
Associated General Contractors, Southern Chapter
3963 Wilshire Blvd., Los Angeles 5
ROSSI, JACK G., 4320 Valmonte Dr., Sacramento 2.")
Associated Farmers of California, Inc.
25 California St., San Francisco 11
ROWLAND, GILFORD G., 537 Forum Bldg., Sacramento
Pacific American Steamship Association
Federated Employers of San Francisco
RUSSELL, BENJAMIN O., Hall of Records, Martinez
Contra Costa County Employees Association
SAJOR, EDMUND C, 1320 Webster St., Oakland 12
Oakland Chamber of Commerce
SALISBURY, E. E., El Mirador Hotel, Sacramento
Public Health League of California
530 Powell St., San Francisco 2
SAMSEL. E. L.. 151 W. Mission St., San Jose
California Association of Dairy & Milk Sanitarians
SAMT'ELS. TOM, 222 S. Second St., San Jose
Building Material Dealers Association
SANTOCONO, GALE, .352 Golden Gate Ave., San Francisco
California Society of Designers, Inc.
SARGENT, ARTHUR M., 681 Market St., San Francisco
California Society of Certified Public Accountants
SCARAMELLA, E. L., P. O. Box 3180, Fresno
Danish Creamery Association
Challenge Cream and Butter Association
SCHOFIELD, W. R., Senator Hotel, Sacramento
California Forest Protective Association
681 Market St., San Francisco 5
SCHUMACHER, THOMAS C, 1325 15th St.. Sacramento
California Osteopathic Association
California Osteopathic Hospital Association
4775 Santa Monica Blvd., Los Angeles 29
SCHUMACHER, THOMAS C. JR.. Senator Hotel. Sacramento
California Trucking Associations, Inc.
3301 S. Grand Ave.. Los Angeles 7
SCULLY, CHARLES P., 995 Market St.. San Franci.sco
California Labor P>deration AFL-CIO
SEEDMAN. GEORGE M.. El Rnucho Hotel. Sacramento
Rowc Service Companv
2620 S. Hill St.. Ix>s Angele.s 7
SHARPE. ROBERT II., ,1.315 K St., Sacramento
California State Employees Association
SHEPHERD. GEORGE M.. 28 N. First St., San Jose 13
California Drycleaners Association, Inc.
LEGISLATIVE ADVOCATES AND ORGANIZATIONS 23
SHERMAN, ROBERT M., 14 W. 41st Ave., San Mateo
California Society of Designers, Inc.
SHERWOOD, CIA'DE (^, 140Q 10th St., Sacramento
California Cattlemen's Association
059 Monadnock Bldg., San Francisco 5
SHIELDS, RANDLE P., Senator Hotel, Sacramento
San Francisco Chamber of Commerce
333 Pine St., San Francisco
SHULTS, ALBERT J., El Mirador Hotel, Sacramento
General Petroleum Corporation
Richfield Oil Corporation
Shell Oil Company
Tidewater Oil Company
Standard Oil Company of Ciiliforuia
lOOS Balfour Bldg., San Francisco 4
SIEGEL, WILLIAM M., .^>(K) Elks Bldg.. Sacramento
County Supervisors Association of California
SILVA, FRANK A., Pacific Bldg., 821 Market St., San Francisco
California Federated Institute, Inc.
SKOLIL, MRS. RUTH HERRON, 5674 Montezuma Rd., San Diego 15
American Association of University Women
SLAFTER, HERBERT A., El Mirador Hotel, Sacramento
Los Angeles Fire & Police Protective League
257 S. Spring St., Los Angeles 12
SMITH, BURCK, Senator Hotel, Sacramento
American Airlines, Inc.
617 S. Olive St., Los Angeles
SMITH, DAVE F., El Mirador Hotel, Sacramento
Motor Car Dealers Association of Southern California
Los Angeles Motor Car Dealers Association
453 S. Spring St., Los Angeles
SMITH, FRED C, 1320 N St., Apt. 202, Sacramento
TjOs Angeles County Fire Fighters Association No. 1014
Federated Fire Fighters of California
6016 E. Olympic Blvd., Los Angeles 22
SMITH, H. A., P. O. Box 2437, Terminal Annex, Los Angeles
Standard Oil Company of California
SMITH, RUSSELL, El Mirador Hotel, Sacramento
Motor Car Dealers Association of Southern California
Los Angeles Motor Car Dealers Association
453 S. Spring St., Los Angeles
SNELL, MRS. ARTHUR J., 801 W. Euclid Ave., Stockton 4
American Association of University Women
SORELL, LEON H., Hearst Bldg., San Francisco 3
Liquor Retailers Association
411 Flood Bldg., San Francisco 2
SPERL, WENZEL S., .5917 North.side Dr., I^os Angeles
Order of Repeatermen and Toll Testboardmen Local 1011
I. B. E. W., A. F. L.-C. I. O.
SPOOR, E. H., 1716 O St., Sacramento
Mountain Counties Water Resources Association
Suite 922, 11th and L Bldg., Sacramento
SPRING, GARDINER W., Jr., 1803 W. Third St., Los Angeles 57
Associated Subcontractors of Southern California, Inc.
STAIGER, WILLIAM B., 1400 10th St., Sacramento
Agricultural Council of California
STALEY, EDWIN J., 693 Sutter St., San Francisco
California Association for Health, Physical Education and Recreation
STEPHENS, JOSEPH H., Mansion Inn, Sacramento
California Public Accountants Association
813 Easton Bldg., Oakland 12
24 LEGISLATIVE ADVOCATES AND ORGANIZATIONS
STETSON, EARL T., 2423 Magnolia St., Oakland
Furst-McNess Company
STEVENS, BERENICE, 3640 Grand Ave., Rm. 207, Oakland 10
California Association of Medical Laboratory Technicians
STEVENS, LAWRENCE C, Senator Hotel, Sacramento
Richfield Oil Corporation
555 S. Flower St., Los Angeles 17
STORFER, GEORGE, 1700 S. Wall, Los Angeles 15
Heidelberg Western Sales Company
STRATHMAN, S. H., 415 Wilshire Bldg., Fullerton
California Equipment Dealers Association
STUCKER, DALE., c/o Western Greyhound Lines, Seventh and L Sts., Sacramento
Greyhound Corporation
371 Market St., San Francisco 5
SULLIVAN, EUGENE J., Senator Hotel, Sacramento
Insurance Brokers Exchange of California
68 Post St., San Francisco
SUPPANCE, RALPH A., 6356 De Longpre Ave., Los Angeles 28
Driving Schools Association of California
SUTHERLAND, WALTER R., 1315 K St., Sacramento
California State Employees' Association
SWAIN, ROY M., O.D., 926 J Bldg., Sacramento
California Optometric Association
209 W. Standley St., Ukiah
SWEENEY, WILLIAM R., 700 Forum Bldg., Sacramento
Industrial Catering and ^lobile Lunch Service Association
639 S. Spring St., Los Angeles
SWEIGERT, WILLIAM THOMAS, 616 Eye St., Sacramento
Association of California Insurance Companies
State Bar of California (The)
Canners League of California
California Association of Public School Business Officials
SWITZER, FRED W., 942 S. La Brea Ave, Los Angeles
Pest Control Operators of California, Inc.
TABER, LLOYD W., 3970 Wilshire Blvd., Los Angeles 5
Southern California Thrift & Loan
TAFT, PERRY H.. Senator Hotel, Sacramento
Association of Casualty & Surety Companies
315 Montgomery St., San Francisco 4
TARNOFF, H. L.. Senator Hotel, Sacramento
California Retail Liquor Dealers Institute
7456 Beverly Blvd., Los Angeles 36
TAYLOR, MAXIME, 655 Sutter St., San Franci.sco 2
A-1 Nurses Registry
TAYLOR, WALLER II, 523 W. Sixth St., Los Angeles 14
American Express Company
TEMPLE, AVILLIAM L., El Mirador Hotel, Sacramento
Malt Beverage Industry
151 Second Ave., San Mateo
TIIIGPEN, W. R., P. O. Box 1974, 400 Post St.. San Francisco
United Air Lines
Air Transport As.sociation of America
THOMAS, TREVOR K., Forum Bldg.. Sac-r.-mn-Mto
Friends Committee on Legislation
1S;{0 Sutter St., San Francisco 15
THOMPSON, .lOIIX A., El Mirador Hotel, Saciaincnto
Los Angeles Fire & Police Protective League
257 S. Spring St., Los Angeles 12
LEGISLATIVE ADVOCATES AND ORGANIZATIONS 25
THURN, ROBERT S., 927 10th St., Sacramento
Southern California Marine Association
TODD, A. RURIC, El Mirador Hotel, Sacramento
Pacific Gas and Electric Co.
245 Market St., San Francisco 6
TRASK, BERT, Senator Hotel, Sacramento
California Trucking Associations, Inc.
3301 S. Grand Ave., Los Angeles
TROOST, FRANK W., 3411^ W. 43d Place, Los Angeles
California Monument Association, Inc.
TRUSTY, L. SHERMAN, El Mirador Hotel, Sacramento
California Barber School Association
117 Colorado Blvd., Pasadena
TURNER, GOURNEY H., El Mirador Hotel, Sacramento
Los Angeles Fire & Police Protective League
257 S. Spring St., Los Angeles
VANDERLIP, LORAN C, 350 Bush St., San Francisco
California State Chamber of Commerce
VAN VLECK, GORDON, 1400 10th St., Sloughhouse
California Cattlemen's Association
659 Monadnock BIdg., San Francisco 5
VIAL, DONALD, Senator Hotel, Sacramento
California Labor Federation, AFL-CIO
VOLK, ROBERT H., 523 W. Sixth St., Los Angeles 14
American Express Company
VOLLMAYER, KARL, Senator Hotel, Sacramento
California Library Association
c/o Richmond Public Library, Richmond
WAKEFIELD, George W., 605 Elks Bldg., Sacramento
Los Angeles County Board of Supervisors
1100 Hall of Records, Los Angeles
WAKEFIELD, HAROLD S., Senator Hotel, Sacramento
Dairy Institute of California
2330 W. Third St., Los Angeles 57
WARD, BERNARD J., Senator Hotel, Sacramento
City and County of San Francisco
City Hall, San Francisco 2
WARD, FREDERICK H., 139 N. Broadway, Los Angeles 12
Los Angeles County Employees Association
League of County Employees Associations
WELLER, FRANK C, El Mirador Hotel, Sacramento
Credit Manager Association of Southern California
111 W. Seventh St., Los Angeles 14
WELTY, EARL M., El Mirador Hotel, Sacramento
Union Oil Company of California
Box 7600 Union Oil Center, Los Angeles 17
WENDT, JOHN R., 11th and L Bldg., Sacramento
California Railroad Association
215 Market St., San Francisco 5
WHITAKER, ALFRED A., 3985 McKinley Blvd., Sacramento
California Beverage Retailers Association
WHITE, LAWRENCE B., Senator Hotel, Sacramento
California School Boards Association
Box 891, Long Beach
WHITE, WILLIAM A., 1107 Ninth St., Sacramento 14
California Council of Civil Engineers and Land Surveyors
WHITMER, HOLLIS J., 2131 University Ave., Berkeley 4
Corporation Unemployment Tax Service
26 LEGISLATIVE ADVOCATES AND ORGANIZATIONS
WICKLIFFE, LEONARD M., California Hotel, Sacramento
Order of Railway Conductors & Brakemen
Railroad Brotherhoods California Legislative Board
14317 Esther Dr., San Jose 24
WILDING, CHARLES H., Forum Bldg., Sacramento
California Manufacturers Association
403 W. Eighth St., Los Angeles 14
WILHELM, R. KEN, 1092 N. First St., San Jose
Santa Clara County Farm Bureau
WILL, ARTHUR J., Senator Hotel, Sacramento
California Portland Cement Company
Monolith Portland Cement Company
Riverside Cement Company
Southwestern Portland Cement Company
Los Angeles Turf Club, Inc.
458 S. Spring St., Los Angeles
WILLIAMS, SPENCER M., Elks Bldg., Sacramento
Santa Clara County Board of Supervisors
Courthouse, San Jose
WILLIAMS, W. F., Senator Hotel, Sacramento
National Board of Fire Underwriters (The)
1014 Merchants Exchange Bldg., San Francisco 4
WOOD, MRS. LYDIA A., 8589 Burton Way, Los Angeles 48
Women's Christian Temperance Union of Southern California
WOOLEY, MAGNUS R., Senator Hotel, Sacramento
Pacific Finance Corporation
621 S. Hope St., Los Angeles 17
WYMAN, EUGENE L., 118 S. Beverly Dr., Beverly Hills
California Association of Chiropodists, Inc.
YARWOOD, PAUL, 926 J Bldg., Sacramento
California Optometric Association
YATES, CLAUDE E., 1441 Van Ness Ave., San Francisco
California Council of Business Schools
YOUNG, MARY E., 604 Ninth Ave., San Francisco 9
California Parents Association for Child Care Centers
YOUNGBERG, J. C, El Rancho Hotel, Sacramento
Stone & Youngberg
1314 Russ Bldg., San Francisco
ZELLER, RICHARD H., Senator Hotel, Sacramento
California Trucking Associations, Inc.
841 Folger Ave., Berkeley 10
ORGANIZATIONS
A-l NURSES REGISTRY
Taylor, Maxime
AFFILIATED TEACHER ORGANIZATIONS OF LOS ANGELES
Eberhard, Ray C.
AGRICULTURAL AIRCRAFT ASSOCIATION, INC.
Branstetter, Wanda G.
AGRICULTURAL COUNCIL OF CALIFORNIA
Johnsen, Richard, Jr.
Staiger, William B.
AGRICULTURAL PEST CONTROL ASSOCIATION, INC.
Corson, E. O.
AIR TRANSPORT ASSOCIATION OF AMERICA
Thigpen, W. R.
ALAMEDA, COUNTY OF
Carpenter, William E.
ALAMEDA COUNTY MILK DEALERS ASSOCIATION
Conaghan, James A.
ALLAN, JAMES AND SONS
Anderson, T. D.
ALLIED PRINTING TRADES LEGISLATIVE COMMITTEE
Hammell, Irving E.
AMERICAN ASSOCIATION OF UNIVERSITY WOMEN
Farr, Miss Marion
Goodrich, Mrs. Patterson
Huffman, Mrs. Robert
Cashion, Mrs. Valerie
Bryant, Ardis
Hayes, Barbara Lang
Betzenderfer, Barbara
Skolil, Ruth Herron
Goslow, Mrs. Robert H.
Snell, Mrs. Arthur J.
AMERICAN EXPRESS COMPANY
Taylor, Waller, II
Volk, Robert H.
AMERICAN AIRLINES, INC.
Smith, Burck
AMERICAN BUILDING CONTRACTORS ASSOCIATION, INC.
Conn, Zel
AMERICAN INSTITUTE OF ARCHITECTS, CALIFORNIA COUNCIL
Ferris, Melton
Gillis, William E.
AMERICAN INSTITUTE OF BUILDING DESIGN
Conn, Zel
AMERICAN LEAGUE OF CONSULTING AND APPLIED PSYCHOLOGISTS
Moran, R. J.
AMERICAN MUTUAL ALLIANCE
Groezinger, Leland B.
AMERICAN RAILWAY SUPERVISORS ASSOCIATION, THE
Davis, Byron H.
ARTISTS MANAGERS GUILD
Butler, Monroe
ASSOCIATED CREDIT BUREAUS OF CALIFORNIA
McGilvray, Kenneth G.
(27)
28 LEGISLATIVE ADVOCATES AND ORGANIZATIONS
ASSOCIATED FARMERS OF CALIFORNIA, INC.
Rossi, Jack G.
Gibbs, Charles E.
ASSOCIATED GENERAL CONTRACTORS OF AMERICA, INC.
Chadwick, John E.
ASSOCIATED GENERAL CONTRACTORS, SOUTHERN CHAPTER
Ross, Kenneth A., Jr.
ASSOCIATED MASTER BARBERS AND BEAUTICIANS
Loheit, Robert
DiCaro, Lawrence B.
Haywood, Roy
Rose, Vernon L.
ASSOCIATED PLUMBING CONTRACTORS OF CALIFORNIA
Mack, J. D.
ASSOCIATED PRODUCE DEALERS AND BROKERS OF LOS ANGELES
Harris, Homer A.
ASSOCIATED SUBCONTRACTORS OF SOUTHERN CALIFORNIA, INC.
Spring, Gardiner W., Jr.
ASSOCIATION FOR NURSERY EDUCATION OF NORTHERN
CALIFORNIA
Mahler, Theresa S.
ASSOCIATION OF CALIFORNIA INSURANCE COMPANIES
Sweigert. William T.
Oliver, V.
ASSOCIATION OF CASUALTY AND SURETY COMPANIES
Taft, Perry H.
ASSOCIATION OF MOTION PICTURE PRODUCERS
Redwine, Kent
ASSOCIATION OF NORTHERN CALIFORNIA LOGGERS
Anderson, Carl
ATCHISON, TOPEKA & SANTA FE RAILWAY CO.
McLennan, Alfred D.
AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA
Davis, J. Allen
Cheshire, Harry V., Jr.
Laymon, Fred E.
AUTOMOBILE DEALERS ASSOCIATION OF CALIFORNIA, INC.
Clews, Bruce
BANK OF AMERICA N. T. & S. A.
Bruns, Walter E.
Broaders, Halden C.
BENEFICIAL MANAGEMENT CORPORATION OF AMERICA
Nickel, George D.
BROTHERHOOD OF LOCOMOTIVE ENGINEERS
Mitchell, G. R.
BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENGINEMEN
Ellis, William V.
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
Kramer. Calvin W.
BROTHERHOOD OF RAILROAD SIGNALMEN OF AMERICA
Carmichael, L. H.
BROTHERHOOD OF RAILROAD TRAINMEN
Ballard, G. W.
BROTHERHOOD RAILWAY CARMEN OF AMERICA
Gibbens. C. M.
Davis, Byron H.
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS
McMillan, E. A.
LEGISLATIVE ADVOCATES AND ORGANIZATIONS 29
BUILDING AND CONSTRUCTION TRADES COUNCIL
Caples, R. A.
BUILDING MATERIAL DEALERS ASSOCIATION
Samuels, Tom
BUILDING MATERIAL DEALERS CREDIT ASSOCIATION
Dean, J. M.
McGilvray, Kenneth G.
CALIFORNIA ASSOCIATION FOR HEALTH, PHYSICAL EDUCATION
AND RECREATION
Staley, Edwin J.
CALIFORNIA ASSOCIATION OF BARBERS AND BEAUTICIANS
Karlstad, Olaf
CALIFORNIA ASSOCIATION OF CHIROPODISTS, INC.
Finell, Marvin
Wyman, Eugene L.
CALIFORNIA ASSOCIATION OF COLLECTORS, INC.
Bullock, R. J.
Jones, Robert H.
Letson, Ed
Nielsen, Roy J.
Jackson, Edward N.
CALIFORNIA ASSOCIATION OF DAIRY AND MILK SANITARIANS
Samsel, Ed
CALIFORNIA ASSOCIATION OF DISPENSING OPTICIANS
Kennedy, Anthony J.
CALIFORNIA ASSOCIATION OF HIGHWAY PATROLMEN
Brumbaugh, Captain Cal F.
Garibaldi, James D.
CALIFORNIA ASSOCIATION OF ICE INDUSTRIES
Dieffenbacher, Joseph R.
CALIFORNIA ASSOCIATION OF INDUSTRIAL LOAN COMPANIES
Donohue, Robert B.
CALIFORNIA ASSOCIATION OF INSURANCE AGENTS
Burrow, Trev A.
CALIFORNIA ASSOCIATION OF MEDICAL LABORATORY
TECHNOLOGISTS
Stevens, Berenice
CALIFORNIA ASSOCIATION OF NURSERYMEN
Merz, Elmer J.
CALIFORNIA ASSOCIATION OF PUBLIC SCHOOL BUSINESS OFFICIALS
Sweigert, William Thomas, Jr.
CALIFORNIA ASSOCIATION OF SCHOOL ADMINISTRATORS
Cralle, Robert E.
CALIFORNIA ASSOCIATION OF RECREATION AND PARK DISTRICTS
Fluharty, Jesse E.
Gill, Joseph C.
CALIFORNIA ASSOCIATION OF SECONDARY SCHOOL
ADMINISTRATORS
McGowan, William N.
CALIFORNIA ASSOCIATION OF TIMBER TRUCKERS
Gilliss, William E.
CALIFORNIA ASSOCIATION OF TOBACCO DISTRIBUTORS, INC.
Kennedy, Anthony J.
CALIFORNIA BANKERS ASSOCIATION
Gregory, Philip J.
Landels, Edward D.
CALIFORNIA BARBER COLLEGE ASSOCIATION
Trusty, L. Sherman
Murray, James, Jr.
Bloom, Edward J.
30 LEGISLATIVE ADVOCATES AND ORGANIZATIONS
CALIFORNIA BEVERAGE DISTRIBUTORS ASSOCIATION
Garibaldi, James D.
CALIFORNIA BEVERAGE RETAILERS ASSOCIATION
Whitaker, Alfred A.
CALIFORNIA BOATING COUNCIL, INC.
Mower, Mrs. Jan
CALIFORNIA BROADCASTERS ASSOCIATION, INC.
Kaitz, Walter
CALIFORNIA BUS ASSOCIATION
Kaitz, Walter
CALIFORNIA CATTLEMENS ASSOCIATION
Dick, J. Edgar
Christensen, Brunei
Sherwood, Clyde C.
Van Vleck, Gordon
CALIFORNIA CENTRAL VALLEYS FLOOD CONTROL ASSOCIATION
Luther, John M.
CALIFORNIA CHECK SELLERS AND CASHERS ASSOCIATION
Blackburn, William F.
Reagan, Bennie C.
CALIFORNIA CHIROPRACTIC ASSOCIATION
Norcross, Lee H., D.C.
Mitchell, Donald A.
CALIFORNIA COMMISSION FOR FAIR EMPLOYMENT PRACTICES
Becker, William L.
CALIFORNIA CONGRESS OF PARENTS AND TEACHERS, INC.
Lawsen, Mrs. Thomas E.
Berry, Mrs. Robley
Colwell, Mrs. Max
CALIFORNIA CORRECTIONAL OFFICERS ASSOCIATION
Hoffman, Verne W.
CALIFORNIA COUNCIL OF BUSINESS SCHOOLS
Yates, Claude E.
CALIFORNIA COUNCIL, AMERICAN INSTITUTE OF ARCHITECTS
Ferris, Melton
CALIFORNIA COUNCIL OF THE BLIND
Archibald, A. L.
Fletcher, John R.
CALIFORNIA COUNCIL OF CIVIL ENGINEERS AND LAND SURVEYORS
White, William A.
CALIFORNIA COUNTY MUTUAL INSURANCE ASSOCIATION
Groezinger, Leland B.
CALIFORNIA CREDIT UNION LEAGUE
Murphy, Clarence E.
Draper, W. Marvin, Jr.
CALIFORNIA DRYCLEANERS ASSOCIATION
Shepherd, George M.
CALIFORNIA DUMP TRUCK OWNERS ASSOCIATION
Blackman, E. O.
CALIFORNIA ELECTRIC POWER COMPANY
Bromley, Elmer P.
Healey, Lester W.
Andrews, William S.
CALIFORNIA EQUIPMENT DEALERS ASSOCIATION
Strathman, S. H.
CALIFORNIA FARM BUREAU FEDERATION
Richards, Russel D.
Hanley, Robert E.
LEGISLATIVE ADVOCATES AND ORGANIZATIONS 31
CALIFORNIA FARMERS, INC.
Garrod, Ralph Vince
CALIFORNIA FEDERATED INSTITUTE, INC.
Silva, Frank A.
CALIFORNIA FEDERATION OF BUSINESS AND PROFESSIONAL
WOMEN
Gelber, Louise C.
CALIFORNIA FEDERATION OF SERVICE STATIONS
David, Nina V.
Brent, George
Cook, Robert J.
CALIFORNIA FERTILIZER ASSOCIATION
Bierly, Sidney H.
CALIFORNIA FIRE CHIEF'S ASSOCIATION (NORTHERN DIVISION)
Goss, William
Miller, William L.
CALIFORNIA FISH CANNERS ASSOCIATION
Carry, Charles H.
Davis, Herbert C.
CALIFORNIA FISHERIES COUNCIL
Miller, Howard E.
CALIFORNIA FOREST PROTECTIVE ASSOCIATION
Schofield, W. R.
Callaghan, John
CALIFORNIA GROCERS ASSOCIATION
Goddard, Merle J.
Hadeler, William D.
Haggerty, Gerald P.
DiefEenbacher, Joseph R.
CALIFORNIA HAY, GRAIN & FEED DEALERS ASSOCIATION
Gilmore, John F.
CALIFORNIA HOUSING COUNCIL
Peyser, Jefferson E.
CALIFORNIA INSTITUTE OF SOCIAL WELFARE
McLain, George
Evans, James A.
Childers, Alonzo
CALIFORNIA JUNIOR STATESMEN OF AMERICA
Mazor, Stanley
CALIFORNIA LABOR FEDERATION, AFL-CIO
Scully, Charles P.
Finks, Harry
Pitts, Thomas L.
Haggerty, C. J.
Vial, Donald
CALIFORNIA LAND TITLE ASSOCIATION
Matthews, Hazen L.
CALIFORNIA LANDSCAPE CONTRACTORS ASSOCIATION
Jenner, Kenneth E.
CALIFORNIA LEGISLATIVE COUNCIL OF PROFESSIONAL ENGINEERS
Kennedy, Anthony J.
CALIFORNIA LIBRARY ASSOCIATION
VoUmayer, Karl
CALIFORNIA LIFE INSURANCE COMPANY
Kadoyama, Mitsuru
CALIFORNIA LOAN AND FINANCE ASSOCIATION
Chandler, Laurence
32 LEGISLATIVE ADVOCATES JlSH OftGASTLATKOXS
CAUTORNIA MA>rrrACTUREBS ASSOCIATION
Kii«ht, T. F.. Jr.
Davis, Alan £.
WDdiaSf Charles H.
Bead, Eo^oie A.
dvpton, Mort L.
Kbox, Phil, Jr.
CAUrORXIA MARINE PARKS AND HARBORS ASSOCIATION
Edwards. R. J.
James, Leonard G.
CALIFORNIA MEDICAL ASSOCIATION, COMMTTTEIE ON LEGISLATION
Kilroy. Dr. Dan O.
CALIFORNIA MILK PRODUCERS ASSOCIATION
Bramkamp. Lynn
Hobbard. Leslie
CALIFORNIA MONUMENT ASSOCIATION, INC
Troost. Frank W.
CALIFORNIA MORTGAGE BANTTFTRS ASSOCIATION
Landels, Edward D.
Gregory, Philip J.
CALIFORNIA MOTEL ASSOCIATION
Feiten, Fred C.
CALIFORNIA iTCTaCrPAL mLTTIES ASSOCIATION
Eberhard. Ray C.
CALIFORNIA NEWSPAPER PUBLISHERS ASSOCIATION, ES'C
Long. John B.
Martin, Ben D.
CALIFORNIA OPTOMETRIC ASSOCIATION
Yarwood, Paul
Swain, Roy M., OJ).
CALIFORNIA-OREGON POWER COMPANY
Bromley. Elmer P.
CALIFORNIA OSTEOPATHIC ASSOCIATION
Schumacher. Thomas C
CALIFORNIA OSTEOPATHIC HOSPITAL ASSOCIATION
Schnmaeher, Thomas C.
CALIFORNIA PARENTS ASSOCIATION FOR CHILD CARE CENTERS
Ben, William D.
Young. Mary E.
CALIFORNIA PORTLAND CEMENT COMPANT
Will, Arthur J.
CALIFORNIA PUBLIC ACCOUNTANTS ASSOCIATION, INC.
Stephens, Joseph H.
CALIFORNIA RACING EVFORMATION ASSOCIATION
Keaton, Morgan
CALIFORNIA RAILROAD ASSOCIATION
Phillips, lioyd A.
Lyon, Leroy E., Jr.
Minard, Qande
Wendt, John R.
CALIFORNIA REAL ESTATE ASSOCIATION
KAiti, Walter
Pontios, H. Jackson
CALIFORNIA RENTAL OWNERS ASSOCIATION
GiammugnanL Tes L.
CALIFORNIA RETAIL LIQUOR DEALERS INSTITUTE
Tamoff, Harry L
CALIFORNIA RETAILERS ASSOCIATION
Kennedy. Vincent D.
McClong. Emmons
Miner, Bnrt W.
LEGISLATIVE ADVOCATES AND ORGANIZATIONS 33
CALIFORNIA RETIRED TEACHERS ASSOCIATION
Gardner. James N.
CALIFORNIA ROADSIDE COUNCIL
Reynolds, Ralph Edwin (Ted)
CALIFORNIA SAVINGS AND LOAN LEAGUE
Davis, Neill
Hardinge, Franklin, Jr.
Kruse, Alan P.
CALIFORNIA SCHOOL BOARDS ASSOCIATION, INC.
Gaede, Mrs. Grace T.
White, Lawrence B.
CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION
Bartlett. Richard C.
Keirn, G. Dale
CALIFORNIA SELF-INSURERS ASSOCIATION
Leonard, Edmund D.
CALIFORNIA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS
Sargent, Arthur M.
CALIFORNIA SOCIETY OF DESIGNERS, INC.
Sherman, Robert M.
Santocono, Gale
CALIFORNIA STATE ASSOCIATION OF JOURNEYMEN BARBERS. HAIR-
DRESSERS, COSMETOLOGISTS, MASSEURS AND PROPRIETORS
Bills, Mrs. Esther
Isaksen, M. C.
LeCain, Frank
Campbell, Mrs. Gaye
Olsen, S. J.
CALIFORNIA STATE ASSOCIATION OF LIFE UNDERWRITERS
Bums, Donald Carlton
CALIFORNIA STATE AUTOMOBILE ASSOCIATION
Anderson, Virgil P.
CALIFORNIA STATE BUILDERS EXCHANGE
Miller, Leslie W.
CALIFORNIA STATE CHAMBER OF COMMERCE
Hislop, John K.
Vanderlip, Loran C.
Fensel, Alden C. (Agriculture and Industry)
Gofourth, James D.
CALIFORNIA STATE COUNCIL OF CULINARY WORKERS, BAR-
TENDERS, AND HOTEL SERVICE EMPLOYEES
Callahan, Michael R.
CALIFORIA STATE DENTAL ASSOCIATION
Kennedy, Anthony J.
CALIFORNIA STATE EMPLOYEES' ASSOCIATION
Feinberg, George
Sharpe, Robert H.
Hanson, S. G.
McElheney, John W.
Sutherland, Walter
CALIFORNIA STATE FEDERATION OF TEACHERS
Henry, Donald K.
Genser, Joseph
CALIFORNIA STATE FIREMENS ASSOCIATION
AJbrecht, Eugene L.
Held, Owen H.
CALIFORNIA STATE HOTEL ASSOCIATION
Robinson, Wm. C.
McAdams, Charles L.
CALIFORNIA STATE NURSES ASSOCIATION
Reynolds, Harold G., Jr.
34 LEGISLATIVE ADVOCATES AND ORGANIZATIONS
CALIFORNIA STATE PSYCHOLOGICAL ASSOCIATION
Becker, William L.
CALIFORNIA STATE RESTAURANT ASSOCIATION
Munro, Russell S.
Riley, Robert M.
CALIFORNIA STATE SHERIFFS ASSOCIATION
Dinkelspiel, John Walton
Dinkelspiel, Martin J.
Dinkelspiel, Richard C.
Fort, Robert O.
CALIFORNIA TAXPAYERS ASSOCIATION
LeFors, A. O.
Howe, Leslie D.
Brown, Robert C.
CALIFORNIA TEACHERS ASSOCIATION
Barton, WiUiam H.
McKay, Robert E.
CALIFORNIA TEAMSTERS LEGISLATIVE COUNCIL
Cannon, Vem H.
Harris, Thomas Leonard
Amador, Richard S.
CALIFORNIA TRAILER PARK ASSOCIATION
Brown, Edward A.
CALIFORNIA TRUCKING ASSOCIATIONS, INC.
Schumacher, Thomas C, Jr.
Fillerup, O. W.
Zeller, Richard H.
Trask, Bert
Kessler, Howard E.
CALIFORNIA WAREHOUSEMEN'S ASSOCIATION
Dieffenbacher, Joseph R.
CALIFORNIA WATER ASSOCIATION
Lindsay, Francis C.
CALIFORNIA WATER DEVELOPMENT COUNCIL
Garland, Gordon H.
CALIFORNIA WATER SERVICE COMPANY
Mau, Carl F.
CALIFORNIA WESTERN STATES LIFE INSURANCE COMPANY
Leavey, H. Harold
Jeske, Howard L.
CALIFORNIA WILD LIFE FEDERATION
Hoffman, Vem
CANNERS LEAGUE OF CALIFORNIA
Oliver, David V.
Sweigert, William Thomas, Jr.
CAPITOL CITY AUTOMOBILE DEALERS ASSOCIATION
Kanelos, Mrs. Rena M.
CENTRAL VALLEY MILK MARKETING ACCOCIATION
Diamond, Noel A.
CENTRAL VALLEY THOROUGHBRED BREEDERS COMMITTEE
Gilliss, William E.
CHALLENGE CREAM AND BUTTER ASSOCIATION
Glass, Mrs. Margaret M.
Hibbert, Maurice E.
ScarameUa, E. L.
CHIROPRACTIC INSTITUTE OF CALIFORNIA
Gilliss, William E.
CITIZENS COMMITTEE FOR HOME RULE
Morgan, LeRoy H.
LEGISLATIVE ADVOCATES AND ORGANIZATIONS 35
COLLATERAL LOAN ASSOCIATION OF CALIFORNIA
Gilchrist, John Parker
COLLECTORS ADVISORY COUNCIL
Markey, James S.
CONSTRUCTION INDUSTRY LEGISLATIVE COUNCIL
Miller, Leslie W.
Mack, J. D.
CONTRA COSTA COUNTY EMPLOYEES ASSOCIATION
Harley, James A.
Russell, Benjamin O.
CORPORATION UNEMPLOYMENT TAX SERVICE
Whitmer, HoUis J.
Lane, James Michael
COUNTY SANITATION DISTRICTS OF LOS ANGELES COUNTY
Gill, Joseph C.
COUNTY SUPERVISORS ASSOCIATION OF CALIFORNIA
Cooper, Vincent T.
MacDougall, William R.
Siegel, William M.
Nolder, Thomas A.
CREDIT MANAGER ASSOCIATION OF SOUTHERN CALIFORNIA
Weller, Frank C.
McGilvray, Kenneth G.
CREDIT UNION EMPLOYEES ASSOCIATION
Fischer, Fred H.
DAIRY INFORMATION SERVICE
Hukill, Brooke
DAIRY INSTITUTE OF CALIFORNIA
Beckus, Robert J.
Wakefield, Harold S.
DAIRYMENS SERVICE ASSOCIATION
Coram, Paul S.
DANISH CREAMERY ASSOCIATION
^ Scaramella, E. L.
DEL MAR TURF CLUB
Garibaldi, James D.
DEL MONTE MEAT COMPANY, INC.
Anderson, T. D.
DRIVING SCHOOL ASSOCIATION OF SOUTHERN CALIFORNIA
Suppance, Ralph A.
EAST BAY MUNICIPAL UTILITY DISTRICT
Meredith, George F.
EAST MODESTO INDUSTRIAL ASSOCIATION
Beard, Kennan H.
EDWARDS, HELEN, AND STAFF EMPLOYMENT
Marsh, William F., and Associates
EMPLOYMENT AGENCIES ASSOCIATION OF NORTHERN CALIFORNIA
Anderson, T. D.
ENGINEERING AND GRADING CONTRACTORS ASSOCIATION
Dunn, Gordon G.
Mendel, Warren R.
FARMERS AND MERCHANTS COUNCIL, INC.
Keaton, Morgan
FARMERS UNDERWRITERS ASSOCIATION
Garrod, Richard R.
Garrod, Ralph Vince
Hannegan, John J.
Foran, John Francis
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LEGISLATIVE ADVOCATES AND OEGANIZATIONB 87
INDEPENDENT AUTO DEALERS COUNCIL OF CALIFORNIA
KaneloB, Mrs. Rena M.
INDEPENDENT GARAGE OWNERS OF CALIFORNIA, INC.
Blakely, Francis H.
Epley, Garlan
INDEPENDENT MORTGAGE BANKERS ASSOCIATION
Peyser, Jefferson E.
INDUSTRIAL CATERING AND MOBILE LUNCH SERVICE ASSOCIATION
Sweeney, William R.
INDUSTRIAL INDEMNITY COMPANY
McFarland, John P.
INSURANCE BROKERS EXCHANGE OF CALIFORNIA
Sullivan, Eugene J.
INTER ASSOCIATION UNEMPLOYMENT INSURANCE COMMITTEE
Glade, J. Richard
INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB
OF SOUTHERN CALIFORNIA
Laymon, Fred E.
Davis, J. Allen
Cheshire, Harry V.
INTERMENT ASSOCIATION OF CALIFORNIA
Brennan, Raymond Louis
INTERNATIONAL ASSOCIATION OF MACHINISTS
Davis, Byron H.
Madigan, Eugene C.
INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, IRON
SHIP BUILDERS, BLACKSMITHS, FORGERS, AND HELPERS
Davis, Byron H.
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
Mulkey, George A.
INTERNATIONAL BROTHERHOOD OF FIREMEN AND OILERS
Davis, Byron H.
INTERNATIONAL UNION OF OPERATING ENGINEERS,
STATIONARY LOCAL 39
Oughton, Albert R.
INVESTMENT BANKERS ASSOCIATION OF AMERICA
Gregory, Philip J.
Landels, Edward D.
IRON QUEEN MINING COMPANY
Eklund, NUs O., Jr.
IRRIGATION DISTRICTS ASSOCIATION OF CALIFORNIA
Durbrow, Robert T.
JUDGES, MARSHALS AND CONSTABLES ASSOCIATION
OF CALIFORNIA
Eldred, Judge Richard C.
KAISER ALUMINUM AND CHEMICAL CORPORATION
Eklund, Nils O., Jr.
Mullin, Jack W.
KAISER ALUMINUM AND CHEMICAL SALES, INC.
Eklund, Nils O., Jr.
KAISER FOUNDATION HEALTH PLAN, INC.
Eklund, Nils O., Jr.
Kingren, Gibson
Mullin, Jack W.
KAISER GYPSUM COMPANY, INC.
Eklund, Nils O., Jr.
KAISER INDUSTRIES CORPORATION
Eklund, Nils O., Jr.
Mullia, Jack W.
38 LEGISLATIVE ADVOCATES AND ORGANIZATIONS
KAISER STEEL CORPORATION
Eklund, Nils O., Jr.
MuUin, Jack W.
KELCO COMPANY
Gilman, Don E.
KERN COUNTY BOARD OF SUPERVISORS
Creagh, Merrick W.
KERN COUNTY EMPLOYEES ASSOCIATION
Dallimore, Howard S.
KIRKBRIDE, WILSON, HARZFELD AND WALLACE
Davis, Sherrod Stone
McEUigott, Peggy L.
LA SALLE EXTENSION UNIVERSITY
Lynch, John Knox
LAST CHANCE WATER DITCH COMPANY
Garland, Gordon H.
LEAGUE OF CALIFORNIA CITIES
Carpenter, Richard
Keller, Lewis
Gardner, Howard
LEAGUE OF COUNTY EMPLOYEES ASSOCIATIONS, INC.
Dallimore, Howard S.
Harley, James A.
Ward, Frederick H.
LEAGUE OF WOMEN VOTERS OF CALIFORNIA
Clar, Evelyn M.
Castor, Mrs. Henry
LEMOORE CANAL AND IRRIGATION COMPANY
Garland, Gordon H.
LENDERS' SERVICE CORPORATION
Greenberg, Maxwell E.
LIBERTY LEAGUE INCORPORATED
Chandler, Connie Clara
LICENSED VOCATIONAL NURSES LEAGUE OF CALIFORNIA
Baldwin, Norman D.
LIFE INSURANCE ASSOCIATION OF CALIFORNIA
Groezinger, Leland B.
LIQUOR RETAILERS ASSOCIATION
Sorell, Leon H.
LIQUOR STORES AND TAVERNS ASSOCIATION
Acton, William B.
LONG BEACH CITY EMPLOYEES' ASSOCIATION, INC.
Marcus, Paul M.
LONG BEACH, CITY OF
McWhinney, W. C.
Creighton, Robert C.
LOS ALAMITOS RACE COURSE
Beekman, John A.
LOS ANGELES, CITY OF
Arnold, Lewis E.
Matthews, Hazen Lee
McNeil, Duncan J.
Neville, John T.
Claypool, Leslie E.
Neal, William
LEGISLATIVE ADVOCATES AND ORGANIZATIONS 39
LOS ANGELES COUNTY BOARD OF SUPERVISORS
Kennedy, Harold W.
Langstaff, Clarence H.
Wakefield, George W.
Del Guercio, Richard A.
McLaughlin, Francis M.
LOS ANGELES COUNTY EMPLOYEES ASSOCIATION
Ward, Frederick H.
LOS ANGELES COUNTY FIRE FIGHTERS ASSOCIATION #1014
Smith, Fred C.
Larson, Kenneth D.
LOS ANGELES COUNTY PEACE OFFICERS ASSOCIATION
Bookman, Joe
LOS ANGELES COUNTY SANITATION DISTRICTS
Gill, Joseph C.
LOS ANGELES DEPARTMENT OF WATER AND POWER
Lyons, William
LOS ANGELES FIRE AND POLICE PROTECTIVE LEAGUE
Halstead, Jack L.
Held, Owen H.
Turner, Gourney H.
Davis, Edward M.
McLellan, Richard U.
Nowell, Louis R.
Thompson, John A.
Slafter, Herbert A.
Morris, Jack F.
Abney, Hermon F.
LOS ANGELES METROPOLITAN TRANSIT AUTHORITY
Bowler, Edwin Thomas
LOS ANGELES MOTOR CAR DEALERS ASSOCIATION
Smith, Dave F.
Smith, Russell
LOS ANGELES TURF CLUB, INC.
Will, Arthur J.
LUMBER MERCHANTS ASSOCIATION OF NORTHERN CALIFORNIA
Pomeroy, Jack F.
MALT BEVERAGE INDUSTRY
Creedon, Daniel J.
Temple, Wm. L.
MERCHANTS AND MANUFACTURERS ASSOCIATION
Lincoln, Chester C.
METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA
Hanson, Chester G.
Fee, Rufus S.
MOFFAT, H., COMPANY
Anderson, T. D.
MONOLITH PORTLAND CEMENT COMPANY
Will, Arthur J.
MOTION PICTURE ASSOCIATION OF AMERICA, INC.
Redwine, Kent
MOTOR CAR DEALERS ASSOCIATION OF SOUTHERN CALIFORNIA
Smith, Dave F,
Smith, Russell
MOUNTAIN COUNTIES WATER RESOURCES ASSOCIATION
Spoor, E. H.
MUNICIPAL LICENSE TAX ASSOCIATION
Anderson, Alan O.
40 LEGISLATIVE ADVOCATES AND ORGANIZATIONS
NATIONAL ASSOCIATION OF CONSUMER ORGANIZATIONS
McFarland, John P.
NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED
PEOPLE
Brandon, Everett P.
NATIONAL BOARD OF FIRE UNDERWRITERS (THE)
Williams, W. F.
NATIONAL ELECTRICAL CONTRACTORS ASSOCIATION
Kramm, Ernest G.
NATIONAL FRATERNAL CONGRESS OF AMERICA
McFarland, John P.
NATIONAL HEALTH FEDERATION
Hart, Fred J.
Matchan, Don C.
NATIONAL OVERHEAD DOOR ASSOCIATION, INC.
Conn, Zel
NORTH COAST COUNTY WATER DISTRICT
Jenkins, Thomas M.
McClure, Warren A.
NORTHERN CALIFORNIA DISTRICT COUNCIL ILWU
Johnson, Michael P.
DiBiasi, Nate
NORTHERN CALIFORNIA MORTGAGE BROKERS ASSOCIATION
Nielsen, Erwin C.
NORTHERN CALIFORNIA SEAFOOD INSTITUTE
Gilchrist, John Parker
NORTHERN CALIFORNIA THEATRE ASSOCIATION, INC.
McGinn, Hulda
NORWALK HOSPITAL DISTRICT
Gill, Joseph C.
OAKLAND CHAMBER OF COMMERCE
Moeller, Kenneth G.
Sajor, Edmond C.
OCCIDENTAL LIFE INSURANCE COMPANY
Groezinger, Leland B.
OCEAN FISH PROTECTIVE ASSOCIATION, INC.
Kelly, Andy
Marsh, Wm. F. and Associates
ORDER OF RAILWAY CONDUCTORS AND BRAKEMEN
WicklifEe, Leonard M.
ORDER OF REPEATERMEN AND TOLL TESTBOARDMEN LOCAL
1011 E.B.E.W. A.F.L.-C.I.O.
Jones, Robert W.
Sperl, Wenzel S.
PABST BREWING COMPANY
Peterson, Lynn G.
PACIFIC AMERICAN STEAMSHIP ASSOCIATION
Rowland, Gilford G.
PACIFIC DAIRY & POULTRY ASSOCIATION
Nail, Carl E.
PACIFIC FINANCE CORPORATION
Wooley, Magnus R.
PACIFIC GAS AND ELECTRIC COMPANY
Bromley, Elmer P.
Carr, Francis J.
Andrews, William S.
Todd, A. Buric
LEGISLATIVE ADVOCATES AND ORGANIZATIONS 41
PACIFIC INDEMNITY COMPANY
Blalock, J. T.
PACIFIC LIGHTING GAS SUPPLY COMPANY
Craig, Edward
PACIFIC MUTUAL LIFE INSURANCE COMPANY
Groezinger, Leland
PACIFIC OUTDOOR ADVERTISING COMPANY
Garibaldi, James D.
PACIFIC STATES COLD STORAGE WAREHOUSEMENS ASSOCIATION
Dieffenbacher, Joseph R.
PACIFIC TETvEPHONE AND TELEGRAPH COMPANY
Holmes, Carl M.
McGlynn, Hnrold T.
McLean, William J.
PACIFIC UNION CONFERENCE OF SEVENTH DAY ADVENTISTS
Johns, Alger H.
PAN AMERICAN WORLD AIRWAYS
Pottorff, George B.
PEACE OFFICERS ASSOCIATION OF CALIFORNIA
Fort, Robert O.
PEOPLES DITCH COMPANY
Garland, Gordon H.
PERMANENTE CEMENT COMPANY
Eklund, Nils O.
Mullin, Jack W.
PERMANENTE STEAMSHIP CORPORATION
Eklund, Nils O.
PERMANENTE TRUCKING
Eklund, Nils O.
PEST CONTROL OPERATORS OF CALIFORNIA, INC.
Switzer, Fred W.
PETROLEUM EQUIPMENT SUPPLIERS ASSOCIATION
McGilvray, Kenneth G.
PEYSER. JEFFERSON E. (General Counsel for Wine Institute)
Kahn, Max R.
PHARMACEUTICAL INSTITUTE
Doyle, Donald D.
PLACER COUNTY WATER AGENCY
Moskovitz, Adolph
Kronick, Stanley W.
PRIVATE TRUCK OWNERS OF CALIFORNIA
Anderson, Alan G.
PUBLIC FINANCE COMPANY
LeVecke, J. Neil
PUBLIC HEALTH LEAGUE OF CALIFORNIA
Read, Ben H.
Salisbury, Eugene E.
Eraser, John
RAILROAD BROTHERHOODS CALIFORNIA LEGISLATIVE BOARD
Ellis, William V.
Wicklifife, Leonard M.
RAILROAD SHOPCRAFTS LEGISLATIVE COMMITTEE OF CALIFORNIA
Davis, Byron H.
RAWLEIGH, W. T. COMPANY
Bennett, H. B.
REDEVELOPMENT AGENCY OF THE CITY OF SACRAMENTO
Allen, Bruce F.
McDonough, Martin
42 LEGISLATIVE ADVOCATES AND ORGANIZATIONS
REFEREES OF THE INDUSTRIAL ACCIDENT COMMISSION
(ASSOCIATION OF)
Fleury, Gordon A.
RETIRED STATE GOVERNMENT EMPLOYEES ASSOCIATION OF
CALIFORNIA
P''assett, Weston
RICHFIELD OIL CORPORATION
Stevens, Lawrence C.
Shults, Albert
RIVERSIDE CEMENT COMPANY
Will, Arthur J.
ROADSIDE BUSINESS ASSOCIATION
Knorp, Albert F.
ROWE SERVICE COMl'ANY
Sei'dman, George M.
SACRAMENTO MUNICIPAL UTILITY DISTRICT
Carr, James K.
SACRAMENTO PRINTING PRESSMEN AND ASSISTANT'S UNION NO. 60
Nielsen, Roy J.
SALMON UNLIMITED
Gilchrist, John Parker
Difani, George D.
SALYER LAND COMPANY
Garland, Gordon H.
SAN DIEGO CHAMBER OF COMMERCE
Klaus, Arnold
SAN DIEGO GAS AND ELECTRIC
Andrews, William S.
Bromley, Elmer P.
SAN DIEGO TRANSIT SYSTEM
Hanson, Donald E.
SAN P^RANCISCO BOARD OF EDUCATION
Breyer, Irving G.
SAN FRANCISCO BOARD OF TRADE
Conners, James M.
SAN FRANCISCO CHAMBER OF C0MMP:RCE
Shields, Randle P.
SAN FRANCISCO CITY AND COUNTY
Cleary, Donald W.
Ward, Bernard J.
SAN :mateo county
Middaugh, A. R.
SAN PEDRO FISHERIES INSTITUTE
Miller, Howard E.
SANTA CLARA COUNTY BOARD OF SUPERVISORS
Kennedy, Jolin R.
Williams, Sjienoer M.
SANTA CLARA COUNTY FARM BUREAU
Boyd, S. Charles
Wilhelm, R. Ken
SHEET METAL WORKERS' INTERNATIONAL ASSOCIATION
Davis, Byron H.
SHELL OIL COMPANY
Shults. Albert J.
SHOP CRAFTS LEGISLATIVE COMAIITTEE
Barnes, All)ert E.
Barri, Henry C.
SOCIETY OF CALIFORNIA ACCOUNTANTS
Conner, Elbert S.
LEGISLATIVE ADVOCATES AND ORGANIZATIONS 43
SOUTHEAST RECREATION AND PARK DISTRICT
Gill, Joseph C.
SOUTHERN CALIFORNIA EDISON COMPANY
Allen, Howard Pfeiffer
Bromley, Elmer P.
Cook, Geoffrey
SOUTHERN CALIFORNIA GAS COMPANY
Bromley, Elmer P.
SOUTHERN CALIFORNIA MARINE ASSOCIATION
Thurn, Robert S.
SOUTHERN CALIFORNIA MERCHANTS ASSOCIATION
Lyon, Charles W.
SOUTHERN CALIFORNIA MOTOR CAR DEALERS ASSOCIATION
Smith, Dave F.
Smith, Russell
SOUTHERN CALIFORNIA STATE DENTAL ASSOCIATION
Kennedy, Anthony J.
SOUTHERN CALIFORNIA THRIFT AND LOAN
Taber, Lloyd W.
SOUTHERN COUNTIES GAS COMPANY
Bromley, Elmer P.
SOUTHERN PACIFIC COMPANY
Ix)ve, Dan R., Jr.
SOUTH SUTTER WATER DISTRICT
Lindsay, Francis C.
SOUTHWESTERN PORTLAND CEMENT COMPANY
Will, Arthur J.
SPERRY AND HUTCHINSON COMPANY
Groezinger, Leland B.
Pattee, W. Burleigh
STANDARD OIL COMPANY OF CALIFORNIA
Smith, H. A.
Shults, Albert J.
STATE BAR OF CALIFORNIA
Farley, Goscoe O.
Sweigert, William T.
STATE BUILDING AND CONSTRUCTION TRADES COUNCIL OF
CALIFORNIA
Deavers, Bryan P.
Park, Edward P.
Caples, R. A.
STATE EMPLOYEES BUILDING CORPORATION
Miller, Charles J.
STATE FARM INSURANCE COMPANIES
McFiirland, John P.
STATE HIGHWAY EMPLOYEES' ASSOCIATION 1
Martin, Theodore W.
STONE AND YOUNGBERG
Youngberg, J. C.
SUPERIOR OIL COMPANY
Butler, Monroe
TAAFFE, WM. & CO., INC.
Anderson, T. D.
TIDEWATER OIL COMPANY
Shults, Albert J.
44 LEGISLATIVE ADVOCATES AND ORGANIZATIONS
TRAILER COACH ASSOCIATION
Desch, Fred J.
Redwine, Kent
O'Conor, John
TRANS WORLD AIRLINES, INC.
Middleton, William T.
TRAVEL TRAILER CLUBS OF AMERICA, INC.
Carson, William C.
TRAVEL TRAILER MANUFACTURER'S, INC.
Long, Stanley E.
UNION OIL COMPANY OF CALIFORNIA
Welty, Earl M.
UNION PRODUCTS CORPORATION
Anderson, T. D.
UNION SHEEP COMPANY
Anderson, T. D.
UNITED AIR LINES
Thigpen, W. R.
UNITED STEELWORKERS OF AMERICA
Consiglio, Thomas
Alvin, D. Cass
UNITED WHOLESALE LIQUOR DEALERS ASSOCIATION OF
CALIFORNIA
Molner, Duke
WALKER, L. A. COMPANY
Lawrence, Richard J.
WEST BASIN WATER ASSOCIATION
Fossette, Carl
WEST COAST LIFE INSURANCE COMPANY
Olshen, A. C.
Keesling, Francis V., Jr.
WEST COAST SHOWS CORPORATION
Cohn, Robert H.
WESTERN AIRLINES, INC.
Murphy, Thomas M.
WESTERN DAIRYMEN'S ASSOCIATION
Branco, Joe
Misuraca, Charles V.
WESTERN FAIRS ASSOCIATION, INC.
Merrill, Louis S.
WESTERN GROWERS ASSOCIATION
Castiglione, Frank W.
WESTERN HARNESS RACING ASSOCIATION
Long, E. A.
WESTERN STATES MEAT PACKERS ASSOCIATION, INC.
Forbes, E. F.
Maffitt, Norman H.
WESTERN TAX COUNCIL, INC.
Dudley, Arthur S.
WESTERN UNION TELEGRAPH COMPANY
Griggs, Roscoe W.
Hammett, F. G.
WHOLESALE FRUIT AND PRODUCE DEALERS ASSOCIATION
OF SAN FRANCISCO
Moyse, Ralph E.
LEGISLATIVE ADVOCATES AND ORGANIZATIONS 45
WILLYS MOTORS, INC.
Eklund, Nils O.
Mullin, Jack W.
WILLYS SALES CORPORATION
Eklund, Nils O.
WINE INSTITUTE
Peyser, Jefferson E.
Kahn, Max R.
WOMEN'S CHRISTIAN TEMPP^RANCE UNION OF SOUTHERN
CALIFORNIA
Wood, Mrs. Lydia A.
FOREWORD
This analysis was prepared by the Office of Legislative Counsel, 3021
State Capitol Building, Sacramento, at the request of the Senate and
Assembly Committees on Legislative Representation. It is distributed
through the registration office for legislative advocates maintained by
the Legislative Auditor at Room 304, State Capitol Building, Sacra-
mento.
(4tf )
ANALYSIS OF LAW RELATING TO INFLUENCING OR
ATTEMPTING TO INFLUENCE LEGISLATION
I. INTRODUCTION
Sections 9900 to 9911, inclusive, of the Government Code, as amended
through the 1955 Regular Session, prescribe certain regulations re-
garding attempts to influence the passage or defeat of state legislation
or executive approval or veto of such legislation. These requirements
include :
(1) With respect to soliciting or receiving funds for the purpose of
influencing legislation.
The keeping of detailed accounts of contributions received and
expenditures made.
The rendition, to the principal, of detailed accounts of contri-
butions received.
The filing of detailed statements of contributions received and
expenditures made.
(2) With respect to persons engaging themselves for pay to influence
legislation.
The registration of such persons.
The filing, by such registrants, of reports of money received and
expended in carrying on such work.
The meeting of standards imposed by law in carrying on such
work.
The certification of such registrants by the houses of the Legis-
lature acting through appropriate committees.
Each report or statement re(|uired to be filed must be under oath
(Gov. C. 9907). Each filing is with the Chief Clerk of the Assembly
and the Secretary of the Senate of California, or such other person
as the most recent Rules of the Assembly or the Senate, as the case
may be, then designate (Gov. C. 9900, 9903, and 9906).* Any state-
ment required to be filed may be filed by registered mail, and must be
preserved by the clerk and the secretary for two years, as a public
record open to public inspection (Gov. C. 9904).
All information filed, pursuant to Section 9906, by a registrant and
not previously published must be compiled by the clerk and secretary
jointly, as soon as practicable after the calendar month in respect to
which filed, and printed in the Assembly Journal within the week
immediately preceding the constitutional recess, or within the week
immediately preceding final adjournment, at each general session, or
within the week immediately preceding final adjournment at each
budget session, whichever is the earliest date after such filing (subdiv.
(c), Gov. C. 9906).
* The provisions of Joint Rule 37.5 designate the Legislative Auditor as the filing
officer (Stats. 1955, Res. Ch. 35, p. 3877). See, also, Senate Standing Rule 9.7 and
Assembly Standing Rule 27.
(47)
48 LEGISLATIVE ADVOCATES AND ORGANIZATIONS
Definitions of certain terms are listed in Section 9900, as follows:
"Contribution" includes a gift, subscription, loan, advance, or
deposit of money or anything of valno and inclndes a contract,
promise, or agreement, whether or not legally enforceable, to make
a contribution.
"Expenditure" includes a payment, distribution, loan, advance,
deposit, or gift of money or anything of value, and includes a con-
tract, promise, or agreement, whether or not legally enforceable,
to make an expenditure.
"Person" includes an individual, partnership, committee, as-
sociation, corporation, and any other organization or group of
persons.
"Clerk" means the Chief Clerk of the Assembly, or such other
person as the most recent Kules of the Assembly then designate,
and "Secretary" means the Secretary of the Senate, or such other
person as the most recent Rules of the Senate then designate.
"Legislation" means bills, resolutions, amendments, nomina-
tions, and other matters pending or proposed in either house of the
Legislature, and includes any other matter which may be the sub-
ject of action by either house.
"Political committee" includes any committee, association, or
organization which accepts contributions or makes expenditures
for the purpose of influencing or attempting to influence the elec-
tion of candidates or presidential and vice presidential electors, or
any duly authorized committee or subcommittee of a political party
whether national, state, or local.
Some provisions of the California law covered by this analysis are
substantially the same as comparable provisions of the Federal Reg-
ulation of Lobbying Act (2 U. S. C. Sees. 261-270) and several cases
interpreting that act will be referred to in the following discussion.
The California law regulating legislative representation comprises in
general two parts, the first governing persons who solicit or receive
funds for the purpose of influencing legislation (Gov. C. 9901 to 9903,
inclusive, as limited by Gov. C. 9905), and the second governing per-
sons who engage themselves for pay to influence legislation (Gov. C.
9906 and related sections). These two parts will be analyzed in this
order.
II. PROVISIONS APPLICABLE TO PERSONS SOLICITING
OR RECEIVING FUNDS
(a) The persons to whom such provisions are applicable and the
sections that apply to them are specified in Section 9905, which declares :
"The provisions of Sections 9901 to 9903, inclusive, shall apply
to any person, except a political committee, who by himself, or
through any agent or employee or other persons in any manner
whatsoever, directly or indirectly, solicits, collects or receives
money or any other thing of value to be used principally to aid,
or the principal purpose of which person is to aid, in the accom-
plishment of any of the following purposes :
"(a) The passage or defeat of any legislation by the Legisla-
ture ♦ * ♦ or the approval or veto by the Governor ♦ * * .
LEGISLATIVE ADVOCATES AND ORGANIZATIONS 49
"(b) To influence, directly or indirectly, the passage or defeat
of any legislation by the Legislature * * * or the approval or veto
of any legislation by the Governor * * « ."
In United States v. Harriss, 347 U. S. 612, the terms "principally"
and "principal purpose" in the corresponding provision of the federal
law relating to regulation of lobbying (2 U. S. C. Sec. 266) were inter-
preted to mean that a main purpose of the "person" or contribution
must be to influence the passage or defeat of legislation and were inter-
preted to exclude those contributions and persons having only an "in-
cidental" purpose of influencing legislation.
Further, this corresponding section of the federal law was inter-
preted to apply only to direct communication with members of Con-
gress— to direct pressures exerted by a person himself or through his
hirelings or through an artificially stimulated letter campaign,
(b) The keeping of detailed accounts of contributions received and
expenditures made is required by Section 9901.
This duty is cast upon ' ' every person ' ' who solicits or receives a con-
tribution to any "organization or fund" for the purposes designated
in Section 9905.
The account which Section 9901 requires includes (1) all contribu-
tions of any amount, (2) name and address of each contributor of
$100 or more, and date of contribution, (3) all expenditures made by
or on behalf of "such organization or fund," (4) name and address
of every person to whom any item of expenditure over $25 is made,
and the date thereof.
For every expenditure of "such funds," exceeding $25, a receipted
bill, stated the particulars, must be obtained.
These receipted bills and accounts must be kept for two years after
the filing of the statement (see paragraph (d), below) in which the
items of account are reported.
(c) The rendition, to the principal, of detailed accounts of contribu-
tions received is required by Section 9902.
Every "individual" (a narrower term than "person," used in Sec-
tion 9901) who receives a contribution of $100 or more for any of the
purposes designated in Section 9905 must within five days render to
the "person or organization" (in contrast to the words "organization
or fund" used in Section 9901) for which the contribution was re-
ceived, a detailed account thereof, including the name and address of
the contributor, and the date received.
(d) The filing of detailed statements of contributions received and
expenditures made is required by Section 9903.
Every "person" meeting the description contained in Section 9905
and receiving a contribution or expending money for any of the pur-
poses designated in subparagraph (a) or (b) of Sections 9905 (quoted
in paragraph (a), above) must file a statement complete as of the day
of filing between the first and tenth days of each calendar month
succeeding a month during any part of which the Legislature was in
session and at other times between the first and tenth days of the
month next following the close of such calendar quarter, except that the
statement filed in January must be cumulative for the next preceding
calendar year.
50 LEGISLATIVE ADVOCATES AND ORGANIZATIONS
III. PROVISIONS APPLICABLE TO PERSONS WHO ENGAGE THEMSELVES
FOR PAY TO INFLUENCE THE LEGISLATIVE PROCESS, INCLUDING
THE CERTIFICATION OF SUCH PERSONS BY THE HOUSES OF THE
LEGISLATURE
(a) The registration of "any person" engaged, for pay or for any
consideration, for the purpose of attempting to influence the passage
or defeat of any legislation by the Legislature or the approval or veto
of any such legislation by the Governor of California, is prescribed by
Section 9906.
In United States v. Harriss, 347 U. S. 612, the corresponding portion
of the Federal Regulation of Lobbying Act (2 U. S. C. Sec. 267) was
held to apply only to a person who seeks to influence legislation by
direct communication with members of Congress — by direct pressures
exerted by that person himself or through his hirelings or through an
artificially stimulated letter campaign.
Before any such person may do "anything in furtherance of such
object," he must register with the clerk and the secretary.
As noted in United States v. United States Savings & Loan League,
9 F. R. D. 450, under the corresponding provision of the federal law
(2 U. S. C. Sec. 267), a nonregistrant who engages himself for the
purpose of attempting to influence the passage or defeat of legislation
does not violate this provision unless he does something in furtherance
of the object of influencing legislation.
When registering, he gives
His name and business address.
Name and address of the person by whom he is employed, and
in whose interest he appears and works.
The duration of such employment.
How much he is paid or is to receive, and by whom paid or to
be paid.
How much he is to be paid for expenses, and what expenses are
to be included.
A written authorization from each person by whom he is author-
ized to act to influence legislation.
Such person shall again register at each succeeding general session of
the Legislature and again submit at that time such information and
authorization unless he is no longer engaged for pay or other considera-
tion for the purpose of attempting to influence the passage or defeat of
legislation or approval or veto by the Governor.
Each person so registering must, between the first and fifteenth days
of each month, so long as his activity continues, file a report showing :
In detail all money received and each expenditure of $25 or
more made by him during the preceding month in carrying on his
work; to whom paid and for what purposes.
The total of all expenditures made during the preceding calen-
dar month.
The names of any publications in which he has caused articles
or editorials to be published.
The proposed legislation he is employed to support or oppose.
LEGISLATIVE ADVOCATES AND ORGANIZATIONS 51
As noted in United States v. United States Savings & Loan League,
9 F. R. D. 450, interpreting the corresponding provision of the federal
law (2 U. S. C. Sec. 267), unless the person registers he does not com-
mit a crime by failing to comply with these reporting requirements.
These registration and reporting requirements do not apply to any
of the following :
A person who merely appears before a committee of the Legisla-
ture in support of or opposition to legislation. In United States v.
Slaughter, 89 F. Supp. 876, the identical exemption in the federal
law (2 U. S. C. Sec. 267) was held to apply to a person who ac-
cepts compensation for preparing written statements for use by
witnesses before legislative committees.
A public official acting in his official capacity.
A newspaper or other regularly published periodical (including
any individual who owns, publishes or is employed by such news-
paper or periodical) which in the ordinary course of business
publishes news items, editorials, or other comments, or paid adver-
tisements, which directly or indirectly urge the passage or defeat
of legislation, if such newspaper, periodical, or individual engages
in no further or other activities in connection with the passage or
defeat of legislation, other than to appear before a committee of the
Legislature.
A person when representing a bona fide church solely for the
purpose of protecting the public right to practice the doctrines of
such church,
(b) A person registered or required to be registered under Section
9600 must, under Section 9906.1 report certain employments.
A person engaged for pay to influence legislation who employs
or requests, recommends, or causes his employer to employ, and
such employer does employ, either: (a) a legislator, (b) an attache
of the Legislature, or (c) a full-time state employee, must report
such employment to the clerk and the secretary, naming the person
employed and giving the nature of the employment and the
amount of compensation to be paid. Such reports are required to
be filed within five days after the employment if the Legislature
is in session and, if not, within 10 days after the Legislature next
convenes.
(c) Certain employments are prohibited by Section 9906.2.
It is unlawful to employ a person for pay, or pay or agree to pay a
person, to attempt to influence legislation unless such person is regis-
tered under Section 9906, except upon condition that such person
register forthwith.
(d) Influencing legislation on a contingent fee basis is prohibited
by Section 9906.5, which provides that:
No person shall undertake, or make an agreement, to promote, advo-
cate, oppose or influence the passage or defeat of legislation or execu-
tive approval or veto thereof, or to communicate with legislators where
the consideration is to be paid on the contingency that legislation is
passed or defeated.
52 LEGISLATIVE ADVOCATES AND ORGANIZATIONS
(e) "Legislative advocate" is defined for the purposes of Sections
9909 and 9910 by Section 9911 as including any person registered or
required to be registered under Section 9906.
(f ) Specified obligations are imposed upon legislative advocates by
Section 9910. It is provided that violation of those obligations is cause
for revocation or suspension of a certificate of registration but does
not subject the violator to any other civil or criminal liability unless
otherwise provided by law. The specified obligations are :
1. Not to act as a legislative advocate unless registered or
accept compensation as such except on condition that he register
forthwith.
2. To abstain from purposely placing legislators under personal
obligation to him or his employer.
3. Never to attempt to deceive legislators as to material facts
pertinent to legislation.
4. Never to cause or influence the introduction of any bill or
amendment thereto for the purpose of thereafter being employed
to secure its passage or defeat.
5. To abstain from soliciting employment on a basis other than
his experience or knowledge in the field of activity of his em-
ployer.
6. To abstain from attempting to create a fictitious appearance
of public favor or disfavor as to legislation and from causing com-
munications to be sent to legislators, the Lieutenant Governor, or
the Governor in the name of fictitious persons or in the name of a
real person except with the consent of such real person.
7. With respect to legislation, not to encourage the activities of
or deal with a legislative advocate whose registration has been sus-
pended or revoked.
8. Not to represent that he can control the vote or action of
legislators or the approval or veto of legislation.
9. Not to represent interests adverse to his employer nor repre-
sent employers having adverse interests.
10. To retain for two years papers and documents necessary to
substantiate the financial reports required by this chapter.
(g) Enforcement powers and duties are vested in the houses of the
Legislature, acting through such appropriate committees as they estab-
lish, by Section 9909.
The houses acting through such committees have the power and duty :
1. To grant certificates of registration as legislative advocates
to persons registering under this law and supplying the informa-
tion required to be submitted at the time of registering who, after
investigation and submission of proof as the committees deem
proper, have been found to be of good moral character. The com-
mittees are required to consider whether the registrant has ever
been guilty of violating the obligations of a legislative advocate
in determining good moral character. Such obligations are set
forth in Section 9910 which is discussed above. Filing written
authorizations from employers is also made prerequisite to issuance
of a certificate.
LEGISLATIVE ADVOCATES AND ORGANIZATIONS 53
2. To revoke or suspend registration of legislative advocates
convicted of violating any provision of this law, or who, after
hearing, are found by either house of the Legislature or its auth-
orized committees to have violated any provision of this law or
the obligations of a legislative advocate.
3. To investigate, on their own motion or on the verified com-
plaint of any person, the activities of legislative advocates or any
person believed or alleged to be acting as such.
4. In connection with investigations or hearings, to take evi-
dence, administer oaths, and subpoena persons and papers.
5. To require unregistered persons attending legislative sessions
and communicating with legislators over a considerable period of
time, or any registered person regularly failing to appear at com-
mittee hearings on legislation affecting his employer, to appear
before the committee or either house of the Legislature and explain
their purposes and methods and identify the persons for whom
they act.
6. To recommend changes in the provisions of this law conducive
of the proper conduct of legislative business and consonant with
the right of persons to present their views to the Legislature
through agents of their own choosing.
7. To report violations of this law and certain other provisions
of law on related subjects to the appropriate law enforcement
officers.
IV. PENAL PROVISIONS
Section 9908 provides that violation of any section of the chapter
of a number lower than Section- 9908 ("any * * * of the foregoing
sections of this chapter"), willfully filing any document required which
contains any materially false statement or material omission, or will-
fully omitting to comply with any material requirement appearing in
a section of the chapter of a number lower than Section 9908, is a
misdemeanor punishable by a fine of not more than $5,000 or imprison-
ment for not more than 12 months or both. By limiting the penalties
to violations of "the foregoing sections of the chapter" the violations
of the obligations of a legislative advocate as set out in Section 9910
are not made criminal unless so made by a section in this law preceding
Section 9908 or by some other provision entirely outside of this law.
Conviction of any of the above misdemeanors carries with it a pro-
hibition, for a three-year period, against attempting to influence the
passage or defeat of proposed legislation or appearing before a legisla-
tive committee in support of or opposition to proposed legislation. A
person violating this prohibition is guilty of a felony, punishable by a
fine of not more than $10,000 or imprisonment in the state prison for
not more than five years or both.
COMPILATION OF TEXT OF CHAPTER 8 OF PART 1 OF DIVISION 2 OF TITLE 2 OF THE
GOVERNMENT CODE (COMMENCING WITH SECTION 9900), AS AMENDED THROUGH
THE 1955 REGULAR SESSION
9900. When used in this chapter
(a) The term "contribution" includes a gift, subscription, loan,
advance, or deposit of money or anything of value and includes a con-
54 LEGISLATIVE ADVOCATES AND ORGANIZATIONS
tract, promise, or agreement, whether or not legally enforceable, to
make a contribution.
(b) The term "expenditure" includes a payment, distribution, loan,
advance, deposit, or gift of money or anything of value, and includes
a contract, promise, or agreement, whether or not legally enforceable,
to make an expenditure.
(c) The term "person" includes an individual, partnership, com-
mittee, association, corporation, and any other organization or group
of persons.
(d) The term "clerk" means the Chief Clerk of the Assembly of
the State of California or such other person as the most recent Rules
of the Assembly then designate, and the term "secretary" means the
Secretary of the Senate of the State of California or such other person
as the most recent Rules of the Senate then designate.
(e) The term "legislation" means bills, resolutions, amendments,
nominations, and other matters pending or proposed in either house of
the Legislature, and includes any other matter which may be the
subject of action by either house.
(f) The term "political committee" includes any committee, asso-
ciation, or organization which accepts contributions or makes expendi-
tures for the purpose of influencing or attempting to influence the
election of candidates or presidential and vice presidential electors,
or any duly authorized committee or subcommittee of a political party
whether national, state, or local. (Added by Stats. Ex. Sess. 1949, Ch.
4; amended by Stats. 1st. Ex. Sess. 1950, Ch. 66.)
Note : Ch. 66 of Stats. 1st. Ex. Sess. 1950, also contained the following provision :
Sec. 11. If any provision of this act, or the application thereof to any person or
circumstances, is held invalid, the remainder of the act, and the application thereof
to other persons or circumstances, shall not be affected thereby.
9901. (a) It shall be the duty of every person who shall in any
manner solicit or receive a contribution to any organization or fund
for the purposes hereinafter designated to keep a detailed and exact
account of
(1) All contributions of any amount or of any value whatsoever;
(2) The name and address of every person making any such con-
tribution of one hundred dollars ($100) or more and the date thereof;
(3) All expenditures made by or on behalf of such organization or
fund; and
(4) The name and address of every person to whom any item of
expenditure exceeding twenty-five dollars ($25) is made and the date
thereof.
(b) It shall be the duty of such person to obtain and keep a receipted
bill, stating the particulars, for every expenditure of such funds
exceeding twenty-five dollars ($25) in amount, and to preserve all
receipted bills and accounts required to be kept by this section for a
period of at least two years from the date of the filing of the statement
containing such items. (Added by Stats. Ex. Sess. 1949, Ch. 4; amended
by Stats. 1st Ex. Sess. 1950, Ch. 66.)
9902. Every individual who receives a contribution of one hundred
dollars ($100) or more for any of the purposes hereinafter designated
shall within five days after receipt thereof render to the person or
organization for which such contribution was received a detailed
LEGISLATIVE ADVOCATES AND ORGANIZATIONS 55
account thereof, including the name and address of the person making
such contribution and the date on which received. (Added by Stats.
Ex. Sess. 1949, Ch. 4; amended by Stats, 1st Ex. Sess. 1950, Ch. 66.)
9903. (a) Every person receiving any contributions or expending
any money for the purposes designated in subparagraph (a) or (b)
of Section 9905 of this chapter shall file with the clerk and secretary
between the first and tenth day of each calendar month succeeding a
month during any part of which the Legislature was in session and at
other times during the year between the first and tenth day of the
month next following the close of each calendar quarter, provided that
the statement filed in January shall be cumulative for the next pre-
ceding calendar year, a statement containing complete as of the day
next preceding the date of filing.
(1) The name and address of each person who has made a contribu-
tion of one hundred dollars ($100) or more not mentioned in the pre-
ceding report ; except that the first report filed pursuant to this chapter
shall contain the name and address of each person who has made any
contribution of one hundred dollars ($100) or more to such person
since the effective date of this chapter ;
(2) The total sum of the contributions made to or for such person
during the calendar year and not stated under paragraph (1) ;
(3) The total sum of all contributions made to or for such person
during the callendar year ;
(4) The name and address of each person to whom an expenditure
in one or more items of the aggregate amount or value, within the
calendar year, of . twenty -five dollars ($25) or more has been made by
or on behalf of such person, and the amount, date, and purpose of such
expenditure ;
(5) The total sum of all expenditures made by or on behalf of such
person during the calendar year and not stated under paragraph (4) ;
(6) The total sum of expenditures made by or on behalf of such
person during the calendar year.
(b) The statements required to be filed by subsection (a) shall be
cumulative during the calendar year to which they relate, but where
there has been no change in an item reported in a previous statement
only the amount need be carried forward. (Added by Stats. Ex. Sess.
1949, Ch. 4; amended by Stats. 1st Ex. Sess. 1950, Ch. 66.)
9904. A statement required by this chapter to be filed with the clerk
and secretary,
(a) Shall be deemed properly filed when deposited in an established
post ofiice within the prescribed time, duly stamped, registered, and
directed to the Chief Clerk of the Assembly and Secretary of the Senate,
of the State of California, Sacramento, California, but in the event it
is not received, a duplicate of such statement shall be promptly filed
upon notice by the clerk of its nonreceipt ;
(b) Shall be preserved by the clerk and secretary for a period of two
years from the date of filing, shall constitute part of the public records
of his office, and shall be open to public inspection. (Added by Stats.
Ex. Sess. 1949, Ch. 4.)
9905. The provisions of Sections 9901 to 9903, inclusive, shall apply
to any person, except a political committee, who by himself, or through
56 LEGISLATIVE ADVOCATES AND ORGANIZATIONS
any agent or employee, or other persons in any manner whatsoever,
directly or indirectly, solicits, collects, or receives money or any other
thing of value to be used principally to aid, or the principal purpose
of which person is to aid, in the accomplishment of any of the follow-
ing purposes:
(a) The passage or defeat of any legislation by the Legislature of the
State of California or the approval or veto of any legislation by the
Governor of the State of Calfornia.
(b) To influence, directly or indirectly, the passage or defeat of any
legislation by the Legislature of the State of California or the approval
or veto of any legislation by the Governor of the State of California.
(Added by Stats. Ex. Sess. 1949, Ch. 4; amended by Stats. 1st Ex.
Sess. 1950, Ch. 68.)
9906. (a) Any person who shall engage himself for pay or for any
consideration for the purpose of attempting to influence the passage or
defeat of any legislation by the Legislature of the State of California
or the approval or veto of any legislation by the Governor of the State
of California shall, before doing anything in furtherance of such ob-
ject, register with the Clerk of the Assembly and the Secretary of the
Senate and shall give to those officers in writing and under oath, his
name and business address, the name and address of the person by
whom he is employed, and in whose interest he appears or works, the
duration of such employment, how much he is paid and is to receive,
by whom he is paid or is to be paid, how much he is to be paid for ex-
penses, and what expenses are to be included. He shall also, at the
time of registering, submit to the clerk and the secretary a written
authorization from each person by whom he is employed to act in fur-
therance of such object. Such person shall again register at each suc-
ceeding general session of the Legislature and again submit at that
time the information and authorization required by this subdivision
(a), unless he at that time is no longer engaged for pay or other con-
sideration for the purposes hereinabove specified.
(b) Each such person so registering shall, between the first and
fifteenth day of each calendar month, so long as his activity continues,
file with the clerk and secretary a detailed report under oath of all
money received and each expenditure of twenty-five dollars ($25) or
more during the preceding calendar month in carrying on his work ; to
whom paid ; for what purposes ; the total of all expenditures during the
preceding calendar month; and the names of any papers, periodicals,
magazines, or other publications in which he has caused to be published
any articles or editorials; and the proposed legislation he is employed
to support or oppose. The provisions of this section shall not apply to
any person who merely appears before a committee of the Legislature
of the State of California in support of or opposition to legislation ; nor
to any public official acting in his official capacity; nor in the case of
any newspaper or other regularly published periodical (including any
individual who owns, publishes, or is employed by any such newspaper
or periodical) which in the ordinary course of business publishes news
items, editorials, or other comments, or paid advertisements, which
directly or indirectly urge the passage or defeat of legislation, if such
newspaper, periodical, or individual, engages in no further or other
LEGISLATIVE ADVOCATES AND ORGANIZATIONS 57
activities in connection with the passage or defeat of such legislation,
other than to appear before a committee of the Legislature of the State
of California in support of or in opposition to such legislation ; nor to a
person when representing a bona fide church solely for the purpose of
protecting the public right to practice the doctrines of such church.
(c) All information required to be filed under the provisions of this
section with the Clerk of the Assembly and the Secretary of the Senate
and not previously published shall be compiled by said clerk and sec-
retary, acting jointly, as soon as practicable after the close of the calen-
dar month with respect to which such information is filed and shall be
printed in the Journal of the Assembly within the week immediately
preceding the constitutional recess, or within the week immediately pre-
ceding final adjournment, at each general session, or within the week
immediately preceding final adjournment at each budget session, which-
ever is the earliest date after such filing. (Added by Stats. Ex. Sess.
1949, Ch. 4 ; amended by Stats. 1st Ex. Sess. 1950, Ch. 66 ; amended by
Stats. 1st Ex. Sess. 1950, Ch. 69; amended by Stats. 1955, Ch. 713.)
9906.1. If any person registered or required to be registered under
Section 9906 hereof employs or requests, recommends, or causes his em-
ployer to employ, and such employer does employ, any Member of the
Legislature, or any attache of the Legislature, or any full-time state
employee, in any capacity whatsoever, he shall file a statement under
oath with the same officers with whom he registered under Section 9906,
setting out the nature of the employment, the name of the person to
be paid thereunder, and the amount of pay or consideration to be paid
thereunder. If the Legislature is in session at the time of such employ-
ment, the statement shall be filed within five days after such employ-
ment, and if the Legislature is not- in session, it shall be filed within 10
daj^s after the convening of the next session of the Legislature. (Added
by Stats. 1st Ex. Sess. 1950, Ch. 66.)
9906.2. It shall be unlawful for any person to employ for pay or
any consideration, or pay or agree to pay any consideration to, a per-
son to engage in activities for the purpose of influencing the passage or
defeat of any legislation or the approval or veto of any legislation who
is not registered under Section 9906 except upon condition that such
person register forthwith. (Added by Stats. 1st Ex. Sess. 1950, Ch. 67
as Section 9906.1; amended and renumbered by Stats. 1951, Ch. 37.)
9906.5. No person shall make any agreement whereby any compen-
sation or thing of value is to be paid to any person contingent upon
the passage or defeat of any legislation, or the approval or veto of any
legislation by the Governor of California. No person shall agree or
undertake to promote, advocate, oppose or influence legislation or to
communicate with Members of the Legislature, or to advocate approval
or veto by the Governor of California for a consideration to be paid
upon the contingency that any legislation is passed or is defeated.
(Added by Stats. 1st Ex. Sess. 1950, Ch. 66.)
9907. All reports and statements required under this chapter shall
be made under oath, before an officer authorized by law to administer
oaths. (Added by Stats. Ex. Sess. 1949, Ch. 4.)
58 LEGISLATIVE ADVOCATES AND ORGANIZATIONS
9908. (a) Any person who violates any of the provisions of the
foreofoing sections of this chapter, any person who wilfully files any
document provided for in this chapter that contains any materially
false statement or material omission, or any person who wilfully omits
to comply Avith any material requirement of the foregoinjr sections of
this chapter, shall be guilty of a misdemeanor, and shall be punished
by a fine of not more than five thousand dollars ($5,000) or imprison-
ment for not more than 12 months, or by both such fine and im-
prisonment.
(b) Tn addition to the penalties ])rovided for in subsection (a), any
person convicted of the misdemeanor specified therein is prohibited, for
a period of three years from the date of such conviction, from attempt-
ing to influence, directly or indirectly, tlie ])assage or defeat of any
proposed legislation or from appearing before a committee of the Legis-
lature in support of or opposition to proposed legislation; and any per-
son who violates any provision of this subsection shall, upon conviction
thereof, be guilty of a felony, and shall be })uiiislied by a fine of not
more than ten thousand dollars ($10,000), or imprisonment for not
moi-e than fixe years, or bv both such fine and imprisonment. (Added
bv Stats. p]x. Sess. 1949, Ch. 4; amended bv Stats. 1st Ex. Sess. 1950,
Ch. 66.)
9909. It shall be the duty and responsibility of the respective houses
of the Legislature, and they are each vested with the power, through
ap])ropriately established committees thereof as they shall determine :
1. To grant certificates of registration as legislative advocate to all
per.^ons registering under, and supplying the information in connec-
tion therewith as provided in. Section 9906 who, after such investiga-
tion and submission of such proof as the committees deem proper, have
been found to be of good moral character particularly as evidenced by
never having been guilty of conduct proscribed by Section 9910 and
specifically by subparagraphs 2, 3, 4, 6, and 8 of Section 9910 and who
have filed the written authorization required.
2. To revoke or suspend the certificate of registration of any legis-
lative advocate who has been convicted of violating any of the provi-
sions of this chapter or who, after a hearing, has been found by either
house of the Legislature or an authorized committee thereof to have
violated any of the provisions of this chapter or to have wilfully failed
to perform the obligations of a legislative advocate as set forth in this
chapter.
3. On their own motion, on the verified complaint of any Member of
the Legislature, or upon the verified complaint of any other person, to
investigate or cause to be investigated the activities of any legislative
advocate or of any person who they have reason to believe or who it is
alleged is or has been acting as a legislative advocate.
4. In making any investigation or in holding any hearing, to take and
hear evidence, administer oaths, and compel by subpena the attendance
of witnesses and the production of books, papers, and documents.
5. To reiinire any i)er.son who attends upon any legislative session
for any considerable period of time and communicates with Members
of the Legislature but who fails to regi.ster, or any person, who if
LEGISLATIVE ADVOCATES AND ORGANIZATIONS 59
registered, regularly fails to appear at committee meetings at which
legislation affecting his employer is considered, to appear before either
house of the Legislature or an authorized committee thereof and explain
his purpose in attending upon the legislative session and advise them
of the interests for whom he acts and the methods he employs in pro-
moting, advocating, opposing or influencing the passage or defeat of
legislation.
6. To recommend from time to time such amendments to this chap-
ter, or such other proposals as in their opinion would be conducive to
the proper conduct of legislative business without infringing upon the
right of all persons to present to the Legislature their views through
agents or agencies of their own choosing.
7. To report to the appropriate law enforcement officers any violation
of this chapter or of Section 35 of Article IV of the California Con-
stitution or of Sections 85 and 86 of the Penal Code or of Sections 9054
or 9056 of this code or of related provisions of law^ (Added by Stats.
1st Ex. Sess. 1950, Ch. 66.)
9910. A legislative advocate has the following obligation, violation
of which constitutes cause for revocation or suspension of a certificate
of registration, but shall not unless otherwise provided by law subject
a legislative advocate to any other civil or criminal liability :
1. Not to engage in any activity as a legislative advocate unless he
be registered as a legislative advocate, and not to accept compensation
for acting as a legislative advocate except upon condition that he forth-
with register as a legislative advocate.
2. To abstain from doing any act with the express purpose and in-
tent of placing any Member of the Legislature under personal obliga-
tion to him or to his employer.
3. Never to deceive or attempt to .deceive any Member of the Legis-
lature of any material fact pertinent to any pending or proposed
legislation.
4. Never to" cause or influence the introduction of any bill or amend-
ment thereto for the purpose of thereafter being employed to secure
its passage or defeat.
5. To abstain from soliciting any employment as a legislative advo-
cate except on the basis of his experience, or knowledge of the business
or field of activity in which his proposed employer is engaged or is
interested.
6. To abstain from any attempt to create a fictitious appearance of
public favor or disfavor of any legislative proposal or to cause an;v
communication to be sent to any Member of the Legislature, the Lieu-
tenant Governor, or the Governor, in the name of any fictitious person
or in the name of any real person, except with the consent of such real
person.
7. Not to encourage the activities of or to have any business dealings
relating to legislation or the Legislature with any person whose regis-
tration to act as a legislative advocate has been suspended or revoked.
8. Not to represent, either directly or indirectly, through word of
mouth or otherwise, that he can control or obtain the vote or action
of any member of committee of the Legislature, or the approval or
veto of any legislation by the Governor of California.
60 LEGISLATIVE ADVOCATES AND ORGANIZATIONS
9. Not to represent an interest adverse to his emploj'^er nor to repre-
sent employers whose interests are known to him to be adverse.
10. To retain all books, papfrs, and documents necessary to substan-
tiate the financial reports required to be made under this chapter for
a period of two years. (Added by Stats. 1st Ex. Sess. 1950, Ch. 66.)
191]. For the purposes of Sections 9909 and 9910, the term "legis-
lative advocate" includes any person registered or required to be
registered under Section 9906. (Added by Stats. 1st Ex. Sess 1950
Ch. 66.)
printed in cai ipoknia state pxintinc office
L-aao3-B-!r 4/eo 2S)
SUPPLEMENTAL LIST OF LEGISLATIVE
ADVOCATES AND ORGANIZATIONS
Supplement Corrected to June 12, 1959
Published by fhe
SENATE AND ASSEMBLY OF THE STATE OF CALIFORNIA
SPECIAL COMMITTEES ON LEGISLATIVE REPRESENTATION
ASSEMBLY COMMITTEE SENATE COMMITTEE
MYRON H. FREW, Chairman HUGO FISHER, Chairman
CHARLES H. WILSON, Vice Chairman STANLEY ARNOLD, Wee Chairman
CARLOS BEE DONALD L. GRUNSKY
CHARLES EDWARD CHAPEL JAMES J. McBRIDE
WALTER I. DAHL JOHN A. MURDY, JR.
RALPH N. KLEPS, Legislative Counsel
A. ALAN POST, Leglslaflve Analyst
LEGISLATIVE ADVOCATES
ALLEN, JAMES H., 315 So. Broadway, Los Angeles
California Check Cashers & Sellers Association
ALTMAN, HAROLD N., Room 321 Forum Building, Sacramento 14
National Association of Optometrists
BALDWIN, NORMAN D., 312 Crocker-Anglo Bank Bldg., Sacramento
Union Interchange Inc.
Universal Interchange Inc.
BLAINE, JACK L., 775 Post Street, San Francisco
Ted W. Heskett
BLBIFELD. SIDNEY, 416 W. Eighth Street, Los Angeles 14
Cash and Carry Dairy Association of ('alifornia
BREED. ARTHUR H., JR., 310 Fifteenth Street, Oakland 12
San Francisco Bar Pilots
BRC^WN, ARNOLD B., 600 Stockton Street, San Francisco
Metropolitan Life Insurance Co.
BROWN, WAT W., Senator Hotel or 917 Tenth St.
Pacific Finance Corporation, 055 South Western Ave., Los Angeles
BRUCE, N. D., 37 W. San Carlos St., San Jose
California Associated Schools of Cosmetologv
BRUNN, Mcknight, 707 Lathan Square Bldg.. Oakland 21
Alameda County Lettuce Growers Packers & Shippers
CHILDRESS, HENRY H., Senator Hotel, Sacramento
Pacific IVIutual Life Insurance Co.
CONN, ZEL L., El Mirador Hotel, Sacramento
Tobacco Distributors
9034 Sunset Blvd., Los Angeles
CONNOLLY, ARTHUR H., JR., 220 Bu.sh Street, San Francisco
Roadside Business Association
COTTER, FRANK T., Senator Hotel, Sacramento
Kevin M. Tuohy
650 South Grand Avenue, Los Angeles
CULVER, JAMES M., 8676 La Mesa Blvd., La Mesa
La Mesa Frozen Food Lockers Inc.
DEVANNEY, JANET W., Hotel Senator. Sacramento
California Cosmetic As'-tociation
1060 South Vail Ave., Los Angeles 22
DOHERTY. EMMETT E.. Senator Hotel, Sacramento
Pacific Finance Corporation
727 West Seventh St., Los Angeles
DOYLE, JEROME D., 1 Madison Avenue, New York City, N. Y.
]\letropolitnn Life Insurance Co.
DI'RKEE, FRANK P.., 1901 Eleventh Ave.. Sacramento
Retired State Government Employees Assoc.
FLEURY. GORDON A., 926 J Building, Sacramento
California State Employees Association
California Society of Psychiatric Technicians
FOSTER, HUGH *M., JR.. Hotel Senator, Sacramento
Pacific Finance Corporation
621 South Hope Street, Los Angeles 17
GARIBALDI. JAMES D., Hotel Senator, Sacramento
Northern California Harley-Davidson Dealers Assoc.
AVayne Pump Co.
510 West Sixth Street, Los Angeles
GARLAND, GORDON PL, Hotel Senator, Sacramento
California Music Merchants Assoc, Inc.
J. G. Boswell Co., Corcoran. Calif.
GARROD, EDNA MAY, El Mirador Hotel, Sacramento
Cupertino Sanitary District
California Farmers, Inc.
22651 Mt. Eden Road, Saratoga
GILCHRIST, JOHN P., 15th & N Streets, Sacramento
Imperial Ice Cream Co.
2677 Larkin Street, San Francisco
GUPTA, RUTH CHURCH, 2237 Chestnut Street, San Francisco
Committee to Save the Sea Lions
HENLEY, ALBERT T., Senator Hotel, Sacramento
Santa Clara Valley Water Conservation District
325 Porter Building. San Jose
HUNTER, RAY, 2223 Fulton St., Berkeley 4
California Farm Bureau Federation
HUTCHINS, J. BARTON, Senator Hotel, Sacramento
Edwin W. Pauley «& Associates
717 North Highland Avenue, Los Angeles
INNIS, R. D., Senator Hotel or 017 Tenth Street, Sacramento
Pacific Finance Corporation
15 North Market Street, San Jose
JESSUP, JOHN R., 1109 Ninth Street, Sacramento
Western Union Telegraph Co.
JOHNSON, ROBERTA, Hotel Senator, Sacramento
Butler & Hegner
112 West Ninth St., Los Angeles 15
KEATON, MORGAN, Hotel Senator, Sacramento
Pinkerton's National Detective Agency Inc.
8.54 South Spring Street, Los Angeles 13
KENNEDY, ANTHONY J., 635 Forum Building, Sacramento
Schenley Industries, Inc.
KOPP, CHARLES L., Senator Hotel, Sacramento
Pacific Finance Corporation
621 South Hope Street. Los Angeles 17
KULL, OLEN I., El Mirador Hotel, Sacramento
Household Finance Corporation
650 South Grand Avenue, Los Angeles 17
LANNING, MRS. JESSIE I., 10 Nile Street, Bakersfield
Kern County Property Owners Association
LEPORINI, DOROTHY, 1040 Ninth Avenue, Sacramento
California Associated Schools of Cosmetology
1630 O Street, Sacramento
LERTEN, ERWIN, 315 West Ninth Street, Los Angeles 15
Dealers Employers Association
LOWENTHAL, ALFRED, 465 West 7th Street, San Pedro
California Associated Schools of Cosmetologv
LUETHY, FRANK G., 2708 Clay Street, North Sacramento 15
International Brotherhood of Boilermakers
McGOWAN, WILLIAM, California Hotel, Sacramento
Los Angeles Firemen's Relief Association
644 South Figueroa Street, Los Angeles 17
MAES, LAURENCE A., Hotel Senator. Sacramento
Alameda County Milk Dealers Association
354-21st Street, Oakland
MALLICOAT, ROBERT R., California Hotel, Sacramento
Los Angeles Firemen's Relief Association
321 S. Beverly Drive, Beverly Hills
MASAOKA, JOE GRANT, 640 Brannan Street, San Francisco 7
California State Florists' Association
MITCHELL, DONALD A., 431 Forum Bldg., Sacramento
Olivetti OSice Machines Co.
MOSKOVITZ, ADOLPH, 926 J Building, Sacramento
County of Nevada
Placer County Board of Supervisors
Sierra County
MTTNRO, RUSSELL S., 5329 Caleb Avenue, Sacramento
Fountain Freezer Association
Associated Merchants & Y. M. Edmonds Ltd.
NATAPOFF, IMILTON, El Mirador Hotel, Sacramento
Farm Leases Inc.
14000 S. Avalon Blvd., Los Anseles
NELSON, HERRI, 735 Industrial Way, San Carlos
Peninsula Builders' Exclianjre
Construction Employers Association
California Council of Insurance Buyers
O'HARA, JOHN F., Senator Hotel, Sacramento
California Labor Industry Committee for Shipbuilding
530 West Sixth Street, Los Angeles
PETERS, OLIVE L., 141 B Harvard, Claremont
League of Women Voters of California
PEYSER, JEFFERSON B., Senator Hotel, Sacramento
Dr. Milton B. Rich, San Francisco
Dr. Berry Bleeck. Los Angeles
Dr. S. Gordon, Oxnard
Suite 1616 Mills Tower, San Francisco 4
PHILLIPS, JA:MES H., 926 J Building, Sacramento
Pacific Blind Products Co.
POTRUCH. FREDERICK A., 315 West Ninth St., Los Angeles 15
Dealers Employers Association
RAREY, ARTHUR, 484-12th Street, Oakland
California Associated Schools of Cosmetology
REDWINE, H. KENT, El Mirador Hotel, Sacramento
Pacific Finance Corporation
1618 N. Las Palmas, Hollywood 28
REEVES, L. A., El Dorado Hotel, Sacramento
Metropolitan Transit xVuthority
609 South Grand Avenue, Los Angeles
REILLY, JAMES J., El Mirador Hotel, Sacramento
National Automatic Sprinkler & Fire Control Assoc.
335 Hayes Street, San Francisco
REYNOLDS, ROBERT F., Senator Hotel, Sacramento
American Marine Exploration Co., Inc.
205 E. Carrillo Street, Santa Barbara
RICHTER, GEORGE R., 458 South Spring St., Los Angeles
C. I. T. Corporation
SCHIAVENZA, JOHN T., 701 Thirteenth Street, Oakland 12
California Conference of Machinists
SELIG, GAIL B., Senator Hotel, Sacramento
California Cosmetic Association
650 South Grand Avenue, Los Angeles
SPENCER, J. C, Hotel Senator, Sacramento
California State Automobile Association
150 Van Ness Avenue, San Francisco
STECK, EMIL, JR., Senator Hotel, Sacramento
Dairy Institute of California
234 East Colorado Street, Pasadena
STOOPS, CLYNE E., Senator Hotel, Sacramento
Corporation Unemployment Tax Service
2131 University Avenue, Berkeley
THOMPSON, JOHN H., 600 Stockton Street, San Francisco
Metropolitan Life Insurance Co.
WALTERS, MERTON A., 1918 Grove Street, Oakland 12
International Brotherhood of Electrical Workers
WEBER, ALBERT E., 7831 East Jackson Street, Paramount
Protected Milk Producers Association
ORGANIZATIONS
ALAMEDA COUNTY LETTUCE GROWERS, PACKERS & SHIPPERS
Brunn, McKnisht
ALAMEDA COUNTY MILK DEALERS ASSOCIATION
Maes, Laurence A.
AMERICAN MARINE EXPLORATION CO., INC.
Reynolds, Robert F.
ASSOCIATED MERCHANTS & Y. M. EDMONDS LTD.
Munro, Russell S.
BLEECK, DR. BERRY
Peyser, Jefferson E.
BOSWELL, J. G., COMPANY
Garland, Gordon H.
BUTLER & HEGNER
Johnson, Roberta
CALIFORNIA ASSOCIATED SCHOOLS OF COSMETOLOGY
Bruce, N. D.
Leporiui, Dorothy
Lowenthal, Alfred
Rarev, Arthur
CALIFORNIA CHECK CASHERS & SELLERS ASSOCIATION
Allen, James H.
CALIFORNIA COUNCIL OF INSURANCE BUYERS
Nelson, Herm
CALIFORNIA FARM BUREAU FEDERATION
Hunter, Ray
CALIFORNIA FARMERS, INC.
Garrod, Mrs. Edna May
CALIFORNIA LABOR INDUSTRY COMMITTEE FOR SHIPBUILDING
O'Hara, John F.
CALIFORNIA CONFERENCE OF MACHINISTS
Schiayenza, John T.
CALIFORNIA COSMETIC ASSOCIATION
Deyanney, Janet W.
Selig, Gail B.
CALIFORNIA MUSIC MERCHANTS ASSOCIATION, INC.
Garland, Gordon H.
CALIFORNIA SOCIETY OF PSYCHIATRIC TECHNICIANS
Fleurv, Gordon A.
CALIFORNIA STATE AUTOMOBILE ASSOCIATION
Spencer, J. C.
CALIFORNIA STATE EMPLOYEES ASSOCIATION
Fleury, Gordon A.
CALIFORNIA STATE FLORISTS' ASSOCIATION
Masoaka, Joe Grant
CASH & CARRY DAIRY ASSOCIATION OF CALIFORNIA
Bleifeld, Sidney
C. I. T. CORPORATION
Richter, Georsje R.
COMMITTEE TO SAVE THE SEA LIONS
Gupta. Ruth Chuix-h
CONSTRUCTION EMPLOYERS ASSOCIATION
Nelson, Herm
CORPORATION UNEMPLOYMENT TAX SERVICE
Stoops. Clyne E.
CUPERTINO SANITARY DISTRICT
Garrod, Mrs. Edna May
DAIRY INSTITUTE OF CALIFORNIA
Steck, Emil, Jr.
DEALERS EMPLOYERS ASSOCIATION
Lerten, Erwin
Potruch, Frederick A.
FARM LEASES INC.
Natapoff, Milton
FOUNTAIN FREEZER ASSOCIATION
Muiiro, Russell S.
GORDON, DR. S.
Peyser, Jefferson E.
HESKETT, TED W.
Blaine, Jack L.
HOL'SEHOLD FINANCE CORPORATION
Kull, Olen I.
IMPERIAL ICE CREAM CO.
Gilchrist, John P.
INTERNATIONAL BROTHERHOOD OF BOILERMAKERS
Luethy, Frank G.
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
Walters, Merton A.
KERN COUNTY PROPERTY OWNERS ASSOCIATION
Lanuing, Mrs. Jessie I.
LA MESA FROZEN FOOD LOCKERS INC.
Culver, James M.
LEAGUE OF WOMEN VOTERS OF CALIFORNIA
Peters, Olive L.
LOS ANGELES FIREMEN'S RELIEF ASSOCIATION
McGowan, William
Mallicoat, Robert R.
METROPOLITAN LIFE INSURANCE CO.
Brown, Arnold B.
Doyle, Jerome D.
Thompson, John H.
METROPOLITAN TRANSIT AUTHORITY
Reeves, L. A.
NATIONAL ASSOCIATION OF OPTOMETRISTS
Altman, Harold N.
NATIONAL AUTOMATIC SPRINKLER & FIRE CONTROL ASSOCIATION
Reillv, James J.
NEVADA COUNTY
Moskovitz, Adoljth
NORTHERN CALIFORNIA HARLEY-DAVIDSON DEALERS ASSOC.
Garibaldi, James D.
OLIVETTI OFFICE MACHINES CO.
Mitchell, Donald A.
PACIFIC BLIND PRODUCTS CO.
Phillips, James H.
PACIFIC FINANCE CORPORATION
Brown, Wat W.
Doherty, Emmett E.
Foster, Hugh M., Jr.
Innis, R. D.
Kopp, Charles L.
Redwine, H. Kent
PACIFIC MUTUAL LIFE INSURANCE CO.
Childress, Henrv H.
PAULEY, EDWIN W. & ASSOCIATES
Hutchins, J. Barton
PINKERTON'S NATIONAL DETECTIVE AGENCY INC.
Keaton, Morgan
PLACER COUNTY BOARD OF SUPERVISORS
Moskovitz, Adolph
PROTECTED MILK PRODUCERS ASSOCIATION
Weber, Albert E.
RETIRED STATE GOVERNMENT EMPLOYEES ASSOC.
Durkee, Frank B.
RICH, DR. MILTON B.
Peyser, Jefferson E.
ROADSIDE BUSINESS ASSOCIATION
Connolly, Arthur H., Jr.
SAN FRANCISCO BAR PILOTS
Breed, Arthur H., .Jr.
SANTA CLARA VALLEY WATER CONSERVATION DIST.
Henlev, Albert T.
SCHENLEY INDUSTRIES, INC.
Kennedy, Anthony J.
SIERRA COUNTY
Moskovitz, Adolph
TOBACCO DISTRIBUTORS
Conn, Zel L.
TUOHY, KEVIN M.
Cotter, Frank T.
UNION INTERCHANGE INC.
Baldwin, Norman D.
UNIVERSAL INTERCHANGE INC.
Baldwin, Norman D.
WAYNE PUMP CO.
Garibaldi, James D.
WESTERN UNION TELEGRAPH CO.
Jessup, John R.
TERMINATED
ADVOCATES
ARCHIBALD, A. L., 2490 Channlng Way, Berkeley
California Council of the Blind, Inc.
KEATON, MORGAN, 354 S. Spring Street, Los Angeles
California Racing Information Association
WAKEFIELD, HAROLD S., Senator Hotel, Sacramento
Dairy Institute of California
ORGANIZATIONS
CALIFORNIA COUNCIL OF THE BLIND, INC.
Archibald, A. L.
CALIFORNIA RACING INFORMATION ASSOC.
Keaton, Morgan
DAIRY INSTITUTE OF CALIFORNIA
Wakefield, Harold S.
prhiteil in California state printing office
L-34 6-59 2M
SIXTH PARTIAL REPORT
SENATE INTERIM COMMITTEE ON THE TREATMENT
OF MENTAL ILLNESS
Senate Resolution No. 160
May 30, 1957
MEMBERS OF THE COMMITTEE
ALAN SHORT, Chairman
NATHAN F. COOMBS, Vice Chairmon
J. WILLIAM BEARD JOHN J. HOLLISTER, JR.
A. A. ERHART JOHN F. THOMPSON
J. HOWARD WILLIAMS
JEAN KORiCH, Execufive Secretary
March, 1959
Published by the
SENATE
OF THE STATE OF CALIFORNIA
GLENN M. ANDERSON
President of fhe Senate
HUGH M. BURNS JOSEPH A. BEEK
President pro Tempore Secretary
CONTENTS
Page
Letter of Transmittal 5
Observations 8
Recommendations 10
Appendix I 17
Appendix II 21
(3)
LETTER OF TRANSMITTAL
UACUAMiiiiro 14, CALtrouaiA, l^Uir<sh 30, VJO'J
Premdent of ifm Benaie, and Memherg of ihf; H^naU:
Qf^riMUim: Your tkrwitf; Interim Cwximilt^ tm {km TT(^im*:ui of
tain wwf."lti*iiofi,» and r«: .^j*.
li<i«p^'tfiaJly mhmiii^,
AtjAH BumtTf Chuirmati
Nathan F. Coojcbs, Vieer C
J. WniAAu Beabd
A. A. Ebha£t
JOHSf F, TfliOMPS<JJS
J, HcmrABi> WnXJAM«
On October 21 and 22, 1958, the Senate Interim Committee on the
Treatment of Mental Illness held hearings in Los Angeles, California.
The purpose of these hearings can best be illustrated by the com-
mittee's letter of invitation which was sent to interested groups, and
is printed below. Because it clearly sets forth the purpose and scope
of the hearing, it is not necessary to comment on its contents.
Senate Interim Committee
ON Treatment of Mental Illness
Sacramento 14, California
The Senate Interim Committee on the Treatment of Mental Ill-
ness will hold a public meeting in Los Ang-eles on October 20 and
21, 1958. This meeting will commence at 10 a.m. in Room 115 of
the State Building.
This meeting is being held to assist this committee in evaluating
and planning for the rapid changes taking place in mental illness
programing. It is hoped that the comments of those participating
at this meeting will be helpful in guiding this committee in formu-
lating legislation for the next regular session of the Legislature.
At this meeting, representatives from state, county, and munici-
pal government ; the Department of Mental Hygiene ; the Depart-
ment of Finance; Legislative Analyst; California Medical Asso-
ciation— P.sychiatric Division; L^niversity of California's two
Neuro-Psyehiatric Institutes ; national, state and local mental
health groups; the pharmaceutical industry; and other interested
groups and individuals will be invited to present their opinions
and views.
Among the subjects we expect to cover will be :
1. Treatment (current and future trends).
2. Research and training.
3. Community services.
4. Should mental hospitals be smaller and more diffuse?
Because we know of your keen interest in the problem of mental
illness, we would appreciate having your views expressed at this
meeting. In order to prepare an agenda it will be necessary to
know in advance which of the above subjects you prefer to com-
ment upon. We would, therefore, appreciate having your views
in written form not later than September 30th.
May we hear from you at your earliest convenience as to whether
we can count on your presence.
Sincerely yours,
/s/ Alan Short
Alan Short, Chairman
In the interest of time and economy, the verbatim testimony of the
various witnesses is summarized.
(7)
8 SENATE INTERIM COMMITTEE
OBSERVATIONS
1. Of the many issues which were raised by more thau 30 well-quali-
fied witnesses who testified during the two days of this committee's
hearings in Los Angeles last October, none was more frequently raised
than the problem of the big mental hospital.
Evidence was presented that, during the past decade, California has
been adding thousands of beds to existing mental hospitals. When
present construction is completed, six of our state mental hospitals
will be in the 4,000- to 5,000-bed range.
There is a growing movement in America against the building of
large mental hospitals. During the last couple of years, leaders of the
American Psychiatric Association have stated forcefully that it is
difficult and many times impossible to staff these large mental hospitals
and therefore develop active treatment programs in them.
We also received testimony that there are a number of studies docu-
menting the fact that the big mental hospital is uneconomic, since its
unwieldly size encourages duplication of service, lack of personal con-
tact, and high personnel turnover.
There have been many impressively documented and authoritative
attacks on the big mental hospital of which one report stated the fol-
lowing : ' ' The committee is convinced that it is, in general, undesirable
to build new psychiatric hospitals for more than 1,000 patients. It is
well known, of course, that many hospitals exist which far exceed this
size. It is essential that everything should be done to discourage the
building of more hospitals of this type. Indeed, the figure of 1,000
patients which the committee puts forward is, in the opinion of a
majorit}^ of its members, not put forward as representing the optimum
size; it is put forward as a size which should on no account be ex-
ceeded. From the point of view of therapeutic efficiency, these members
of the committee hold that a better size would be somewhere between
300 and 1,000 beds. The committee is well aware of many arguments
put forward in favor of very much larger units. These arguments are
frequently based on the supposed reduction in the cost per patient per
daj^ obtainable in a larger unit. It appears, however, that the wide-
spread belief in the economy of very large hospitals is probably un-
founded," and further:
"Recent studies have suggested that from a point of view of financial
economy the optimum capacity for hospitals probably lies between 250
and 400 beds. Smaller establishments are expensive because of their
lower average percentage of occupants and the difficulty of amortizing
technical equipment which is not in full use. Above 400 beds, the cost
per bed begins to increase slowly and reaches rather high figures above
800 beds. The reason is probably uncontrollable wastage, lack of respon-
sibility on the part of too large a staff, unnecessary buying, and an
industrial tj-pe of mechanization which is inevitable in very large
hospitals ; one must add to these the impossibility of sustained personal
contact between the director and hundreds of hospital workers."
This same report goes on to say : ' ' Many countries will be burdened
for a long time to come with large obsolete hospitals built years ago to
TREATMENT OF MENTAL ILLNESS 9
fit a conception of the role of tlie mental hospital which is now com-
pletely rejected. " ^
TESTIMONY SUMMARIZATION
In his testimony before this committee, Mr. A. Alan Post, Legislative
Analyst, came to the heart of the issue when he called for a new set of
goals in determining how we treat mental patients. Mr. Post emphasized
the enormous responsibility of the legislature in developing these goals,
since its appropriations will reflect the emphasis it places on the various
methods of treating mental illness.
Testifying on behalf of the Southern California Psychiatric Society,
Dr. Eugene Pumpian-Mindlin also made an urgent plea for new and
flexible goals. He testified that "The general field of the behavioral
sciences is such a rapidly expanding and developing field that it is
tremendously important that we keep ourselves open to the possibility
of new and different approaches. ' '
There was a great deal of criticism directed at the isolated location
of many of the existing mental hospitals. For example, Dr. Daniel Lie-
berman, Superintendent of Mendocino State Hospital, stated that "The
areas of greatest population from where most of the sick people come
are pretty much devoid of mental hospitals. For example, Los Angeles
County, which has the largest number of admissions of mentally ill
patients, has only one mental hospital. San Francisco County, the sec-
ond largest population center, has none. Alameda County, the third
largest population center from the standpoint of admission of mentally
ill people, has none. San Diego County, the fourth largest population
center of mentally ill people, has none. These places are in dire need of
psychiatric centers. ' '
Dr. Lieberman emphatically made the point that since mental illness
more than any other disease is concerned with relationships between
individuals, it is of prime importance that the treatment take place in
a location where the patient lives and w^here the family and other social
forces can be brought into a supportive role.
' ' There must be an immediate reconsideration of the State 's position
in mental hospital construction so that all further construction will be
in the large population areas of the greatest need, and so that we may
apply that knowledge which we now have to return patients to the
community rapidly," Dr. Lieberman testified. "We must break the
vicious cycle of perpetuating chronicity of mental illness through appli-
cation of standards which are the carry-over from a previous era. ' '
Merely to add a thousand or two thousand beds to an existing hospital
is hardly planning for the future. It is the committee's feeling that the
Department of Finance has been hoth lax and unimaginative in per-
petuating the groivth of hospitals already too large for effective treat-
ment. We received testimony from Mr. Mike Gorman, Executive Director
of the National Committee Against Mental Illness, that Departments
of Finance throughout the Country seem to play the dominating role
in deciding upon the location and size of additional hospital construc-
tion. In most cases cited by Mr. Gorman, the Departments of Finance
1 The Community Mental Hospital, world health organization, Technical Report Series,
1953.
10 SENATE INTERIM COMMITTEE
pay little attention to the adrice of psychiatric oflficials as to the opti-
mum size and location of these hospitals from a therapeutic point of
vie"w.
RECOMMENDATION
The committee recommends that no additional mental hospital
beds be built in California without the approval of the Director
of the Department of Mental Hygiene. Furthermore, the commit-
tee requests the Director of the Department of Mental Hygiene to
prepare an overall plan for the location of a limited number of
small mental hospitals or psychiatric centers in key population
areas of the State.
2. The committee is of the opinion that the issue of the big mental
hospital points up the lack of co-ordinated planning within the admin-
istrative departments of the State of California. This lack of a clear-cut
set of objectives on this point can have disastrous economic and humani-
tarian consequences to the people of California.
For example. Mr. Robert Harkness. Assistant Director of the Depart-
ment of Finance, told this committee that present projections indicated
a need for 12,000 to 14.000 more mental hospital beds in California in
the nest decade. Most of this need was predicated upon a projected
22,000.000 population in CaUfornia by 1970.
However, a rise in population does not mean an ine^-itable rise in
state mental hospital beds. Dr. Marshall Porter. Director of the Depart-
ment of Mental Hygiene, testified that admissions to state mental hos-
pitals in Fiscal 1958 totaled 22.000 — 2.000 more than in the previous
year. Yet, despite this sharp rise in admissions, the total mental hospital
population in the State had dropped by about 100. In other words, the
intensive application of the new drugs and other treatments had in-
creased the discharge rate and reduced the patient population even
though admissions had risen sharply.
If you take a defeatist attitude, as the Department of Finance seems
to, you project these 14.000 additional beds as inevitable and you figure
that at varying estimates between $10,000 and $20,000 a bed' they will
cost the taxpayers of California an optimum of $280,000,000.
However, if one is fully aware of recent developments in psychiatry,
one cannot safely regard this projection as totally realistic. It really
boils down to a question of attitude. If one has a 'Director of the De-
partment of Mental Hygiene who comes out flatly and says that he wiU
not build any additional large mental hospitals, he can make this
philosophy work. He can tap a whole set of community resources to
keep people out of mental hospitals ; if he has to build additional hos-
pital beds, he can build them in the large metropolitan areas, preferably
as part of existing general hospitals.
RECOMMENDATION
The committee recommends that the Department of Mental
Hygiene make every effort to concentrate psychiatric treatment
in the heart of the community. The committee further recom-
mends that the department work out plans in co-operation with
TREATMENT OF MENTAL ILLNESS 11
the medical schools, general hospitals, and medical practitioners
of the State, leading to the gradual transfer of most psychiatric
treatment from the state mental hospital to the various medical
resources in the community.
3. The committee is fully aware of the difficulties involved in devel-
oping effective eommnnity psychiatric resources. What is really needed
is a great deal of professional and lay leadership in setting up priorities
in the establishment of these community facilities.
It was the general consensus of the witnesses at the Los Angeles
hearings that the psychiatric unit in the general hospital offers the
greatest hope of developing a new kind of public psychiatry rooted
in the community. Although some progress has been made during the
past few years, the committee was shocked to learn how few psychi-
atric beds there are in the general and private hospitals in California.
This slowness in developing the psychiatric unit in the general hospital
is most surprising, since there is general professional agreement that
it is really the ideal place for treating most mental patients. It is
accepted by the family, and it is the hub of all community medical
activities. Hospitalizing a mental patient in a general hospital not only
removes much of the stigma from mental illness, but it brings to the
mental patient a great many medical resources not now available to
him in the isolated mental hospital.
Speaking to this very point, Dr. J. B. Lomas, representing the Los
Angeles County Medical Association, testified that ''the increased
opportunity for early diagnosis and treatment of psychiatric problems
on a local level will eventually markedly reduce the psychiatric casu-
alties that end up in state mental hospitals undergoing prolonged and
costly psychiatric care. This has produced greater confidence in psychi-
atrists and is permitting them to become a part of many of the private
and nonprofit general hospitals where psychiatric units have been de-
veloped. * * * This is the trend that is 'bringing psychiatry hack into
the field of medicine. I can't emphasize enough how this is increasing
the personal contacts of other branches of medicine and psychiatry."
Dr. Lomas, in addition to advocating psychiatric units in general
hospitals, also recommended smaller mental hospitals built in metro-
politan areas near general hospitals. He pointed out that these hos-
pitals would be more easily staffed and could be designed for flexible
use as either day or night care facilities.
We feel confident that many of the community mental health boards
set up under the Short-Doyle Act will push for additional psychiatric
units in general hospitals. However, the initial construction of each
bed is an expensive item. And this is an area where the philosophy
and the planning of the State Department of Mental Hygiene can
bring a great deal of influence to bear. For example, instead of building
another large mental hospital in Los Angeles County, why can't the
State construct a number of psychiatric beds at the various general
hospitals scattered throughout the county?
12 SENATE INTERIM COMMITTEE
RECOMMENDATION
The committee recommends that the State Department of
Mental Hygiene make a study of how it can best promote the
development of psychiatric units in general hospitals throughout
the State. The committee would like this study to include com-
parable cost figures on psychiatric beds in general hospitals as
compared with additional beds in state mental hospitals.
4. Closely related to the question of additional psychiatric beds in
general hospitals is the ability of mental patients to afford them. Too
many psychiatric beds today are beyond the economic reach of the
average family. Most health insurance policies, as a holdover from
the past, still discriminate against mental illness in their basic coverage.
A number of legislative committees in other parts of the Country have
begun looking into this problem. This committee feels it has a duty
to investigate health insurance coverage of mental illness in California.
It plans to conduct hearings on this subject in the fall of this year.^
The development of psychiatric facilities for the treatment of dis-
turbed children is also a great challenge to the community. California
has four state mental hospital units for disturbed children, and two
of these are some distance from metropolitan communities.
California must develop a whole network of treatment facilities for
disturbed children. At the preventive end of the spectrum, there must
be a sizable investment in psychiatric services in the schools. At the
treatment end of the spectrum, there should be a number of small
residential treatment centers, preferably tied into the general hospitals
in our larger cities. It is of the utmost importance to treat the child
in a setting which he and his family find natural and acceptable. It is
totally unnatural and unacceptable to send the disturbed child to a
large isolated mental hospital where it is completely lost and utterly
frightened.
The committee also received a great deal of testimony as to the need
for after-care and rehabilitation services. As was pointed out at the
hearings, California has a high rate of readmissions to its state mental
hospitals. One of the reasons for this high rate of readmissions is the
paucity of after-care clinics in the state mental hospital system. Fur-
thermore, most of these after-care clinics are located a great distance
from metropolitan centers.
The Department of Mental Hygiene must develop a clear-cut after-
care policy. It must locate these after-care clinics in the major metro-
politan areas where they are accessible to discharged patients. The
department must also agree to distribute drugs to patients who have
been discharged from state mental hospitals, but who have been placed
for a relatively short period of time on maintenance dosages of one
of the tranquilizing drugs. It is much cheaper in the long run to
provide a small amount of money for continuing maintenance drugs
than to have to construct thousands of additional beds for patients
whom the State refuses to try to maintain in the community.
2 In this reg-ard please see in Appendix I the letter from Maurice D. Gershenson,
Chief Research Director, Division of Labor Statistics.
TREATMENT OP MENTAL ILLNESS 13
In addition to after-care clinics, there is an evident need for half-
way houses or transitional facilities where mental patients can bridge
the very difficult gap from the state mental hospital back to their home
and community. Portals House in Los Angeles, although operating on
a budget of only $12,000 a year, is an excellent example of what such
a facility can do in keeping mental patients from returning to the
mental hospital. There is need for a whole chain of halfway houses
similar to Portals House.
RECOMMENDATION
The committee recommends that the Department of Mental
Hygiene and the California Conference of Local Mental Health
Directors get together and decide on priorities in the develop-
ment of community mental health services. The committee is
hopeful that out of such a meeting will come both the required
leadership in this field and a clear delineation of the real re-
sponsibilities of the State of California and of the various locali-
ties in financing such community services as residential treatment
centers for children, halfway houses, etc,
5. The committee does not want to leave the impression that the
development of a new and dynamic public psychiatry' in California
can be accomplished overnight. In achieving the goals so far outlined
in this report, there are two basic ingredients which must be strength-
ened— research and training. Research produces the knowledge from
which comes effective psychiatric treatment. At that point, psychiatric
personnel in great numbers are needed to distribute the fruits of this
knowledge to thousands of mentally ill people.
It was brought out time and again in the Los Angeles hearings that
California is spending a very small percentage of its total mental health
budget on psychiatric research. Several witnesses pointed out that the
1954 National Governors' Conference on Mental Health proposed that
5 percent of a state mental health budget be allocated to research. If
this yardstick is used, the California expenditure of approximately
$500,000 falls far below the minimum of $5,000,000 required to meet
the 5 percent figure.
However, the committee was impressed with the long-range research
plans of Dr. Leon Epstein, the Chief of Research of the Department of
Mental Hygiene. The following excerpt from Dr. Epstein's testimony
reveals the thoughtfulness with which he is attacking the problem:
'*In the development of its research program it was, and is, the con-
viction of the department that we must have a broad view of research,
and that a comprehensive research program must include both basic
and applied research. Projects in a department of mental hygiene
should encompass, for example, continuing evaluation of our overall
program as well as evaluation of specific therapeutic techniques ; studies
of causative factors in mental illness; preventive psychiatry; epi-
demiological aspects of mental illness; research into emotional prob-
lems of the geriatric group ; biochemical and physiological research, as
well as research into sociological aspects of mental disease. ' '
14 SENATE INTERIM COMMITTEE
Dr. Epstein outlined for the committee a compretiensive distribu-
tion of research tasks among the many facilities in the State. He
reported that most of the basic research would be carried out in co-
operation with various university departments. The neuropsychiatric
institutes — Lanoley Porter and UCLA — will carry a key role as the
leading research centers within the State Department of Mental Hy-
giene. Dr. Epstein also emphasized the importance of clinical research
in our state mental hospitals, outpatient clinics, and field offices of
the Bureau of Social Work.
The committee was impressed with the quality of research currently
being conducted. For example, at Napa State Hospital the department
is conducting a long-term study of the effect of a number of tranquil-
izing drugs on chronically ill schizophrenic patients.* The Neuro-
psj'chiatric Institute at UCLA is beginning a study on the use of these
drugs on patients who come to its outpatient clinic. In the area of
mental retardation, a research project of national significance is under
way at Pacific State Hospital on both the physiological and psycho-
logical factors involved in the diagnosis of that disease. There are many
additional research studies throughout the system which were listed
by the director of research of the IDepartment of Mental Hygiene.
This director agreed that the proposed $5,000,000 annual allocation
for research was "not an inconsistent one for this department, and
one which is approximated by several other states at the present time. ' '
However, he warned the committee that such a rapid buildup of re-
search effort would demand a greater number of additional research
workers.
The major weakness in the California research program is the ab-
sence of a broad plan for the training of these research workers. The
State must offer research fellowships not only in the field of psychiatry,
but in psj^chology and in the biological sciences related to mental ill-
ness. It also must strengthen the research units at the neuropsychiatric
institutes and the major mental hospitals so that they can adequately
finance an ambitious research training program.
RECOMMENDATION
The committee recommends that the Department of Mental
Hygiene institute a program of research fellowships to Individ'
uals who show promise, and of research grants to institutions
qualified to carry out training programs in the field of psychiatric
research,
6. Probably the greatest weakness in the California mental health
program is the lack of trained psychiatric personnel — the psychiatrists,
psychologists, social workers, nurses, attendants, and other therapists
upon whom falls the major burden of treating the mentally ill.
In its previous hearings, the committee brought to public attention
the fact that California falls far short of meeting the minimum per-
sonnel standards of the American Psychiatric Association. To meet
these minimum standards, California would have to hire right now
* See Appendix 2, letter from W. A. Oliver, Associate Superintendent, Napa State
Hospital.
TREATMENT OF MENTAL ILLNESS 15
179 more psychiatrists; 130 more social workers; 24 more psychol-
ogists ; and more than 2,000 additional registered nurses.
The committee received testimony from Dr. Daniel Lieberman, at
both the Los Angeles hearings and at a previous hearing, that the
department has developed a training plan which contemplates the ex-
penditure of approximately $1,500,000 in the next three or four years
for inservice training and for the professional upgrading of psychiatric
personnel now employed at the various hospitals. While the initiative
which developed this plan is to be commended, it is the feeling of this
committee that such a limited training program falls far short of over-
coming the desperate psychiatric personnel shortages in California.
It is imperative that California offer financial incentives to persons
willing to take training in the various psychiatric disciplines. It, there-
fore, must offer training stipends and scholarships to attract promising
students to its various schools. In return for each year of training
financed by the State, it should require a year of service in the state
mental hospital system.
As a necessary corollary to this fellowship and scholarship program,
it must offer grants to the medical schools, the universities, schools of
nursing, schools of social work, etc., which agree to expand their pro-
grams and take on additional trainees.
RECOMMENDATION
The committee recommends that the Department of Mental
Hygiene develop an overall training program to overcome per-
sonnel shortages in all the State's mental hospitals. This program
should encompass both training fellowships and grants to insti-
tutions qualified to train additional workers,
7. In the interim period during which California is building up its
various training programs, it must make a very real effort to strengthen
its mental hospital system by calling upon the considerable resources of
private medicine.
The general practitioner can play an enormously important role in
the treatment of mental illness. In the first place, there are a number of
general practitioners who would like to take the formal three-year resi-
dency leading to certification as psychiatrists. However, they are unable
to afford this training at the present level of stipends. This committee
received evidence that the Veterans Administration has been very
successful in recruiting general practitioners into psychiatry by offering
them higher stipends in return for which they agree to give a year of
service for each year of training.
Probably more important is the development of psychiatric educa-
tional programs for general practitioners who will continue to remain
in private practice. Since they have firsthand contact with most early
ma7iifestations of mental illness, they can do a tremendous preventive
joh if they are equipped with the proper psychiatric skills.
The importance of this type of limited training for the general prac-
titioner has been recognized at the national level by Congress. Last
year, it allocated more than a million dollars for programs designed to
improve the psychiatric skills of the family doctor.
l6 SENATE INTERIM COMMITTEE
California must develop its own program in this area. There are a
few heartening signs of a good beginning, Dr. Pumpian-Mindlin told
the committee of seminars conducted by the Los Angeles County Medi-
cal Society and of the California Academy of General Practice which
has encouraged short-term psychiatric seminars for its members.
RECOMMENDATION
That the Director of the Department of Mental Hygiene de-
velopr in consultation with the California Medical Assoc/afion, the
California Academy of General Practice, and the various profes-
sional psychiatric associations of the State, a plan for the maxi-
mum use of the general practitioner in the treatment of mental
illness.
APPENDIX I
LETTER FROM MAURICE I. GERSHENSON
chief. Division of Labor Statistics and Research
Department of Industrial Relations
State of California
February 24, 1959
State of California
Department op Industrial Relations
Division of Labor Statistics and Research
San Francisco 3, February 24, 1959
The Honorable Alan B. Short
Senate Chambers, State Capitol
Sacramento, California
Dear Senator Short : At the request of Mrs. Will Connolly of the
San Francisco Agency for Retarded Children, we have reviewed the
provisions for psychiatric care benefits contained in collectively bar-
gained health and welfare plans on file with this division.
The division's recently completed survey of labor management nego-
tiated health and welfare programs included 211 plans, covering about
850,000 workers. The majority of these plans were the ordinary service
or insured plan, sometimes known as the "basic medical benefits" plan.
The analysis of benefits was based primarily on descriptive booklets
containing general information summarizing the plan benefits. Since
these booklets often lacked details to be found in the original certifi-
cates of insurance on which the booklets were based, no statistical
analysis was made of psychiatric benefits which, when mentioned at all,
were usually listed as a "technical" exclusion. Nevertheless, it has
been our observation that this benefit is practically never found in
the ordinary service plan such as is provided by Kaiser Foundation,
Blue Cross, or California Physicians Service, and is almost universally
excluded in the typical commercially insured plan.
In the last few years a new type of health coverage has appeared — ■
the major medical expense plan. Usually, this major medical plan sup-
plements a basic medical benefits plan such as described above, but
sometimes combines the basic and major medical coverage into a single
package. About 20 percent of the plans in our survey, covering 177,000
workers, were major medical plans. It is in this type of plan that pro-
vision for psychiatric care benefits is most often found. Examination
of this special group of plans reveals :
(1) Of the 177,000 workers covered under this type of plan, 7,900,
or 4| percent, were covered by benefits specifically providing psychi-
atric care both in and out of the hospital. In no case was the psychiatric
care paid for in full ; after the payment of an initial deductible by the
plan member of from $25 to $200, reimbursements of from 50 percent
to 85 percent of treatment costs were provided by the insurance car-
riers.
(2) For an additional 34 percent of the workers covered under major
medical expense plans, outpatient psychiatric treatment was specifically
excluded as a benefit, but hospitalization for mental and nervous dis-
orders was included as a standard major medical expense benefit, reim-
bursable on the same basis as other medical treatment.
(19)
20 SENATE INTERIM COMMITTEE
(3) Nearly 17 percent of the workers covered by major medical ex-
pense benefits were in plans which either specifically excluded all forms
of psychiatric treatment as a reimbursable benefit or specified that reim-
bursement would be made for treatment of "bodily" illness only, pre-
sumably excluding treatment for "mental" illness.
(4) Information booklets describing plans covering about 45 percent
of workers covered by major medical expense benefits did not specifi-
cally include or exclude psychiatric treatment as a reimbursable benefit.
Again, as in the case of the basic medical benefits plans, since the
booklets describing major medical expense benefits often provided only
a short summary of plan provisions, it could not be assumed that psy-
chiatric treatment was a covered medical benefit in these cases.
Mrs. Connolly requested information particularly with regard to the
General Electric and Westinghouse plans as well as the plan just nego-
tiated by the Retail Clerks and Food Employers' Council in the Los
Angeles area.
The General Electric Plan provides for the payment of expenses in-
curred on account of psychiatric treatments or consultations to the
extent of 50 percent if the employee is not totally disabled so as to be
prevented from working. If the employee is confined in a hospital or
similar institution, the plan pays a benefit rate of 85 percent of in-
curred expenses. These payments begin after an initial deductible
amount of either $25 or $50 is paid by the employee, and are limited by
the maximum of $7,500 in any one calendar year for all medical bene-
fits.
The "Westinghouse Plan provides for the payment of expenses in-
curred on account of mental or nervous conditions to the extent of
50 percent if the employee is not totally disabled as to be prevented
from working. If the employee is totally disabled, benefits are paid at
the rate of 75 percent of incurred expenses. These payments are made
after an initial deductible of $100 is paid by the employee, and are
limited by the maximum of $5,000 for any one disability.
Although it has been announced in the newspapers that the retail
clerks have negotiated a new health and welfare plan which includes
provision for psychiatric care, we have not yet received a copy of this
plan and have no details of its operation.
AVe trust this information will be of assistance to you. If you desire
any further details regarding health and welfare plans, please do not
hesitate to call on us.
Very truly yours,
(Signed) Maurice I. Gershenson, Chief
APPENDIX II
THE OGDEN COTTAGE INTENSIVE TREATMENT
PROGRAM FOR CHRONIC PATIENTS AT
NAPA STATE HOSPITAL
February 6, 1959
State of California
Department of Mental Hygiene
Napa State Hospital
Imola, California, February 6, 1959
Miss Jean Korich, Secretary
Senate Interim Committee on Mental Illness
State Capitol, Sacramento, California
Dear Miss Korich : T am enclosing the brief report that you re-
quested concerning- the progress of the treatment project for chronic
patients that the committee visited the other day.
If there is further material you would like, please let me know.
Very sincerely yours,
Theo K. Miller, M.D.
(Signed) W. A. Oliver, M.D.
Associate Superintendent
THE OGDEN COTTAGE INTENSIVE TREATMENT PROGRAM FOR
CHRONIC PATIENTS AT NAPA STATE HOSPITAL
The large group of women in the chronic wards of Napa State Hos-
pital ottered a challenge to the staff to attempt to devise a treatment ap-
proach that would have social reintegration as the primary treatment
goal. It was felt that many of these women could improve to a point
w^here they would be able to get along outside the hospital or in a more
responsible position in the hospital setting.
The original group of patients who took part in the program was com-
prised of 85 women whose average hospital stay was 12.5 years each.
Length of illness ranged from 2 to 34 years. The most frequent form of
therapy these patients had had before coming to the project was electric
shock and 60 of them were on maintenance electric shock when they
were transferred to the program. Of the original H5, there were 78 who
had had electric shock at some time in the past. Various tranquillizers
had been prescribed for 34 of the patients in the past with little or only
very transitory effect.
All patients were regressed and most of them were withdrawn. Many
of them had required restraint and seclusion for disturbed states in the
past. Most of them were isolates hiding in corners, sitting with heads
down, lying on the floor. There were 24 who were mute, a similar num-
ber were incontinent. Some were underweight, ate poorly, had to be
helped with the eating process. Some were unable to dress or undress
themselves.
METHODS OF TREATMENT
The hospital life of the patients was so structured that each patient
was almost constantly in situations which required some degree of social
interaction, verbal communication and decision. In order to bring about
(23)
24 SENATE INTERIM COM^SIITTEE
the first steps toward rehabilitation, it was realized that the first task
was to get movement, and in order not to overwhelm the patient with a
bombardment of situations involving interaction, the small group was
utilized. All ward housekeeping was organized into jobs for more than
one patient insofar as possible. Exercises and simple active games were
chosen with a view to stimulating interaction.
The doctor, social worker and the ward charge are available for fre-
quent interviews with each technician and with the patients. Special
sessions are held regularly to develop the psychotherapeutic skills of
the technician leaders. There is free interchange between staff and
patients, doctor and staff, social worker and technicians. One big job
of the social worker has been to arouse the interest of the patient's rela-
tives in each patient, to encourage them to visit and to take the patient
home for short visits.
WHAT HAS HAPPENED SINCE DECEMBER 3, 1957
The number of women now able to work consistently and usefully in
the hospital industries numbers 40. Most of the chores of the ward
housekeeping have been assumed by the patients. The number who are
able to handle ground privileges has increased from 4 to 36.
Perhaps the most dramatic change has been the number receiving
electric shock therapy. Of the original group, 60 were on treatments at
the beginning whereas now there are only two. By January 27, 1959,
the number who had improved sufficiently to leave the hospital was 28.
These patients represent 154 years of hospitalization or an average of
5.5 years each. In the group, there were three who had been hospitalized
15, 18 and 18| years.
As a footnote, may this committee express its wish that this program
had commenced when these patients originally entered the institution,
rather than being a pilot program.
printed in California state printing office
L-4158 3-59 2,500
REPORT OF THE
SUBCOMMITTEE ON PSYCHIATRIC TECHNICIANS
SENATE INTERIM COMMITTEE ON THE
TREATMENT OF MENTAL ILLNESS
CERTIFICATION OF PSYCHIATRIC
MEMBERS OF THE SUBCOMMITTEE
JOHN F. THOMPSON, Chairman
A. A. ERHART JOHN J. HOLLISTER, JR.
Published by the
SENATE
OF THE STATE OF CALIFORNIA
1959
GLENN ANDERSON
President of ihe Senate
HUGH M. BURNS J- A. BEEK
President pro Tempore Secretary
TABLE OF CONTENTS
LETTER OF TRANSMITTAL 5
INTRODUCTION 9
General Studies of Related Problems of Mental Illness 14
SUBCOMMITTEE HEARING 17
Presentation of the California Society of California Psychiatric
Technicians 17
Statement of Marshall E. Porter, M.D 21
Statement of Walter Rapaport, M.D 26
Statement of Daniel Lieberman, M.D 33
Statement of Samuel G. Hanson 38
Statement of Francis Stanton 40
Statement of Psychiatric Technicians Actively Working in the
Field 41
Resolution Adopted by the California State Employees Asso-
ciation ^ 51
CONCLUSIONS AND RECOMMENDATIONS 53
(3)
COMMITTEE LETTER OF TRANSMITTAL
Senate, June 17, 1959
Hon. Glenn Anderson, President
and Memhers of the Senate
Gentlemen : The Senate Interim Committee on the Treatment of
Mental Illness, in accordance with Senate Resolution No. 160, 1957
Eegular Session, presents herewith its report on the proposed certifica-
tion of psychiatric technicians, together with its conclusions and
recommendations.
Respectfully submitted by
Alan Short, Chairman
(5)
SUBCOMMITTEE LETTER OF TRANSMITTAL
Senate, June 17, 1959
Hon. Alan Short, Chairman
Senate Interim Committee on the Treatment of Mental Illness
Dear Senator Short: Your Subcommittee on Psychiatric Tech-
nicians presents herewith its report on the proposed certification of
psychiatric technicians.
This report is the result of the hearing and studies conducted by
the Subcommitee.
The Subcommittee wishes to express its appreciation to the many
persons whose testimony at the public hearing and whose advice and
consultation throughout the interim have been of great assistance.
Respectfully submitted by
John F. Thompson, Chairman
Subcommittee on Psychiatric Technicians
A. A. Erhart
John J. Hollister, Jr.
(T)
CERTIFICATION OF PSYCHIATRIC TECHNICIANS
INTRODUCTION
It will be recalled that the final report of the Senate Interim Com-
mittee on Pnblic Health, published by the Senate during the legisla-
tive session, 1957, included among other matters the subject of psy-
chiatric technicians.
The conclusions and recommendations of the 1955-1957 committee
are summarized as follows :
"The committee believes that there is a distinct probability that the
State of California would benefit through a program of licensing or
certification of psychiatric technicians.
"At the present time the training afforded to psychiatric technicians
in state service is not available to employees in the private mental
institutions of this State. It is felt that a statewide program of cer-
tification for all persons working in the field would aid in establishing
minimum employee standards within the private institutions. In addi-
tion, minimum standards of education and training established through
a board, such as the Board of Medical Examiners, would provide the
basis for an enlarged educational program for persons who desire to
become psychiatric technicians and thereby increase the number of
trained persons available.
"The committee also believes that methods must be found to fill va-
cancies and cut down the very substantial turnover of psychiatric
technicians and psychiatric technician trainees in the state mental
institutions through enocuragement of professional status and promo-
tion opportunities. It is necessary that dedicated persons be attracted
to the field of mental health and that they be given every encourage-
ment to make this a lifetime profession. A licensing or certification
procedure should help in this direction.
' ' The committee, however, has been engaged in a survey of the entire
public health field and notes that the specific field of mental hygiene
and mental health is being studied by another Senate interim com-
mittee. It therefore appears desirable that the subject matter of licens-
ing or certification of psychiatric technicians be referred to the Senate
interim committee working in that field for further review.
"The entire mental hygiene program within the State of California
is a rapidly expanding problem. New discoveries and techniques for
the treatment of the mentally ill, the mentally retarded, and the
mentally deficient are being developed and tried. The whole concept
of the care of the mentally ill deserves the most careful and intensive
scrutiny. A very large part of that scrutiny should be directed toward
the professionalization of the psychiatric technician who is the direct
link between the doctor and the patient.
"The committee, therefore, recomends that a bill for the certifica-
tion of psychiatric technicians in substantially the following form be
referred to the Senate Interim Committee on the Treatment of Mental
Illness."
(9)
10 COMMITTEE ON TREATMENT OF MENTAL ILLNESS
An act to add Chapter 5.1 (commencing with Section 2500) to
Division 2 of the Bnsincss and Professions Code, relating to the
licensing of psychiatric technicians.
The people of the State of California do enact as follows:
Section 1. Chapter 5.1 ( eommencing with Section 2500) is
added to Division 2 of the Business and Professions Code, to read
as follows :
Chapter 5.1. Psychiatric Technicians
Article 1. Generally
2500. This chapter is known and may be cited as the "Psy-
chiatric Technicians Law."
2501. "Board," as used in this chapter, means the Board of
Medical Examiners of the State of California.
2502. As used in this chapter, "psychiatric technician" means
any person who, for compensation or personal profit, nnder the
supervision of a licensed physician or psychiatrist, performs serv-
ices in caring for mentally ill, mentally deficient, or mentally dis-
ordered patients, which services :
(a) Involve responsible supervision of such patients requiring
technical skills in the observation and accurate recording of their
symptoms and reactions, and in the carrying out of treatments
and medications for them as prescribed by the physician or psy-
chiatrist.
(b) Kequire the application of techniques and procedures which
involve an understanding of cause and effect and the safeguarding
of the lives and health of patients and others.
(c) Require the performance of duties necessary to facilitate the
rehabilitation of patients where necessary in their physicial care.
(d) Require the application of principles of treatment based on
biological, physicial, and social sciences.
2503. The board shall administer and enforce the jDrovisions of
this chapter.
2504. The board may adopt rules and regulations to carry out
the provisions of this chapter.
2505. The board may employ whatever personnel is necessary
for the administration of this chapter.
2506. Nothing contained in this chapter shall be construed to
limit or prevent the performance of psychiatric technician's serv-
ices by a psychiatric technician not licensed under this chapter,
if such person does not represent himself to be so licensed.
2507. Nothing contained in this chapter shall be construed as
permitting the practice of optometry as defined in Section 3041 of
this code.
Article 2. Licensing
2510. The board shall issue a psychiatric technician's license
to each applicant who qualifies therefor, and, if required to take
it, successfully passes the examination given pursuant to this
chapter.
SUBCOMMITTEE REPORT ON PSYCHIATRIC TECHNICIANS 11
2511. An applicant for a ps^-eliiatric technician's license shall
have the following qualifications :
(a) Be at least 21 years of age.
(b) Be a citizen of the United States or have indicated an in-
tention to become a citizen of the ITnited States. A statement under
oath of citizenship or intention to become a citizen shall be sufficient
proof of citizenship or intention to become a citizen.
(c) Have successfully completed an approved general educa-
tion course of study through the twelfth grade or the equivalent
thereof as determined by the board.
(d) Have successfully completed the prescribed course of study
in an accredited school for psychiatric technicians, or have gradu-
ated from a school which, in the opinion of the board, gives a
course which is equivalent to the maximum requirements for an
accredited school for psychiatric technicians in this State.
(e) Have at least 18 months' experience in a state institution or
hospital or any other hospital in psychiatric technician work.
(f) Have committeed no act which, if committed by a licensee,
would be ground for disciplinary action.
2512. An applicant for a psychiatric technician's license shall,
upon the filing of his application, pay to the board the required
filing fee prescribed by the board.
2513. Unless otherwise provided in this chapter, every appli-
cant for a psychiatric technician's license shall be examined by the
board. The examination shall be held at least once a year and at
the times and places determined by the board.
2514. Prior to July 1, 1959, any person meeting the require-
ments of subdivisions (a), (b), and (f) of Section 2511, and, as
determined by the board, possessing the equivalent of the education
and experience requirements of that section, shall, on application,
be licensed without an examination.
2515. Upon written application and receipt of the required
application fee the board may issue a license without examination
to any applicant who possesses a valid unrevoked license as a
psychiatric technician issued by any other state or a foreign
country, and who in the opinion of the board has the qualifications
set forth in Section 2511.
2516. Every licensee under this chapter may be known as a
licensed psychiatric technician and may place the letters "L.P.T."
after his name.
Article 3. Disciplinary Proceedings
2520. Every licensee under this chapter may be disciplined as
provided in this article. The disciplinary proceedings shall be con-
ducted by the board in accordance with Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code.
12 COMMITTEE ON TREATMENT OF MENTAL ILLNESS
2521. The board may suspend or revoke a license issued under
this chapter for any of the follo^Ying• reasons :
(a) Unprofessional conduct, which includes but is not limited
to any of the following :
(1) In competence or gross negligence in carrying out usual
psychiatric technician functions.
(2) A conviction of practicing medicine without a license in
violation of Chapter 5 (commencing with Section 2000) of Division
2 of this code, the record of conviction being conclusive evidence
thereof.
(3) The use of advertising relating to psychiatric technician
services which violates Section 17500 of this code.
(4) Prescribing for or, except as directed by a licensed physi-
cian or surgeon, administering to the licensee himself any narcotic
as defined in Division 10 of the Health and Safety Code.
(5) The use of any narcotic as defined in Division 10 (commenc-
ing with Section 11000) of the Health and Safety Code, or any
alcoholic beverage to an extent or in a manner dangerous to the
licensee himself, any other person, or the public, or to the extent
that such use impairs his ability to perform the work of a psy-
chiatric technician with safety to the public.
(6) Conviction of a criminal offense involving the prescription,
consumption, or self-administration of any of the substances de-
scribed in subdivisions (a)(4) and (a)(5) of this section, the
record of conviction being conclusive evidence thereof.
(7) Committance or confinement by a court of competent juris-
diction for intemperate use of or addiction to the use of any of
the substances described in subdivisions (a) (4) and (a) (5) of this
section, the order of conviction or confinement being prima facie
evidence thereof.
(b) Procuring a license by fraud, misrepresentation or mistake.
(c) Aiding or abetting a criminal abortion.
(d) Violating or aiding or abetting a violation of any provision
of this chapter.
(e) Giving any false statement or information in connection
with the application for a license.
(f ) Conviction of a felony or any offense involving moral turpi-
tude, the record of conviction being conclusive eA'idence thereof.
(g) Impersonating any applicant or acting as proxy for an
applicant in any examination required by this chapter.
(h) Impersonating another psychiatric technician, or permitting
another person to use his license.
2522. The board shall suspend the license of any person licensed
under this chapter who is so mentally ill as to be unable to carry
on with safety to the public the practice authorized by his license.
In the event the person has been adjudged by a court of competent
jurisdiction to be insane or mentally ill, the record of such adjudi-
cation shall be prima facie evidence that the person is mentally ill
within the meaiiing of this section.
The board shall not reinstate a license which has been suspended
under this section except upon proof that the licensee has been
SUBCOMMITTEE REPORT ON PSYCHIATRIC TECHNICIANS 13
restored to such mental condition as to be capable of carrying on
with safety to the public the practice authorized by his license.
2523. A plea or verdict of guilty or a conviction following a
plea of nolo contendere made to a charge of a felony or any offense
involving moral turpitude is deemed to be a conviction within the
meaning of this article. The board may order the license suspended
or revoked or may decline to issue a license, when the time for
appeal has lapsed, or the judgment or conviction has been affirmed
on appeal or when an order granting probation is made suspending
the imposition of sentence, irrespecive of a subsequent order under
the provisions of Section 1203.4 of the Penal Code allowing the
person to withdraw his plea of guilty and to enter a plea of not
guilty, or setting aside the verdict of guilty, or dismissing the
accusation, information, or indictment.
Article 4. Psychiatric Technician's Schools
2530. The board shall prepare and maintain a list of schools for
psychiatric technicians in this State accredited by it.
2531. The course of instruction of an accredited school shall
consist of not less than the required number of hours of instruction
in the subjects of principles of mental hygiene, principles of psy-
chology, psychiatry in relation to nursing care, attitude therapy,
principles of rehabilitation therapy for the mentally ill, special
therapeutic procedures for the mentally ill, nutrition in health and
disease, basic anatomy and physiology, principles of psychiatric
nursing including geriatrics, history of the care of the mentally ill,
and other subjects and clinical experience as the board may de-
termine.
2532. The board shall provide for the periodic inspection of all
psychiatric technician schools in this State. Written reports of the
inspection shall be made to the board, which shall then approve as
accredited the schools which meet the standards prescribed by it.
If the board determines from a report that any accredited school
is not maintaining its prescribed standards, it shall immediately
give the school a notice in writing specifying the defect. If the
defect is not corrected the board shall, after written notice, remove
the school from the accredited list.
Article 5. Penal Provisions
2540. It is unlawful for any person not licensed under this
chapter to use any title or letters which imply that he is a licensed
psychiatric technician.
2541. It is unlawful for any person willfully to make any false
representation, impersonate any other person, or permit or aid any
other person in any manner to impersonate him in connection with
any examination or application for a license.
2542. Any person who violates any of the provisions of this
chapter is guilty of a misdemeanor.
Article 6. Revenue
2548. The application filing fee paid to the board by any person
who is granted a license pursuant to this chapter shall also con-
14 COMMITTEE OX TREATMENT OF MENTAL ILLNESS
stitute the license fee for the year in which the license is originally
issued.
2544. Each licensed psychiatric technician shall pay an annual
renewal fee in the amount required by this chapter between the
first da}' of January and the fifteenth day of February of each ^^ear
for a renewal of his license.
2545. The license of ever}^ person who does not pay the annual
renewal fee during the time specified shall automatically be for-
feited, but may be restored upon written application and the pay-
ment of the renewal fee and the delinquency fee required by this
chapter.
No examination shall be required for the restoration of a license
that has been forfeited under the provisions of this section.
2546. The board shall report each month to the State Con-
troller the amount and source of all revenue received by it pur-
suant to this chapter and at the same time pay the entire amount
thereof into the State Treasury for credit to the Contingent Fund
of the Board of Medical Examiners.
2547. All expenses incurred in the operation of this chapter
shall be paid out of the Contingent Fund of the Board of Medical
Examiners from the revenue received by the board under this
chapter and deposited in the Contingent Fund of the Board of
Medical Examiners. No part of the expenses shall be charged
against any funds which are derived from anj^ functions of the
board provided for in other chapters of this code.
2548. The amounts of the fees payable pursuant to this chapter
shall be fixed by the board according to the following schedule :
(a) For filing an application for a license, no more than ten
dollars ($10) nor less than five dollars ($5).
(b) For annual renewal of a license, no more than five dollars
($5) nor less than one dollar ($1).
(c) For the restoration of a license forfeited for nonpaj-ment of
the annual renewal fee, five dollars ($5).
After the submission of the foregoing report to the Senate, Senate
Bill No. 393 then pending before the standing Committee on Public
Health was, by action of that committee, referred to the Committee on
Rules of the Senate with the request that the Committee on Rules
assign the substance of the bill to any interim committee w^hich might
be created on the treatment of mental illness in accordance with the
recommendations of the interim committee set forth above.
Pursuant to the foregoing suggestion, upon the creation of the Sen-
ate Interim Committee on the Treatment of Mental Illness by virtue of
Senate Resolution No. 160 of the 1957 Session, this committee undertook
a stud}' of the subject matter and herewith reports the results of said
study.
GENERAL STUDIES OF RELATED PROBLEMS OF MENTAL ILLNESS
The committee wishes to especially note that, as part of this special
study, it was a major policy of this committee that each of its members
familiarize himself with conditions and operating techniques in the
mental hospitals operated by the State of California, and pursuant to
SUBCOMMITTEE REPORT ON PSYCHIATRIC TECPINICIANS 15
this general policy, upon various occasions the membership of this com-
mittee observed in detail the operation of typical mental hospitals
within the State. In this connection, it is also felt desirable to note that,
while there is an intermingling of various types of patients within most
of these institutions, most of the hospitals specialize in the type of
patients received and the techniques developed to treat the particu-
lar type of mental illness. Specifically, it is noted that many of the
state hospitals are primarily concerned with the problems of the men-
tally retarded as distinguished from the problems of the mentally ill.
So also in the case of geriatric patients, which require separate types of
treatment and care. The committee, therefore, feels that at the outset of
this report it should be made perfectly clear that there are a variety of
techniques which the psychiatric technician is called upon to administer
under the direction of his supervisors and the psychiatrist and that
these techniques vary with the tjq^e of mental patient involved. It was
for this reason that the committee requested special testimony on the
types of duties performed by persons at the various hospitals in order
to obtain some indication of the range of training and skill which is re-
quired for this type of work as well as to give some indication as to
the possible benefits which will accrue to the State of California by
certification of persons working in this field. For this reason also, mem-
bers of this committee, and of its special subcommittee appointed to
study these problems, adopted the policy of making at least one visit to
each of the types of institutions involved.
Because there has been some confusion on the subject, the committee
also deems it desirable to present a brief resume of the terminology in-
volved in the substance of Senate Bill No. 393, and a general statement
as to what the bill seeks to accomplish in order that the testimony re-
ceived by the committee may be considered in the light of the general
understanding of the committee of the provisions of the bill.
The committee notes that in general there have been created by var-
ious statutes afi^ecting the different professions and vocations in this
State, two main types of so-called "licensure." The first is so-called
"mandatory" type of "licensure" which provides in substance that no
person may do the things specified for the profession unless he has a
license to so act and provisions are made as to what is required to obtaiii
such a license. This type of "licensure" requires rather specific defini-
tions as to the activities which are forbidden to the general public in
order that persons be not deprived of their ability to earn a livelihood
unless there is an overriding public policy requiring the testing and
qualification of these people for the protection of the public. As an illus-
tration, the laws providing for the licensing of physicians and attorneys
contain this type of mandatory provision for the perfectly obvious rea-
son of protecting the public against unskilled persons in these very im-
portant fields.
The second type of so-called "licensure" with which the committee
is generally familiar is the so-called "nonmandatory" type which pro-
vides in substance that in order to be known by a given title or desig-
nation, a person must possess certain qualifications and obtain a "li-
cense" from the State based upon these qualifications and upon various
tests given by the examining boards with regard to his skills and expe-
rience. Perhaps the best illustration of this type of "licensure" is the
16 COMMITTEE OX TREATMENT OF IMENTAL ILLNESS
statute providing for the "licensing" of vocational nurses, which stat-
ute provides in substance that no person may call himself a licensed vo-
cational nurse or use the initials L.V.N, without meeting certain stand-
ards of education and experience and passing certain tests given by an
official board of the State of California constituted for this purpose. No
attempt is made in that statute to prohibit the general public from doing
many of the physical things which a licensed vocational nurse normally
does' under the "direction of a registered nurse or physician, but one of
the major benefits to the State of California in this "licensure" is to
identify the persons possessing this type of license as being qualified to
perform the tasks to which they are assigned within their field.
The committee has found that the term "licensure" as it is applied
to psychiatric technicians, as well as to others, has many times been
confused, and the persons using the term have been in some instances
speaking about mandatory ' ' licensure ' ' while in others their intent was
to speak in terms of the nonmandatory type of "licensure" described
above.
Accordingly, the term "certification" as it appears in Senate Bill
No. 393 was understood by the committee to be the equivalent of a non-
mandatory type of "licensure" and it is believed was used to avoid
confusion. The bill, therefore, as it was considered by the committee
was a bill to provide the means by which persons skilled in the care of
the mentally ill, the mentally retarded and the mentally deficient might
be identified and their skills made available with safety to private men-
tal institutions as well as public. The other terms of the proposed stat-
ute simply provide the mechanics by which persons claiming to be
skilled and experienced in this field can be examined and certified if
found qualified.
In other Avords, as used in the proposed bill the word "certification"
is primarily a registration of persons possessing the requisite skill and a
certification by an official board of the State of California that in fact
they do possess these skills.
SUBCOMMITTEE HEARING
In order to thoroughly explore the desirability of the certification of
psychiatric technicians and the benefits which might accrue to the State
of California from this certification, a special subcommittee was ap-
pointed to take testimony from experts in the field of the treatment of
the mentally ill, the mentally retarded and the mentally deficient, and
the testimony of these experts was taken by the subcommittee at a
hearing' held in San Jose on December 19, 1958. The substance of that
testimony and the various presentations made to the committee are as
follows :
*******
The general background of the problem was explained to the com-
mittee by representatives of the California Society of Psychiatric Tech-
nicians as follows :
PRESENTATION OF THE CALIFORNIA SOCIETY OF
CALIFORNIA PSYCHIATRIC TECHNICIANS
"The Case for Certification of Psychiatric Technicians"
The lack of understanding of the techniques of caring for and
treating mental patients has been, and still is, one of the biggest ob-
stacles to be overcome before the persons performing the.se techniques
can receive the recognition due them. The group that suffers from this
lack of understanding and recognition is not the psychiatric technician
but the patient, and that which affects the patient affects the family
and friends of the patient as well.
Gone is the stereotyped strong-arm man in the white coat, although
the image lingers on in the minds of many. He has been replaced by
a skilled technician, a person with professional training who puts into
effect the prescription and care ordered by the psychiatrist.
The importance of the psychiatric technician in the fields of mental
care and rehabilitation was first recognized by those closest to the
scene, those w^ho were best in a position to evaluate the services per-
formed and the resultant effect on the patients and on the welfare of
the State as a whole. The first advocate of such recognition was the
California Department of Mental Hygiene which, before a Senate
Interim Committee on Nursing Problems in 1952, suggested that a
board be established to license or certify psychiatric technicians.
The then director of that department testified as follows :
"I think they (psychiatric technicians) have skills that are cer-
tainly different from other nursing groups; practical or otherwise,
and I think they are part of the medical arm definitely of any treat-
ment program. They belong in the nursing service team in a mental
hospital. * * *"
And further :
"I would like to say that the State Department of Mental Hygiene
favors legislation which will provide a board for psychiatric techniciaiLS,
similar to the Practical Nurses Board.
(17)
2— L-4939
18 COMMITTEE ON TREATMENT OF MENTAL ILLNESS
''Two, it favors a separate board; a board standing on its own feet
as does the Vocational Nurses Board.
"Three, it favors a mandatory type of legislation that would require
people who call themselves psychiatric technicians to qualify, and
believe, of course, that that qualification is just as important in the
private mental hospital as it is in the public mental hospitals."
Thus, the establishment of such a board was urged not just to give
recognition to a group of dedicated persons, but to carry forward the
cause of improving the care of mental patients throughout the State
in public and private hospitals.
The Department of Mental Hygiene is justifiably proud of the
advances it has made in its field. One of the major steps made by
tlie department in advancing the level of treatment has been the estab-
lishment of standards to be met by the psychiatric technicians, and
the installation of training and educational programs to assure the
maintenance of these standards. The department has, in effect, created
a new profession, and has continually worked to advance the minimum
standards to be met by this group.
After evaluating this program, the Department of Mental Hygiene
came to the conclusion that the psychiatric technician has reached a
position of importance in the field of mental care that cannot be ig-
nored, that the contributions made by this group are invaluable, and
that the advances made in this area to date must be preserved and
carried even further.
To preserve the standards of care now attained, to continue to
advance these standards, and to have them established and maintained
in other than public institutions, it is now in the public's interest to
establish a board to license or certify qualified psychiatric technicians.
Such a procedure, the director stated, would have two basic effects.
First, it would regularize treatment and protect the patient ; second,
it would give incentive for the better training and continued advance-
ment of training of the psychiatric technician.
The importance of this training and qualification for the technician
was emphasized by the director when he stated :
"* * * by and large the psychiatric technician is with the mentally
ill patients during the Avhole day, except for brief times when they
might be with the psychiatrist or might be undergoing some personal
attention. Therefore, broadly speaking, the psychiatric technician needs
to know not only simple nursing acts, but in other words, to have
enough knowledge of psychiatric background and abnormal psychology,
if they are to deal effectively with this group of sick people, because
unless thej^ are handled right, hour by hour, the prescriptions of the
physicians are sometimes thwarted."
Since the time that this proposal was first put forth, several Senate
committees have investigated the situation, deferring action for several
reasons, primarily in order to conduct further studies.
The Department of Mental Hygiene has continued its support of
this program designed to better the standards of mental care.
Through the course of the subsequent hearings some opposition to
the plan has appeared, principally through organizations composed of
registered nurses. Originally this opposition was based on lack of need
for such recognition plus a lack of time to evaluate the results of the
SUBCOMMITTEE REPORT ON PSYCHIATRIC TECHNICIANS 19
program of training established by the State. As time passed, and fur-
ther studies were made, this opposition beeame less geiieralized and
more specific. Basically, their position now seems to be that the tech-
nicians should be licensed but within some established category of
nursing.
This theory was summarized by the executive secretary of the Cali-
fornia Nurse's Association in 1957, when she testified before the Interim
Committee on Business and Professions as follows :
"It is apparent already that since psychiatric teclmicians basically
perform nursing services to which has been added a specialization, i.e.,
a form of psychiatric nursing, they should be prepared for licensure
in the future within a recognized field of nursing. It is our educa-
tional programs, not licensure, Avhich insure standards for specialty
functions of practitioners."
At the hearing, the representative of the vocational nurses stated :
"We, in nursing, definitely feel that the psychiatric technician
should be recognized and should have some recognition which is a
standard of his or her training, so that he is not trained just for one
institution, or one t^'pe of institution, that he should have a basic
training wherein he is not trained just for the institution, but for the
public to function on this level within any institution for this second
level within nursing."
The California Society of Psychiatric Technicians has borne the
burden of keeping the various committees and subcommittees informed
as to the benefits to be achieved through certification. This society is
composed primarily of employees of state institutions, although they
have a number of members employed in private institutions. This
society has as one of its official objectives the goal of ever increasing
the standards of mental care. To attain this goal, the society conducts
its own educational programs to supplement the training and con-
tinuing education supplied by the State. Constant information pro-
grams, panels and symposia are required to keep abreast of the rapid
developments made in the field, and the use of newly developed drugs,
in order to successfully carry out the new methods and to evaluate the
results.
In all cases, the success of any prescribed treatment or of any new
developments depends directly on the administration of the prescribed
treatment by the technicians. The reports, the observation and the
efficiency of the technicians is the strength of the psychiatric field, the
arms and the eyes of the psychiatrist.
The technicians hope to show the errors in the suggestion that cer-
tification is not necessary to maintain the standards necessary in that
the majority of technicians are state employees and the state program
therefore fills this need. The suggestion points out its own inconsist-
encies. To cling only to the State Hospital Program effectively prevents
the controlled raising of standards in private institutions. One reason
that there are few members of C. S. P. T. working in other than state
institutions is because few can meet the standards of the society. The
Department of Mental Hygiene, in inspecting and licensing private
institutions, cannot impose upon those institutions the training pro-
gram required in the State, Hospitals, and finds it difficult to evaluate
the competency of the technicians or attendants in the private hospitals.
20 COMMITTEE ON TREATMENT OF MENTAL ILLNESS
But, if there was a statewide standard required, a certification of qnali-
fication, this standard could be required in private as well as public
institutions for the betterment of mental patients everywhere.
Another self defeating suggestion has been that this specialized field
should be incorporated somehow within the field of vocational nursing.
This theory is based on the reasoning that psychiatric technology is a
branch of nursing services. It may be true that this technical specialty
includes within its work nursing services, but it is such a technical field
within itself that its whole concept is completely different from gen-
erally accepted concepts of nursing.
As was stated by a representative of the Department of Mental Hy-
giene at the 1952 hearing :
"* * * I would say that we should set up some type of board, pref-
erably separate from any other board that I know about, for the licens-
ing of this group. It is a specialized type of work. It requires specialized
training, and I don't know of any other group we could include them
with and get what we would like to have and what they would like to
have in the way of a board. ' '
Along this general line, in 1955 before the subcommittee on Licensing
Business and Professions, the then director of the Department of
Mental Hygiene was asked if, in his opinion, the technicians should be
consolidated with one of the nurse boards. He replied as follows :
"I would under certain conditions, but when you take a child out to
be adopted, you must first find out, and the psychologists can help me
here, whether that parent wants the child, whether they have a liking
for the child, whether they are going to have that affection which is
necessary for that child to grow up in a normal home as if he were a
blood child of the parent. In the case of the technicians I don't believe
that that relationship exists. I think it would be just like throwing a
little bit of meat to the lions. That would be my own opinion and until
the Nursing Association establishes a better attitude, a more under-
standing and sympathetic attitude, I would say, no, I would not recom-
mend that they go with the nursing."
The general nursing services field has many sub classifications. The
area of psychiatric technology has within itself as many sub classifica-
tions. To assume that a psychiatric technician can be merely a voca-
tional nurse with some additional training shows a misconception of
the profession.
Such a proposal would waste time in training not needed or required
and exclude needed training, with the result being a detriment to the
standards of mental care we have come to expect and demand.
This was expressly pointed out in the 1952 hearing when the former
director replied to a query as to Avhether he would oppose fitting the
psychiatric technicians into one of the existing boards. He answered
that he would oppose such action "because I think that the psychiatric
technicians' skills are of such a type, and their training is of such a
type that they are distinctive and unique, and I think they would be
much better controlled if they had a separate controlling board."
In order to regularize and establish qualification standards for all of
the complex duties that are part of the field of psychiatric technology,
the certifying board must see the psychiatric technicians as a separate,
individual field, a branch of the health team under the direction of the
SUBCOMMITTEE REPORT ON PSYCIIIATKIC TECHNICIANS 21
physician that stands apart from all other branches, a field that must
be certified and recognized on its own behalf if the standards of mental
care are to be maintained and i)iished even highei- witli the greatest
benefit occurring to the pnl)lie as a whole from tlie least amount of man-
power and with the least amount of expense.
This, then, is the goal of the California Society of Psychiatric Tech-
nicians and should be the goal of all persons connected with the matter.
The society wants to see the standards of mental care raised and main-
tained in all hospitals, public and private, to see the field of psychiatric
technology standardized in order that a permanent, highly trained
group of specialists can be developed for the good of the jiatients, then
families, and the State of California as a whole.
As has been indicated, other legislative committees have studied these
problems in the past. This, however, is the first time that a committee
devoted especially to the study of the field of mental health and the
care and treatment of the mentally ill has undertaken a study regard-
ing the certification of psychiatric technieians.
The society is grateful for the opportunity to appear before such a
subcommittee because it feels that only a committee of this sort can
realize the full import of the problems involved.
To assist the committee in evaluating the situation, the society is
prepared to present witnesses who, in some detail, will explain the many
facets of psychiatric technology. This field, as the witnesses will show,
is divided into major classifications such as the mentall}" ill, the
mentally retarded and the criminally insane. Within these major classi-
fications are many subclassifications and specialized duties.
Today we w'ill present psychiatric technicians from hospitals repre-
senting the various classifications who will give detailed testimony as to
some of the varied duties performed in their respective hospitals, and
will show to some extent the amount of responsibility that rests on the
shoulders of the psychiatric technicians.
The society sincerely believes that legislation substantially in the
form of Senate Bill No. 393 would be of tremendous value in the at-
tainment of their goal, a major step in the direction of better mental
care.
Should the subcommittee so desire, the California Society of Psy-
chiatric Technicians would be pleased to have some of its members work
as an advisory committee to assist the Department of Mental Hygiene
and the subcommittee itself in revising and evaluating any of the tech-
nical aspects of the proposed bill, and to furnish the committee with
any technical details or statistical data that could be compiled.
The psychiatric technicians sincerely feel that the best argument for
the certification sought is for the committee to have a complete under-
standing of the field involved. Therefore, the society stands ready to do
what it can to assist the committee in this regard, and will be pleased
to answer any request for information that it is in its power to give.
Stafement of Marshall E. Porter, M.D.,
Director Department of Mental Hygiene
Dr. Porter: Senator Thompson, Senator Erhart, and Mr. Bohn, I
have a prepared statement that I will leave with the secretary and I
will talk about it quite briefly.
22 COMMITTEE ON TREATMENT OF IMEXTAL ILLNESS
(The following statement was submitted by Dr. Porter.)
The Department of Mental Hygiene is in favor of some form
of registration for psychiatric technicians.
This has been our position since the subject was first proposed.
We think of this as a beginning step toward ultimate licensure.
It would proAdde official recognition of the psychiatric technician
as a professional person. In addition, it would furnish the means
for determining technicians' qualifications through adoption of
uniform standards of training and experience. This is important
because more technicians are employed in the treatment of mental
patients than all other professional persons combined.
Ten thousand psychiatric technicians are employed in the state
service, approximately two thousand are employed by private
licensed institutions and considerable additional numbers are em-
ployed hy psychiatric divisions of general hospitals. Those in state
service are required to meet standards relating to training and
experience. But there are no qualification standards for technicians
or aides employed by private licensed institutions or general hos-
pitals, except such standards as may be adopted by individual
employers.
The passage of the Short-Doyle Act has made available a new
plan of treatment for mental illness. This means large numbers
of people will be treated in public and private institutions at the
local level. It means large numbers of psychiatric technicians or
their equivalent will be employed in those programs. Along with
the acceleration of these programs training will be provided. It
is important that this training be on a uniform and statewide basis
so that the persons thus trained could qualify for employment by
the state system, by private hospitals or by Short-Doyle programs.
It would seem logical that these standards be statewide the same
as for other professions. With the training standards fixed and the
technicians' qualifications evidenced by registration or license, we
could then make appropriate requirements for private institutions
and Short-Doyle programs in the matter of employment of tech-
nicians or their equivalent. As it is now there are requirements for
psychiatrists, physicians, psychologists, nurses and social workers —
these requirements end at that point, because there are no uniform
guideposts for the qualification of technicians.
Some of these objectives are long range and cannot be fully
effective until more training facilities are available and more
trained people are obtainable. I do believe we should make a be-
ginning by setting up standards and certifying those qualified. The
standards would then serve as the guide for training. I understand
the Medical Board has been suggested as the appropriate registra-
tion agency and I would concur. (End of prepared statement.)
Dr. Porter: We have just heard quotations from the past policies
of the former directors concerning this matter of licensure or registra-
tion of technicians. The present policy of the department is the same
as it has been over the years since this started. The department is in
favor of certification of the psychiatric technicians. This has long been
SUBCOMMITTEE REPORT ON PSYCHIATRIC TECHNICIANS 23
our position and we feel that tliis is an intermediate step l)etween where
we are now with no eertification to eventual lieensurc of the psyehiatric
teehnieian group whieh we believe is desirable. However, we feel it is
premature at the moment. A eertifieation woidd best come first and
after subsequent study and experience a licensure, we feel, would
follow. We believe that this important member of the psychiatric team
warrants such recoonition.
It would also lead to uniformity in the training and the standards for
this group throughout the State, not only the state hospital system,
but the entire State of California. We feel that this is an important pub-
lic service and that it isn't merely limited to a special civil service classi-
fication of psychiatric technician. We feel that there is this profession of
psychiatric technician that should be certified.
As you are well aware, most of the employees in the Department of
Mental Hygiene are psychiatric technicians. We have eighteen thousand
employees ; ten thousand of them are psychiatric technicians. There are
two thousand psychiatric technicians in private licensed institutions.
You know that the Department of Mental Hygiene is charged with,
licensing private psychiatric facilities such as Claremont — Belmont and
Twin Pines up the peninsula here.
I don't know of any that would be licensed in your area. Senator
Erhart, but in Southern California we license a great many private
psychiatric facilities. So there are two thousand psychiatric technicians
employed in those private faeilities and, of course, those are not civil
service. That is private enterprise but our department is responsible
for the licensing.
And in addition, there is an unknown but considerable number of
psychiatric technicians employed in general hospitals, county and
private, working on psychiatric w^ards and psychiatric facilities.
Senator Erhart : Mr. Chairman, can we interrupt. When you license
these private institutions, that doesn't give you any power in regard
to the personnel, does it ?
Dr. Porter : No, sir. We certify as to the standards of care and we
can, for example, require that there be a certain level of nursing care,
particularly in the R.N. — Registered Nurses — category, but as far as,
for example, demanding a certain level of technician be employed, we
do not have this authority. This is one reason why this certification
would be another yardstick. We could incorporate in our regulations
that certified technicians be emj^loyed.
Senator Erhart : AVould you be willing to make a comparison as to
the technicians in private institutions compared with the State Hos-
pital ?
Dr. Porter: I'm told. Senator, by people whose opinion I respect,
that we are more fortunate in state service to be able to get a more
competent technician than is true in private enterprise and I think
this is reasonable on the basis that even though the salaries in state
service for this group are meager, we are not in the business of making
a profit and operating a private psychiatric facility is expensive so that
corners do have to be cut and the private operator is up aganst the fact
that he has to get the best he can for the least possible cost.
24 COMMITTEE OX TREATMENT OP MEXTAL ILLNESS
So I think it's probably true that — to make a generalization, and
I'm sure it could be established — but to make a generalization, I
think we have better qualified people in our psychiatric service.
Senator Erhart: Do some of the applicants for state service come
from these private hospitals?
Dr. Porter: Yes, sir. You see. Senator, all it takes to apply for a
psychiatric technician trainee is a high school graduation and so this
is a pretty broad base.
Senator Erhart: Well, they don't have a training program as we
do, do they?
Dr. Porter : That is correct. This is one of the defects in the private
facilities. Now, there are one or two nationally recognized private
facilities in the State who have some training but by and large, most
of them do not.
The Chairman: Doctor, following that through, on nursing homes
that are licensed by the State Department of Health, they do have
the right to stipulate that they have a registered nurse in that type
of hospital, don't they?
Dr. Porter: We do too, Senator Thompson, in the registered nurse
series. We can demand in our license facilities that there be registered
nurse facilities.
The Chairman : You have the same ?
Dr. Porter: We have the same but not in the technician series
we're studying today.
The Chairman: And it's not required they have a registered nurse
in all the private hospitals for mental illness; is that it?
Dr. Porter : I have to consult my attorney, Mr. Deming.
Mr. Deming: Senator, we do make requirements down to the nurse,
from the doctor on down. The psychologist, et cetera, down to the
nurse. But we don't go any further at the moment. We can but we
don't simply because there is no standardization statewide for the
psychiatric technicians and that's what we're trying to do here, I
think, to patch that bracket. We can't deal with it now because of no
standardization of education, no standardization of training, no stand-
ardization of experience, statewide, so we cannot impose it now in the
private operation simply because they can't get that kind of people.
So we go down with the requirements — down to the R.N. We do
require R.N. for the institution but there may be only one. The rest
of them — we have to stop here because of the lack of any requirements
which we could impose and that is one of the things that we're trying
to deal with through this problem that we have.
The Chairman : In other words, they might be required to have one
registered nurse for a portion of the day?
Mr. Deming : They are.
The Chairman : The balance of the time they can pick out any indi-
vidual and use them and still comply with the law and rules and
regulations ?
Mr. Deming : That 's right.
The Chairman: Do I understand, Mr. Deming, that wliat you're
saying is you'd like to extend those regulations by saying tliat in
addition to having a registered nurse and in addition to liaving a cer-
tain type of psychiatric care, you'd like to go one step further and
SUBCOMMITTEE REPORT ON rSYCIIIATRIC TECHNICIANS 25
prescribe some sort of standards for what is now known as attendants,
but you are unable to do so because there is no way to describe tlicni
because of not having certification ; is that correct 1
Mr. Demin<i' : That's correct. And one more step. It's the training.
We are unable to lay down training because there is no uniformity.
The only prescription we have applies now to the state service. So
we feel that as a practical matter, for a private operator now there
is no standardized training, no standardized recjuirements, so because
there is none now, we can't impose that on the operator. We can't
impose something on the operators that they are unable to get. That's
a practical situation.
They cannot now get technicians with a certain kind of training.
The small places, they can't do training. The larger ones possibly can.
But in the absence of some standardization in this field that would be
recognized as statewide, we feel that it would be unfair to private
operators to impose qualifications on them.
Yet, we'd like to and think it should be done. And we think through
this kind of a proposal that is here made, that will eventually come
to pass.
Senator Erhart : T interrupted Doctor Porter. lie hasn't completed.
Dr. Porter : I 'd like to say that I think you picked up a most im-
portant point, the fact that if we can get away from this ten thousand
technicians in our facilities and think about the public service of the
two thousand technicians in these private institutions where, as you
have just brought out yourself, there may be one nurse, but the rest
of the day is stafl^ed by attendants. I think this is particularly im-
portant and I'm glad that you picked it up.
Now, the third area that is new and since this committee met pre-
viously or this matter was discussed previously, is the new look in
mental health that Senator Alan Short provided the State when he
authored and carried through the Short-Doyle Act for community
mental health services. As you know, this makes it possible for cities
and counties to set up inpatient and outpatient and other treatment
services with a state subsidy. And the city in which we are meeting
today has set up such facilities and the county in which we are meeting
has set up such facilities. So this is, Senator Thompson, a progressive
area mental health wise.
Here again, cities and counties will be setting up programs that re-
quire, aside from registered nurses, psychiatric technicians and assist-
ants. Even in the private licensed facilities we are responsible — the
Department of Mental Hygiene is responsible for the administration
for the Short-Doyle Act. We set standards. We supervise the adminis-
tration of the act and the availability of the subsidy. So if there's a
certification of psychiatric technicians it would enable us, just as Mr.
Deming described, to properly categorize or set standards for this
group of individuals, many of wdiom will be employed by cities and
counties under the Short-Doyle subsidies.
The Chairman : That would increase the number ?
Dr. Porter : This would increase it materially. As you know, this is
the general direction in which mental health programs are going to en-
courage the communities to participate and meet their own needs and
26 COMMITTEE ON TREATMENT OF MENTAL ILLNESS
SO we view this as a continually growing area in whieli more and more
technicians will be involved because more and more facilities will be
developed. For example, during the first six months of the operation of
the act which was the first six months of this calendar year, there were
six cities and counties that had these Short-Doyle programs. Now, effec-
tive the first of July, there are 12 cities and counties that have these
programs. So it's growing slowly but steadily and many of these pro-
grams will require technicians as they develop inpatient services.
Now, the last point I wish to make is that we have standards for all
the other professions. We have standards for physicians ; we have stand-
ards for psychologists ; we have standards for nurses ; we have stand-
ards for rehabilitation services; we have standards for social workers.
The only profession in the psychiatric field for which we do not have
certification is the psychiatric technician. And as you heard from the
prepared statement from the C. S. P. T., the psychiatric technician is
the individual who is with the patient all day and then the other profes-
sions participate in the program as their time permits. So I think it's
only reasonable that eventually — and I would hope soon — we recognize
this group of individuals by certification, certifying as to their training
and their experience as psychiatric technicians in this highly specialized
field. 1 think it's quite obvious that to be responsible for 10, 20, 30, 40,
50 mentally ill patients in a ward is a very difficult and exacting task
and it's a iinique profession and certainly I feel that it's high time that
we took the first step of certification which I feel will lead eventually to
a licensure.
Now, I'm aware from the prepared statement and from other infor-
mation that there has been controversy as to what type of board should
be responsible for the certification and I would like to agree with the
former directors of mental hygiene that there should be a special board
for this purpose. Because of the controversy over which one of the
medical arts the board should be under it is my own feeling that in
many of these situations the psychiatric technician in his day-to-day
operation reports directly to the physician in charge of the operation. I
am thinking not only of state hospitals but I am thinking of private
institutions and since this is a medical program and in order to avoid
the controversy that has plagued us in the past, it would seem to me
appropriate to put it under the Board of Medical Examiners and a
board of certification of psychiatric technicians.
Statement of Walter Rapaport, M.D.,
Superintendent and Medical Director, Agnews State Hospital
The Chairman : Dr. Kapaport was formerly state director and is now
superintendent at Agnews State Hospital.
Dr. Rapaport : I am still of the same opinion that I was a few years
ago that the psychiatric technicians should be recognized as a profes-
sion, a professional people. When Dr. Tallman introduced the term — •
I think he did — at least in his time the term "psychiatric technician"
was adopted, it was primarily to give the professional recognition he
felt and we felt was due this particular group.
I appeared before this committee — it wasn't this committee, but it
was a committee of the Senate and it's been documented — in favor of
SUBCOMMITTEE REPORT ON PSYCIITATKIC TECHNICIANS 27
lieensin*!^ the psychiatric technician group. I, of course, am just as fa-
vorable to providing some form of registration or certification for this
group. Also, at another Senate eonnnittee meeting several years ago I
proposed — and tliis may be beyond the scope of this particular commit-
tee— I proposed that all of the persons dii-ectly engaged in the healing
arts be placed under one board, that there be only one board. I think
the District of Columbia has that now, the board to be known as the
Board for the Healing Arts, and that all of the subdivisions which con-
tribute to that, including the physicians, nurses, technicians and so
forth — I won't go into the other professional groups that we do not
have — but even all groups who are interested and take part in taking
care of the ill should be under one board.
Until that time, however, I do not feel that the technicians should be
under any board but should have their own board. In other words, I 'm
thoroughly in favor and did so testify that the Board of Medical Ex-
aminers should be the board that Avas the master board for all of the
persons dealing with the ill. And I am still of that opinion. I think it
would be much easier if a separate board were created at this time since
all of the other groups, similar groups, having to do with the care of the
ill have their own board. I think it would be easier and fairer to
this group that they also have their own board until such time as the
Legislature sees fit, if they ever do, to hold under one group.
I think certifying technicians will contribute to the care and treat-
ment program of the mentally, nervously ill and handicapped. I thinic
that it's generally acknowledged now by a lot of the better operators of
private sanitariums that the care given to the patients such as we give,
the type of patient that we have at our state hospitals, is better in the
progressive states and in the public hospital than it is in the private
hospital.
I think that one way of elevating the private institutions to the posi-
tion of at least equality with state hospitals would be by certifying or
licensing all classes of people who deal directly with the care of men-
tally ill. As Mr. Deming brought out, it's very difficult to impose a re-
quirement on a private institution when we can't give them — not only
can't give them the people, but also can't give them the standards b,y
which they are to guide themselves.
However, in an act of this kind, I presume that the standards will be
set up in the act, what constitutes a psychiatric technician and how the
psychiatric technician will be related to the general treatment program.
I think this also should apply to those people who operate independ-
ently of any hospital or any institution. There are unquestionably a
number of people who are taking care of private cases mentally, emo-
tionally ill and handicapped, who are not connected in any way with
any institution, public or private, and who in no way come under the
jurisdiction of the Department of Mental Hygiene or the Department of
Public Health or any other state agency and I think they also should be
included when the bill is finally drafted.
I feel that the psychiatric technician in the past seven or eight years
— nine years — has developed to the point where they really can be
recognized as a professional group. Now, this was not true, 10, 15 or 20
years ago although many of the people who worked in our institutions
28 COMMITTEE OX TREATMENT OF MENTAL ILLNESS
at that time were very competent and devoted people and a large num-
ber of them are still with us and have obtained the training which we
felt was essential to their operating at the level which modern psychi-
atric knowledge has attained.
And so we feel that our people are eminently trained, eminently
qualified personally and from a humane standpoint, from every stand-
point you can consider, to be certified under any law which would con-
template the certification or licensing of the psychiatric technician.
But by reason of the fact that the training cannot be extended or has
not been extended beyond the state hospital walls, the private institu-
tions have not had this advantage. On the other hand, San Jose State
College, as you know — and maybe some of the other schools — have
started courses and in association and in co-operation with the state
hospital has continued a teaching and training program for people and
the private institutions could take advantage of that as well as the per-
sons who will operate privately in the care of patients not connected
with any institution.
I feel that it isn't merely a matter of dignifying a group. I think that
should be considered and I don't think it's merely a matter of giving
recognition to a group although I think that should be considered. I
think our ultimate consideration should be what is best for the people
of the State of California and especially the people who require the
services of this group of persons.
And I believe in my experience, my observation, that the type of care
which our people will get will be definitely and markedly improved if a
certification or licensing was had. I base this primarily on improvement
Avhich we have obtained in our own hospitals even in the absence of
certification but by reason of the training which we have given our
people.
And now, we would not have to be certified. Our people would not
have to be certified in order to operate in state hospitals. So I say it
isn't the recognition or the dignity which the certification will give
which will improve them. It will be the improvement in the level of the
abilities of the people who are taking care of the sick that will benefit.
For that reason, and for that reason mostly, I feel they should be certi-
fied because the results to the people of the State of California, or any
state, or any community, which has such an act or such a provision
would benefit. And that's the reason I endorse and will support any
move toward the certification or licensing, or both, of the psychiatric
technicians of the State of California.
The Chairman : Thank you. Doctor.
Senator Erhart : Doctor, do you agree with Dr. Porter that at the
present time maybe certification would be the first step ?
Dr. Kapaport : Oh, yes. There is no difference of agreement. In the
department itself we have no difference of agreement. This is the policy
of the department and we agree.
I recall some years ago being in the Ignited States Senate listening to
them argue and one senator said he feels like takiuQ- what he can and
fighting like hell for the rest and I feel in this situation that 's what we
have to do. "We shouldn't w^ait until we can get the whole bite. "We're
sufficiently confident of our position that we're willing to go part way.
SUBCOMMITTEE REPORT ON PSYCHIATRIC TECHNICIANS 29
In other words, if we had any doubt as to the position we have, then
we would want to pet it all at once so we'd have it and we wouldn't
have to prove anything. But this way by taking' it a step at a time, 1
think it only exemplifies the confidence which the department has, the
employees' associations have and in attaining- the goal which is being
sought by this sort of legislation.
Senator Erhart : Do you think, Doctor, if we adopted tliis certification
program that the State might have to train these technicians in their
hospitals in order to provide technical training to those people who are
going- to work in these private institutions?
Dr. Kapaport: It's hard to anticipate that bnt I can see no objection
to that. In other words, our problem is this : it isn 't merely to take care
of patients in the hospital but an institution provides other duties and
responsibilities for the department.
If we can help private institutions by training them, it will be much
cheaper for ns to give them the training which will permit them to give
the sort of treatments which will keep the patients out of public hos-
pitals and get them out of their hospitals just as quickly as we are
proving we can get patients out of our hospitals if we have adequate
treatment.
Senator Erhart : Doctor Porter stated there were six cities and
counties at the present time that have already availed themselves of the
act. Now, somebody has to train those people in those institutions, do
they not 1
Dr. Rapaport : They can and I say that would be the cheapest thing
the State would have to assume. But I also believe — as I say, San Jose
State College already has a program. I 'm not sure about Sacramento. I
think we may have a program. Certainly other schools would develop
programs. That would be cheap.
Whether we train them or somebody else does, it would be cheap for
the State because the very expensive part of caring for the mentally ill
and handicapped and emotionally ill is construction, continual building
of new buildings. That we're reducing now by improving the level of
treatment at our hospital. Now, if we can improve it at other hospitals
and encourage it in private hospitals, then we have gone a further step
in reducing the ultimate cost to the State.
Senator Erhart: Do you feel the 12 months training program we have
at the present time in the state institutions is sufficient?
Dr. Rapaport : I think there is a general agreement — I don 't like to
speak for our whole group- — but I don't think we ever feel anything is
sufficient and adequate. "VVe feel for the moment and for the period of
advancement in our program that it's good but we certainly hope to
improve it and will continue to hope to improve it. Whether it will be
another year, 16 months or 8 or 10 months, I couldn't say.
Senator Erhart: In this Bill 393, originally they thought of 18
months and then cut it to 12 months. I suppose that was the thinking
on the part of someone to cut it to 12 months and that would probably
be sufficient?
Dr. Rapaport: That was probably the most practical that we could
think of at this time or at the time the bill was written but those details,
of course, can always be changed or modified as time goes on. What we
want is the principle to be adopted and the law set up and then we'll
30 COMMITTEE OX TREATMENT OF MENTAL ILLNESS
see how it operates and certainly nothing bad can come from this law.
We know that. But whether it can be improved, I think, as time goes
on we '11 have to change it.
Senator Erhart : At the end of 12 months training program it would
be necessary to take an examination, would it not, becaiLse some people
would assimilate this knowledge in a lot less time than others and there
might be some where 12 months is not sufficient ?
Dr. Eapaport : That is correct. So there would have to be some exam-
ining procedure set up, the same as the school.
The Chairman : Doctor, at the present time in a private hospital no
training is required whatsoever. Maybe it would be better to make it
pretty short, a short training period, and gradually build it up 1
Dr. Eapaport : Xo. What I said, we should take things steps at a
time. I think the steps themselves should be complete. I don't believe
that we can condense a training program into a much shorter time
than 12 months at this time.
The Chairman : Doctor, for years we have talked of certification, of
licensing, or of registration. Xow, would you explain what might be
a primary step and what in your opinion the law should be based on
and state the difference between licensing and certification ?
Dr. Eapaport : Licensing goes just a little bit further than certi-
fication or registration. I don't think I'm competent to go into the
semantics of the two terms. Licensing — I would not try to answer that
cpiestion. Licensing is, however, a step further than certification or
registration.
Senator Erhart: I don't think you haA'e to sell the committee. It's
just that we want to get information as to how the bill should be repre-
sented to sell to the rest of the people of the State of California.
The Chairman : Doctor, one more question. In the state mental hos-
pitals you do have facilities to train people? I mean, they would be
working with those who are already trained ?
Dr. Eapaport: That is correct. We have a teaching staff budgeted
and, of course, then the majority of our people now are trained. The
only ones now, with very few exceptions — I would say practically all
of them have been trained except those who are new and coming in.
The Chairman: And you can place them in certain places where
their responsibilities are not as great?
Dr. Eapaport : Yes.
The Chairman : And also those that were to be placed in private
hospitals did work or were trained under the State, outside of San
Jose State and perhaps some of our other state colleges with very lim-
ited facilities to train, and as Dr. Porter said, the increase that's
bound to come about under the Short-Doyle Act, should there be other
means devised whereby they could get their training or do you believe
they shoiild necessarily get their training through the state hospital ?
Dr. Eapaport: I think that the Deartment of Mental Hygiene in
itself already established a program of educating, which we already
are authorized and directed to do by law, should undertake that as an
additional duty and have the personnel to do it. Whether they actually
do the teaching or whether the private institutions would want to
set up their own teaching program under the departmental control
SUBCOMMITTEE REPORT ON PSYCHIATRIC TECHNICIANS 31
and g-eneral policy makiiifx, I wouldn't be prepared to say, but cer-
tainly they should be trained and if it's necessary for tlie State to
do it, the State should undertake it because of the economy.
The Chairman : Also, now we speak of certification and of licensing.
If a bill did pass the legislature for certification, it would just be a
means of letting pro,s]iective employers know that they had some
experience but they could still engage anyone they wanted?
Dr. Ka])aport: That would depend on the details in the law. If a
law provided in certain types of institutions, taking care of certain
types of people, there must be a certain classification of employee, then
that would be mandatory on them; they would have to. But on the
other hand, if the law provided — it would be pretty hard to provide
anything else. You'd have to go one way or the other. You can't say
we recommend you employ certified people but if you don't want to,
you don't have to. I think the law would have to provide that in order
to be licensed by the department, they would have to maintain the
standards set up by the department which would be carrjdng out the
standards set up in the legislative act. So they would have to conform.
The Chairman : I can remember probably 10 years ago we made an
investigation. I was in the Assembly at the time, chairman of the
Committee on Public Health and we made an investigation of the
private mental hospitals and it was rather deplorable and we know
that even though your department does license them, it's pretty well
impossible to keep them under the regulations that you would like
to see. Do you believe mere certification would help that condition?
Dr. Kapaport : Well, Senator, you have been around ranches and
I think even live on one. You have got to have a fence that's got to be
complete. Otherwise, the sheep or the cattle or whatever it might be
will drift away.
Certainly, we're deficient in our inspection service but I don't think
the fault lies entirely with the department. As far back as I can remem-
ber we have been trying to obtain a more adequate private institution
inspection. It's true 10 years ago we had one man and I think a clerk;
is that right? We had only one man to take care of all these private
institutions Dr. Porter spoke about.
Mr. Deming : Three.
Dr. Kapaport: Three. Excuse me. Well, that's still not adequate.
Certainly it would be idle to pass a law that you cannot enforce by
reason of the fact that you have no enforcement officials. But I think
this is not a small matter. You have to decide first whether or not we
should have certification. I think that's what we're asking for at this
stage. Then how certification may best be obtained and what the re-
quirements to be certified should be.
Then you will have to provide in the act how the people are to receive
the training which would be necessary in order to be qualified to be
certified. Then some other act will have to provide for the enforcement.
We have never admitted that we have sufficient inspecting personnel.
In New York they have a Deputy Commissioner of Mental Hygiene,
the same as a deputy director here, who has charge of this and has a
big staff who goes around, not only to private but state institutions as
well. So that would also have to be contemplated by the Legislature.
32 COMMITTEE ON TREATMENT OF MENTAL ILLNESS
In other words, not to pass an ideal act which can't be enforced be-
cause there is nobody to enforce it.
The Chairman: Well, doctor, alon^ the same lines then, would you
gentlemen want a grandfather clause that would automatically blanket
all of them in, say, that had a few months or short period of time in
either private or state ?
Senator Erhart: At least 12 months, wouldn't they?
Dr. Rapaport: That's what I was going to say. Certainly no grand-
father clause should take in with complete recognition a person who
has just gone to work. But I think if they have completed the minimum
training which is now provided, or any other period which the Legisla-
ture feels is sufficient, that they should be certified immediately. But
you have to start with a unit. You can't start from a vacuum.
As to the private institutions, I think they should be given a certain
length of time. You can 't close them up and say you can 't operate any
more until you have this situation. I would say they should be given a
reasonable time. What this would be, I'm not prepared to say but I'm
sure after your hearing investigation you will come to the point where
it's one, two, three years. But they will then have to meet these speci-
fications in order to be licensed by the department.
Senator Erhart : Mr. Chairman, I was going to ask this question from
someone else but you 're a good witness so I '11 ask you this question :
Don't we have at the present time this training program then — I think
they're juniors and seniors?
Dr. Rapaport : Trainees.
Senator Erhart: After they graduate?
Dr. Rapaport : That's right.
Senator Erhart : Is it only for a matter of salaries or are the duties
different ?
Dr. Rapaport : The duties are different. The difference between a
trainee —
Senator Erhart : Beyond the trainee.
Dr. Rapaport : Their duties are different. The.y take on more respon-
sibility as they go up.
Senator Erhart : All right. Then, if we certify, should there be clas-
sifications in the certification or would they — when they're once certi-
fied they could go into private institutions and do any of these duties
that are varied between these steps ?
Dr. Rapaport: I think it would be sufficient if j^ou certify at the
level of the graduated course. It would be difficult to do otherwise.
But the private institution, we must remember, is going to do what
will bring them the most in return and it wouldn't be good business to
employ at the supervisorial level the most incompetent person they
have. They will, I 'm sure, pick the best that they have as the require-
ments and responsibilities increase.
But the certification should be only for the one level, the same as a
physician. You license a person as a physician. Some are certainly better
than others. You don't license to do a certain kind of surgery and if
they have to do more complicated type of surgery, they have to have
another license. It's a difficult thing-. It would be nice if vou could do
that.
SUBCOMMITTEE REPORT ON PSYCHIATRIC TECHNICIANS 33
Senator Erhart : AVho makes a detenniiuitiou in a hospital when a
man becomes a jnnior when he <j:racluates up to a higher ehiss?
Dr. Kapaport : AVell, of course, we are under civil service and the
Personnel Board sets up an examination system and they have various
classifications and examinations for promotion or appointment to that
particular level. So as the level becomes hi<>her, the examination be-
comes more difficult.
Senator Erhart: And we would continue that after we certify also?
Dr. Rapaport : Oh, yes.
The Chairman: I should have asked Dr. Porter this question. This
committee also was instructed to get testimony on salaries. Now, would
you care to comment on salaries?
Dr. Rapaport: Well, I think Dr. Porter already commented on that.
I think he said the salary was meager and I '11 agree with that.
The Chairman: Probably as we go on later on we'll come out with
the people that are directly concerned with the salaries.
Senator Erhart : Mr. Chairman, do you know how the salaries at the
present time compare in private institutions to state institutions? I
think probably an official report would have that.
The Chairman: Probably. I certainly don't know. I think the private
institutions are hit and miss, whatever they can get.
Dr. Rapaport : They give maintenance too in the private institutions
so you have to break that down.
Senator Erhart : Before we get into the salary end of it, I think we
should — if there are further witnesses that want to speak in regard to
the licensing or the certification, they should be heard.
The Chairman : Well, we have Dr. Lieberman also.
Sfatement of Daniel Lieberman, M.D.,
Superintendent and Medical Director, Mendocino State Hospital
Dr. Lieberman : I have no prepared statement for the committee
but I would like to make a few brief remarks pertinent to the subject
with particular reference to the changing picture in the treatment of
mental illness and how it affects the status of psychiatric technician.
I think over the past 10 years at least — and certainly over the past
six or seven years — the character of the mental hospital has been chang-
ing and it will continue to change more rapidly, I believe, from an in-
stitution that was prepared primarily to render kind, humane, custodial
care to patients committed there to psychiatric centers which are con-
cerned with not only the treatment of mentally ill persons committed
there, but are concerned with the continuous treatment of patients after
they leave the hospital so they can remain outside of the hospital.
For example, at this time we have about ten thousand patients who
are on the rolls of the mental hospital but wdio are on leave of absence.
Also, the psychiatric center of the future of the hospital that we are
developing will be more and more concerned with the proper training
of all individuals who treat mental illness.
The hospitals will be concerned and are concerned with the reasons
for mental illness and the way it may be prevented so that we are
developing research programs in this direction. The hospitals are con-
34 co:mmittee ox treatment of mental illness
eerned with the knowledge of the community insofar as what the hos-
pital has to offer and insofar as what the commnuity might expect of the
hospital in treating patients and what it might expect of the hospital in
preventing patients from coming to it.
So we see with this changing picture that the hospital from one
function of custodial care has taken on many, many functions and has
spread its wings and has embarked into community enterprises. Along
with this, the Department of Mental Hygiene and the State of Califor-
nia have been encouraging private enterprise and communities to de-
velop resources of their own with assistance from the state to carry on
treatment programs, training programs, education programs.
And now, the psychiatric technician is very vitally concerned with
all these activities because it is he who is with the patient all of the
time. I believe that the basic service of the psychiatric technician is a
nursing service, contrary to some statements that have been made here.
However, it encompasses more than mere nursing for the ideal psy-
chiatric technician must have a competence, an ability and skills that
far surpass that which we expect from the average registered nurse.
The ideal psychiatric technician will carry out the treatment program
prescribed by a physician, whether it has to do with assisting in electro-
convulsive treatments, giving of drugs, conducting group therapy ses-
sions, giving actual bedside care, carrying out various rehabilitation or
activity programs. All of these things are expected of the psychiatric
technician.
Needless to say, not all psychiatric technicians are able to carrj- out
these functions because the most skilled of us with the most advanced
degrees have difficulties in this very complex area of human emotional
problems. But the group representing the psychiatric technician, the
California Psychiatric Technician Society, has dedicated itself to rais-
ing the professional standards of the psychiatric technicians so they can
carry out these functions which we expect of them.
Now, it is my firm belief that California has a unique opportunity in
developing a profession of psychiatric technicians or of psychiatric
technology which perhaps no other state can do at this time and this is
because of the training programs that have already been established
and the standards that have already been set up. In my opinion they are
not yet high enough but they are certainly a good beginning.
I see the psychiatric technician as having a professional standard
and professional status at least equivalent to that of a nurse. I don't
believe that we can expect from the nursing profession the numbers of
skilled people to adequately give the care and treatment to our patients.
We must rely primarily on the psychiatric technician group. Facing
this fact, I think it is incumbent upon us to do everything we can to
raise the standards of this group.
Certification, I think, while it does give recognition to what is being
done, what the technicians are carrying out, I think it 's most important
in terms of raising these standards. I would, myself, make the standards
quite strict but there has to be a beginning point and then they can
advance as time goes on.
This has been done, for example, in the specialty boards of the
medical profession. It used to be that with one year of specialized train-
ing after internship you could become a qualified surgeon. Today you
SUBCOMMITTEE REPORT ON PSYCll lATRIC TECHNICIANS 35
have to have five years of residency train inp: to be a qualified snr<>;'eon.
And so I think the same thinj; will be true of the psychiatric technician.
There mnst be a beginnin<i' point and I wonld see the be«'inning: point
as certification of this g:roup.
This is the essence of my statement, Senator, and T'd be very pleased
to answer any questions you might have.
The Chairman: Doctor, I'm thinking we have heard suggestions as
to what board or what group, as to whether, if the law is put through,
whether the psychiatric technicians should have their own board,
Avhether they go under the Board of Medical Examiners, or what. Now,
which would yon think?
Dr. Lieberman : I concur with Dr. Porter and with the bill as pre-
scribed wherein, as T understand it, the psychiatric technicians wonld
have their own board under the Board of Medical Examiners ; is that
correct? I believe that would be the proper place.
The Chairman : That is your recommendation ?
Dr. Lieberman : Yes.
The Chairman: Doctor, I wonder if you would tell the committee
what type of mental illnesses you have to deal with. Not you personally,
but in the broad field.
Dr. Lieberman : Well, mental illness runs the gamut from individuals
who are not psychotic in terms of hallucinating and being delusional,
but are so ill they are unable to carry out regular every day functions
and need some kind of psychiatric attention whether it is in a state
hospital or whether it is in a day care clinic or whether in an out-
patient clinic.
Starting with the severely neurotic individual, it goes on to the very
seriously regressed mental patient who needs practically 24 hour at-
tention in terms of bathing, feeding, and that sort of thing. Then there
are special problems, emotional problems, that we deal with which we
consider to be the province of psychiatry. Sometimes I think psychiatry
took on too much when we said this but at least we deal with problems
of alcoholism, problems of narcotic addiction, problems of sexual
deviation.
Then I think the large group that requires nursing care that is of
a very dedicated nature is the mentally retarded. These people in our
mentally retarded hospitals, most of them are very severely physically
handicapped and they need nursing care of the very highest order.
And I don't care what professional group has gone into the hospitals
of the mentally retarded and has seen what goes on, every group that
has ever discussed this with me has had nothing but the highest
praise for the people who take care of these individuals and I might
say most of them are psychiatric technicians. This is nursing care of
the highest order.
With the expanding program in mental hygiene we envision such
things as day care centers where people will come and receive treat-
ment during the day and go home during the night. This will take
a certain kind of nursing or psychiatric technician service that hasn't
been rendered before.
With a closer contact with the community center, some of our people
will be involved in rehabilitation activities of our patients in the com-
munity. And with the development of training programs, psychiatric
36 COMMITTEE ON TREATMENT OF IMENTAL ILLNESS
technicians themselves will be involved in the training programs as
they are today.
The skilled teacher does not have to have a degree from college. He
can well be the person who has come np from the gronnd floor, as it
were. So the activities of this gronp is probably broader than any
other gronp that works for us.
The Chairman : Doctor, is this the way the procedure works in the
hospital, that the psychiatrist discusses the particular problem of the
particular individual from records of whatever source he wants and
then he gives directions to the technician as to what is to be done with
this patient and how he is to be handled?
Dr. Lieberman: That is correct. The individual treatment is pre-
scribed by the psysician in charge of the case and the technician or the
nurse will carry out the prescription of the physician.
Now, where there are group prescriptions, as it were, or group pro-
grams, again this decision for a group program is ultimately rendered
by the physician, usually with the assistance of the people who work
with him. They discuss the situation together and decide they will enter
into a particular kind of program on a ward. The reponsibility for this
program is the psychiatrist's, but the responsibility for carrying out
the program is the technicians' primarily.
The Chairman : And does it happen upon occasion, Doctor, that the
psychiatrist might ask the technician what he thought best for the
particular patient 1
Dr. Lieberman : I think that happens very frequently and we would
feel that our most skilled psychiatrist would carry out their functions
in exactly that manner, in getting the opinions of those people who
work with the patients. These people not only give their opinions ver-
bally, but in the medical folders of the patient they make observations
of the patient which can be very pertinent to the program prescribed.
The Chairman : Doctor, with our increasing population, I under-
stand that the number of mental patients in our hospitals has not
increased. In fact, it has gone the other way a little bit. We know it's
an overall thing that was brought about by anyone who has had any-
thing to do with the mental hospital. Would you care to comment
on that?
Dr. Lieberman: Yes, that's true and I think that I might be a
little radical in making this statement. But I believe that given two
primary factors, that this population will decrease even further, even
bej'ond our wildest dreams. If the average stay of the patient in the
hospital is one year, and I believe it can be made in one year, it would
mean we can reduce the population of our hospitals to the number
of admissions annually which now is about 20,000 a year. Right now
we have about 40,000 mentally ill patients in the hospital.
I believe then, with these two basic factors, first, an adequate treat-
ment program in the hospital — and this means trained personnel —
and secondly, with an adequate aftercare program, the kind of pro-
gram that can treat patients either before they get to the hospital or
after they leave to keep them out so they won't return, with these two
programs, I believe that our hospital bed population will decline even
further.
SUBCOMMITTEE REPORT ON PSYCHIATRIC TECHNICIANS 37
The Chairman : Well, has the Sliort-Doyle Bill had aiiytliiiig to do
with the reduction ; lias it in-ogressed enou<2:h that that would account
for quite a portion of it?
Dr. Lieberman : In my opinion it has not. In the first place, the
Short-Doyle program is just getting- off the ground. In the second
place, the admission rates to the hospitals have continued to increase
so the Short-Doyle programs have not prevented patients from coming
to the hospitals. I don't believe that these programs are yet caring for
patients who have left the hospital. If the program develops in that
way so the patients who leave the hospital can get some support from
the Short-Doyle projects, then it might have some significant effect.
As of right now, I don't believe it has affected the hospital population.
Senator Erhart : Dr. Lieberman, a minute ago you stated that
thousands of patients — I forget the number you mentioned — were on
leave, I suppose, to their respective homes. Now, what supervision or
guidance do you give those people when you once grant them leave?
Dr. Lieberman : AVell, the 10,000 patients that are on leave now are
under the supervision of the Bureau of Social AVelfare — what we call
the Bureau of Social Work which is in the Department of Mental
Hygiene. These bureaus are located — branch offices are located through-
out the State, San Francisco, Oakland, San Jose, and so forth. They
are responsible through their supervisors to the Director of the De-
partment of Mental Hygiene.
The state hospitals give whatever assistance they can through psychi-
atric consultation to the bureau workers. However, the program is car-
ried on mainly by social workers. The department at this time is looking
into a method wherein we can give a little better medical direction to
the patients in the field.
Senator Erhart: It seems like the State — you had a patient at your
post, for instance, and he might have been there for a year or several
years. The State had expended considerable money in his care and
treatment and then when he goes to his home, which might be in some
area far removed from the large centers of population — San Luis
Obispo County, for instance — I wonder what type of supervision you
could offer a patient on leave in an agricultural area a long ways from
centers of your people who supervise these people when they are on
leave. Do you feel that the service we give these people, these 10,000
people, is sufficient
Dr. Lieberman : No, sir.
Senator Erhart : to justify the expense the State has gone to in
their earlier period of treatment at the hospital. Don't we lose probably
the effectiveness of this treatment when you allow them to go back to
their home unless they have proper supervision and guidance? I don't
know — you know what it would take.
Dr. Lieberman : That is correct. I believe that we should give a little
better medical supervision and direction to these people on leave. I
think that as good a job as possible is being done with what we have
but it's my personal belief that we should look at this particular pro-
gram and develop it.
Senator Erhart : What percentage of people that you have granted
leave come back again ? Do they come back more than once or twice or
what ?
38 COMMITTEE OX TREATMENT OF MEXTAL ILLNESS
Dr. Lieberman : I believe about 30 percent of the people who go on
leave, or about one-third of the people who go on leave will come back
into the hospital again. This in itself is not really a good measure of
the etfectiveness of the iDrogram because sometime it's desirable to have
a patient come back to the hospital once or twice a year in order to get
him out again, and certainh- that's better than keeping him in the
hospital.
But I think the point that you make, Senator, with which I concur,
is that many of these people do not receive adequate supervision.
Senator Erhart : Can thev come back to the hospital of their own free
will ?
Dr. Lieberman : Yes, they can and this is one of the things that we
encourage. Of course, when they go into a leave situation, we attempt
to — well, we wouldn't let them go unless we felt they were going to
receive at least minimal supervision and we encourage them to come
back if the}' begin to feel worse.
Some of the hospitals have set up these after-care clinics where
patients are required to come back, perhaps every two weeks or every
three weeks, to receive continuing supportive treatment. I believe two
or three of our hospitals now have this after-care clinic.
The Chairman : Doctor, you mentioned about 30 percent, about a
third, return to the hospital.
Dr. Lieberman : That is correct.
The Chairman : Are alcoholics included in that third ?
Dr. Lieberman: No, they are not and the reason they are not — at
least not substantially — the reason the}' are not. Senator, is because
most cases of alcoholism that we treat in our hospitals we discharge at
the end of treatment rather than placing them on leave. Most of these
people we feel are responsible enough to themselves so they can be on
their own.
The Chairman : The reason I asked that is because it could raise the
percentage considerably if they were considered.
Statement of Samuel G. Hanson,
General Manager, California State Employees Association
The California State Employees Association has had a long interest
in this matter of licensure for the psychiatric technicians. The Cali-
fornia Society of Psychiatric Technicians is formed to establish a pro-
fessionalism in this particular field and we support them in this
endeavor.
Now our support is not a "me too" sort of thing. It's an active
support. As a matter of fact, as far back as 1939, the association advo-
cated the development of this licensure approach. At that time it was
rather difficult. They were called "hospital attendants" and they were
not recognized in the same way the}- are being recognized by this
committee today.
I assume personal pride in the fact that I suggested originally the
name "psychiatric technician." The first one that was tossed into the
hopper was ' ' psychiatric aide ' ' and we were thinking of different titles
and I thought of "psychiatric technician." At times I have regretted
making that suggestion because the personnel people were then known
as "personnel technicians" and I was one of them at that time and
SUBCOMMITTEE REPORT ON PSYCHIATRIC TECHNICIANS 39
they jiim])e(l on me sayiii<>', "AVhat arc ,yoii doino' to us?" So they
changed their name to "personnel analyst" and *iav(. fiu' title "psy-
chiatric technician" to the ])eoplc who were then hospital attendants.
We do favor lieensnre. We think that's the goal. It's the sort of
thing- that will recognize psychiatric technology as a profession. If this
is not done, I feel that the State is going to suffer and more than that,
the public is going to suffer. We feel pretty strongly about this matter
of the protection of the iniblic.
You have heard testimony here, very adequate testimony, as to the
number of people on the outside who are being cared for. We feel that
the individuals who are jiatients on the outside should have as good a
care as the care that is found in the State of California. Now, I am
very interested in this and I have had some experience with family
service agencies and many of the consultations and conferences we
have seem to revolve around one thing, the families who are about to
commit one of their members to, say, a private hospital. They are cqu-
cerned with who is going to take care of the member of their family,
Joe or Bill, or Mary, whoever it is. And then they ask the family
service consultants, "Well, what about the competency of these people,
day by day care ? ' ' You can say only people they have picked up ; some
are trained but very few.
So the people who are consulting the family service agency sort of
withdraw and say, "Isn't there someplace else? Can't we send our
member of our family to a mental hospital, state mental hospital 1 ' '
So if we want to do a good job in this State, I think it's important
that we increase the level of people on the outside. We think licensure,
as far as the state employees are concerned, is very important because
I think that it will stabilize — along wuth proper salary compensation,
it will stabilize this group. It will retain those who are in the field who
are competent, doing the day by day job, and it will also encourage the
young people to go into the field.
As it is now, the department can tell you recruiting is a rough job.
They are competing with a great number of industries and with other
vocations and they do not have a tremendous selling point. But if they
can say you're going into a profession and the level is high enough to
attract young people, then you're going to have a supply to take care
of the patients who are unfortunate and have to be in mental hospitals.
I think the last point is that we believe that the licensing should be
under a separate board, for reasons which have already been stated
here.
Now, that 's about our points. First, we do favor the licensure because
of the protection of the public. We think it will stabilize and we'd like
to have a separate board.
Now, any questions?
Senator Erhart : Yes. Mr. Chairman, I 'd like to make this observa-
tion : if we agree, and I think it was brought out by Dr. Lieberman and
Dr. Porter also, and others, that these technicians, their duties and
responsibilities, I would compare them certainly with R. N. 's. They do
the same kind of work. R. N. 's work wath normal people and you work
with peoi:)le who are not normal which makes it more dif^cult. But the
big problem there is the salary is not anywhere near in comparison.
40 COMMITTEE ON TREATMENT OF MENTAL ILLNESS
I can also say I think when we finally get to registering these people,
that there might be a field in private life for some of these people. They
might operate the same as the medical profession or any of those pro-
fessions today as this progresses.
But I think the big obstacle today is the salary. If we recognize the
fact they do equal work, then they should receive somewhere near equal
pav for'what they do. And after we get into the field of first, probably
certification, and then licensing, I think we will have to recognize that
other problem. Of course, we will have difficulty with the department to
get the money but I think eventually we will have to recognize that you
can't do one and not the other.
Mr. Hanson: It's unfortunate that the State of California has such
a high population of mental patients. If we had only a very few there 'd
be only a few technicians and the cost of giving the proper adjustment
to the "psychiatric technician would be less but people are always fight-
ing because you're talking about 10,000 people.
Senator Erhart : What do you mean — California has more ?
Mr. Hanson : No. I was thinking of the great number. If there were
only a thousand, there would be — the tab wouldn't be very much.
The Chairman : Costwise ?
Mr. Hanson : Yes. People gulp when they see the cost for 15 or 20
percent adjustment to bring them up to a proper level. And you add
that 20 percent translated into dollars, times ten thousand, for 12
months in the fiscal year. People start choking on it.
But I think maybe we have to choke a little bit and then swallow it
because this is a progressive State and we should be leading, not figur-
ing out ways to lag behind.
The Chairman : Along these lines, Mr. Hanson, have you folks made
a study of the comparable salaries in your mental hospitals compared
with other functions of the State Government?
Mr. Hanson: You mean on an internal relationship basis?
The Chairman : Yes.
Mr. Hanson : Yes, we have and as a result, some time ago we recom-
mended that the psychiatric technician group have their relationship
changed to, say, comparable to correctional officer, boys group super-
visor and girls group supervisor.
The Chairman : Was that taken up with the Personnel
Mr. Hanson : That has been taken up by the State Personnel Board.
I believe there is a study and Mr. Walter Taylor of our group would
report more fully on that. This came as a result of legislative resolution
asking the board to make the study. Unfortunately, we were not con-
sulted during the period of the study and I don't know that the De-
partment of Mental Hygiene was consulted on the Personnel Board
study so there are certain areas in which we have many, many questions.
Staiemenf of Francis Stanfon,
Director of Personnel, California State Employees Association
It's long been a goal of the C. S. E. A. to establish a licensure for
the psychiatric technician. We arrived at this by somewhat the same
process that's being used here, by holding committee meetings, discuss-
ing it with the people concerned and feeling that it was something that
SUBCOMMITTEE REPORT ON PSYCHIATRIC TECHNICIANS 41
was needed, not particularly for the technicians themselves, but for the
public and for the State.
We, as you know, as an association, atteui])t to do thiii«,'s that are
compatible with the best interests of good government : [ have worked
in the Department of Mental Hygiene some 29 years. 1 am not, howevei-,
a psychiatric technician but during this time I have observed many of
the changes.
When I first went to work at Pattoii State Hospital, the patients sat
on long wooden benches. They wore overalls and the place was dimly
lighted. All those things have changed. And now the patients are
dressed in clothes such as you might see the peoi)le here wearing. We
have adequate lighting, comfortable furniture, and the money spent to
do these things has certainly come back to the people because we don't
have the same patients coming back as we did and we are releasing
patients who have been there for years.
I feel that C. S. E. A. feels stronger toward the licensing than we do
for the certification approach. However, I think that we have to creep
before we can walk and, like Doctor Rapaport said, if we get one, then
we will be in a position to carry on for the other.
Stafements of Psychiatric Technicians
Actively Working in the Field
The Chairman: So I think then if we might proceed, I'd like to ask
Mrs. Ruby McCorstin to lead off. Mrs. McCorstin is from Stockton. This
is a hospital for the mentally ill. She is a charge technician, I believe.
At least she can explain some of her duties.
vf ^- ^ ^ ^ w
Mrs. McCorstin : First, I have worked for the State for 10 years in
the Department of Mental Hygiene and for almost six of that I have
been in charge of Chronic Disturbed Unit. And in those six years I
have seen drastic change. We came from custodial care to our present
way of thinking which is viewing the patient as an individual. We
haven't made those strides alone. It's been through the concentrated
effort of everyone.
In 1953 when I went to this unit, actually about the only thing
except for small group therapies w^as electroconvulsive therapy. Then
in 1954 we started using tranquilizers. And that did an awful lot for
the patients. They were more relaxed and they were accessible to us.
And by the patient being more relaxed we were more relaxed.
Then, after the tranquilizers, we had in 1957, therapeutic community.
In therapeutic community we all sit as a group. We delegate our au-
thority to these people and by the way, on this particular unit we do
refer to the patients as people, not patients. This was brought up in
the group meetings. They felt it would give them stature and prestige
and they wouldn't feel incapacitated if they thought of themselves as
people.
And I'd like to elaborate on a statement that Dr. Lieberman made
that the technician assists the doctor in diagnosing and prescribing
medicine. Well, just at that standpoint, it's very narrow, that commu-
nication. But now, since our therapeutic community meetings, on my
particular unit there is 130 patients and 38 employees. So I would say
42 COMMITTEE ON TREATMENT OF MENTAL ILLNESS
every day at our meetino- the doctor is exposed to around 145 different
vieAvpoints. We all contribute to this individual that's being discussed.
I just recently attended a doctors' workshop on therapeutic commu-
nity. In this workship, by hearing- the doctors speak, the eye of the be-
holder, we all hear something. We 're told the same thing but we hear it
differently, interpret it differently and therefore communicate differ-
ently. And the way we communicate with the doctor tells us just the
type care a patient has.
And in this workshop I heard the doctors express their views and it
was toward a general thing. I mean, we know what it is and the atti-
tude, that therapeutic community is a way of helping manage a ward,
of helping manage their own problems. But it was surprising to hear
so many different A'iews.
]\Irs. Levy : I guess I 'm almost dating myself when I tell you I have
had 30 years experience in hospitals, state hospitals and private sani-
tariums that I heard you discussing this morning. Sixteen of the years
have been in Stockton State Hospital and I am what you call an area
supervisor.
I think Mrs. McCorstin gave a fairly good description of what goes
on in the unit and as an area supervisor, I'm over a group of 800 men
and women patients and men and women technicians. I would like to
describe more fully one unit that is in the area in which I supervise.
The people that work on the units — the psychiatric technicians — they
have been chosen because they volunteered to work this research proj-
ect. They volunteered and then the doctor chose the ones that he wanted
to help.
They have to observe the patient. It's the study of the biochemistry
to try to determine if the biochemistry of the blood has any effect or is
the cause of insanity — or mental illness, I should say — and in this
research, the technician has to observe the patient for a 24-hour period.
That is an intensive observation. They have to take blood, do urine
specimens and in the urine specimens they also have to be trained to
test the specimens. In taking the blood they have to be trained to pre-
pare the blood to go to the university at Berkeley, California, for
examination. They have to do blood pressures and then the ordinary
nursing care, learn to weigh and measure the food, the intake and out-
put and so forth of the patient.
But beyond this call of duty, the male technicians also have to volun-
teer or are asked to volunteer to act as the control group so that they
would have specimens from the normal and the abnormal. And not only
the technicians, but any of the male personnel working on the unit.
There are both male and female technicians working in this work.
I felt that that was a project that was interesting and required more
than just custodial care of the patient. Also on this unit, they go on
with the other activities that are required on any other unit.
We have community therapy meetings and there patients participate
in the community. By that I mean in the area by going to dances and
shows and parties and little group discussions and music therapy
and so forth that any other patient would, and the technician is in-
volved in this and carries it out.
SUBCOMMITTEE REPORT ON PSYCHIATRIC TECHNICIANS 43
Senator Erliart: Ls the treatment different in these various hospitals?
Mrs. Levy: Well, in this area the treatment is not different bnt this
is a program that is, I think, on a national basis, is it not, Dr. Porter?
Dr. Porter : Yes.
Mrs. Levy: It has been carried out in other hospitals in the United
States and the patient is from 20 to 45 years old and his illness must
be functional.
But the interesting part of it is, I think, that where we talk about
tranquilizers and electric shock treatment, the patients on this unit, the
technicians have to use their psychiatric training to control the patient
because it will be the patients who are really very ill mentally that are
being trusted.
w ^ ^ gf ^ ^ ^
Mr. Turner : My classification is referred to as supervisor, supervising
psychiatric technician. My medical job, I work in the area mostly on
afternoons; sometimes nights. I have 15 wards, approximately a thou-
sand patients, approximately 64 to 100 technicians under me.
My basic job is to see that the unit as a whole runs smoothly, the
patients get the best care available, the doctor is on call and is with the
patient at any time he is needed, employee counseling, making out
various forms like psychiatric papers, and so forth. We have quite a
bit of book work in the State of California.
I would not like to limit myself to these particular shifts. I would
like to go to the day shift and attempt to give a 24-hour picture as to
what happens to the mentally retarded. Ours is, in quite a way, a dif-
ferent program from the hospitals for the mentally ill. I'd like to give
you a typical ward routine of a nonacute area ward. And now, what
I'm referring to is the ward that the patients are not in potential
position of requiring medical services with the exception of the emer-
gencies.
We come to work at 6.30 a.m. We get the patients up, toileted,
dressed, beds made, faces and hands washed and hair brushed. At 7.30
to 8 we have to serve breakfast, brush their teeth, wash faces, make beds,
and tidy up the wards. Then we do a double check as to the patient's
dress and cleanliness. Then they're ready for the activities for the
day, activities such as the school program.
Now, this may come as a surprise to some people, but in a hospital for
mental retardation, we do have schools. These patients are not all
blah as a lot of people tliink. We do not consider the condition a patient
comes in a good example, such as a patient comes into a hospital on
admission and he cannot put on his clothes. He cannot go to the toilet
by himself ; he cannot take care of himself.
Our job is, if possible, to train these patients to be able to do this
sort of thing so we can get them back out in society. The activities that
I was referring to range from school, occupational therapy, recreational
therapy, industurial therapy, things of that type, group therapy,
therapeutic connnunity setup. The patients and employees — employees
referring to technicians, social workers, doctors, the whole works as a
ward team — get together with this patient and help him with his jobs.
Now, as a hospital for mental retardation, the problems are some-
what different than they are in the mental illness hospital. We are
not out battling psychoses and things of that sort here. We are out
44 COMMITTEE OX TREATMENT OF MEXTAL ILLX^ESS
to train this person well enough to be able to come back and take his
place in society. I don't really think I should use the term, "come
back." I shall use the term, "come up to society."
Generally speaking, it's my duty to see that all this takes place, to
oversee him, to observe, to make corrections where necessary. This is
in addition to general standards of nursing care, emergencies that I
might have to take care of, such as a patient starts to choke. He is on a
ward two blocks from me and he chokes on a piece of meat or bread.
I have to get a hold of the doctor immediately, get him over in the am-
bulance, tracheotomy, oxygen — well, I could spend the whole afternoon
talking on a subject of that type. But we have to be equipped and
prepared to do all this.
Senator Erhart : "What percentage of your patients are children
and what group age do thej^ fall in?
Mr. Turner: At the time the hospital opened we were hoping to
have an average age range of around 12 to 16. As it is, that's not
quite it due to state circumstances. AVe have to take patients, I think
— now, I'm not positive but I think the age is approximately 19. That
is the chronological age, not the mental age.
Senator Erhart : You have adult patients also ?
Mr. Turner : Yes, we do. Referring back to this conception that a lot
of the people have up until recently considered the patient tyyie — -such
as mongoloid — having a life expectancy of 14 to 17 years, that's no
longer true. "We feel it's due to great advances in medicine plus good
nursing care. That particular type of patient, by the way, is very
susceptible to what we call U. R. I., upper respiratory infection, which
woulcl mean anything from colds to bronchial pneumonia, which is a
touchy situation.
Senator Erhart : Porterville operates differently than some of the
others ?
Mr. Turner: Well, it's a hospital for the mentally retarded and the
various duties have to, by nature, be different than a hospital for
mentally ill.
Senator Erhart : I think, Mr. Chairman, it would be wonderful if it
could be arranged sometime in the future, if the committee or some
of the members of the committee or Members of the Legislature who
are interested in this problem, if we could vi.sit some of these key hos-
pitals like Porterville. I have never been at Porterville and I certainly
would like to visit them and some of the others that are different and
probably three or four other hospitals.
Mr. Turner : I think it would be quite enlightening to anybody from
the Legislature that would come down and go through Porterville. I
would like to mention that we do have a so-called open door policy at
Porterville. Practically anybody can come in at any time of the night
or day.
Senator Erhart : How about the parents of these children ?
Mr. Turner: Now we are getting someplace that I like to talk on.
The policy we have adopted through C. S. P. T. is for the technicians
to get close to the parents. It's their kids but we are the mother and
daddy and sisters and brothers to them, and so far as we have gone Ave
have found that the parents are receptive to this idea.
SUBCOMMITTEE KEPORT ON PSYCHIATRIC TECHNICIANS 45
We are having a meeting with the parents gronp wliich is six hun-
dred some odd members strong at Porterville and discussing problems.
I can go np and say, "Mrs. Jones, Johnny was a pretty good boy
today. He went to the bathroom by liimself and went to school for
two hours and the teacher gave me a very good report on him. ' ' Things
of that type. I mean, get in touch with these people.
Instead of being the fellow in the white coat that's taking care
of what used to be referred to as some idiot out here, we're taking care
of Johnny.
Senator Brhart: And there's a definite hope that Johnny might go
home someday?
Mr. Turner : Very possibly.
The Chairman : What percentage of those in that category would go
home some day?
Mr. Turner : I cannot give you an accurate statement there.
The Chairman : But there is ■
Mr. Turner : There is a good percentage and it 's rising every year.
The Chairman : Along the lines that Senator Erhart has mentioned,
I made the statement several times that it should be a prerequisite
that any Member of the Legislature spend a day going through at
least one of our mental hospitals. I have been through Sonoma. Dr.
Porter arranged it 10 years ago and, of course, Porterville is along
the same type of patient.
W ^ ^ W -W TS* "Vf
Mr. Abbott: Thank you, Senator Thompson and Senator Erhart.
I concur heartily with the statements that have been made previ-
ously but I believe in a hearing such as this we might well set down
a principle which is involved and I think the principle here involved is
the licensure for the protection of the health, safety, and welfare of the
public.
If you give pride in the job through qualified licensure, both in
civil service and in private industry, you get results in performance
which will, over the long run, prove less expensive to the State of
California. Also, by raising the standard of employee performance,
you help improve the mental health of the patient so he can return
home earlier than before and this also proves less burdensome to the
hospital and therefore less burdensome to the State of California.
*******
Mrs. Fisher : My position at Porterville is senior psychiatric tech-
nician II ; in other words, in charge of a ward.
Mr. Turner has covered the basic routine of the wards. Mine is
somewhat different due to the fact that I have an acute ward of
infirm children ranging from 4 to 12 years old.
Several years ago the majority of those were all bedfast. Today
we have half of them up. Ten we have taught to walk alone ; two if
we hold our hands out are walking. These must be cared for com-
pletely. Teeth are brushed, and we must brush them; bathing, we
must bathe them; feed them, we feed all but five whom we have
taught to feed themselves. It takes quite a lot of time to spoon
feed. I have a census of 76.
These children are nonverbal which means the employees on that
ward must be very alert. They cannot communicate to us if they're ill,
46 COMMITTEE ON TREATMENT OF MENTAL ILLNESS
if they have a pain. In other words, we have to know by their expres-
sions, by their appearance, that this chikl is not feeling well, that he
has perhaps an elevated temperature. That, of course, means close
observation. We must know them. We must watch them very carefull3\
Children of this type do come up with unexplained high temperatures
just almost immediately.
There isn't one child on my ward that talks. We have one that we
have taught to say mama. And by the way, we had him presented to
us to be placed in home care. We have brought him that far. He is
a cute little fellow. We have others who are coming right behind him.
So one of our big problems is close observation and definite knowl-
edge of our patients. I think that's one of the big problems on
our ward.
*******
Mr. Sheridan : Mr. Chairman, I started working in the Department
of Mental Hygiene in 1947 without any idea at all of staying with
this type of work because at that time it was custodial and I was a
student. Then, fortunately, along in 1950 came the pilot study and I
was fortunate enough to be associated with it and found I could work
with the patients and a great deal of satisfaction was derived from
being able to work with them and being a part in getting them out
into everyday normal living. Then, in 1953, I worked in intensive
treatment which was a continuation of the pilot study and two years
ago I went to Atascadero as supervisor.
At Atascadero we have what is known as maximum security and con-
sists of sexual psycliopaths, which is about two-thirds of the hospital
population, and the other tliird mentally ill and criminally insane.
I think it's best, instead of telling you what I do, I'll tell you just
a little bit about what's going on in a couple of the units there because
we have many things going on and time is getting short. I think I'll
start at the opposite end. Instead of starting at the beginning when the
patient comes in, I'll start at the end when he is getting ready to go
home.
Most all of our hospital units except for two units on the outside— -
and out there we have approximately 180 sexual psychopaths — the
technicians are two downstairs and two upstairs, one man and one
woman.
Our main concern here for the technicians is individual group — indi-
vidual counseling, group counseling and what I mean by this is that
many of these patients, they are out there and still have things they
want to talk over. Well, what's it like on the outside in the community f
Is there still a chance for a job out there ? And in the group meetings
at which the technicians are all present, things such as this often
come up.
Well, you throw out the (piestion — what happens when a fellow runs
away from the hospital ? How does this atfeet us and how does it affect
the community? You're getting them to think about the people other
than just themselves. These are going on continually. Also on these
particular two units, the technicians are directly involved in meeting
the public because on certain days, on days when the weather isn't too
good, Ave have visiting out there right in the wards. So they have mainly
SUBCOMMITTEE REPORT ON PSYCHIATRIC TECHNICIANS 47
individual counseling, group counseling, and meeting the public in
those two wards.
Then, coming inside into the lockup area, one ward consists mainly of
the criminally insane and mentally ill. These are mostly all long-term
hospitalized patients. AVe have 47 and of those 47, 36 of them are now
on tranquilizers. This ward is run all by technicians. Here again they
have to learn how to recognize certain things as they come up along with
the drugs. For instance, what would you watch for maybe with thora-
zine, maybe sudden sunburn, things of that nature. They have to imme-
diately refer these to the doctor so he may be able to diagnose it.
Also in this ward, Avifh the medication, we're trying to motivate him
back into thinking of dealing with other people. For instance, we have
women technicians come to this ward, dance with the patients, sing
with them and talk to them. Also we try to motivate them with a tech-
nician taking them down to the open shop so they have someone around
who is familiar that they know so they have someone to turn to when a
problem arises.
Senator, to deviate for a moment, I'd like to submit this document
without taking the time to read it into the record. It is the California
State Personnel Board's specifications for the class of psychiatric tech-
nician with the definition, distinguishing characteristics, a listing of the
typical tasks, qualifications, et cetera.
California State Personnel Board
Specification for the class of
PSYCHIATRIC TECHNICIAN
Code No. 8232
Established 8/4/51
Revised : —
Title Changed —
Definition :
Under supervision, in a State mental hospital, to give personal
care and treatment to mentally ill and mentally deficient patients ;
and to do other work as required.
Distingiiisliing Cliar act eristics:
The class of Psychiatric Technician is the second level in the
Psychiatric Technician series and is the journeyman class. Employ-
ees in this class provide daily personal care to the individual men-
tal patient and are expeetecl through their attitude, manner, and
technical knowledge, to facilitate the rehabilitation of the patient.
They normally work under the supervision of a Senior Psychiatric
Technician I or II, or a Psychiatric Nurse, wdio makes assignments,
checks on performance of the work frequently, and is available for
advice and guidance.
Employees in the next lower class. Psychiatric Technician
Trainee, receive basic training in practical nursing and practical
psychiatric nursing during a training period of approximately one
year, following which they have opportunity to advance by exami-
nation to the class of Psychiatric Technician.
48 COMMITTEE OX TREATMENT OF MENTAL ILLNESS
Senior Psycliiatric Tee-hnieian I, the next higher class, is the first
level involving supervision of other employees. Employees in this
class may be either working supervisors or may perform difficult,
specialized work in one of the therapy programs.
Typical Tasks:
Gives personal nursing care to mental patients, including bath-
ing, feeding, habit training, haircutting, shaving, and dressing;
keeps the patients and their beds, clothing, and living areas clean ;
assists in creating a homelike environment for patients ; sorts and
counts laundry ; takes and records pulse, temperature, and respira-
tion ; applies and changes dressings and performs general practical
nursing; under supervision, administers medications and treat-
ments, including oral medications, hypodermic injections, catheter-
izations, enemas, and first aid; assists other technical personnel,
such as physical therapists, rehabilitation therapists, and X-ray
technicians, by preparing patients for treatments and by observing
and caring for them during treatments; acts as orderly in an
operating room ; observes patients and keeps records of and re-
ports on their condition ancl behavior ; guards against the escape of
mental patients and prevents their injuring themselves or each
other ; carries out occupational, recreational, and exercise programs
for patients; supervises groups of patients in gardening, janitorial,
workshop, farm, and other activities ; escorts groups to and from
meals and entertainment and about the grounds; escorts escaped
or paroled patients back to the institution or to places of residence ;
assists in the housekeeping functions of the institution; gives
post-mortem care; participates in in-service training programs;
receives visitors.
Minimum Qualifications :
Eight months of experience as a Psychiatric Technician Trainee
in a California state mental hospital. Applicants who meet the
experience requirements will be admitted to the examination but
must successfully complete the in-service training course for Psy-
chiatric Technician Trainee before they can be appointed.
and
Knowledge and Abilities:
General knowledge of the routine work involved in bathing,
feeding, habit training, liaircutting, shaving, dressing, and caring
for large groups of mental patients, and of making beds, cleaning
wards, and caring for patients' clothing, and other property;
general knowledge of the proper methods and attitudes involved
in the care and treatment of mental patients; working knowledge
of accepted first-aid methods; working knowledge of medical
terminology ; working knowledge of medicines and narcotics ; apti-
tude for and interest in working with mental patients; ability to
learn the advanced methods and techniques of practical nursing
and practical psychiatric nursing; ability to gain the interest, re-
spect, and cooperation of mental patients ; ability to carry out occu-
pational, recreational, and exercise programs for patients; ability
SUBCOMMITTEE REPORT ON TSYCniATRIC TECHNICIANS 49
to follow directions ; ability to keep simple records ; ability to an-
alyze situations accurately and to adopt an effective course of
action.
and
Special Personal Characteristics:
Sympathetic understanding of mental patients, emotional
stability, willingness to work in conformity with institutional
routine, patience, tact, alertness, pleasing personality, neat per-
sonal appearance, hearing and vision normal or corrected to
normal.
Monthly Compensation: $281 295 310 325 341
"Work Week Group : 1
Note : Salary information for this class was correct on
10/30/57. Any subsequent salary changes have not been
recorded.
^ qp qp gp ^ ^; qp
The Chairman: I'm wondering if any further testimony would be
repetitious. Anyone that wants to file anything with the committee at
any time can do so. I believe most of the hospitals have been heard
from, unless Mr. Charlesworth, of Agnew — would you care to?
Mr. Charlesworth : Senators, I had no intention of making a state-
ment. I would like to express an opinion. This is purely as a private
person. I'd like to give you my background so you will know how much
value you can put to it.
I am a state employee of nearly 27 years' experience with the De-
partment of Mental Hygiene. I helped organize the California Society
of Psychiatric Technicians and have been a past president of the
C. S. E. A. My job now is supervising psychiatric technicians.
I became aware a number of years ago that the State had an increas-
ing.problem in. the co.st of taking care of mentally ill patients and the
only way they could handle it, financially and humanly, was to get the
patients cured as rapidly as possible and return them to the taxpayers'
gain unless we intended to establish an entire community of people who
were going to be supported by the State. The only way to do that was
to have enough psychiatrists and enough trained people to get them
cured. Obviously, the ideal situation would be to have one psychiatrist
for one patient, which is impractical. So the next thing that became
apparent was that the psychiatrist would have to be the head of a
psychiatric team where they would have specialists. And that's what
happened. So each of these specialists is the eyes and ears and hands
of the psychiatrist.
Now, the psychiatrist has people whom he can depend upon because
he knows they have been certified, tested, examined, educated to do the
type of work he requires them to do. He can call on the psychologist,
on an occupational therapist, on a registered nurse, on a physical
therapist ; all these people have been certified. He now has the biggest
group and the group who works probably the most closely with him.
50 COMMITTEE ON TREATMENT OF MENTAL ILLNESS
That's the psychiatric technicians who are his liands, his eyes and
carries out his orders and reports back to him all the things he needs.
And yet the psj'chiatrist does not know, if he goes to a private hos-
pital, what the background is of the people reporting to him. He doesn 't
know if they are emotionally stable, if they are at peace with them-
selves, or have antipathy with the other patients. He doesn't know the
background at all and he is more or less working in the dark with the
patients.
So it seems the ideal thing to do is train people to understand why
they're doing something. Just to be good people, just to like people, just
to take care of patients, isn't enough. You have to know why you're
doing it and this took education and training. The State was good
enough to provide that almost everyone in the state service has got-
ten it.
It now becomes apparent it's necessary to carry it out further.
Either the State is going to have to make it possible for private hos-
pitals to obtain people who have this background and education or
they will have to do it themselves or do it through some college.
Now, it seems to me at this time it is the time it is necessary to
qualify these people in some way with licenses or with certification
so that the people who are hiring them can say, "I know I have a
person who has been educated and tested and qualified to do this
work and I can, with confidence, call on them to do this work, just
as we do with the plumber or attorney or anyone else."
*******
Mr. Chenej^: Senator Thompson, first I'd like to say after all these
professional people that have testified, I feel a little humble in drawing
this to a close.
I might give you my background. I have worked in the State of
California since 1935 in the Department of Mental Hygiene, with the
exception of three years spent in World War II in the medical corps.
I have taken all the prescribed training as it was offered over a period
of years and some outside work. My present assignment is a supervising
psychiatric instructor. My daily job is to take part in the teaching and
didactic and clinical teaching of these people.
I think perhaps I would like to say this : I 'm not as directly involved
as the people you have heard testify. In other words, what I mean is I
have been able to watch, first l^.aving been a hospital ward attendant,
and see how the training was done in those days and how we now do
it today and see the results of this in service training, not only for
psychiatric technicians, but for other staff people, because the concept
today is that everyone needs more and more training, more and more
knowledge from research and things of that nature. It seems to me, not
stating how much more people learn today in our present department
in service training, but thinking in terms of when I went to work,
I tliink it would be a conservative estimate to say the people today
probably learn more about their work in this one year in didactic teach-
ing and clinical, than I did in the first five years I had in hospitals
because I had to depend on some experienced person to tell me and
show me.
SUBCOMMITTEE REPORT ON PSYCHIATRIC TECHNICIANS 51
I think you probably all want to know why I, as state president of
the technicians' society would like to see certification or licensure. I
think I mio-ht say this: it is a most important facet to me in addition
to what w^e have heard here today. I thinlc the patient's family— and
you men of the legislature — have a right to know when someone sa>-s,
"we have ten thousand psychiatric technicians who do a great deal
of the patient-parent contact directly," what you mean and what their
qualifications are. I think that alone is an excellent reason for this
sort of thing. I'm sure that you men, when you vote an appropriation
for buildings or salary increases, you like to think that it's merited and
that 5'ou have some understanding of what type of people you're sup-
porting.
I'm very pleased to again see a step which to me is a step forward
toward our ultimate goal here today. I think that we — all of the tech-
nicians in the State — are deeply appreciative of the department officials
who have come here and given not only their time — certainly they are
busy — but their expert knowledge. I think of all the people who have
participated. I am well pleased and in conclusion, as a final thought,
I'd like to say this: I think the thing that pleased me the most today
is that two organizations have come in here together, all of which are
a group of employees working for the State of California and for the
Department of Mental Hygiene. I think our thinking has been together
and I think that's wonderful. I haven't heard any controversy and I
think our goals are the same and I would like to ask that you give this
favorable consideration. Thank you.
RESOLUTION ADOPTED BY THE CALIFORNIA
STATE EMPLOYEES ASSOCIATION
In addition to the foregoing information, the subcommittee which
took the statements indicated, has also been notified that the C. S. E. A.
has since adopted a formal resolution on the subject of the certification
of psj^chiatric technicians and said resolution reads as follows :
Subject: Licensing of Psychiatric Technicians
Suhmitted hy: 20 Members or Members-elect of General Council
Whereas, There are many Psychiatric Technicians who have
satisfied the inservice training programs set forth by a recent
legislative enactment; and
Whereas, Said Psychiatric Technicians have successfully com-
pleted a competitive examination, thereby demonstrating their
thorough understanding of psychiatric principles; and
Whereas, In the past, CSEA has been instrumental in the estab-
lishment of inservice training programs and having been conscious
of the ultimate goal of this group to become eligible for registration
and licensing; and
52 COMMITTEE ON TREATMENT OF MENTAL ILLNESS
Whereas, The policy file of this Association under 10 B Para-
graph I.O and I.I advocates the licensing of Psychiatric Tech-
nicians; and
Whereas, The last action on this program was taken under
PCS 60/55 ; now, therefore, be it
Resolved, That this licensing program be given high priority and
action be taken to bring it to a successful conclusion.
Action: Adopted February 15, 1959.
CONCLUSIONS AND RECOMMENDATIONS
The committee was particularly im])resse(l by the unanimity of
opinion expressed by tlie various directors of the liepartment of Mental
Hygiene. It is believed that these men to whom is assigned the primary
responsibility of the direction of one of the largest mental health
programs in the world should be in the best position to evaluate the
benefits which will accure in the care of mental patients by a pro-
gram of this type. In this connection, inquiry was also made of the
recently appointed director of the Department of Mental H.ygiene,
Dr. Daniel Blain as to whether he concurred in the views of the
previous directors of that department on this subject. Dr. Blain 's re-
sponse to the committee 's inquiry reads in full as follows :
May 8, 1959
Re: Registration of Psychiatric Technicians
You have asked if there will be any change in the department's
attitude with respect to the above subject.
Past Directors of IMental Hygiene have favored the registration
or licensure of psychiatric technicians. I wish to reaffirm that
policy. I believe the proposal embodied in your Senate Bill No.
732 would lead to the fixing of uniform statewide standards of
education and training for these professional persons. I also believe
it would tend to elevate the stature of technicians as professional
persons and that this is desirable.
Please be assured the department will be represented at the
hearings on your measure and render whatever assistance it is
able to.
With best personal wishes,
Sincerely,
Daniel Blain, M.D.
Director of Mental Hygiene
From its studies, the committee concludes that a bill providing for
the certification of psychiatric technicians is desirable legislation for
the State of California for the following reasons :
1. It will improve the care of the mentally ill.
2. Partial professionalization of the work will encourage dedicated
persons to remain in the field, which should represent very sub-
stantial financial savings to the State in the avoidance of turn-
over of personnel as well as aid in the recruitment of personnel.
3. That certification of qualified persons in this field will aid in
standardizing educational and laboratory experiences, which in
turn will lay the foundation for the future possibility of train-
ing persons, at least in the academic features of the work, within
the public school system as distinguished from such training in
the hospital at public expense.
(53)
54 COMMITTEE OX TREATMENT OF :NrEXTAL ILLNESS
4. That relatives and friends of the patients in mental institutions,
private as well as public, derive comfort from the knowledge that
persons in daily attendance upon the patients have been officially
examined by an agency of the State of California and certified as
to their qualifications.
5. That certification of the psychiatric technician will provide a
standard of training- and skill with which to measure performance
and operations of private mental institutions under the supervi-
sion of the Department of Mental Hygiene and will provide a
means by which the Department of Mental Hygiene can, if it
desires, set up more specific personnel requirements for licensed
private mental institutions.
6. Although the committee believes there is considerable merit in
seeking the certification of psychiatric technicians by the Board
of Medical Examiners, it is deemed more desirable that this certifi-
cation be accomplished by the Board of Vocational Nurse Ex-
aminers for the reason that some of the features of the course of
study now provided for licensed vocational nurses is ciuite similar
to some of the basic education given to psychiatric technicians.
Therefore, it is believed that in order to avoid duplicating some
of these existing facilities it would be better to utilize them as a
portion of the curriculum for the training.
Accordingly, this committee recommends that a bill in substantially
the following form be enacted by the 1959 Session of the California
Legislature :
SENATE BILL No. 732
Introduced by Senators Thompson, Erhart, Hollister, and Short
February 18, 1959
REFPERED TO COMMITTEE ON BUSINESS AND PROFESSIONS
An act to add Chapter 10 (commencing at Section 4500) to
Division 2 of the Business and Professions Code, relating to
the certification of psychiatric technicians.
The people of the State of California do enact as follows:
1 Section 1. Chapter 10 (commeiieiug at Section 4500) is
2 added to Division 2 of the Business and Professions Code, to
3 read :
4 Chapter 10. Psychiatric Technicians
5
6 Article 1. Generally
7
8 4500. This chapter is known and may be cited as the "Psj--
9 chiatric Technicians Law."
10 4501. "Board," as used in this chapter, means the Board
11 of Vocational Nurse Examiners of the State of California.
12 4502. As used in this chapter, "psychiatric technician"
13 means any person who, under the direction of a licensed
14 physician or psychiatrist or a registered professional nurse,
15 performs services in caring for and treatment of the mentally
16 ill, or mentally retarded for compensation or personal profit,
17 which services :
18 (a) Involve responsible nursing and therapeutic procedures
19 for such mentally ill or mentally retarded patients requiring
20 interpersonal and technical skills in the observation and recog-
21 nition of symptoms and reactions of such patients, and the
22 accurate recording of the same, and the carrying out of
23 treatments and medications as prescribed by a licensed physi-
24 ciau or psychiatrist ; and
25 (b) Require the application of such techniques and proce-
26 dures as involve understanding of cause and effect and the
27 safeguarding of life and health of the patient and others ; and
(55)
56 COMMITTEE ON TREATMENT OP MENTAL ILLNESS
1 (c) Kequire the performance of such other duties as are
2 necessary to facilitate rehabilitation of the patient or are nec-
3 essary in the ph^'sical, therapeutic, and psychiatric care of the
4 patient; and
5 (d) Eequire the application of principles of treatment based
6 upon biological, physical, and social sciences.
7 4503. The board shall administer and enforce the provi-
8 sions of this chapter.
9 4504. The board may adopt rules and regulations to carry
10 out the provisions of this chapter.
11 4505. The board may employ whatever personnel is neces-
12 sary for the administration of this chapter and shall appoint
13 an advisory committee composed of a psychiatric nurse edu-
14 cator, a psychiatrist educator, a public health nurse educa-
15 tor and two instructors in accredited licensed vocational nurse
16 programs. Each member of the advisory committee shall serve
17 without compensation, except that he shall be reimbursed for
18 his traveling expenses necessarily incurred in the performance
19 of his duties.
20 4506. Nothing contained in this chapter shall be construed
21 to limit or prevent the performance of psychiatric technician's
22 services by a person not certificated under this chapter, if such
23 person does not represent himself to be so certificated.
24
25 Article 2. Certification
26
27 4510. After July 1, 1960, the board shall issue a psychi-
28 atric technician's certificate to each applicant who qualifies
29 therefor, and, if required to take it, successfully passes the
30 examination given pursuant to this chapter.
31 4511. An applicant for a psychiatric technician's certificate
32 shall have the following qualifications :
33 (a) Be at least 19 years of age.
34 (b) Be a citizen of the United States or have indicated an
35 intention to become a citizen of the United States. A statement
36 under oath of citizenship or intention to become a citizen shall
37 be sufficient proof of citizenship or intention to become a
38 citizen.
39 (c) Have successfully completed an approved general edu-
40 cation course of study through the twelfth grade or the equiv-
41 alent thereof as determined by the board.
42 (d) Have successfully completed a prescribed course of
43 study and training of at least 12 months in length in a school
44 accredited by the board, which course of study and training
45 shall combine the nursing knowledge and skills necessary for
46 the care of any ill person and in addition those special skills
47 necessar}^ for the care of the mentalh' ill or the mentally
48 retarded, or have completed a course of study and training
49 which in the opinion of the board is equivalent to the mini-
50 mum requirements of an accredited program for psychiatric
51 technicians in the State.
SUBCOMMITTEE REPORT ON PSYCHIATRIC TECHNICIANS 57
1 (e) Have committed no act which, if committed by a certi-
2 fied psychiatric technician, would be ground for disciplinary
3 action.
4 4512. An applicant for a psychiatric tecliiiician's certificate
5 shall, upon the filiiiii' of his application, ])ay to the bofird the
6 required tiling fee prescribed by the board.
7 4513. Unless otherwise provided in this chapter, every
8 applicant for a psychiatric technician's certificate shall be
9 examined by the board. The examination shall be held at least
10 once a year and at the times and places determined by the
11 board.
12 4514. Prior to July 1, 1962, any person meeting the re-
13 qnirements of subdivisions (a), (b), and (f) of Section 4511,
14 and, as determined by the board, possessing the equivalent
15 of the education and training requirements of that section,
16 shall, on application, be issued a certificate.
17 4515. Upon written application and receipt of the required
18 application fee the board may issue a certificate to any appli-
19 cant wdio possesses a valid unrevoked license or certificate as
20 a psychiatric technician issued bj^ any other state or a foreign
21 country, and who in the opinion of the board has the qualifica-
22 tions set forth in Section 4511.
23 4516. Every person certified under this chapter may be
24 known as a certified psvchiatric technician and may place the
25 letters " C.P.T. " after iiis name.
26
27 Article 3. Disciplinary Proceedings
28
29 4520. Every certified psychiatric technician under this
30 chapter may be disciplined as provided in this article. The
31 disciplinary proceedings shall be conducted by the board in
32 accordance with Chapter 5 (commencing at Section 11500)
33 of Part 1 of Division 3 of Title 2 of the Government Code.
34 4521. The board may suspend or revoke a certificate issued
35 under this chapter for any of the following reasons :
36 (a) Unprofessional conduct, which includes but is not lim-
37 ited to any of the following :
38 (1) Incompetence or gross negligence in carrying out usual
39 psychiatric technician functions.
40 (2) A conviction of practicing medicine without a license in
41 violation of Chapter 5 (commencing at Section 2000) of Di-
42 vision 2 of this code, the record of conviction being conclusive
43 evidence thereof.
44 (3) The use of advertising relating to psj^chiatric technician
45 services which violates Section 17500 of this code.
46 (4) Obtain or possess in violation of law, or prescribe, or
47 except as directed by a licensed physician and surgeon, dentist,
48 or chiropodist administer to liimself or furnish or administer
49 to another, any narcotic as defined in Division 10 (commencing
50 at Section 11000) of the Health and Safety Code or any dan-
51 gerous drug as defined in Article 8 (commencing at Section
58 COMMITTEE ON TREATMENT OF MENTAL ILLNESS
1 4210) of Chapter 9 of Division 2 of the Business and Profes-
2 sions Code.
3 (5) Use any narcotic as defined in Division 10 (commencing
4 at Section 11000) of the Health and Safety- Code, or any dan-
5 gerous drug as defined in Article 8 (commencing at Section
6 4210) of Chapter 9 of Division 2 of the Business and Profes-
7 sions Code, or alcoholic beverages, to an extent or in a manner
8 dangerous or injurior to himself, any other person, or the
9 public or to the extent that such use impairs his ability to con-
10 duet with safet}' to the public the practice authorized by his
11 license.
12 (6) Be convicted of a criminal offense involving the falsifi-
13 cation of records concerning prescription, possession, or con-
14 sumption of any of the substances described in paragraphs
15 (4) and (5) of this subdivision, in which event the record of
16 the conviction is conclusive evidence of such conviction. The
17 board may inquire into the circumstances surrounding the com-
18 mission of the crime in order to fix a degree of discipline.
19 (7) Be committed or confined by a court of competent juris-
20 diction for intemperate use of or addiction to the use of any of
21 the substances described in paragraphs (4) and (5) of this
22 subdivision, in which event the court order of commitment or
23 confinement is prima facie evidence of such commitment or
24 confinement.
25 (8) Falsify, or make grossly incorrect, grossly inconsistent,
26 or unintelligible entries in any hospital, patient, or other rec-
27 ord pertaining to the substances described in paragraph (4) of
28 this subdivision.
29 (b) Procuring a certificate by fraud, misrepresentation or
30 mistake.
31 (c) Procuring, or aiding, or abetting, or attempting, or
32 agreeing or offering to procure or assist at a criminal abortion.
33 (d) Violating or attempting to violate, directly or indirectly,
34 or assisting in or abetting the violation of, or conspiring to
35 violate any provision or terms of this chapter.
36 (e) Giving any false statement or information in connec-
37 tion with an application.
38 (f ) Conviction of a felony or of any offense involving moral
39 turpitude, in which event the record of the conviction shall be
40 conclusive evidence of such conviction. The board may inquire
41 into the circumstances surrounding the commission of the
42 crime in order to fix the degree of discipline or to determine
43 if such conviction is of an offense involving moral turpitude.
44 (g) Impersonating any applicant or acting as proxy for an
45 applicant in any examination required by this chapter.
46 (h) Impersonating another practitioner, or pernntting an-
47 other person to use his certificate.
48 (i) The use of excessive force upon or the mistreatment or
49 abuse of any patient.
50 (j) Aiding or assisting, or agreeing to aid or assist any per-
51 son or persons, whether a licensed physician or not, in the
SUBCOMMITTEE REPORT ON PSYCHIATRIC TECHNICIANS 59
1 performance of or arranging for a violation of any of the pro-
2 visions of Article 13 (commencing at Section 2360) of Chapter
3 5 of Division 2 of this code.
4 4522. The adjndication of insanity or mental illness, or the
5 voluntary commitment or admission to a state hospital oi- other
6 mental hospital of any certificate holder for a mental illness
7 shall operate as a suspension of the right to practice of any
8 snch certificate holder nnder this chapter, such suspension to
9 continue until restoration to or declaration of sanity or mental
10 competence. The record of adjudication, judgment or order of
11 voluntary commitment is conclusive evidence of such insanity
12 or mental illness, and upon receipt of a certified copy of any
13 such adjudication, judgment, voluntary commitment or order
14 by the board it shall immediately suspend the certificate of the
15 person adjudicated or committed. The board shall not restore
16 such certificate to good standing until it shall receive compe-
17 tent evidence of restoration to or declaration of sanity and
18 until it is satisfied that, with due regard for the public interest,
19 said person's right to practice may be safely reinstated; pro-
20 vided, that in the case of a voluntary commitment to a state
21 hospital or other mental hospital, receipt of a certificate of dis-
22 charge from such hospital and the certificate of the superin-
23 tendent of said hospital that the certificate holder is restored
24 to mental competency, shall constitute competent evidence of
25 restoration to sanity. Before reinstating such person, the board
26 may require the person to pass an oral examination to deter-
27 mine his present fitness to resume his practice.
28 4523. A plea or verdict of guilty or a conviction following
29 a plea of nolo contendere made to a charge of a felony or any
30 offense involving moral turpitude is deemed to be a conviction
31 within the meaning of this article. The board may order the
32 certificate suspended or revoked or may decline to issue a cer-
33 tificate, when the time for appeal has lapsed, or the judgment
34 or conviction has been afKrmed on appeal or when an order
35 granting probation is made suspending the imposition of sen-
36 fence, irrespective of a subsequent order under the provisions
37 of Section 1203.4 of the Penal Code allowing the person to
38 withdraw his plea of guilty and to enter a plea of not guilty,
39 or setting aside the verdict of guilty, or dismissing the accusa-
40 tion, information, or indictment.
41
42 Article 4. Schools for Preparation of Psychiatric
43 Technicians
44
45 4530. The board shall prepare and maintain a list of
46 accredited schools which offer an accredited program for psy-
47 chiatric technicians.
48 4531. The course of instruction of an accredited school
49 shall consist of not less than the number of hours of instruction
50 required for the other program administered by the board.
51 The subjects of instruction shall include the principles of the
52 care of the mentally ill and the mentally retarded.
60 COMMITTEE ON TREATMENT OF JiIENTAL ILLNESS
i 4532. The board shall provide for the periodic inspection
2 of all psychiatric technician schools in this State. Written
3 reports of the inspection shall be made to the board, which
4 shall then approve as accredited the schools which meet the
5 standards prescribed by it.
6 If the board determines from a report that any accredited
7 school is not maintaining its prescribed standards, it shall
8 immediately give the school a notice in writing specifying the
9 defect. If the defect is not corrected the board shall, after
10 Avritten notice, remove the school from the accredited list.
11
12 Article 5. Penal Provisions
13
14 4540. It is unlawful for any person to whom a certificate
15 has not been issued under this chapter to use any title or
16 letters which imply that he is a certified psychiatric technician.
17 4541. It is unlawful for any person willfully to make any
18 false representation, impersonate any other person, or per-
19 mit or aid any other person in any manner to impersonate
20 him in connection with any examination or application for a
21 certificate.
22 4542. Any person who violates any of the provisions of this
23 chapter is guilty of a misdemeanor and upon a conviction
24 thereof shall be punished by imprisonment in the county jail
25 for not less than 10 days nor more than one year, or by a fine
26 of not less than ten dollars ($10) nor more than five hundred
27 dollars ($500), or by both such fine and imprisonment.
28
29 Article 6. Revenue
30
31 4543. The fee paid to the board by any person who is
32 granted a certificate pursuant to this chapter shall also con-
33 stitute the fee required by this chatper for the j-ear in which
34 the certificate is originally issued.
35 4544. Each certified psychiatric technician shall pay an
36 annual renewal fee in the amount required by this chapter
37 between the first daj^ of January and the fifteenth day of
38 February of each year for a renewal of his certificate.
39 4545. The certificate of every person who does not pay the
40 annual renewal fee during the time specified shall automati-
41 cally be forfeited, but may be restored upon written applica-
42 tion and the payment of the renewal fee and the delinquency
43 fee required by this chapter and upon submission of such proof
44 of the applicants' qualifications as may be reciuired by the
45 board.
46 No examination shall be required for the restoration of a
47 certificate that has been forfeited under the provisions of this
48 section solely by reason of nonpaj'ment of the renewal fee.
49 4546. The board shall report each month to the State Con-
50 troller the amount and source of all revenue received by it j^ur-
51 suant to this chapter and at the same time pay the entire
SUBCOMMITTEE REPORT ON PSYCHIATRIC TECHNICIANS 61
1 amount thereof into the State Treasury for credit to the Voca-
2 tional Nurse Examiners Fund.
3 4547. All expenses incurred in the oi)eration of this chap-
4 ter shall be paid out of the Vocational Nurse Examiners Fund
5 from the revenue received by the board under this chapter and
6 deposited in the Vocational Nurse Examiners Fund. No part
7 of the expenses shall be char<?ed against any funds which are
8 derived from any functions of the board provided for in other
9 chapters of this code.
10 4548. The amounts of the fees payable pursuant to this
11 chapter shall be fixed by the board according to the following
12 schedule :
13 (a) For a certificate, no more than ten dollars ($10) nor
14 less than five dollars ($5).
15 (b) For annual renewal of a certificate, no more than five
16 dollars ($5) nor less than one dollar ($1).
17 (c) For the restoration of a certificate forfeited for nonpay-
18 ment of the annual renewal fee, five dollars ($5).
printed in California state printing office
L,-4939 6-59 6M
REPORT OF THE
SENATE INTERIM COMMITTEE ON NARCOTICS
(Created Pursuant to Senate Resolution No. 201, 1957)
MEMBERS OF THE COMMITTEE
J. WILLIAM BEARD, Chairman FRED S. FARR
RICHARD J. DOLWIG, Vice Chairman FRED H. KRAFT
NELSON S. DILWORTH
STAFF
Captain T. M. Thomas, Committee Investigator
Bettie Hamilton, Committee Secretary
Report prepared by
S. L. Beaudry, Consultant
June, 1959
Published by the
SENATE
OF THE STATE OF CALIFORNIA
GLENN M. ANDERSON
President of the Senate
HUGH M. BURNS JOSEPH A. BEEK
President pro Tempore * Secretary of the Senate
LETTER OF TRANSMITTAL
Senate, State Capitol
Sacramento, California, June 15, 1959
Hon. Glenn M. Anderson
President of the Senate, and
Members of the Senate
Gentlemen : The Senate Interim Committee on Narcotics, created by
1957 Senate Resolution No. 201, submits herewith a report of its find-
ings concerning the narcotics problem in California.
The Committee's conclusions and recommendations are presented for
consideration by the Legislature as possible remedial measures for the
mitigation of existing conditions.
Respectfully submitted,
J. William Beard, Chairman
Richard J. Dolwig, Vice Chairman
Nelson S. Dilworth
Fred S. Farr
Fred H. Kraft
ACKNOWLEDGMENTS
No committee investigations conld he possiMe witJiout the co-opera-
tion and testimony of many people and we gratefully acknowledge their
assistance. Also onr deep appreciation to the many local, state, and
federal agencies who have contributed so much of their knowledge and
aid in our study.
TABLE OF CONTENTS
Page
LETTER OF TRANSMITTAL m
ACKNOWLEDGMENTS iv
LIST OF WITNESSES WHO TESTIFIED AT HEARINGS HELD BY
SENATE COMMITTEE ON NARCOTICS ix
INTRODUCTION
Scope of the Investigations of the Senate Committee on Narcotics xi
Activities of the Committee xi
CHAPTER I. NARCOTICS AND DANGEROUS DRUGS
Section A. Short History of Narcotics 3
Section B. Classification and Description of Narcotics and Dangerous
Drugs 6
Section C. Drug Addiction — Causes and Results 11
Section D. The Illegal Drug Traffic 17
Section E. Present Narcotic Laws 19
CHAPTER II. SYNOPSIS OF THE TESTIMONY RELATING TO
LAW ENFORCEMENT
Section A. Relation of Crime and Narcotic Addiction 23
Section B. Use of Nalline in the Detection of Narcotic Users 25
Section C. Registration of Addicts an<l Creation of Central File 31
Section D. Revocation of Drivers License for Those Engaged in Transpor-
tation of Narcotics 33
Section E. Separation of Code 34
Section F. Search and Seizure Laws 36
Section G. Search and Seizure of Narcotics Secreted in Body Cavities 41
Section H. Disclosure of Informant 46
Section I. Prosecution in County in Which Arrested 49
Section J. Striking Priors 50
Section K. Need for Increased Personnel in Law Enforcement Agencies — 51
Section L. Differentiation of Punishment for Addicts and Peddlers 52
Section M. Ideas on Stricter Laws and More Severe Penalties 54
CHAPTER III. SYNOPSIS OF THE TESTIMONY RELATING TO THE
MEDICAL APPROACH
Section A. The Medical Approach 57
Section B. Emphasis Upon Narcotic Addiction as a Medical Rather Than
a Criminal Problem 58
Section C. The Approach Legalizing Drug Distribution 59
Section D. The Hospital Approach 61
Section E. The Modified Hospital Approach 64
CHAPTER IV. SYNOPSIS OF THE TESTIMONY RELATING TO THE
EDUCATIONAL APPROACH
Section A. Education — a Media to Combat Narcotics Addiction 67
Section B. Pros and Cons of "When, Where and What" to Include in
Public Education Curricula for Narcotic Problem 69
Section C. Emphasis Upon Augmented Teacher Training 72
Section D. Concentration Upon the Metropolitan Areas 73
Section E. Use of Educational Motion Pictures and Television 74
CHAPTER V. SENATE BILL NO. 155 BY SENATOR BEARD AND
SENATOR FARR RELATING TO THE NARCOTIC
TREATMENT CONTROL UNITS 79
CHAPTER VI. DETAILS OF THE NARCOTIC ADDICT TREATMENT
CONTROL PROGRAM 83
CHAPTER VII. CONCLUSIONS AND RECOMMENDATIONS 89
APPENDIXES
Page
Appendix A. Copy of Senate Resolution No. 201, 1957 93
Appendix B. Hislilishts of Symposium on the History of Narcotic Drug Ad-
diction Problems 94
Appendix C. Description and Analysis of Fort Worth Federal Institution
(Report by Senator Dilworth) 97
Appendix D. Letter Written by the British Under Secretary of State to
Senator Beard (Regarding the English System for Drug
Addicts) 98
Appendix E. The Nalline Test 100
Appendix F. Chapter 2129, Statutes of 1959 (Pertaining to the Rehabilita-
tion and Testing of Narcotic Addicts) 104
Appendix G. Los Angeles Police Department Statistics on Narcotics 105
Appendix H. Chapter 1112, Statutes of 1959 (Pertaining to Changes in the
Health and Safety Code Relating to Narcotics) 105
Appendix I. Chapter 730, Statutes of 1959 (Pertaining to Changes in the
Health and Safety Code Relating to Definitions of All Narcotics) 109
Appendix J. Results of Questionnaires Sent by Senate Narcotics Committee
to Attorney Generals in Other States 111
LIST OF ILLUSTRATIONS
Page
Figure 1. The White-flowered Papaver Somniferum (The Main Source of
Opium) 4
Figure 2. Field of Opium Poppies 7
Figure 3. Opium Poppy Seed Pods 8
Figure 4. Marijuana (Indian Hemp) 9
Figure 5. Typical Scene at California-Mexico Border 16
Figure 6. Marijuana Seizure 18
Figure 7. Picture of Eye Before and After Nalline Test 26
Figure 8. Root of Drug Problem 35
Figure 9. Implements and Paraphernalia Taken in Narcotics Seizure 53
LIST OF WITNESSES WHO TESTIFIED AT HEARINGS HELD BY
SENATE INTERIM COMMITTEE ON NARCOTICS
(1957-1959)
Dr. Walter Bailey, Lecturer and Assistant Researcher, University of California at
Los Angeles
Sgt. George W. Barber, City of Los Angeles Police Department
Dr. Louis Bloch, Doctor of Economics, San Francisco
Dr. Karl Bowman, University of California Medical Center
Sgt. Margaret Boyd, Los Angeles Police Department
Dr. Charles Branthaver, Chairman, School Health Committee, California Medical
Association
Dr. Walter Bromberg, Central California Psychiatric Society
Dr. C. J. Brown, Chief of Medical Services, Department of Youth Authority
Mr. Robert Burns, Chief Deputy of the Criminal Division, City Attorney's Office
of Los Angeles
Dr. Oliver Byrd, Executive Head, Department of Health Education, Stanford
University
Mr. Howard Chappell, Agent-in-Charge, Federal Bureau of Narcotics in Los Angeles
Judge Robert Clifton, Los Angeles Municipal Court
Mr. J. Frank Coakley, District Attorney of Alameda County
Mr. Walter R. Creighton, former Chief of the Bureau of Narcotics Enforcement,
State of California.
Mr. Ralph Eubank, Deputy City Attorney, City of Los Angeles
Father Lawrence Farrell, former Chaplain, Soledad and Tehachapi State Prisons
Dr. Joel Forte, Berkeley Mental Hygiene Clinic
Reverend Fritchman, First LTnitarian Church of Los Angeles
Dr. Marcel Frym, Hacker Foundation for Criminal Research
Dr. Norman Graff, Northern California Psychiatric Society
Mr. J. Douglas Grant, Chief of Research, Department of Corrections
Mr. Phillip Grey, Los Angeles City Attorney's Office
Sgt. Joseph Hallisy, Bureau of Special Services, San Francisco Police Department
Mr. O. J. Hawkins, Supervising Inspector of the State Bureau of Narcotics En-
forcement, San Diego
Mr. Albert Hederman, Deputy District Attorney, Alameda County
Mr. Bill Hopkins, Educational Television, Channel KVIE
Mr. Richard Huddleston, Imperial County Education Center
Capt. Kenneth Irving, Los Angeles County Sheriff's Narcotics Detail
Mrs. Gladys Jewett, University of California at Los Angeles
Mr. Robert Kaplan, Clinical Psychologist, San Diego
Mr. John Keller, District Attorney, San Diego County
Mr. Donald Kitch, Chief, Supplemental Services, State Department of Education
Dr. Stuart Knox, Chairman, Committee on Mental Health, California INIedical Assn.
Mr. Thomas Lynch, District Attorney, City and County of San Francisco
Mr. Chester MacPhee, Collector of Customs, Treasury Department, Northern Cali-
fornia, Utah and Nevada
Capt. William Madden, City of Los Angeles Police Department
Mr. Richard McGee, Director, Department of Corrections, State of California
Judge Twain Michelsen, San Francisco
Mr. Stanley Mosk, former Judge of the Superior Court, Los Angeles County, now
Attorney General, State of California
Mrs. Leona Neff, Chairman of the Narcotics Committee, Los Angeles County
Grand Jury
Mr. Wallace Niemela, San Diego Junior Chamber of Commerce
Mr. Matthew O'Connor, State Bureau of Narcotic Enforcement, Los Angeles
Dr. George Ormsby, Audio-Visual Consultant. State Department of Edncrtion
Inspector Joseph Rincon, San Francisco Police Department, Bureau of Special
Services, Narcotic Detail
Dr. Frank Robertson, Director of Health Services, San Diego State College
LIST OF WITNESSES WHO TESTIFIED AT HEARINGS HELD BY
SENATE INTERIM COMMITTEE ON NARCOTICS
(1957-1959)-Continued
Sgt. William Robins of the San Diego Sheriff's Office
Mr. Harold Robinson, Deputy Director, Department of Justice, State of California
Mr. William Schenck, San Diego City Police, Narcotics Detail
Dr. A. La Mont Smith, State Board of Corrections
Dr. George Stevenson, Department of Pharmacology, University of California at
Los Angeles
Dr. Robert J. Stoller, Assistant Professor of Psychiatry at the University of Cali-
fornia Medical Center, Los Angeles
Mr. Benjamin Swig, Foreman of the Grand Jury, City and County of San Francisco
Dr. James Terry, Alameda County Sheriff's Office and the Oakland Police De-
partment
Mr. Frank Thornton, Collector of Customs, San Diego
Dr. Victor Vogel, Federal Public Health Service, Director of the Out-Patient Clinic
in Los Angeles
Mr. A. L. Wirin, Counsel for American Civil Liberties Union
Dr. Dorothy Zietz, Associate Professor of Social Science, Sacramento State College
INTRODUCTION
One of the major problems facing Californians is the increasing in-
cidence of crime caused by narcotic addicts in this State. A prominent
district attorney has stated that 50 percent of the Chiss I crimes in
metropolitan areas are the direct result of the illicit dangerous drug
traffic.
On June 12, 1957, the California Legislature adopted Senate Resolu-
tion No. 201,^ creating the Senate Interim Committee on Narcotics to
conduct a thorough investigation and study of the narcotics problem in
California.
Senator J. William Beard of Imperial County was appointed cliair-
man of the newly formed committee and Senator Richard J. Dolwig of
San Mateo County was elected as vice chairman. Senator Fred S. Farr,
Monterey County, Senator Nelson S. Dilworth, Riverside County, and
Senator Fred H. Kraft, San Diego County, were selected to serve as
members.
The committee agreed that it could not cover all phases of the danger-
ous drug problem but would limit its study to opium and its derivatives,
marihuana, and s.ynthetic depressants.
Seven meetings of the Senate Narcotics Committee were held through-
out California during the 1957 interim period (two in San Francisco,
two in Los Angeles, one in San Diego, and two in Sacramento). ^ Eight
volumes of transcripts ^ resulting from these hearings form the basis
for much of the material contained in this report.
Other activities of the Senate Narcotics Committee included tours by
committee members of existing facilities for narcotic addicts (federal
hospitals at Lexington and Fort Worth,^ and New York City's River-
side Hospital).^ Members also attended and participated in conferences
and symposiums concerning narcotic problems which were held in Cali-
fornia and other states.
Additional material pertaining to narcotic problems was obtained
from the Federal Government, other state legislatures, and foreign
countries. The pertinent details of this material are referred to or in-
cluded in this report.
The committee investigations covered many facets of the narcotic
problem in California, but particular emphasis was placed on the need
and feasibility of legislation in the following three problem areas:
(1) Law enforcement and penal aspect of the problem.
(2) Medical research and treatment of the addict.
^ Appendix A, page 93.
2 Senate Narcotic Committee Hearings.
(a) San Francisco — August 19, 1957
(b) San Francisco — August 20, lOf.?
(c) Los Angeles — September 16, 1957
(d) Los Angeles — September 17, 1957
(e) San Diego — December 13, 1957
(f) Sacramento — November 13, 1958
(g) Sacramento — November 14, 1958
= Transcripts contained 943 pages.
^ See Appendix C, page 97.
s See Appendix B, page 94.
INTRODUCTION— Continued
(3) Educational program designed to acquaint the citizenry (par-
ticularly our youth) of the dangers and implications of addiction.
The committee realizes that all of the problems studied during the
interim could not be alleviated immediately by remedial legislation but
does feel that the facts presented in the report will be of continuing
value in subsequent studies concerned with the narcotics problem.
CHAPTER I
NARCOTICS AND DANGEROUS
DRUGS
CHAPTBI I
NARCOTICS AND DANGEROUS DPUGS
fitet^fu A. Short HixtftTj *A N'artwties
Section v.. CUksmbcsklvm aad Thutarplatm fd Xaret^tMs and Danseroits Dross
i. The Deprettantt
a. Tbe Opiates
(1) Opiam
(2) Morphine
(3) Hetvtio
(4) Dilandid
(5) Uwuin
(6> €>)d«n«
f7> PafMiTerine
b. Marijaana
c Hjntbeac I>ei>ressants
2. rA^ S'timuUintt
a. Ox^a^ne
C, M«n»<raIj'Dfe
Section C, r>rng Ackliction — Caa««s and Re«ull«
Section D. The IJiesal Drug Traffic
Section K. Present Xarcotic I.aws
( ''it
Section A
SHORT HISTORY OF NARCOTICS
A narcotic may be defined as a drng that dulls the normal function-
inpf of the brain. Because of the pain-relievinj>- and soporific qualities,
various types of narcotics are used legally by licensed physicians and
have become an intricate part of modern medicine. Nonmedical, or
illepal use of narcotics, produces deleterious effects upon the body
and mind, usually resulting in drug addiction with its numerous
harmful consequences.^
The use of narcotics dates back to 5,000 years B.C. when the people
of lower Mesopotamia cultivated the poppy plant in order to extract
a juice called gil.- Knowledge of the poppy's medicinal properties was
spread by the Babylonians to both Persia and Egypt around the year
1550 B.C. The ancient Greeks often referred to the lethargic effects
of the juice of the poppy, and it is from their word "opion" that our
Latinized word "opium" is derived. Therapeutic uses of the drug
were well known throughout the Roman world and later spread east-
ward with the rise of Mohammedanism.
During the Tenth Century, the knowledge of the Arab pharma-
copoeia was taken to China by Arab traders and physicians. In China
the drug was first used as a remedy for dysentery but quickly became
widespread as a substitute for food during times of famine.
Until about the Twelfth Century, the use of opium was largely con-
fined to medicinal purposes.
About 1511 A.D. the use of opium was popular in India. Here the
members of the Brahmin priesthood used opium as a sublimating sub-
stitute for alcohol which was prohibited by their religion.
In western Europe, opium was used as a panacea for many ills, in-
cluding deafness, asthma, coughing, jaundice, fever, leprosy, female
troubles, and melancholy. Turner, the first herbalist, in 1551, praised
the medicinal power of the poppy as a cure for pleurisy.
On the American continent, the use of drugs was an item described
in the records of the early explorers. Use of drugs was widespread
among the Indians of the southwest who used a stimulant called
"peyote" and the Indians of Bolivia and Peru who chewed the leaves
of the coca plant.
Early European traders were the first exploiters of the opium trade
with Asia. They were followed by the British East India Company in
the beginning of the Seventeenth Century.
The British obtained virtually a world monopoly on opium, due to
their control of India, which they used as a commodity of trade for
Chinese tea, silk, and silver.
Widespread use of opium became a serious menace to Chinese civili-
zation despite Chinese laws designed to curb the importation of opium
into the country. This drug traffic continued and eventually became
1 See Chapter I, Section C, p. 11.
^gil: This name is still used today for opium in some parts of the world. (Transla-
tion of the word means joy or rejoicing.)
(3)
INTERIM COMMITTEE REPORT OX NARCOTICS
FIGURE 1
Picture of the white-flowered Popover somniferum which is the main source
opium. (The widely grown and colorful garden poppy is Papaver orientale.)
INTERIM COMMITTEE REPORT ON NARCOTICS 5
the basis for the Opium War (1839-1842) fought between Great Britain
and China. The British victory resulted in the Treaty of Nanking,
which opened China to free commerce and consequently to favorable
conditions in which the opium traffic continued to grow and flourish.
It was not until 1911, when the opium traffic to China was terminated
by agreement.
The first step in international control of narcotic drugs was the
Shanghai Conference of 1909, sponsored by the United States Govern-
ment which had become seriously concerned over the growing problem
of addiction in the Phillipines. The Hague Convention of 1912 bound
the contracting parties to adopt certain provisions for the control and
regulation of narcotics. This was extended by the Geneva Conventions
of 1925, 1931, and 1936.
The Japanese in 1937 used narcotics as a weapon for undermining
the Chinese people both physically and morally to facilitate their
conquest of China.
Section B
CLASSIFICATION AND DESCRIPTION OF NARCOTICS
AND DANGEROUS DRUGS
The types of addicting drugs which are commonly abnsed in the
United States may be roughly divided into two classes, depressants
and stimulants.
The depressants are drugs which tend to induce sleep and lessen nerv-
ous irritability. They include morphine and all its derivatives (heroin,
dilaudid, codeine dihydrocodeinone and metopon). synthetic analgesics
(methadone and demerol), all the hypnotics and sedatives (chloral,
paraldehyde, bromides, the barbiturates, and marijuana).
The stimulants are drugs which induce sleeplessness and hyperirri-
tability. They include cocaine, benzedrine, and mescaline. In the United
States, stimulant drugs are usually used for short debauches and are
seldom taken continuously.
Since the Senate Narcotics Committee has decided to limit its study
to opium and its derivatives, marijuana, and synthetic depressants,
these will be discussed at greater length than the other drugs.
^ ^, ^ . THE DEPRESSANTS
A. Trie Upiaies
(1) Opium. Opium is obtained by making incisions in the unripe
capsule or seed pod of the poppy {Papaver somniferum)^ which is
widely grown in China, Iran, Turkey, Yugoslavia, India, Korea, and
Thailand. In its raw state, it is a dark brown gnmlike substance with
an odor like that of rotten potatoes.
Therapeutic use of opium has long been used in the two opium prep-
arations— laudanum and paregoric. Paracelsus first used the term
laudanum in 1537, and in the Eighteenth Century Le Mort made the
first preparation of paregoric.
Illegal use of opium has also been widespread for several years. The
preparation of opium for the illicit trade results in a heavy molasses-
like mass, known as smoking opium, which is later reduced to a pill form
for use with an opium pipe,^ or in a concentrated substance known as
"yen shee, ' which after mixing with alcohol can be used hypo-
dermically.
(2) Morphine. Morphine is the principal alkaloid of the drug
opium. In 1805, Sertiirner first isolated morphine from opium. This
white crystalline powder is sold in powder, capsule, or tablet form and
may be taken either orally or by hypodermic injection.
Principal therapeutic use of morphine is relief of pain. Its greatest
drawback is the danger of addiction.
Morphine at one time was the most prevalent illegal drug on the
"West Coast of the United States. Today, it has been replaced by the
more potent heroin.
* For illiistration of Papaver somniferum, se« Fig. 1, p. 4.
* Opium smoking is now relatively rare because of tlie extensive paraphernalia needed.
(6)
INTERIM COMMITTKE REPORT OX NARCOTICS
(3) Heroin. Heroin (diacethylmorphine) is a derivative of opium.
This druf? is manufactured by treating morpliine with acetyl chloride,
washing the product with a dilute alkaline solution and crystallizing
with the aid of alcohol. The resultant fine white powder is about five
times as potent as morphine and can produce most vicious addiction.
Heroin is not used in medicine because its therapeutic value is not
greater than that of morphine whereas its toxicity is much higher. The
United States (and 50 other nations) prohibits the importation, manu-
facture, or sale of heroin for medicinal use.
Illegal use of heroin is widespread over the world and is the most
prevalent and addicting drug in the United States.
In its powdered form, heroin is used in a paper package known as
a "deck." Other metliods used to market heroin are in tablet or pill
form. Hypodermic injection after preparation is the common form of
admin isti'ation.
(4) Dilaudid. Dilaudid (dihydromorphinone hydrochloride) is
used mainly as a substitute for morphine and is more potent than
morphine. It has a much greater analgesic effect, but is of shorter dura-
tion than morphine. Both tolerance and addiction to dilaudid occur.
(5) Dionin. Dionin (ethylmorphine hydrochloride) generally has
the same pharmacological qualities as codeine. Formerly used as a cough
remedy, its main use at present is in treatment of the eyes.
(6) Codeine. Codeine is a less potent derivative of morphine pri-
marily used medicinally in treatment of cough and minor physical
discomforts. Tolerance and addiction do occur. Codeine is rarely used
illegally since it is less powerful than morphine and fails to produce
euphoria.
FIGURE 2. Field of Opium Popples. Opium poppies are of three types— tulip
(shown abovej, carnation, and rose. The highest opium content is fojnd in the pop-
pies that ore grown in Iraq. (Courtesy of George S. Moloney, California Bureau of
Narcotics Enforcement, Sacramento.)
INTERIM COMMITTEE REPORT OX NARCOTICS
FIGURE 3. Opium Peppy Seed Pods. Shown here
are the seed pods of the opium poppies from which
the juice (raw opium) is extracted.
(7)^ Papaverine. Papayeriiie hydrochloride is the salt of an alkaloid
contained in opium and as such is embraced within the scope of the
narcotics laws and regulations. It is unlike morphine both pharmacolog-
ically and chemically and has only a mild analgesic effect.
8. Marijuana
This drug is most commonly known in the Western Hemisphere as
cannabis americana and marijuana; generally known throughout the
world as hemp; in the Asiatic countries as cannabis indicae (Indian
hemp), hashish, charus, bhang, or gunjah.
Marijuana is made from the dried leaves of the cannaMs sativa
(hemp plant )^ which today is found either growing wild or under culti-
vation in wide areas of India, the Shan States of Burma, Turkey, Syria,
Lebanon, Greece, Brazil, Mexico, and Africa.
The leaves of the female hemp plant are gathered and dried as the
seeds are ripening. From these the cigarettes are made which produce
a very irritating smoke.
Marijuana has no therapeutic A-alue and its use is therefore always
an abuse and a \4ce. The illicit use of marijuana has been a centuries
old problem throughout the world. In the United States it has become
a serious problem in the last 15 years.
Marijuana has the appearance of dry tea and in the United States
is smoked in cigarettes known as "reefers" or "sticks." In some
parts of the world, marijuana is usually eaten or chewed.
5 The hemp plant has much commercial value. The stalks and stems are used in the
manufacture of rope and hemp cloth ; the fruit of the plant is used extensively
as domestic bird food ; the seeds are valuable in the paint industry as a source of
quick-drying oil.
INTERIM COMINIITTEE REPORT ON NARCOTICS
FIGURE 4. Marijuana (Indian hemp) showing male and female flowers and leaf.
Although marijuana is not addiction forming, it does produce dan-
gerous reactions in people, and often leads to subsequent use of the
addiction forming opiates.
C. Synthetic Depressants
Demerol (isonipecaine) was the first drug produced synthetically
and designed for analgesic use as a substitute for the pain-relieving
opium derivatives. The new drug bore no chemical relationship to
morphine. When results of official tests indicated that the drug pos-
sessed addiction liability, the Bureau of Narcotics obtained enactment
of a special statute (July 1, 1944) making the federal narcotic laws ap-
plicable to the new drug under the statutory designation isonipecaine.
Subsequent synthetic drugs of addiction liability qualities are
under control of other statutes recommended by the Bureau of Nar-
cotics. These synthetic drugs are legitimately manufactured and have
been available to all persons privileged to prescribe and administer nar-
cotic drugs.
10 INTERIM COMMITTEE REPORT ON NARCOTICS
Many of these synthetic preparations, however, have found their
way to the illicit traffic through diversion from legitimate channels by
way of burglaries of drug stores and forged prescriptions.
„ ^ . THE STIMULANTS
A, Cocaine
Cocaine is obtained from the leaves of Erythroxylon coca Lamarck,
a shrub indigenous to Peru and Bolivia. Peru provides the bulk of coca
leaves for the commercial trade. ^
The discovery of cocaine is usually credited to Nieman in 1859. In
medicine cocaine is used principally as a local anesthetic. (It produces
desensitization of the sensory nerve endings). However, it is gradually
being replaced by less toxic drugs such as procaine and novacaine.
Addicts generally take cocaine intravenously (injecting about 20 to
60 milligrams every 10 to 15 minutes). Occasionally addicts sniff the
drug, absorbing it through the mucous membranes of the nose.
Cocaine is relatively scarce on the illicit market because the inter-
national movement of coca leaves is strictly controlled. It is of interest
to note that Peru has closed all cocaine factories.
6. Benzedrine
The synthetic drug benzedrine sulfate (official name Amphetamine)
is a white powder put up in tablet form for oral use, in ampules for
hypodermic use, or in solution form for use in the eye or nose, or in
inhalers for nasal use.
Taken orally or injected, it has a direct stimulating effect on the
central nervous system, and a local constricting effect on the nasal
mucous membrane. Usually the effects of benzedrine on the central
nervous system include feelings of euphoria, and some heightening of
alertness and initiative.
Many truck drivers and students use benzedrine and related drugs
for the purpose of reducing sleepiness. However, people taking benze-
drine should be under frequent observation of the physician, since abuse
of the drug can produce serious dangerous results.
C. Mescaline
Mescaline (peyote) is obtained from the top (mescal buttons) of the
small mescal cactus. This stimulant is taken orally by the Indians in
the southwestern United States and Mexico.
6 There are four principal uses of coca leaves: (1) in medicine, (2) for the manu-
facture of cocaine, (3) for the manufacture of non-narcotic flavoring: extracts,
(4) for chewing.
Section C
DRUG ADDICTION-CAUSES AND RESULTS
Drug addiction may be defined as a condition in which a person com-
pulsively abuses a drng to such an extent that the individual, society,
or both are harmed.
The time required for addiction generally varies, depending on the
individual and the drug which is used.
Two medical terms must be mentioned in the description of drug ad-
diction— they are ' ' tolerance ' ' '^ and ' ' dependence. " ^ As the drugs are
used over a prolonged period, the body increases its tolerance, and the
drug user must keep increasing his dosage to get the same effect. The
poison of the dope goes to work on the central nervous system, through
which the brain controls the body. The nerves, the brain, the cells be-
come so accustomed to the narcotic that in a short time they are unable
to function normally without it — thus are "dependent" upon the drug.
When a person reaches this stage, he is an addict and must have the
narcotic in his body at all times just to feel "normal."
The immediate effects of the drugs on a person vary with the particu-
lar drug. Following is a description of the effects of the drugs described
previously.®
The opiates (morphine, opium, heroin and other depressants) are
taken to induce a sense of calm, ease, and contentment. They relieve
psychic tension and produce a pleasantly relaxed and dreamy stage
without causing mental confusion or ataxia.
Most opiate addicts ^° take their drugs hypodermically and the intra-
venous route is preferred. ^^
In the early stages of opiate addiction the addict's breathing and
pulse rate are slowed down, blood pressure is reduced, and body tem-
perature is lowered. The addict may suddenly become very active
physically and then become drowsy and inactive, drift into light sleep,
suddenly awaken, and then drift back to sleep and have fantastic
dreams (usually unpleasant). He also may suffer from dizziness. As
addiction proceeds, the interval between injections is shortened and
the dose is increased since the addict finds that more and more of the
drug is required to produce the desired effect.
Once "tolerance" is well developed, the amounts of morphine which
can be taken by an addict are almost unbelievable. ^^
If an individual who has been using 240 milligrams or more of mor-
phine daily suddenly stops taking the drug an illness develops known as
■ Tolerance : the capacity the body builds up to withstand poisons, such as drugs
injected into the bloodstream. ..,.., ^ -,
8 Dependence : the physical change that takes place within the body when dope is
introduced into the bloodstream.
9 See Chapter I, Section B. , . , .
i» Addicts are clever at improvising syringes, frequently using eyedroppers m place of
syringes. (Cigarette paper moistened with saliva is wrapped around the end of
the eyedropper and the needle fitted into the dropper.)
" Very little attention is given to sterility so that subcutaneous abscesses ocrur
frequently among morphine addicts.
12 As much as 78 grains of morphine have been administered intravenously in IC
hours time to a tolerant addict.
(11)
12 INTERIM COMMITTEE REPORT ON NARCOTICS
abstinence syndrome. Generally the addict becomes uncomfortable and
somewhat nervous six to eight hours after his last dose of morphine has
been administered, although no objective phenomena of abstinence are
evident at that time.
After 12 to 14 hours of abstinence the patient becomes drowsy and
curls up in a restless tossing sleep. About 24 hours after the drug is
discontinued the patient will show increased tearing, a watery nasal
discharge, sweating, frequent yawning, dilation of the pupils and re-
current waves of gooseflesh. As time goes along, these symptoms increase
in intensity. Restlessness becomes great, twitching of the muscles of
the legs and arms appears, patients are unable to eat, vomit frequently,
have diarrhea and complain of severe aching in the muscles of the back
and legs. They develop a slight fever, the blood pressure is moderately
elevated, and respiration increases in both rate and depth. Peak in-
tensity occurs at about 48 hours when they are in constant motion. At
this point the addict will do anything to get another shot of the drug
(since one shot will ease the pain). Hallucinations are common and the
patient may throw himself about the room, yelling and screaming.
Intensity continues until the 72d hour ; thereafter symptoms decline.
Seven to ten days after the last dose of morphine was received, most of
the objective signs of abstinence disappear although the patient may
still be nervous, sleeping poorly, and weak. Physical dependence on
morphine is a self-limited condition, and if the patient stops using
narcotics, he will eventually lose his physical dependence.
The pattern of abstinence from analgesics other than morj^hine differs
in intensity and in time. Abstinence from heroin, dilaudid and keto-
bemidone ^^ comes on rather rapidly, is maximal about 8 to 12 hours
after the last dose of these drugs is given, is more intense than ab-
stinence from morphine and subsides more slowly. Abstinence from
demerol comes on rapidly, is mild in degree and subsides rapidly. Ab-
stinence from methadone is not apparent until three or four days after
the last dose of the drug is administered, is quite mild in intensity and
only a few signs of disturbed autonomic function are present. Marked
decrease in sexual activity occurs during addiction to narcotic drugs.
Babies born to women addicts may be addicted at birth.
Other detrimental effects to the body of addicts are discolored scars
and tattoo marks from repeated needle punctures, boils and abscesses
often resulting from the use of unsterile equipment to inject the drug.
The stimulant drugs ^^ (cocaine, benzedrine and mescaline) produce
a temporary sense of elation, relief of fatigue, and a feeling of increased
ability and superiority. The amounts of stimulants used by addicts in
this country produce very unpleasant symptoms unless some antidote —
usually morphine or heroin in the case of cocaine, and barbiturates in
the case of benzedrine — is taken concomitanth'.
The symptoms of intoxication with all stimulant drugs are similar
and differ chiefly in the time of onset, the length of time the symptoms
persist and the type of hallucinations induced by the individual drug.
Signs referable to stimulation are present. The sympathomimetic signs
include sweating, tachj'cardia, hypertension and dilation of the pupils.
Signs referable to cortical stimulation include nervousness, tremulous-
ly Keto-bemidone : a derivative of demerol.
" See Chapter I, Section B.
INTERIM COMMITTEE REPORT ON NARCOTICS 13
ness, increased tendon reflexes and hallucination. Halliieinations in-
duced by cocaine characteristically involve insects crawling on tlie skin,
little people who swarm in through the keyhole of a locked door, etc.
Hallucinations ijivolving colors and patterns are rather infrequent.
Paranoid delusions also appear during cocaine intoxication. Cocaine
users believe they are being watched by detectives and will shut all
doors and cover all cracks with newspapers or blankets. In this state,
addicts intoxicated with cocaine are dangerous since they may assault
and harm innocent people. Hallucinations during benzedrine intoxica-
tion are similar to those of cocaine intoxication. Hallucinations follow-
ing ingestion of mescaline frequently take the form of vivid colors and
patterns. Hallucinations and delusions due to intoxication with either
mescaline or benzedrine may be confused with schizophrenia.
No tolerance develops to any of the stimulant drugs and there are
no true withdrawal symptoms.
CAUSES OF ADDICTION
Most narcotic addicts suffer from a basically pathological character
structure. In these people, the more the drugs are used to solve their
deep-rooted personality problems, the more malignant is the addiction.
Here intensive treatment of a psychotherapeutic nature is necessary and
must be based in each case on an analysis of the factors leading up to
the drug addiction. Among the causative personality factors are fre-
quently found immaturity of character development, a desire to live
only in the present, and a narcissistic attitude. The lack of a sense of
meaning in life and the desire to escape from reality characterize many
of this group, who often show a low capacity for dealing with frustra-
tion, anxiety, and stress. Among the underlying early causes of these
symptoms are found the following factors :
(a) Emotional deprivation, resulting from broken homes or lack of
interest shown by parents in their children;
(b) Over-indulgence and lack of disciplinary training;
(c) Difficulty for the child in identifying with a parental figure
and forming a proper ideal — (e.g., in the case of broken homes,
or wliere parents are seldom at home, or their relationship is
weak) ;
(d) Distrust of authorities arising from the above.
In view of these facts, drug addicts may frequently be found to
suffer from poor ego and superego development — a fact which also
explains a certain tendency towards unreliability and untrustworthi-
ness w^hich can be observed among them.
Dr. Robert Stoller, Assistant Professor of Psychiatry at the Uni-
versity of California Medical Center, Los Angeles, testified before the
Senate Narcotics Committee. ^^ He stated that there are three main cri-
teria involved in the definition of an addict:
(1) Emotional dependence (the user feels that he must have the
drug and this need becomes overwhelming) ;
1^ Los Angeles hearing — September 17, 1957.
14 INTERIM COMMITTEE REPORT ON NARCOTICS
(2) Physical dependence (when the drug is withdrawn from the
patient) ;
(3) Tolerance (the longer one uses the drng, the more of the drug
it is necessary to have to maintain the desired pleasurable effect).
Dr. Stoller then classified the types of addicts into two general
groups. Those who are accidentally addicted, and the more commonly
seen drug addict.
The accidentally addicted addict is the person who, as a result of great pain
with a severe physical illness, is given over a prolonged period of time con-
siderable amounts of an addicting drug. As a result of being given these drugs,
he will develop all the physical signs and symptoms of a drug addict. However,
he does not have the personality that goes along with the second category,
the more usually seen drug addict, the one who is the primary concern of
this committee.
The personality of the voluntary drug addict is separate and distinctive
from that seen in any other problem that we have in psychiatry. There are
certain things which can be described which are seen to a greater or lesser
extent in other personality disturbances. * * * Almost always the drug
addict comes from a certain family situation. (A number of these people have
the superficial appearance of coming from good families.) * * * The drug
addict invariably has a very low degree of ability to withstand frustration. All
people have some difficulty in doing so, but the drug addict can't stand it for
more than a minute, or a few minutes, following which there is a build-up of
tremendous tensions which he has learned can be released or relieved by the
use of narcotics.
Dr. Stoller concluded his testimony by mentioning that the acci-
dentally addicted patient, after he has been removed from the drug,
will rarely go back to it, whereas the voluntar}' drug addict will gener-
ally revert to the drugs due to a craving for them in his personality.
Dr. Frank Robertson, Director of Health Services, San Diego State
College (who is both an M.D. and an educator) stated at the Sacramento
hearing. ^^
Only 10 percent of all alleged delinquents and users sought actively for the
material on their own the first time. Ninety percent weren't looking for it. How
did the typical introduction come? It was either a group setting or the intro-
duction of a youthful friend, not a pusher, not a peddler. Contrary to popular
belief, in almost all cases the novice does not get his first shot from an adult
pusher. The vast majority of juvenile addicts are regularly on heroin within
a year, at a median age of 16.
Dr. Robertson continued his testimony by distinguishing between
youths who had been delinquent prior to using heroin and those who
had not. He said:
Those who had been delinquent tend to be social users more often, take
the drug in order to belong, to "be down," and for the pleasure of it. To them
drug use seems to be just another way of being delinquent * * * On the
other hand, the people from the higher and highest economic levels, are the
ones who are most psychologically disturbed, the ones who become more
seriously addicted, more rapidly addicted, and the ones to whom it plays a
supportive role. It is not just for "kicks." It is an escape.
Chief of the Los Angeles Police Narcotic Squad, Captain William
Madden, testified at the Los Angeles hearing,^'^ stressing the fact
that "there is only one reason addicts use narcotics — that is because
they want to and they enjoy it."
lo Sacramento hearing- — November 13, 1958.
"Los Angeles hearing- — September 16, 1957.
INTERIM COMMITTEE REPORT ON NARCOTICS 15
Captain Madden mentioned that many addicts who have built up
a very great tolerance to certain drugs (subsequently reducing or
eliminating the pleasure) will commit themselves to hospitals in order
to achieve withdrawal from the drug (physiologically the addict is now
clean). When this result is obtained the addict again reverts to the
drug since he can now receive a pleasurable effect with a minimum
amount of the drug.
Sociological implications of drug addiction are numerous and varied.
Although many people who become narcotic addicts are none too
intelligent before they start, the drug habit can just as easily fasten
its hold on the smart individual who is impervious to sound medical
advice.
Addiction causes a great weakening of character (the weak traits
are enlarged and the good traits disappear). A young person who be-
comes an addict is sleepy most of the time ; he becomes poor in his
studies; he has no interest in athletics; he is irritable; tells stupid
lies; he is completely preoccupied with himself.
Continued use of drugs often results in a career of crime since the
addict is too sleepy and unreliable to hold a good job (although he
needs an enormous amount of money to maintain his drug habit).
Women addicts often become prostitutes in order to obtain sufficient
funds for the costly drugs.
Dr. Joel Forte of the Berkeley Mental Hygiene Clinic testified at
the Sacramento hearing ^^ regarding sociological implications in addic-
tion. He stressed the importance of environment saying :
Behavior in general is a learned thing, learned through early interrelationships
with people, primarily parents, and later in schools and gangs and associates
that one has.
In a statement before the committee/^ Dr. Frank Robertson, Director
of Health Services, San Diego College emphasized that drug addiction
among juveniles is highest in neighborhoods where the income and
education are lowest, and where there exists the greatest breakdown of
normal family living arrangements.
Dr. Robertson also stressed the evils of marijuana. Referring to the
Chein report ^*^ he stated, "Almost 100 percent of the people in this
study smoked marijuana before they used heroin."
Richard A. McGee, Director of the Department of Corrections
speaking at the Sacramento hearing ^i of the committee had the follow-
ing to say about the relationship of delinquency and addiction:
Over two-thirds of all of the persons addicted to heroin (we eliminated out
of this marijuana ; we are only speaking of the illicit heroin which is not
prescribed for medical purposes in this country) had been delinquent at least
a year, sometimes two or three years. In other words, they had an arrest
record for delin(]uent conduct before they began using drugs at all. * * * This
is quite significant because it indicates that people don't become delinquent
because of drug addiction, but they are delinquent and delinquent gi-oups begin
using drugs. One of our hoys said rather facetiously, "Most of these people
are not hooked on drugs, they are hooked on delinquency and drug addiction
is a function of their delinquency."
1^ Sacramento hearing — November 13, 1958.
"Sacramento hearing — November 13, 1958.
80Isidor Chein, "Narcotics Use Among Juveniles."
21 Sacramento hearing" — November 14, 1958.
16
INTERIM COMMITTEE REPORT ON NARCOTICS
Section D
THE ILLEGAL DRUG TRAFFIC
Major sources of the world's illicit narcotic supply are Communist
China, Burma, Malaya, India, Turkey, Thailand, Iran, Syria, Lebanon,
Italy, and Mexico.
In recent years much of the heroin on the illicit market in the United
States is from Turkey, Iraq, and Iran. Another source especially in
California is heroin from Mexico.
Today in spite of the diligent efforts of our federal and state law
enforcement officers, narcotics continue to be smuggled into California
ports and across international boundaries.
Walter R. Creighton (who at the time of the Senate Narcotics Com-
mittee Hearing in San Francisco,^- was Chief of the California Bureau
of Narcotics) testified that some heroin comes to Southern California
from the Mediterranean area (Turkey, Iraq and adjacent areas) by
way of France and Italy. He further stated that Northern California
had previously been supplied primarily from the Far East, but that
since our secession of trade with Red China, Mexico is taking over
where the Oriental supply left off".
Most authorities agree that California's prime supplier of heroin
and marijuana are the dealers in the Republic of Mexico. Frank Thorn-
ton, Federal Collector of Customs, San Diego, California, described the
impossible task of searching each vehicle crossing the Mexican border
into California. He testified -■* that during the fiscal year ending June
30, 1957, that 6,259,348 vehicles with 17,798,213 passengers and 5,173,-
591 pedestrians entered the United States from Mexico. When it is
realized that a mere 20 ounces of pure refined heroin after being cut
(diluted) 10 times may have a retail value of $151,000, the difficulty
of the enforcement problems can readily be seen. The foregoing figures
were given to the committee at the San Francisco hearing ^^ by Harold
G. Robinson, Deputy Director, California State Department of Justice.
The federal law requiring all convicted narcotics offenders to
register at the border before entering Mexico has assisted the federal
authorities in controlling the international drug traffic.
Another method of controlling the international traffic in narcotics
was suggested by J. Frank Coakley, District Attorney, Alameda
County, California. He testified -^ that more emphasis need be brought
at the federal and international levels to control the production of
opium by withholding foreign financial aid to countries which permit
the illegal production of the drugs and refuse to co-operate under the
International Convention regulations regarding narcotic traffic. He
said, "It seems rather futile to try to hold our finger in the dyke, so
to speak, on the local level, when we could probably do a better job
of stopping it from coming in by a more aggressive program on the
international level. ' '
22 San Francisco hearing — August 20, 1957.
23 San Diego hearing — December 13, 1957.
2* San Francisco hearing — August 19, 1957.
26 San Francisco hearing — August 19, 1957.
(17)
18
INTERIM COMMITTEE REPORT OX XARCOTICS
FIGURE 6. Marijuana Seizure. Shown here is part of marijuana seizure {75 lbs.)
by the California Narcotics Bureau in Los Angeles. Each package contains 2 lbs. of
marijuana valued at $50 each in Mexico. In the United States this same package is
illegally sold for $150.
Notice the compact style of wrapping the machine compressed marijuana leaves
and flowering tops for convenience in smuggling across the border in automobiles.
Packages have been double wrapped to prevent characteristic marijuana odor from
being detected.
The picture "" also illustrates the rapid transfer of marijuana from Mexico to Califor-
nia by noting date of newspaper wrapping ^April 26, 1959) from Cuiiacan de Rosales,
Mexico. This was part of the May 11, 1959, seizure in Los Angeles.
At the committee meeting ^'^ in San Francisco, Chester R. MaePhee,
Collector of Cnstoms for the U. S. Treasury Department at San Fran-
cisco, explained the methods nsed to smuggle the valuable contraband
heroin into the United States. He exhibited to the committee a silver
dollar which had been hollowed out and when seized contained about
one-third ounce of pure lieroin worth about .$100 to $150 on the illicit
market. This coin was from Hong Kong where the heroin in it was
bought for about 10 dollars. This is only one of the many ruses used
to snmggle drugs into this country, but it points out the tremendous
profit motive involved in the illegal drug trade.
2« Picture — courtesy of A. V. Beckner, California Bureau of Narcotic Enforcement,
Los Angeles.
2" San Francisco hearing — August 20, 1957.
Section E
NARCOTIC LAWS
Prior to 1914 there were no restrictions on the sale of opium and its
derivatives. In that year, the Harrison Narcotic Act was passed, estab-
lishing a system of regulation governing the legal sale of narcotic
drugs. This act is now re-enacted in the Internal Revenue Code.
The Marijuana Tax Act was enacted by Congress to make it ex-
tremely difficult for marijuana to be acquired by persons who might
desire to use it illicitly, and also to develop an adequate means of
publicizing dealings in marijuana in order to tax and control the
trathc effectively. This act is also incorporated in the Internal Revenue
Code.
The Narcotic Drugs Import and Export Act was passed in 1922. This
act authorized the importation only of such quantities of opium and
coca leaves as the commissioner of narcotics shall find necessary to
provide for medical and scientific needs under such regulations as the
commissioner shall prescribe.
The Uniform State Narcotic Law requires manufacturers of and
wholesale dealers in narcotic drugs to obtain a license from the appro-
priate state agencies and prescribes certain qualifications for these
licensees and directly and specifically penalizes the forgery or alteration
of a narcotic prescription.
In 1942, enactment of this legislation prohibits the growth of the
opium poppy in the United States, except under a special license issu-
able only upon a demonstrated need for domestic production of the
opium poppy to supply opium derivatives for medicine and scientific
uses.
The Boggs Act was passed by Congress in 1951. This act provides
penalties for illegal sale or possession of narcotic drugs of from two to
five years for the first offense, 5 to 10 for the second, and 10 to 20 for
the third. It also provides that except in the case of a conviction for
a first offense, the execution of sentence shall not be suspended and
probation or parole shall not be granted until the minimum term
provided for the offense shall have been served.
The State of California Narcotic Act 1957 is Division 10 of the
Health and Safety Code.
(19)
CHAPTER II
SYNOPSIS OF THE TESTIMONY RELATING
TO LAW ENFORCEMENT
-L-lOO
CHAPTER II
SYNOPSIS OF THE TESTiMONY RELATING TO
LAW ENFORCEMENT
Section A. Relation of Crime and Narcotic Addiction.
Section B. Use of Nalline in the Detection of Narcotic Usei-s.
Section C. Registration of Addicts and Creation of Central File.
Section D. Revocation of Drivers License for Those Engaged in Transportation
of Narcotics.
Section E. Separation of Code.
Section F. Search and Seizure Laws.
Section G. Search and Seizure of Narcotics Secreted in Body Cavities.
Section H. Disclosure of Informant.
Section I. Prosecution in County in Which Arrested.
Section J. Striking Priors.
Section K. Need for Increased Personnel in Law Enforcement Agencies.
Section L. Differentiation of Punishment for Addicts and Peddlers.
Section M. Ideas on Stricter Laws and More Severe Penalties.
(22)
Section A
RELATION OF CRBME AND NARCOTIC ADDICTION
The current estimated cost of the narcotics traffic in California is
$65,900,000.^ This includes cost for institutional operations, parole,
capital outlay, arrest, trial, transportation, and the economic waste
involved. The economic waste, assuming 10,000 drug users spending
$5,000 per year, is $50,000,000 per year.
The relationship of crime and narcotic addiction was a subject upon
which the Senate Committee on Narcotics obtained varying degrees
of testimony, all of which supported a definite correlation between
the two.
Benjamin Swig, prominent hotel operator and Foreman of the Grand
Jury of the City and County of San Francisco said :
Our grand jury has been greatly concerned about the illegal sale of narcotics.
Frankly, 50 percent of the cases that appear in our grand jury relate to the
illegal sale of narcotics ; another 15 percent of the cases that we hear are
crimes arising out of the use of narcotics, such as murder, rape, burglary and
robbery.
Mr. Swig commented that the percentage in many counties is even
greater such as in Los Angeles County where '*over 90 percent of the
cases before the grand jury are narcotics cases."
J. Frank Coakley, District Attorney of Alameda County, testified
at the August 19, 1957, hearing of the committee. He stated:
The total arrests for narcotic violations grew steadily from 1947 to 1954,
and the incidence of heroin violations increased and created a serious problem
in narcotic enforcement because of the vicious addiction qualities. * * * As
the concentration and emphasis on addiction cases has progressed through
1956 and 1957, there has been a corresponding decrease in other crime cate-
gories such as theft from automobiles, shoplifting, prostitution, burglary, rob-
bery and others which we know from the narcotic end. It is well established
that the narcotic problem spawns many other types of crime, even murder in
some cases.
Mr. Coakley praised the use of the Nalline test as a factor in decreas-
ing crimes closely allied with narcotics :
With the adoption of the Nalline test in the City of Oakland, crime such as
auto theft, shoplifting, prostitution, and other related crimes have decreased
from 40 to 50 percent.
Sgt. Margaret Boyd, women's supervisor at the main jail of the Los
Angeles Police Department, emphasized the growing number of pros-
titutes among narcotic users :
About 80 percent of our prostitutes are users of some sort (at least heroin)
* * * 11 years ago when I first came to the department, it was the unusual
prostitute who was a user and now it is accepted. * * * Today in our jail,
25 percent of our sentenced prisoners are known users.
Captain Madden of the Los Angeles Police Department firmly sup-
ported the correlation between narcotic users and crime. He listed as
estate of California, Department of Corrections Report "Narcotics in California"
1959.
(23)
24 INTERIM COMMITTEE REPORT ON NARCOTICS
types ot" (.Tiuu' most often eonmiittecl by addicts to be those of burglary,
shoplift in>::, and thefts from aiitomobiU's. lie cited the time before
Christmas as the ])eriod of tlie bigiicst increase in crime yet "it has
been proven in the past that when narcotic adtlicts arc taken olV the
streets during that period of time, crime decreases."
Captain Kenneth Irving of the Los Angeles Sheriff's Narcotics Detail
stressed the astronomical cost to the comnnmity of crimes committed by
people involved in narcotic tratlic. He stated:
We could consider that an addict with a $10-a-day habit has a very
moderate habit * * * it means that the man must supplement his normal
income, if any, with income derived from illicit or illejial means. * * * The
cost which we bear is in terms of thefts that he commits to maintain this
habit. If he has a $10-a-day habit, he will probably have to ro out and
steal $40 or ?;">(> worth of merchandise to trade for narcotics or to pawn in
order to have the funds to buy $10 worth of heroin. ♦ * ♦ We are paying
the bill for this i>redatory activity just as much as if we had him in an
institution, supportinji him right out of direct public funds.
Captain Irving estimated that in Los Angeles County approximately
5,000 drug addicts reside which costs the citizenry roughly $200,000
a day in terms of thefts committed by these addicts.
You and I are paying that bill, whether we want to admit it or not, plus
the cost of enforcement, plus the cost of maintaining or putting him through
the court, processing him through the courts, plus the cost of maintaining him
after he is sentenced, knowing full well that when he comes out of jail in all
probability he is going right back into the same operation.
John D. Keller, District Attornej^ of San Diego County, termed as
"inseparable" the relationship between crime and narcotic addiction.
He laid particular emj)hasis ui)on the crimes of theft, larceny, and
embezzlement.
I do know that the prisoners accepted at our state institutions, both the
men and women's institutions, approximately 25 to IJO percent of them are
found to have a narcotic background.
Kichard ]\IcGee, Director of the Department of Corrections, testified
at the hearing held November 14. 1958, in Sacramento. He enumerated
upon the size of the narcotic problem on the state level which is con-
stantly growing:
Al)ont one-si.xth of all of the people that we have in our custody are heroin
addicts. I am not speaking of marijuana smokers or those who h;ivc played
around with drugs. If you include those, it is about one-thiul of them.
Mr. McCee connnented that the majority of narcotic addicts do not
commit more assaultive crimes after they become ilrug addicts than
they did before. He categorized crimes conunitted by addicts as passive
crimes (petty thievery, forgery, automobile thefts) ratiier than crimes
of violence.
Dr. Karl Bowman of the University of California IMedical Center
backed Mr. McGee's testimony with the following statement:
The general effect of taking any of the opiates is not to cause a person
to go out and commit crimes of violence. It does exactly the opposite. He is
relaxed and happy and will sit around doing nothing. It i>^ when he can't
get the opium that he goes out and does something about it.
Dr. Bowman went on to say that "sex crimes committed under the
effect of opiates are practically nil."
USE OF NALLINE IfJ TriE DETECTION OF
NARCOTIC USERS
In April, iiff»^, the firsrt ii»ft (A Jaw (mlM'CA^nf.m ^ of a new anti-nar-
eeiic drwj?, Xalline!,* in th« fl^^<^«tioFn ami pTfm'CMiHm nf narcotic addif^t^
wa« nndftrtakem by the Oakland Police Department and the Alamcr^la
Connty D>i«triet Attorney' *s Office,
Twlay the Xalline proonranm m in effect in Alameda, ?*anfa Cjlara,
Imperial, and ¥rcy re it ha« reeeive^l er. -; «Tip-
port. Official* (>f and Cormty are pr n the
pre»ee9w« of e»t-; ' a »imi»ar prf>^am for the Haeramento ar^ta,
and the San i ..-. , antboritic* are considering it* a^lojytion.
In the conr«e of it« invcs»tij?ation, the Benate CVymmittee on Karc<f)lt.ic»
heard t€»timony from se^'eral witnes»eK who cited the n«e of Malline
a» a boon to law enforcement,
I>i«trict Att^'ymej' Frank Oakley of ' ne
committee that wince the use of the Na. ^«
attribated to narcotic addict* ha* deerea»#!»fj 40 xa jVj percent, Mr,
Coakley recommended that le-jp^lation be intro<floced which wonld per-
mit law enforcement agencies* to give a Kalline tes*t wjthoot the eonaernt
of the arrestee. The committee, however, question* the con»titiition-
ality of Koch a law,
Dr, James Terry, M,D,, of th^ y Bheriff'» Office,
gave the committee baekgroond . /nrning the inttial
MaU]£i« test* given in the Oakland I'oiiee irepartment,
whti/s» Iwto l*w it^m.- .1(1
(25>
26
interi:m committee report on narcotics
IY£ BEFORE TEST
EYE AFTER TEST
FIGURE 7. Picture of eye before and after Nalline test. By using— with the permission of the
subject— a simple test entailing injection of Nalline (N-allylnormorphine) and noting the reac-
tion in the pupils of the eyes of the subject, it is possible to determine whether a patient is
addicted to a narcotic, is an occasional user, or is a nonuser. (See Appendix E.) (Pictures cour-
tesy of Lt. Ted Brown, Oakland Police Dept.)
Since May of 1956, we have been treating people referred to us with this
antinarcotic drug. The number of tests that I have given or given under my
supervision number about 1,500. Out of these 1,500 people, less than 50 re-
fused to take the test. When we first started this program, we had nothing
but refusals.* * * then, all of a sudden, the reaction changed * * *. The
addicts found that if a person passed the test he was going to walk out of
that city jail. (In the initial roundup there were several addicts who had been
using narcotics rather lightly ; consequently, the Nalline test was negative
and they were turned out.) Once all of the rest of the addicts heard that,
they stormed the sergeant to send up for permission to take the test and since
then to date we have had no difficulty.
Dr. Terry praised the use of the "antinarcotic" drug ^ Nalline^
as a powerful diagnostic weapon and also cited its therapeutic value :
Men and women addicts come in not uncommonly each week.* * * Some
of them try to take enough heroin and no more so that they can still pass
the test. If it doesn't stop the use of a narcotic, it prevents the development
of addicts.
Albert Hederman, Jr., Deputy District Attorney of Alameda County
advocated legislation providing a mandatory period of probation for
convicted addicts following a minimum 90-day incarceration.
* Another antinarcotic drug, Lorfan, has been developed by Hoffman-Roach.
° Cost of Nalline is 40 cents per injection.
INTERIM COMMITTEE REi'OKT ON NARCOTICS 27
There should be a period of probation where the addict is required to come
in regularly, take a Nalline test, and as Dr. Terry and others have indicated,
it is proving a deterrent * * * in many cases, persons who have been addicted
in the past, over long periods of time, with heavy liabits, are now working for
the first time probably in their adult lives.
Mr. Hederman substantiated the success of Nalline in post incarcera-
tion control of addicts by reviewing statistics in Alameda County.
He emphasized that there has been a considerable reduction in the
number of trials per arrest which is a saving to the taxpayer as well
as to all of the agencies involved in narcotic enforcement.
Dr. Marcel Frym, M.D., of the Hacker Foundation, described the
drug Nalline in the following words :
Nalline is not a cure but it is a diagnostic tool. A large dose provokes vehe-
ment witlidrawal symptons in a person who has been addicted, who has been
a user, so anyone who has been under supervision, parole, or surveillance can
be checked. He can be tested by properly qualified people as to whether he is
a user or not. He cannot just give you a lot of hot air talk.
Dr. George Stevenson of the Department of Pharmacology of the
University of California at Los Angeles reviewed for the committee the
many benefits due to the drug Nalline :
This compound, although it has not solved the addiction problem, has made
some very important contributions to medicine and to the problem of addiction.
* * * Nalline can be used to treat narcotic poisoning. For example, if a person
accidentally receives a large dose of morphine, he can be given a dose of
Nalline which will save his life. Therefore, this drug has been a lifesaver in
this respect.
Mrs. Leona Neff, Chairman of the Narcotics Committee of the Grand
Jury of Los Angeles County advocated the use of Nalline on a state-
wide basis and especially in Los Angeles County. She testified at the
Los Angeles hearing of the committee held September 17, 1957 :
The Nalline program has been successful in Oakland, and crime there has
gone down considerably since the use of this testing process. We feel that if
this were put on a statewide basis, that addicts and the return to addiction
would be detected and brought under control much quicker. There is now a
California law that judges as a condition of probation can order periodic
Nalline examinations."
Dr. Victor Vogel, Director of the Out-Patient Clinic of the Federal
Public Health Service in Los Angeles and former Superintendent of
the Federal Narcotics Hospital at Lexington, Kentucky, recommended
that the Nalline test be given to addicts on probation. He said:
At a hospital like Lexington or Fort Worth, you could put the average
addict patient on a probationary status so that it could be decided when to
let him go at the time of maximum results of treatment, to be followed by
a period of three to five years on probation, and one of the conditions of the
probation being the regular use of a Nalline test, perhaps once a month.
Don Keller, District Attorney of San Diego County, urged the fol-
lowing measure :
I feel that pursuant to Section 11722 of the Health and Safety Code, that
the rules and regulations provided for — for the tests, particularly the Nalline
test, should be advanced and developed by consultation, perhaps, amongst law
enforcement and narcotics bureaus in the State of California to get those rules
and regulations in concrete form as it was anticipated by the adoption of the
law in 1957.
6 Section 1203 of the Penal Code.
28
INTEEIM COMMITTEE REPORT ON NARCOTICS
Wallace Niemela of the San Diego Junior Chamber of Commerce
suggested " that funds should be allocated by the Legislature to the
Youth and Adult Parole Department in establishing a Nalliue program
for treatment of addicts,
Eegarding aid to individual counties, Mr. Niemela stated :
Financial assistance should also be given to those counties unable to finance
their own Nalline program. If this is done, this progressive approach to the
problem of narcotic addiction can be effectively used throughout the State.
During the 1959 Legislative session a bill ^ was passed providing
a sum of $50,000 to be expended during the 1959-60 Fiscal Year, for
the rehabilitation, testing, and control of narcotic addicts.
The following statistics show the most recent results of the Nalliue
test program by the City of Oakland Police Department. (Courtesy of
E. M. Toothman, Chief of Police, City of Oakland.)
NALLINE TEST STATISTICS
1956 Through June, 1959
TOTAL TESTS GIVEN
Positive
Year No. tests Positive Negative N/0 test Eefused
1956 752 180 522 36 14
1957 1,752 196 1,504 47 5
1958 2,445 204 2,200 37 4
1959 (January- June) 1,884 82 1,770 32 0
Total 6,833 662 5,996 152 23
Percentage Data
1956 752 23.0 69.4 4.7 1.80
1957 1,752 11.2 35.3 2.7 .28
1958 2,445 8.3 89.0 1.5 .16
1959 (January- June) 1,884 4.4 93.9 1.7 0
Total 6,833 9.7 87.S 2.2 .36
TOTAL INDIVIDUALS TESTED
1956 402 146 231 16 9
1957 537 152 352 28 5
1958 724 169 526 27 2
1959 (January- June) 371 67 297 7 0
Percentage Data
1956 402 36.3 57.4 3.9 2.2
1957 537 28.3 65.5 5.2 .9
1958 724 23.3 72.6 3.7 .27
1959 (January- June) 371 18.1 80.0 1.9 0
Note: The total of "individuals tested" for the several years indicated will not ac-
curately reflect the number of persons who have been given NaUine tests
because many subjects have been counted in more than one year.
''Senate committee hearing — San Diego, held December 13, 1957.
8 Assembly Bill No. 2276 Cunningham. See Appendix F, page 104.
INTERIM COMMITTEE REPORT ON NARCOTICS 29
ARRESTS
I\'tiiiihef J'osilirc Percent
Year Arrests I'osUivc X/0 test Positive Negative Refused
1956 448 165 33 44.4 235 14
1957 523 139 41 34.4 338 5
1958 530 KKi 31 3().6 335 3
1959 (.Tannary-June) 218 47 19 30.3 152 0
Total 1,719 512 127 37.2 1,000 22
REFERRALS FOR NALLINE TESTS BY REFERRAL AGENCY
Total Tests
Prohaiion
1950 234 11 2 5.5 221
1957 1,028 4(; 4 4.3 978
1958 1,595 3G 2 2.4 1,556 1
1959 (January-.Tune) 1,123 24 10 3.0 1,089
Total 3,980 117 18 3.3 3,844 1
Parole
1956 59 2 1 __ 56
1957 172 9 2 __ 161
1958 278 7 1 __ 270
1959 (January-June) 520 10 3 __ 507
Total 1,029 28 7 994
C F. A.
1956 1 __ __ __ 1
1957 12 1 __ __ 11
1958 30 2 __ __ 28
1959 (January- June) 0
Total 43 3 40
D. M. V.
1956 5 __ __ __ 5
1957 15 1 __ __ 14
1958 12 1 __ __ 11
1959 (January -June) IS — __ __ 18
Total 50 2 48
NOTE: Not included above are a relatively small number of tests administered for
outside departments, private attorneys, etc.
NALLINE TEST RESULTS BY SEX OF SUBJECT
(Includes Arrests and Referrals)
MALE r> M- r. j
Positive Percent
Year No. tests Positive N/0 test Positive Negative Refused
1956 567 139 26 29.1 389 13
1957 1,290 140 37 13.7 1,109 4
1958 1,926 154 25 9.3 1,743 4
1959 (January-June) 1,555 58 24 5.3 1,473 0
Total 5,338 591 112 13.2 4,714 21
FEMALE
1956 205 41 10 24.9 153 1
1957 462 56 10 14.3 395 1
1958 519 50 12 11.9 457 0
1959 (January- June) 329 24 8 9.7 297 0
Total 1,495 171 40 14.1 1,302 2
30 INTERIM COMMITTEE REPORT ON NARCOTICS
ABSTRACT OF SELECTED OFFENSES
The offenses indicated below are known to be prime sources of income
for addicts in the Oakland area. Figures refer to the first half of 1955,
before the Nalline program was adopted, and the first half of 1959,
after three years experience with the Nalline test.
Jan.-June Jan.-June Percent
Offense 1955 1959 Change
Robbery 448 235 -i9.8%
Burglary 1,669 1,353 -18.9%
Auto burglary 536 214 -60.0%
(Theft from locked auto)
Auto clout 384 285 -25.3%
(Theft from unlocked auto)
Prostitution 158 84 -46.8%
Section C
REGISTRATION OF ADDICTS AND CREATION
OF A CENTRAL FILE
Several witnesses appearing before the Senate Narcotic Committee
gave testimony concerning the need for a law requiring addicts to reg-
ister pins the establishing of a central narcotic file.
The Supervising Inspector of the State Bureau of Narcotics Enforce-
ment, San Diego Office, Mr. 0. J. Hawkins, testified that a law requiring
addicts to register would be very useful but doubted the complete en-
f orceabiliy of such a measure. He testified : ^
A law to force all addicts to register would be a weapon. I am for the statute,
but it would not ensure a maximum registration of all addicts in the State. It
would be a weapon in the hands of the law enforcement officer particularly with
borderline cases of users just starting to use heroin.
Regarding a central file, Mr. Hawkins made the following statement :
I think there should be two central files ; one, a federal and one state. * * *
There are certain federal regulations and laws which would make it impracti-
cable to have all federal agencies and state agencies report into one state or
federal file. I think that if there is a central narcotic file maintained by the
federal bureau, then the exchange of information between those bureaus, which
I am sure can be done and has been done, will be of great benefit to every law
enforcement agency in the State.
Sergeant Joseph Hallisy of the San Francisco Police Department
stated : ^o
The compulsory registration of addicts would give policemen a little tighter
control of the situation. It would at least give us another tool to work with,
another thing that we could use to contact the average addict or person involved
in this traffic. The penalty for failure to register should be a misdemeanor for
addicts and a felony for those convicted twice or more for felony narcotic pro-
visions * * * possibly a felony for failure to register would do something to
deter them.
Director Richard McGee testified at the Sacramento hearing ^^ of the
need for a central agency as a means of abating and containing the
illicit drug traffic in California. He said :
The people who are perpetuating the narcotic traffic are professional crimi-
nals. They are engaging in an illicit traffic day after day. * * * We are prob-
ably not doing the best we could do about this, and part of this rests with the
fact that we have no central agency in the state government in California
which has an overall view of this whole thing. The Attorney General's Office
has certain responsibilities with respect to narcotics enforcement and the reg-
istration of narcotics and all this sort of thing. Each individual police depart-
ment iu the large areas, or course, has its narcotics squad. But there is no one
sitting on top of this whole thing and getting all of the facts, giving advice and
counsel to everyone concerned, including the State Department of Corrections.
Mr. McGee advocated the setting up of some kind of overall commis-
sion similar to that proposed by former Attorney General Brown's
Advisory Commission. Director McGee stressed the urgency of such a
" San Diego Hearing — December 13, 1957.
^0 San Francisco hearing — August 20, 1957.
"Sacramento hearing — November 14, 1958.
(31)
32 INTERIM COMMITTEE REPORT ON NARCOTICS
commission in view of the rapid growth of population and the expansion
of the metropolitan areas.
Sergeant William Robins of the San Diego Narcotics Detail strongly
urged the establishing of a state central file which he maintained would
not only be useful in law enforcement but also would eliminate much of
the duplication of paperwork. Following is a statement of his ideas on
such a file :
I would like very much to be able to have a central file for, say, Southern
California, where all of the narcotic information on addicts and users would be
centralized * * * we, in turn, could draw fi-om that central file information
that would help us.
Section D
REVOCATION OF DRIVERS LICENSE FOR THOSE ENGAGED
IN TRANSPORTATION OF NARCOTICS
Sergeant Joseph Hallisy of tlie San Francisco Police Department
Special Services Bureau discussed with the committee members the
idea of a mandatory revocation of drivers license for those engaged in
transportation of narcotics. Following is an excerpt from the San Fran-
'iisco hearing of August 20, 1957 :
Sergeant Hallisy : The fourth recommendation as far as the legislation is con-
cerned has to do with the transportation of narcotics. We feel that the trans-
portation is one of the lifelines of the narcotic traffic, and a section of the
Vehicle Code which would make mandatory the revocation of a person's license
upon conviction of any of the felony narcotic provisions, with a provision also
included that would malce it a felonious offense to drive any further, to operate
a vehicle at any further time subsequent to that revocation would have some
effect on reducing it. It would certainly be a deterrent to the transporter or the
man who would transport it as a business.
Senator Beard : Well, at the present time. Sergeant, the Department of Motor
Vehicles does have the discretion to revoke any license of a known addict?
Sergeant Hallisy : I understand that ; yes, sir. We are thinking of a manda-
tory revocation in case of a felony conviction for narcotics.
(33)
Section E
SEPARATION OF CODE
In his testimony before the Senate Narcotics Committee in Sacra-
mento, Director of the Department of Corrections Richard McGee
stressed the need for a change in the narcotic laws. He proposed a
separation of code provisions which would alleviate the present inter-
mixing of all kinds of narcotics in the same penalty category. In this
same mixup the illegal drugs are classified along with the legal drugs ;
there is no differentiation made between drugs which are habit forming
in the sense of addiction, and marijuana (which is not habit forming in
the sense of addiction).
Following is an excerpt from Director McGee 's testimony to the com-
mittee :
I know this is contrary to the recommendations of the Federal Bureau of
Narcotics, and it may have a sound basis for its position, that is that most of
the people who have been using illegal drugs (opiate derivatives) start using
marijuana first. They fool around with marijuana cigarettes and then they be-
gin to get involved with more serious materials. For this reason marijuana
is not regarded as unimportant, but it hampers the prosecution and distorts
the statistics. Our statistics will not tell us, for example, the basis on which
people are convicted and sentenced to use, how many use marijuana only and
how many use heroin and not marijuana, or how many have started with one
and gone to the other ; because they are not separated in the act. I think it
would be helpful from the standpoint of knowing the facts, if nothing else, if
these things were provided for in different sections of the law. As for the
penalty, that is another matter.
In his testimony ^^ before the Senate committee Dr. Karl Bowman
emphasized the need for reclassifications of dangerous drugs. He said :
The effect of marijuana is psychologically comparable to the effect of alcohol.
(I am not advocating the use of marijuana but why pretend it has all sorts of
effects that it doesn't have?) According to present law concerning drugs the
statistics of drug addicts contain all the marijuana addicts in the same class-
ification with the morphine, heroin, and other addicts. * * * This causes much
confusion when referring to oflBcial reports especially in the State of California.
Over 90 percent of the drug addicts listed are marijuana users. Some drugs
called narcotics are stimulants. It is an interesting thing that the federal law
is a law on narcotics and defines narcotics. Then you discover that under this
law some narcotics are stimulants. For example, cocaine is a stimulant, but it
is classified as narcotic drug. It is included under the Narcotics Act. When one
refers to narcotics one is referring to a group of entirely different drugs classi-
fied together (some of which produce physiological addiction and -some of which
do not; some are extremely harmful, while others are not nearly so harmful).
This is not the way to deal with the problem. There should be a classi-
fication which differentiates the various drugs sharply.
^Sacramento hearing — November 14, 1958.
( 'M
INTERIM COMMITTEE REPORT ON NARCOTICS
35
FIGURE 8. Root of Drug Problem. Police Captain William Madden (left), who told State Sen-
ate committee of soaring narcotics arrests in California here shows an exhibit of drugs to
Senator J. William Beard (Chairman of the Senate Narcotics Committee) and Police Sgt. Mar-
garet Boyd at Los Angeles hearing— September 17, 1957. (See testimony, page 23.)
The following bills which are acts to amend Sections of the Health
and Safety Code were passed during the 1959 Session of the California
Legislature.
These were Assembly Bills No. 1801, Allen ^^ (Chapter 1112) which
separates the code section for marijuana (but does not provide change
in penalties) and Assembly Bill No. 1186, Francis ^^ (Chapter 736)
which amends Section 11001 of the Health and Safety Code which pro-
vides for definitions of narcotics and synthetic drugs.
^^ See Appendix H, page 105.
" See Appendix I, page 109.
Section F
SEARCH AND SEIZURE LAWS
A subject foremost in the minds of many law enforcement officials
who appeared before the Senate narcotic hearings was the problem
of the Search and Seizure Law. This California law, which came into
effect in 1953 as a result of the Calian decision/^ prohibits the search
of any dwelling for any reason by police or other law enforcement
agency without the possession of a search warrant unless incident to
a lawful arrest.
District Attorney of the City and County of San Francisco, Thomas
Lynch, described the Search and Seizure Law as one which "has ham-
pered and handcuffed the narcotic people in the doing of their job".^^
In his testimony before the committee, District Attorney Lynch
further elaborated upon the desultory effects of the f orementioned law :
If you expose an informer, first of all you won't get him ; secondly, if you
do get him, his usefulness is gone. * * * i believe that we should consider
very seriously about giving narcotic people some tools to work with, par-
ticularly in the field of acting on reliable information. I believe also that we
can give consideration to a constitutional amendment excepting evidence re-
ceived through informants subsequently obtained without search warrant from
the exclusionary rule.
District Attorney Frank Coakley also recommended a revision of the
Search and Seizure Law. He emphasized that this law has made it very
difficult to make arrests for possession of narcotics. In his testimony
before the committee he stated :
I think I can say that law enforcement does not approve of illegal tactics
or conduct on the part of police or any other law enforcement agency. We are
not asking to be permitted to break doors down illegally, or to do things which
are illegal. But there are times in the course of the investigation of the crime,
an investigation which the public demands and expects of law enforcement,
when in following a clue, a policeman in good faith, with no malicious intent
of violating anybody's basic rights, follows and picks up certain evidence with-
out a search warrant, in the middle of the night ; and particularly is this
true in narcotic cases. If that evidence is inadmissable because it was obtained
without a search warrant, it is bad for law enforcement.
Mr. Alfred Hederman, Deputy District Attorney of Alameda County,
emphasized that a specific field in which the California Legislature
could assist the narcotic enforcement officer is that of making search
warrants servable at night.
He described conditions existing in Alameda County since the Cahan
decision in the following testimony :
In our county, during the past two years, we have issued probably two to
three hundred search warrants. Not one of these has been servable at night
* * * that is because of the provisions of the present Section l.lriS of the
Penal Code, which provides that service of search warrants at night can be
authorized by the judge only if there is a positive allegation of the presence
of narcotics on the premises or on the person to be searched. * * *
As we know, and as you have heard in the previous testimony, most of
the information regarding narcotics violations comes from informants, from
15 Cahan decision : People v. Cahan, 44 Cal. 2d 434.
1° San Francisco hearing — August 19, 1957.
(36)
INTERIM COMMITTIOIO KKPORT ON NARCOTICS 37
other users, persons who are in the field juid arc in a iiosilion to know (lie
location or the likelihood of the presence of narcotics in a particular place
or on a particular person. * * * Search warrants which are bas(>(l on that
information and belief, must be served in the daytime only, and this frecpieiitly
results in the police bavins to delay until the next day, and then quite fre-
quently it is too late. The Federal Government had the same problem prior to
1956, and by the Narcotic Control Act of l!>r)6 the federal law was amended
and now provides that such search warrants may be served at any time of the
day or night.
Mr. Hederman continued his testimony by recomniendin«>' that there
should be a provision "whereby the search of an individual's premises
could be made, where a valid arrest has been made of that individual
for narcotics violation (regardless of the place of arrest), either for
the premises where he resides or at the place he is known to use or
frequently occupy. ' '
Walter E. Creighton, who at the time of the San Francisco hearing
held August 20, 1957, was Chief of the Bureau of Narcotic Enforce-
ment for the State of California, made the following comments on the
Search and Seizure Law :
Much has been said by the previous witnesses before this committee relative
to the amendment to the Constitution of the State of Michigan which permits
search and seizure in connection with narcotic drugs, (ientlemen, permit me
to say that I am sincerely in accord with any legislation or if it must be,
constitutional amendment, which will relieve the current situation in California.
It was indeed very unfortunate that at a time when peace olficers are facing
an ever increasing narcotic problem statewide, that we should be burdened
with a decision (the Cahan case) which would literally tie the hands of
narcotic law enforcement agents. I do believe that the narcotic law was the
hardest hit from an enforcement standpoint ; and strangely enough, it was not
a narcotic case which brought about this exclusionary ruling.
Inspector Matthew 0 'Connor, representing the State Bureau of Nar-
cotics Enforcement at Los Angeles (now in charge of the San Francisco
Bureau), recommended that the Senate committee consider various
points of the Michigan state law governing narcotics and firearms.
District Attorney John Keller of San Diego County offered to the
committee the following recommendations : ^'^
The first suggestion I would make is legislation which would eliminate the
exclusionary rule in California relative to narcotics and to concealed dangerous
weapons, basing our law in California upon the law that is existent in
Michigan.
Mr. AVilliam Schenck of the San Diego Police Department advocated
revision of the current laws concerning evidence. The following excerpt
is from the San Diego hearing of December 13, 1957 :
Mr. Schenck : I think it would be wise to consider the possibility of specific
legislation as applied to introduction of evidence in narcotics cases ; in other
words, if we could return to somewhere near the old rule that evidence, no
matter how seized, could be used in court.
Senator Beard: Would you limit that to narcotics or would you want that
to go for bookmaking cases and others?
Mr. Schenck : I think in narcotics w^e have a peculair problem. I think it is
more important to narcotics cases than it is others. It would also be important
to bookmaking or posses.sion of dangerous weapons, things of a similar nature,
but it wouldn't apply too much to crimes such as burglary, robbery. That is
important to enforcement in those fields.
1'^ San Diego hearing — December 13, 195 8.
38 INTERIM COMMITTEE REPORT OX NARCOTICS
Senator Beard : In other words, the Cahan Decision and others have been
causing considerable problems to law enforcement V
Mr. Schenck : Yes, sir. I believe that we have suffered a drop in our conviction
rate since the Cahan Decision. * * * When we lose a case now, it is almost
always due to a technical point of law rather than acquittal by jury.
Much of the testimony offered at the Senate hearings referred to
the Michigan state law -which was enacted in 1952 following an unsuc-
cessful experience with the exclusionary rule in that state.
Following is the substance of the provisions of the Michigan law:
MICHIGAN SIXTY-SIXTH LEGISLATURE
REGULAR SESSION OF 1952
Senate Joint Resolution F
Article II
1 Sec. 10. The person, houses, papers and possessions of
2 every person shall be secure from unreasonable searches and
3 seizures. No warrant to search any place or to seize any person
4 or things shall issure without describing them, nor without
5 probable cause, supported by oath or affirmation ; provided,
6 however, That the provisions of this section shall not be con-
7 strued to bar from evidence in any court of criminal jurisdic-
8 tion, or in any criminal proceeding held before any magistrate
9 or justice of the peace, any narcotic drug or drugs, as well as
10 any firearm, rifle, pistol, revolver, automatic pistol, machine
11 gun, bomb shell, explosive, blackjack, slingshot, billy, metallic
12 knuckles, gas ejecting device, or any other dangerous weapon
13 or thing, seized by any peace officer outside the curtilage of any
14 dwelling house in this state.
As a result of such a preponderance of evidence pointing to the need
for a revision of the existing Search and Seizure Law, Senator William
Beard, Chairman of the Senate Interim Committee on Narcotics, intro-
INTERIM COMMITTEE REPORT ON NARCOTICS 39
duced the following bill in the 1959 General Session of the California
Legislature :
SENATE BILL No. 1138
Introduced by Senator Beard
April 6, 1959
REFERRED TO COMMITTEE ON JUDICIARY
A71 act to add Section 11690 to the Health and Safety Code,
and to repeal Section 11689 of said code as added Tyy Senate
Bill No. 728 of the 1959 Regular Session, relating to nar-
cotics as evidence.
The people of the State of California do enact as follows:
1 Section 1. Section 11690 is added to the Health and
2 Safety Code, to read:
3 11690. In any criminal action or other proceeding com-
4 meneed to enforce the provisions of this division, narcotics
5 shall not be excluded from evidence because obtained by un-
6 reasonable search and seizure, if so obtained outside the curti-
7 lage of a dwelling house, apartment, or other place of perma-
8 nent or temporary abode.
9 Sec. 2. On the effective date of this act, Section 11689 of
10 the Health and Safety Code, as added by Senate Bill No. 728
11 of the 1959 Regular Session, is repealed.
LEGISLATIVE COUNSEL'S DIGEST
S. B. 1138 as introduced, Beard (Jud.). Evidence in narcotic cases.
Adds Sec. 11690, H. & S. C. ; repeals Sec. 11689, H. & S. C, as added by S. B.
728 1959 Re"'. Sess.
Provides that in anv criminal action or other proceeding commenced to enforce
the provisions of Div. 10. H. & S. C. (relating to narcotics), narcotics shall not be
excluded from evidence because obtained by unreasonable search and seizure, if so
obtained outside the curtilage of a dwelling house, apartment, or other place of
permanent or temporarv abode.
Provides that on effective date of bill, Sec. 11689, H. & S. C., as added by S. B.
728, is repealed.
40 IXTERIM COMMITTEE REPORT ON NARCOTICS
AMENDED IN SENATE JUNE 4, 1959
AMENDED IN SENATE JUNE 3, 1959
AMENDED IN SENATE MAY 25, 1959
SENATE BILL No. 1138
Introduced by Senator Beard
April 6, 1959
REFERRED TO COMMITTEE ON JUDICIARY
An act to add Sectio7i 11690 to the Health and Safety Code,
tm4 ^ repeal Section 116S9 ^ ^m4 code its added hy- Senate
3itt ±^ 7S8 ^ ihe 1959 Regular Session, relating to evidence
of narcotic offenses.
The People of the State of California do enact as follows:
1 Section 1. Section 11690 is added to the Health and
2 Safety Code, to read :
3 11690. In any criminal action or other proceeding com-
4 menced to enforce the provisions of this division, narcotics and
5 evidence of narcotic oifenses shall not be exclnded from evi-
6 dence becanse obtained bj' nnreasonable search and seizure, if
7 so obtained outside the curtilage of a dwelling house, apart-
8 ment, or other place of permanent or temporary abode.
Section G
SEARCH AND SEIZURE OF NARCOTICS SECRETED
IN BODY CAVITIES
The human body with its many orifiees is a natural hiding place for
narcotics. The fear of being caught and imprisoned without a "fix"
has often been the reason that many narcotic addicts secrete sufficient
amounts of heroin (or other illicit drugs) in certain portions of their
body for use when needed.
Witnesses appearing before the Senate Narcotics Committee enumer-
ated various cases in which narcotic addicts attempted to smuggle
illicit drugs into jail. The majority of such smuggling attempts were
usually discovered at the time of the routine medical examination.
However, since the recent decisions of the Cahan case ^^ and the Bochin
case ^^ many doctors will not search the body cavities for narcotics.
Mr. Robert Burns, Chief Deputy of the Criminal Division, City At-
torney's Office of Los Angeles, elaborated upon this problem : ^o
After the Cahan case, Dr. Sebastian, the head of Los Angeles Receiving
Hospital, wrote an order to all doctors not to enter the body cavity to search
for narcotics. * * * Consequently, we can't get anybody to search tlie body for
narcotics. * * * Because of the nature of narcotics, it may be stashed in very
small quantities, and it is taken into jails. * * * Certainly we haven't advocated
that any policeman or policewoman do the searching. Occasionally we find a
doctor, under certain circumstances, to go ahead and make the search.
In order to remedy the existing conditions, Mr. Burns recommended
that the Health and Safety Code be amended as follows :
Any duly licensed physician and surgeon, doctor of medicine or doctor of
osteopathy, may enter and search any body cavity of any human being for
the purpose of recovering narcotics or other contraband articles, when requested
so to do by any peace officer, or the keeper of any jail or state penitentiary or
prison. There shall be no civil liability on the part of and no cause of action
shall arise against any such duly licensed practitioner, acting without malice
and in accordance with recognized professional methods, for any such action
as herein provided. Nor shall any peace officer, or the keeper of any state
jail, penitentiary or prison, incur any civil liability for ordering such search,
entry, or examination where he had reasonable cause to believe that the person
to be searched possessed any narcotic or other contraband article or had
violated any narcotic law.
Mr. Phillip Grey, of the Los Angeles City Attorney's Office, pre-
sented the following view of the law on the subject of illegal search
and seizure cases relating to the human body : ^^
Prior to 1952, the role in California was that evidence, if material and
relevant, regardless of how obtained, was admissible in a criminal proceeding.
Since 1952, the famous Rochin case decision of the United States Supreme Court
held that where evidence is obtained in a manner which offends the sense of
justice or is brutal, such evidence may no longer be admitted in a criminal pro-
ceeding.
18 Cahan case : People v. Cahan, 44 Cal. 2d 434.
^^ Rochin case: Rochin v. California, 347 U. S. 128.
"° San Francisco hearing — August 19, 1957.
21 Los Angeles hearing — September 16, 1957.
(41)
42 INTERIM CO:\niITTEE REPORT OX NARCOTICS
Mr. Grey related the following facts concerning the Rochin case :
Deputy sheriffs had suspected a particular person was dealing in narcotics.
They forced their way into the homo, noticed that the defendant apparently
took something and put it into his mouth. They forcibly attempted to eject
whatever he had placed in his mouth without having any success in forcing
any material to be removed. They then took him into a receiving hospital. The
records show that they forcibly ejected what he had swallowed, which turned
out to be narcotics. The narcotics were introduced into the court proceeding.
At that time the court held it was admissible. On an appeal to the United
States Supreme Court, the case was reversed and the court made that state-
ment that where evidence is obtained in a brutal and shocking manner it
offends the sense of decency and, therefore, is no longer admissible in state
courts.
The difficulty in obtaining evidence and presenting it at court now
created new problems for law enforcement. In California, much con-
cern was given to the results of the Rochin decision and its subsec^uent
effect upon similar cases.
Mr. Grey continued his testimony by reading to the committee high-
lights and decisions of subsequent California cases which show a trend
of the first decision, interpretation or relaxation of the search and
seizure laws :
Case I
In 1953 the California Supreme Court had occasion to pass upon the admis-
sibility of certain evidence secured in a case charging a woman with having
driven a motor vehicle in violation of Section 501 of the Vehicle Code, while
under the influence of intoxicating liquors. It seems in that case there was an
accident. The woman was unconscious. A doctor at the hospital extracted
blood to be used for the purpose of determining whether or not she was of a
particular blood type, whether or not a blood transfusion was to be used, and
at the same time gave some of this blood to the police department.
Technicians analyzed the blood and found that the suspect was highly intoxi-
cated. That evidence was introduced in the criminal prosecution. Both the dis-
trict courts and the State Supreme Court held that the blood was extracted
in a medically approved manner and, therefore, did not fall within the rule laid
down by the United States Supreme Court in the Rochin case. There was
nothing offensive to the sense of justice, nor was there any showing of any
force or brutal use of force in obtaining this particular evidence.
Case II
In 1954 another case came to the attention of the District Court of Appeal.
It was a bookmaking case. The officers noticed that this suspect put something
in his mouth. They ran up to him. One officer related that he grabbed him
around the neck and told him to spit out what he had placed in his mouth.
He did that, and this evidence that was so obtained was admitted in the
trial court. On review, the District Court of Appeal held that there was no
showing that there was any brutal use of force, that the duties of the police
officers are to obtain evidence in order to substantiate the charge. So that
was another example where the court repeats that the Rochin case, or the role
of the Rochin case, was strictly limited to that particular set of facts, where
force or extreme force was used.
Case III
Again, in 1954, a similar case. Officers suspecting a suspect grabbed him
around the neck. They choked him, attempted to have him spit out what he
had swallowed. In that case there was wrestling. It resulted in wrestling to
the ground. AVell the district court in that case said that this case closely
resembled the facts of the Rochin case and they reversed the judgment there,
going to the degree of force that was used.
INTERIM COMMITTEE REPORT ON NARCOTICS 43
Case IV 22
In 1956 — I think this was in San DioRO — the oflicors apprehended a de-
fendant who had come across the horder. He was under the influence of nar-
cotics at that time. They tooli iiim to the police station and they found out
that he had taken a shot of heroin south of the border. Tiie officer asked him
if lie had any narcotics secreted on his body, and he said no. The officer advised
him that it was a felony to bring narcotics into jail, that they were Roing to
have to arrest him because of his condition, being under the influence of
narcotics. He said, "No, I haven't."
The officer said, "Well, I don't believe you. I think you have. Would you mind
dropping your trousers and bending over." The officer took a flashlight and
looked into the rectum of the suspect. lie saw some greasy materials or
something that looked abnormal to him. The defendant was booked, taken to
jail, and a physician was called in to examine him as to his being under the
influence of narcotics. The doctor related that he gave him a complete ex-
amination and concluded that he was actually under the influence at that time.
The officer told him that he suspected that this particular person had some
narcotics hidden on his body. They told the defendant they were going to
search his body. They asked the physican to make the search. The doctor then
put on his gloves and in a medically approved manner attempted to extract
this material. On his first examination he said, '"Yes, I do see something there."
The defendant attempted to put his hands behind him. The officers held his
hands so as not to interfere with the doctor's probing of the rectum.
All this was shown in the case, and on appeal the district court said here
the material recovered was taken in a medically approved manner. The doctor
testified there may have been some slight pain, but was of average and no
unusual pain in doing that.
So that court apparently is and has been since that time laying down this
rule, that if the evidence is secured in a medically approved manner there
can be little objection and the rule of the Rochin case did not apply.
Case V 23
In 1956, the Supreme Court of California had occasion to again rule on
the question of obtaining a blood sample from an unconscious person where
consent could not be given, in a five-to-one decision, as I remember. And they
I'eviewed some of the other decisions that had been rendered, and they repeated
tliat same statement, that where the blood is taken in a medically approved
manner it does not offend the sense of decency, nor is the use of force a
violation of the constitutional rights of the defendant.
They mentioned the Haiiser case, which was the one I referred to, of taking
the blood of a 501 case. They repeat that so long as the measures adopted do
not amount to a substantial invasion of the individual's rights, society must
not be prevented from seeking to combat the hazard to the safety of the
public. The extraction of blood for testing purposes is, of course, an ex-
perience which every day many undergo without hardship or ill effect ; that
there are reasonable grounds for the making of the arrest, reason to believe
that there is evidence on the person of a defendant that is material to criminal
prosecution, and that evidence is secured in a medically approved manner, there
is nothing offensive to the constitutional rights of the individual.
Mr. Grey concluded his testimony by elaborating npon a question
asked him by a committee member :
Senator Dolwig : Mr. Grey, do you feel that any further legislation might
be necessary in view of the basis for the decision, namely, that as long as the
evidence is obtained in a medically approved manner that it is not uncon-
stitutional?
Mr. Grey : Legislation would probably be a great aid to clarify the court
decision. It would help the law enforcement officers in knowing they can,
^"'People V. Woods, 139 Cal. App. 2d (p. 515).
'^People V. Duroncelay, 48 A.C., Advanced Cal. (page 689).
44 INTERIM COMMITTEE REPORT ON NARCOTICS
under proper circumstances, secure evidence. It would help the physician,
who is called upon to secure this evidence, to make his position clear. We
think that where the officer has probable cause — in many cases the officer has
a right to search a home, an office building, an automobile.
Kalph Eubank, Deputy City Attorney, City of Los Angeles, agreed
with Mr. Grey in the need for legislation immunizing physicians from
liability in the event of search by them of cavities for heroin or other
narcotics, where the i^hysician has acted at the request of a police
officer who has probable cause to request him to make the search.
Negative views on the idea of the need for legislation immunizing
physicians from liability were expressed in testimony to the Senate
Narcotics Committee by Mr. A. L. Wirin, attorney for the American
Civil Liberties Union. He made the following recommendations to the
committee :
Now I would urge that you do not recommend such legislation. In the first
place, it seems to me such showing as has been made to you thus far is to
the effect that the problem is highly academic. As brought out by one of the
senators, not a single physician has been sued anywhere for any such act.
Moreovei', I want to raise a doubt with you as to whether legislation is
necessary to immunize a physician in the light of the decision in the Woods
case. Now, it seems to me that decision, as virtually conceded by the City
Attorney, as related by the representative of the City Attorney's Office who
testified this morning, is pretty clear and foursquare ; that conduct by a
physician in accordance with a credited practice of search for and discovery
in the rectal cavity of heroin is entirely lawful. I don't see what more the
legislation can say with respect to that than the court said in the Woods
case. It was a decision by a unanimous court, and I looked during the noon
hour to see what happened to it in the Supreme Court of the State.
The Supreme Court denied a hearing, and there wasn't a single justice
in the Supreme Court who voted for granting a hearing. It is a very recent
decision. So that the judges of our courts are not in disagreement with that
at all, so, surely, if that conduct is lawful no physician could be subject
successfully to any suit for damages.
Now, if you had undertaken through legislation to give a kind of broad,
wholesale, uncircumscribed immunity to physicians, assuming their conduct
was offensive, I think you would be going too far. For instance, if you pro-
posed legislation which would immunize even a physician from liability for
conduct identical to or similar to the conduct in the liochin case, namely the
taking of evidence from a person in a hospital, to be sure through a stomach
pump, it seems to me you would be going much too far because in that
case — and there has been no dilution of the essential principle in that case —
the Supreme Court took the view that conduct was extremely offensive to
common decency and was utterly illegal and so shocking as to violate the
basic guarantees of decency implicit in the Fourteenth Amendment, and sug-
gested in the Fourth Amendment.
Detailed and pertinent information concerning the smuggling of
illicit drugs into jail by female prisoners was presented to the Senate
Narcotics Committee by Sergeant Margaret Boyd.-^
Since most of the women who attempt to smuggle narcotics into jail
hide the drugs in various body cavities, a thorough search is necessary
for discovery of such materials.
Sgt. Boj'd described the routine check of a female prisoner suspected
of being a narcotic user :
^Vhen these women come into our custody, first we book them (the usual
bookkeeping type of procedure) and we process them. * * * This processing
includes a thorough type of search. First af all, we ask her to go to an ad-
2* Sergeant Boyd is the women's supervisor at the main jail of the Los Angeles Police
Department.
INTERIM COMMITTKE REPORT ON NARCOTICS 45
jacent room so that she will not ho embarrassed in the presence of other
officers. There are always two policewomen present. We ask her to remove
her clothing item by item. She hands the clothing to us. AVe search it. She
is given back her brassiere and underwear, if the brassiere is not heavily
padded, and she is issued jail clothing.* * * We search under the arms,
under the breasts and in other body cavities.
Sgt. Boj^l gave the following general description of female prisoners
addicted to narcotics:
(1) Women who are sentenced in court and know they are going to jail
are very disturbed and upset because they know they are going to be cut
off from their source of narcotics.
(2) These prisoners realize that without their source of narcotics, withdrawal
symptoms will set in ; and they will go through — as they term it — "hell." (When
they come into jail they are given no medication.)
(3) Most of these women are very ingenious and they will resort to any
device to keep their supply. They have an entirely different set of values.
Sgt. Boyd continued her testimony by describing the procedures
involved when it is thought a woman has something secreted in one
of her body cavities :
First of all we go to the jail physician and ask if he will conduct a
search. If he says yes, fine. There is always a policewoman present. There is
always a nurse present. The prisoners are very willing to submit to the search.
They will bluff right up to the last minute. They will say "I have nothing.
What do you think, I am crazy? I know it is against the law to bring
contraband in the jail." And when narcotics are found she becomes sullen or
indifferent, and offers no explanation.
If the jail physician will not conduct the search — and he is guided by the
directives from his superiors — we take the woman to a receiving hospital
branch and one of the receiving hospital doctors will usually conduct the
search, and the item may be removed.
Now then, as to what happens to the item. Some of the doctors will say,
"We have found a foreign body," and they will destroy it. Some of them will give
it to us and permit us to book it as evidence and charge the person with
bringing contraband into the jail. Others will tell us what the item is but
will destroy it saying that it cannot be used as evidence and, therefore, they
wish to destroy it. * * * The doctors make this determination and since
they are familiar with legislation they know (at least they think they know
where they stand) and they don't want to have any difficulty with the law.
We see their problem too but we are primarily concerned with the fact of
the danger of bringing these things into the jail.
Sgt. Boyd related three actual cases which illustrate the problems
faced by jail authorities when dealing with convicted female addicts.
The Sergeant then completed her testimony -^ by recommending
that legislation be spelled out so that any known narcotic addict who
entered a jail could be searched in a medically approved manner.
Under this type of legislation, probable cause would not have to be
established.
In addition to smuggling narcotics into jail via body cavities, many
addicts hide the illicit drugs on various parts of their body or clothing.
It has not been unusual to find heroin concealed in the bands of hats,
between the soles of shoes, in the lining of trousers and skirts, and be-
tween layers of starchy padding in blouses.
Some addicts sprinkle heroin in a powdered substance through their
hair which they later plan to comb out and use for sniffing. Other
areas used to hide heroin are under the toenails and inside open cavities
in the teeth.
=^ Los Angeles hearing — September 16, 1957.
Section H
DISCLOSURE OF INFORMANT
Another current problem confronting law enforcement officials, es-
pecially those engaged in narcotics enforcement, is the law requiring
disclosure of the informant in the courts.
District Attorney Frank Coakley testified ^'^ before the Senate Nar-
cotics Committee stressing that the trend toward pretrial and trial
disclosure procedures are severely weakening law enforcement:
A police department has to depend in many cases, and especially in narcotic
cases, on information received from people. * * * if as a result of the trend
in these discovery procedures before trial and during the trial, informants are
going to be turned up and their identity made known to defendants and defense
counsel, it is going to dry up sources of information.
Following is a section of the transcript in which Mr. Coakley
answers committee member questions concerning the effects of identify-
ing the informants:
Senator Beard : Mr. Coakley, do you feel, as far as the narcotic law enforce-
ment is concerned, that there is a much greater use of informants than in
any other field of law enforcement?
Mr. Coakley : Yes, I think so.
Senator Beard : Now, would you suggest that the barrier be broken down
on discovery proceedings as to all crimes, or primarily to capital crimes or
narcotic crimes?
Mr. Coakley : Well, frankly, I think that the breaking of the barriers,
which should be in a confidential category, in the category of confidential in-
formation and privileged, breaking them down in any respect so far as law
enforcement is concerned, is an unhealthy thing. It is certainly more unhealthy
as far as narcotics is concerned.
Senator Dolwig : Mr. Coakley, are you talking about the recent Supreme
Court decision?"
Mr. Coakley: Well, the Jencks case, the Riser case in this State, the Powell
case in this State, the Beriolncci case in this State — that line of cases, yes.^'
Senator Beard : Well, to follow that up, Senator Dolwig, would it require
a Constitutional Amendment as far as the State of California is concerned,
or do you feel that an act of the Legislature can circumvent the Jencks case
ruling ?
Mr. Coakley : I personally don't see anything in either the Federal or State
Constitutions which makes it necessary to disclose, so to speak, police reports
and witnesses' statements, and that sort of thing, and turn them over to
defense counsel. And I think these decisions are judicial legislation which the
Legislature could take care of as they saw fit.
The legislation that Mr. Coakley advocated as a remedial measure
for the current problem and applicable to all offenses was the follow-
ing:
"A legislature could by law state that if public interest would suffer
by disclosure of the identity of an informant or other information
obtained by the police, (which the police are not using in the trial of
a case), that it should not be available; it should be in a privileged
category and not available to defense counsel."
2« San Francisco hearing — August 19, 1957.
=" Citations:
People V. Riser, 47 Cal. 2d 566, 585-586.
Powell V. Superior Court, 48 Cal. 2d 704.
(46)
INTERIM COMIMITTEE REPORT ON NARCOTICS 47
Robert Burns, Chief Deputy of the Criminal Division in the City-
Attorney's Office of Los Angeles, also criticized the growing use of
this bill of discovery and stressed the negative effects that continuation
of its use v/ill have upon law enforcement :
His testimony :
If we turn over to the defense the names of informers, especially in narcotic
cases, we will soon have no informers, either hecause they are dead or because
of a lack of willingness on the part of these people to run the risks that are
entailed. And the same thing holds true for the general public if they feel they
are going to be harassed by the defendant or his friends, they will soon say,
as they do in many cases now, "No, thanks, I didn't see anything and I don't
want to be a witness."
Mr. Burns recommended that 1881.5 of the Civil Code of Procedure
be amended. It now provides that ''A public officer cannot be examined
as to communications made to him in official confidence, when the
public interest would suffer by the disclosure."
We would add, "or to reveal the identity of any person who furnished
information to any public oflBcer regarding the sale, use or possession of any
narcotic."
And I would add, "or the commission of any crime."
Regarding the proposed amendment, Mr. Burns was asked the follow-
ing questions :
Senator Dolwig : With this suggested amendment here, when you use an
informant as a witness at a trial, do you still feel that you should then
reveal his identity?
Mr. Burns : Oh, yes, if he takes part in the transaction or if he is a witness
in the trial, he must be identified the same as any other witness.
Senator Dolwig : Would your suggested amendment take care of that sit-
uation?
Mr. Burns : Yes. He becomes more than an informant then, he becomes an
eye witness.
Senator Dolwig : But don't you think you would run into some problem
with the courts on your suggested amendment as long as you are in agreement
with that distinction?
Mr. Burns : That would go again somewhat to our discussion of addicts.
He may be an addict, he may be an informant. If he is more than an informant,
he doesn't receive the protection of this.
Other privileged testimony can be found in Section 1881 of the
Civil Code of Procedure relating to newspaper men. It reads :
Newspaper men are not required to give the source of their injormafion.
San Francisco District Attorney Thomas Lynch stated that he felt
that the name of the informer should not be revealed unless he became
a witness for the prosecution. He also urged protection for informants.
Harold Robinson, Deputy Director, Department of Justice, reviewed
certain facts concerning the legal problems involved in the use of
informants :
Where you must reveal the name of a confidential informant, it almost
precludes the possibility of making a possession case.
Under present California law an informant who deals directly with
the suspect must use a police undercover agent to obtain sufficient
evidence in order that his identity will not be disclosed and his useful-
ness impaired. Law enforcement must stage an additional "buy"
using an undercover agent previously introduced to the seller by an
informant in order to protect the informant's identity and continued
48 INTERIM COMMITTEE REPORT ON NARCOTICS
usefulness. This according to law enforcement testimony entails addi-
tional expenses * * * The foregoing is best illustrated by Mr. Rob-
inson's testimony : -^
Mr. Robinson :
In the case of buys where you set up a sale, it is not only necessary to
make the first buy, but you must set up the second buy, to take your confiden-
tial informant out. * * * In other words, have your confidential informant
set your man in, and a second buy is negotiated, which again adds up to
more money.
Revealing the identity of the informant in the courts is another
problem that the law enforcement officer is confronted with, empha-
sized Chief Creighton at the San Francisco hearing :
Sources of information, and layman assistance which is of great importance,
are fast fading out from the picture.
Mr. Creighton recommended certain legislation to alleviate the exist-
ing situation. His recommendations followed those of other law enforce-
ment officers.
Inspector Matthew O'Connor, of the State Bureau of Narcotic En-
forcement, stressed the following facts:
The informant (be it a regular operator or an enforcement agency, or the
casual informant reporting on some family narcotic condition) expects that the
information given to the agency be considered confidential and not to be made
known to the public.
"In the field of narcotic enforcement the undercover agent stands
practically alone and has to depend upon addicts for introduction to
narcotic peddlers," .stated Captain Kenneth Irving of the Los Angeles
County Sheriff's Narcotics Detail.
Captain Irving described the effects of the recent Lawrence de-
cision -^ as
A body blow to narcotic enforcement people. * * * Tt has seriously limited
the degree to which we can work against the peddler. Now people involved in
narcotic traffic do not come to us. * * * "We do not now have the so-called
friendly witness.
Mrs. Leona Neff of the Los Angeles Grand Jury also criticized the
effects of the Lawrence decision :
When an informer is produced in court, he becomes known to trafiickers in
narcotics, and his life is worth nothing at all.
District Attorney John Keller of San Diego County stated : ^°
I am in favor of the present attitude in the trend of the court decisions which
requires the name of an informant be revealed when that informant takes an
active part in the investigation for the development of evidence. I feel that is
only fair and reasonable, but I don't feel that the name of the informant should
be divulged when it is merely to establish probable cause for the arrest.
28 San Francisco hearing — August 19, 1957.
^Lawrence decision: Designates that the informer must be produced in court. People
v. Lawrence, 149 Cal. App. 2d 435.
30 San Diego hearing— December 13, 1958.
Section I
PROSECUTION IN COUNTY IN WHICH ARRESTED
Another subject discussed at the Senate Narcotic Investijiations was
the need for revision of the Venue Law.
District Attorney Frank Coaldey recommended amending Section
11721 of the Welfare and Institutions Code to permit tlie arrest and
prosecution of any addict or suspected addict in any county in which
he is found.
Mr. Albert Hederman supported ^^ tlie ideas expressed by Mr. Coak-
ley concerning the venue law. He stated that users readily admit the
unlawful use of narcotics but usually claim that they took the narcotics
in an area outside the jurisdiction of the particular enforcement agency.
Typical of such situations is the following example :
We have this situation — an addict coming to the attention of the police de-
partment. * * * they observe marks on his arms, they might observe any or
all other symptoms of narcotic addiction on his part ; he indicates to them,
"Yes, I use narcotics. The last pop I had, the last fix I had, Avas four or five
days ago, but I used in Contra Costa" or "I used in San Francisco" * * *
anywhere but in the county where he has been picked up.
Mr. Hederman suggested that the existing law should be strength-
ened on this matter so that a user could be prosecuted in the county in
which he was arrested.
^1 San Francisco hearing — August 19, 1957.
(49)
Section J
STRIKING PRiORS
The California Penal Code provides that the judge at any stage of
the proceedings may disregard or ' ' strike ' ' related prior offenses which
carry a greater penalty for subsequent offenses. This practice has (in
the view of some judges) permitted guilty pleas in those cases in
which a suspect might otherwise request a court or jury trial to escape
the severity of the repeaters more severe penalty.
Striking prior convictions has been a particularly important item in
case involving narcotic addicts since the existing State law provides
stringent penalties for second offenders.
In many counties throughout the State, this law is enforced in the
strictest sense whereas in other counties frequent disregard of it is
found.
Sergeant Joseph Hallisy ^- in testimony before the committee com-
mented that, "judges should use discretion in the consideration of
prior arrests." He felt that mandatory laws on the consideration of
priors might lead to some injustice.
Mr. Howard Chappell, Agent-in-Chief of the Federal Bureau of Nar-
cotics in Los Angeles, testified that many judges often disregard the
law concerning prior convictions rather than impose heavier penalties
for narcotic offenders. He stated :
I would say that 80 to 90 percent of the cases of which I have personal
knowledge in the state courts, the judges are either arbitrarily disregarding
the law, or if there is a loophole in the law, they are then taking that loophole
"in the interest of justice" to keep from imposing a heavy penalty.
Mr. Chappell stressed that in many instances striking prior convic-
tions has resulted in such lenient sentences for addicts as well as dope
peddlers, that the resultant punishment has been ineffective as a de-
terrent to crime. He recommended that the existing statutes be amended
to make it mandatory that a second offender receive not less than 10
years.
*2San Francisco hearing — August 20, 1957.
(50)
Section K
NEED FOR INCREASED PERSONNEL IN LAW
ENFORCEMENT AGENCIES
A definite need for additional personnel to handle narcotic problems
exists in law enforcement agencies tliroughout California.
At the San Francisco Hearing of the Senate Committee, Alameda
County District Attorney J. Frank Coaldey testified:
Every police department that I know of nowadays is undermanned ; oven
in my office I feel we could use more help. The recruitment is a problem for
police officers because the salaries in other pursuits are more than the salaries
in the police department. * * * if you have more manpower you are going to
do a better job.
At this same committee hearing Mr. Benjamin Swig cited that San
Francisco has over 200 men in their Traffic Department and Accident
Prevention Department but not a sufficient number in the Narcotics
Department. He said :
In my opinion, there are more lives taken directly or indirectly through the
illegal use of narcotics than there are in automobile accidents, and if a city
can afford to have 200 men trying to save lives through accidents, they can
have more men in trying to save lives through the illegal sale of narcotics.
San Francisco District Attorney Thomas Lynch made the following
comment concerning money spent for narcotic enforcement :
We spend a lot of money on diseases of maple trees, cattle, and corn borers,
and things like that, and this problem is much more important.
Mrs. Leona Neff presented the following testimony at the Los Angeles
hearing of the committee :
We have found upon examination of the various law enforcement agencies,
and representatives in the narcotic field from the Federal Government, that in
almost every instance the number of people attached to the narcotic division is
insufficient to take care of the great demand, and also the amount of money
which has to be expended in order to meet these demands.
At the San Francisco hearing, Alameda County District Attorney
Coakley emphasized the need of a law regarding a Workmen's Compen-
sation for police officers who have been loaned from one police depart-
ment to another city or county department. He said :
There are certain problems which can arise if one police department lends
police personnel to another department in another city or another county. * * *
We of Oakland have loaned experienced undercover police personnel to Stockton
and it has been found to be very helpful and effective, but it does pose a problem
from the standpoint of Workmen's Compensation. If. for instance, an under-
cover, that is, a young policeman recruit who is doing undercover work in
Oakland is loaned to, say, San Francisco, and he gets hurt over here, or he
gets killed in action, whether or not his family could get a Workmen's Compen-
sation award from the Industrial Accident Commission; if he is only injured,
whether he could get compensated for that. * * * I think legislation to make
enforcement agencies of one police department or sheriff's office lend police
personnel to another department in another city and take care of the problems
on Workmen's Compensation, would be a constructive thing and would help out,
because good undercover agents are very hard to find. A young police recruit's
usefulness is soon expended. After maybe 20 or 25 arrests, he is pretty well
burned out. Then you have to get another one. But if you could exchange
personnel that way, particularly men with experience in the narcotic enforce-
ment field, between the departments of law enforcement agencies, it would be
helpful.
(51)
Section L
DIFFERENTIATION OF PUNISHMENT FOR ADDICTS
AND PEDDLERS
Another problem discussed at Senate hearings was the feasibility of
enforcing various degrees of punishment for narcotic offenders depend-
ing upon their status as a "user" or "seller."
Department of Corrections Director Kichard McGee stated that he
felt that, the criminal who is an addict should not necessarily receive
more lenient treatment from the courts than a criminal who is a non-
addict. From the standpoint of protection to the community, the addict
who engages in criminal conduct is a much harder person to rehabili-
tate than the medically addicted who first was inadvertently introduced
to drugs.
Dr. Karl Bowman testified that there is need to differentiate between
the criminals who are selling the narcotics and the addicts. He said :
I have no sympathy or anything good to say about the peddlers. My big criti-
cism of our present law and present law enforcement is that we never get the
big peddlers. All we get are the little boys going around or some poor addict
who is peddling a little bit to try to get more money to buy his own drugs
•with.
Dr. Bowman also advocated approaching the drug problem in a dif-
ferent way such as the English ^^ system or some modification of that.
Captain Kenneth Irving stated that law enforcement officers often
have a feeling of pity for the addict but that we must realize that the
addict put himself into this position.
The addict creates the situation for himself when he chooses the wrong type
of people to associate with, and through them is introduced to narcotics. He is
also a peddler from time to time.
Captain Irving also mentioned that since the field of illegal narcotics
is primarily a business enterprise the market will exist "as long as there
is a demand and a profit for the supply of illegal drugs. ' '
Wlien an addict gets a surplus supph' of narcotics, "he Avill often
sell part of it to another addict" testified Blr. Howard Chappell at the
Los Angeles hearing. Such a transaction should not be placed in the
same category as the big business deals of large peddlers. The addict is
merely attempting to obtain funds to insure liis future needs.
Captain Madden classified ' ' any addict as a potential peddler. ' ' How-
ever, he did recommend that unless there is actual proof that an addict
sold narcotics, he should be given a lighter sentence than an actual
"seller."
Mr. Robert Burns recommended that a distinction be made concern-
ing first and second offenses for addicts but not for peddlers (whether
the pushers are addicts or not) .
^ English system : primarily concerned with doctors having- more leeway in prescrib-
ing drugs for medically addicted use. According to information received by the
Senate committee there are no clinics that give away, or sell at cost, narcotics
to addicts.
(52)
INTERIM COMMITTEE REPORT ON NARCOTICS 53
FIGURE 9. Implements and Paraphernalia Taken in Narcotics Seizure. Photograph
shows typical items including measuring spoons, knife (used to level heroin), milk
sugar (used to cut heroin), bindles (ordinary paper in which the finished form of
heroin is packaged), and scotch tape (used to secure bindles.) (Picture courtesy of Lt.
R. Kennedy, Los Angeles Police Dept.)
He went on to show the difference between the addict and the pusher
from the aspect of law enforcement :
(1) Addicts are guilty of misdemeanors; usually prosecuted by the
city attorney. Minimum sentence for addicts is 90 days.
(2) Pushers are guilty of felonies and are prosecuted by the district
attorney.^^
Foreman of the San Francisco Grand Jury Benjamin Swig main-
tained that there should be a distinction made between the addict and
the pusher. He stated that a person can have sympathy for the addict
but cannot forgive the pusher. ' ' The pusher should get the limit but we
should try to help the addict. ' '
Dr. Victor Vogel gave the following opinion on the addicted peddler
as contrasted with the nonaddicted peddler : ^^
As far as the nonaddicted peddler is concerned, I have no feeling of mercy
for them. However, I do want to sound a note of warnin,u: al)Out making severe
sentences mandatory for all those technically called traffickers in narcotics, be-
cause I am afraid that the rehabilitation of some individuals might be pre-
vented by the application of severe mandatory laws, without any discretion on
the part of the judge. * * *
There should be a distinction between the addict who is struggling to get
the money for his drug (he needs it to keep from getting ill) and the peddler
who is trying to make some money. The little fellow who is selling drugs to
get money for his habit may be thrown into jail for a long period of time
without the proper treatment. Nothing is solved that way, so I don't think we
should be in too big a hurry to change the law on this narcotic act and to make
the seller appear to be the worst crime of all and put them away for 10 or 20
years without possibility rehabilitation.
31 California Code provides a penalty of five years to life Imprisonment for first of-
fenders. (Health and Safety Code, Section 11500, Section 11713, and Section
11714.)
*5 Los Angeles hearing — September 17, 1958.
3— L-lOO
Section M
IDEAS ON STRICTER LAWS AND MORE SEVERE
PENALTIES
Testimony of some witnesses at the Senate Narcotics Committee
hearings purported that the most effective way to abate the present
narcotic problem was to enforce stricter laws and increase punishment
for narcotic offenders.^*^
At the San Francisco Hearing ^' Mr. Walter Creighton classified the
narcotic problem as a strictly criminal one and strongly opposed the
idea of treating it as a medical problem. He said :
I don't believe any program should be set up where we would condone the
violation of the law, particularly with reference to narcotic addicts. I feel that
a narcotic addict should be taken out of circulation permanently. * * * They
are just repeats, and I see no purpose being served by allowing them to return
to society. They are only creating a new addict in other individuals. * * * I
have never seen one heroin addict that was ever cured, and I have been in this
business for 25 years and in the druggist business prior to that.
District Attorney Frank Coakley stressed the need for more severe
penalties for peddlers who sell to the youth in California. He said :
I know there was some talk by certain people of trying to get the death
penalty for those peddlers who sell or furnish narcotics to a minor. It was felt
(it was more or less unanimous) that that wouldn't be effective, since it might
cause juries to back away from it. * * * I am open-minded on the subject. If
you make it an alternative penalty, life or death, which is good, it might be all
right. But when you get a peddler, who is really in the traffic commercially,
and has an organized syndicated operation (where he has pushers and is push-
ing it to kids) nothing is too bad for him.
Dr. Karl Bowman testifying at the Sacramento hearing ^^ stressed
that he went along with the severe limits that we have at the present
time, even to the death penalty for two sales to minors, which is the
present federal law. He said :
I think there is one point that needs to be brought out, the difference between
the organized criminals who are selling these narcotics aud the addicts, and
they all sort of end up being treated alike.
Along the line of increased penalties, Mr. Benjamin Swig stated ^^
that the first offense should possibly show some leniency to the offender.
But for second offenders, he thought they should have "the book thrown
at them." He suggested that second offenders had had one chance and
had been warned and that, if on a second offense, they were sent away
for life, it wouldn 't be too long.
The Elks Lodge of California circulated petitions to the citizens of
the State of California in 1958, and acquired more than a million sig-
natures. The purpose of these petitions Avas to increase the penalty for
those convicted of selling narcotics. Leaders and members of this lodge
plus other citizens felt that a mandatory sentence for these narcotic
offenders was necessary in order to protect the people of the State.
38 For the opposite view see Chapter III, Section B, "Criminal vs. Medical Problem."
(Page 58.)
^^ San Francisco hearing — August 20, 1957.
38 Held November 13, 1958.
2" San Fra.ncis<"o hearing — August 19, 1957.
(54)
CHAPTER III
SYNOPSIS OF TESTIMONY RELATING TO
THE MEDICAL APPROACH
CHAPTER III
SYNOPSIS OF TESTIMONY RELATING TO THE
MEDICAL APPROACH
Section A — The Medical Approach
Section B — Emphasis Upon Narcotic Addiction as a Medical Rather
Than a Criminal Problem
Section C — The Approach Legalizing Drug Distribution
Section D — The Hospital Approach
Section E — The Modified Hospital Approach
(56)
Section A
THE MEDICAL APPROACH
In recent years there has been a growing trend toward the idea of
treating the problem of narcotic addiction as basically a medical rather
than a criminal problem.^
The Senate Narcotics Committee heard testimony from several out-
standing doctors, lawyers, psychiatrists, religious leaders, law enforce-
ment officials, and community leaders who presented facts to substan-
tiate the need for additional legislation supporting a medical approach
to the addiction problem in California.
1 For discussion of the criminal approacti, see Chapter II, Section L (page 52). It
is important to note that in most instances the ideas concerning a medical
approach are concentrated upon the narcotic addicts; whereas the criminal ap-
proach primarily bases its theories upon penalties for narcotic peddlers. [In
actual practice the criminal penalties are applied to the addicts because thev
must sell or steal to support their habit, while the nonaddicted wholesaler is not
to be found in the State's prisons.]
(57)
Section B
EMPHASIS UPON NARCOTIC ADDICTION AS A MEDICAL
RATHER THAN A LEGAL PROBLEM
Judge Stanley Mosk of the Los Angeles Superior Court (now Attor-
ney General) testified at the September 16, 1957, hearing held in Los
Angeles. He emphasized the difficulties faced by a judge in finding a
solution to the problem of what to do with a convicted addict.
Straight probation is not the answer and a jail sentence does not reach the
fundamental problem that renders future addiction probable. * * * Even though
you put the user in custody for 90 days, six months, a year, two years, five
years — that doesn't get at the basic problem that has made him an addict. This
is a medical problem, substantially.
Dr. Karl Bowman paralleled the problem of narcotic addiction and
the problem of alcoholism. He emphasized that the narcotic problem
is primarily one to be handled from the medical standpoint. Following
is an excerpt from his testimony : -
I think narcotic addiction, just like alcohol addiction, should not be put as a
moral issue, as something to be treated punitively. Now I think we have gradu-
ally educated people to think of alcoholism as a disease and the alcoholic as a
sick person, that this is a medical problem. We were able to get this Legislature
to agree to that to put money in for the treatment of alcoholics and for study
and research on it, and I think this is very excellent. * * * j think .something
of the same sort might well be done for the narcotic problem and that we
should try to approach narcotics, not with this horrible punitive attitude that
we have now — the idea that anybody who takes narcotics is a hopeless degen-
erated no-good person who never has and never will accomplish anything. I
would just point out that probably the greatest figure in American surgery,
Doctor Hallstead of Johns Hopkins, was a drug addict and had to take a year off
to get treatment for it ; continued on and was the great, in a sense, founder
of modern surgery in this country.
There is a tremendous high percentage of doctors who are addicts, infinitely
more than there are proportionately in any other group. There is a much higher
percentage of cures from treatment of them also. I have seen a number of
those doctors. We have had them referred to us at Langley-Porter Clinic, and
I have appeared at the Board of Medical Examiners when there was a question
of them losing their license. Here is a false idea, this universal idea that any-
body who uses drugs is a hopeless, degenerate person. This isn't true.
Dr. Doroth}' Zietz, Associate Professor of Social Welfare, Sacramento
State College, stated :
In terms of the law enforcement aspects, I have a great deal of difficulty in
seeing how convictions of narcotic addicts can cure symptoms and illness. * * *
I think this is the dilemma that we find ourselves in. In one area, it is sickness,
and this means treatment. In the other area, it is crime and it means incar-
ceration.
Dr. Louis Bloch, an economist, testified at the San Francisco hearing :
It is my considered judgment that we ought to deal with an addict on an
entirely new basis. We ought to look upon the addict as a man or a woman
who is unfortunate, who has contracted an illness or sickness and must be
cured. * * * If we would send the addict to an institution not as a criminal
but as a sick individual where he could receive the necessary psychiatric care
under the direction of doctors : in such an institution or treatment center he
could receive narcotics (small dosages that would prevent him from going into
the underworld) there diminishing the traflic in narcotics.
'Sacramento hearing — November 13, 1958.
(58)
Section C
THE APPROACH LEGALIZING DRUG DISTRIBUTION
One of the proposed solutions offered to the Senate committee con-
cerning the narcotic problem was the idea of legalizing drug dis-
tribution. Under this system the addict is provided, under con-
trolled prescription, enough of the narcotic drug to keep him from
going into withdrawal. This dosage is either given away or sold at cost
by the State. The theory behind the clinic plan is that it would take
the profit out of narcotics, thus eliminating the traffic in narcotics so
profitable to the underworld. Under this system, the addict is either
kept in confinement or is left to live in society, reporting to the clinic
only when he needs relief.
To the persons who advocate this plan it does not make sense to
call the addict a criminal any more than it makes sense to call the
person who becomes mentally ill a criminal. They feel that with the
establishment of these clinics the number of addicts would be reduced
and the traffic in illegal drugs would disappear.
Reverend Steven Fritchman of the First Unitarian Church of Los
Angeles, speaking for the Council of Liberal Ministers, Unitarian-Uni-
versalist Ethical Society of Southern California-Arizona, recommended
serious consideration of the British plan concerning care and cure
for narcotic addicts. He said :
It is our opinion that narcotic addiction is a disease whicli calls for medical
understanding; and care. We urge, in addition to more education in schools re-
garding the dangers of narcotic addiction, a serious consideration of the British
plan for care and cure. This plan includes supervised distribution of narcotics
in hospitals and clinics to those voluntarily seeking help.
We, as ministers, who come into contact with the narcotics addict feel that
a less punitive approach is needed, one that assumes a responsibility to help
the victim break with the illegal trader in drugs. The tremendous profits made
in illegal sale of narcotics can be greatly curbed, the traffic reduced and attend-
ant crime diminished by the British plan of directly assisting the user to
gradually break his habit of addiction. We feel intelligent and sympathetic
understanding of the victim of this disease can be given by medical and psy-
chiatric professional workers.
Father Lawrence Farrell, who had served several years as chaplain
at both Soledad and Tehachapi Prisons, told the committee he was in
favor of legalizing narcotics. He felt that this was the quickest way to
remove the profit from illegal drugs. He said that the addicts should
be given treatment but this should be on a voluntary basis because
unless the addict agreed to it, treatment was useless. Father Farrell
stressed that he was in favor of strict penalties for nonaddicted
peddlers.
Dr. Karl Bowman testified that a sj'stem such as the British system,
in which the doctor can decide whether to prescribe narcotics to a
patient if he feels that the case warrants it, could not be adopted im-
mediately to the United States. However, he felt that this would
eventually be the best system to use in dealing with our narcotic prob-
lem. He did not advocate that California do this independently.
(59)
60 INTERIM COMMITTEE REPORT ON NARCOTICS
This belief and the current list of narcotic addicts maintained by
the home office has apparently given rise to yet another misunderstand-
ing about the British narcotic system: that there is a formal registry
of addicts in England ^ and that addicts are provided with some means
of identification which enables them to obtain narcotics at will from
phj'sicians. Neither of these is an actuality. Nor are there any "nar-
cotic clinics" operated in England to which addicts may report for
drugs.
In justice to the British system,^ in view of the many misunder-
standings regarding it, it should be pointed out that: (1) the prescrib-
ing of narcotic drugs in England is carried out with just as many
safeguards and much the same restrictions as in the United States;
(2) every effort is made to uncover addicts just as soon as possible
and to see that those discovered are placed under definitive treatment ;
(3) only in those instances where all treatment efforts have failed, and
then only after consultation are drugs supplied to an addict; (4) the
number of such instances is extremely small, by any criteria, for a
population of some 50 million.
Strong opposition to the clinic plan was expressed by several wit-
nesses who appeared before the Senate committee.
District Attorney of San Diego County John Keller expressed a dim
view of any system that would disburse drugs on an outpatient basis.
He felt that these addicts, if given drugs, would trade whatever they
were given for heroin, and that we would simply be giving them a fac-
tor for bartering. Mr. Keller had no objection to an inpatient treatment
unit.
Mr. 0. J. Hawkins, in testimony at the San Diego hearing, main-
tained that a clinic where addicts are merely given a prescription each
week is undesirable. He felt that if the addicts were confined there
might be some merit to the program.
Sergeant Joseph Hallisy appearing at the San Francisco hearing
warned that we might be inviting disaster by adopting a program that
would make narcotics legal.
When the social stigma is removed from the thing, why, it becomes the thing
to do. We might create a race of addicts by making the thing available under
certain circumstances to our young people.
Another opponent of the clinic approach was Dr. Victor Vogel who
testified :
I am strongly opposed to this, and from my experience with addicts, I think
it would be a mistake, a mistake which I hope California would not make a
second time. I think that the proposal to establish clinics which would give
narcotics to addicts is based on two erroneous assumptions. One is that it is
hopeless to treat addicts ; the other is based on the theory that people are better
off with a narcotic drug than they are without the drug.
Doctor Vogel refuted the ideas expressed by proponents of the clinic
plan who lie said try to picturize "that if a man is given drugs legally
in the clinic, he can go about his usual work and support his family and
the black market will have to die away." Continuing his testimony,
Doctor Vogel stressed that the drug addict is not an effective person
whether he obtains the drug free or through the black market.
3 Page 127, 1957 Report (Part II) Ministry of Health: "Addicts are not registered
as such."
*0n the Site Study of the British Narcotic System (p. 14).
Section D
THE HOSPITAL APPROACH
The Federal Goveriimeut lias two narcotic hospitals, one is located in
Lexington, Kentucky, the other in Fort Worth, Texas. These hospitals
are for drug addicts committed by the federal courts and also for vol-
untary patients on a space available basis.
The hospital at Lexington opened in 1935, was the first of its kind
in the world and unique in the combined program of research and treat-
ment. Approximately 3,000 men and women annually receive treat-
ment here. A staif of 500 medical and hospital personnel is employed.
The hospital is located on 1,250 acres of farm land where the farm,
dairy, and building maintenance, in addition to the furniture factory
and garment shop offer outstanding occupational training opportunities.
Fort Worth Federal Institution,^ constructed in 1938, is smaller than
the hospital at Lexington. It is equipped to accomodate only male
patients. Narcotics addicts from California are taken to this hospital.
The federal hospitals are required by law to give priority to addicts,
prisoners, and probationers who have been convicted of violations of
the federal narcotic laws. These patients are under compulsion and
must be kept for the entire duration of their sentences, unless they can
be transferred to other institutions.
Voluntary admission to the hospitals may be made by persons ad-
dicted to opiates, synthetic analgesics, cocaine, and marijuana. (Pa-
tients who are addicted to alcohol, barbiturates, or bromides are not
eligible for admission to these federal hospitals unless they are also
addicted to morphine, synthetic analgesics, marijuana, or cocaine.) If
the patient is indigent, treatment is available without charge. If the
patient has funds, he is required to pay $5 daily for his treatment.
Addicts entering these institutions voluntarily are asked to remain at
least 135 days before being discharged. However, the hospitals have no
means of holding these persons against their will.^ Currently there is
no federal legislation which permits the federal hospitals to accept and
hold addicts committed under state laws.
The treatment program of the federal hospitals consists of with-
drawal of drugs, study and evaluation of the patient, physical rehabili-
tation, psychotherapy for a selected group, and furnishing of social
assistance prior to discharge.
Accurate results of treatment in federal hospitals are largely un-
known due to the lack of provision for aftercare and the absence of a
foUowup program.
Up to the present time, the great majority of state and local govern-
ments have done very little toward establishing planned programs for
6 For additional details of the Fort Wortli Federal Institution, see Appendix C,
containing a report by committee member, Senator Dlhvorth, who made a tour
of the institution. . , ^^ , ^ ^ ^ * *
« Voluntary patients frequently leave the hospital after only a few days of treatment.
Many enter for the sole purpose of going through the withdrawal period under
humane supervision and to cut down physical dependency. After they are "clean"
they can return to smaller dosages at less cost for the same effect.
(61)
62 rNTEREil COilinTTEE BZPOBT OX XAJBCOTICS
the medical treatment of nareoiie addicts. Recently the City of Xew
York established a hospital on North Brother Island for the treatment
of yonthfid addicts."
At the San Francisco hearing, Mr. Walter Creighton, Chief of the
State Bureau of Narcotics, enumerated upon the treatment given nar-
cotic addicts in California under the program of the Department of
Mental Hygiene :
There are nine hospitals operatinz under the direction of tte Department of
Mental Hygiene where persons addicted to the nse of narcotics may snbmit to
treatment. * * * In fact, if a court order be signed, thev c-an be forced to ac-
cept that treatment. * * * They may not be treated on an outpatient basis.
They are confined in one of the hospitals on a court order through the district
attorney in the county where they reside : and they are confined to the hospital
for a fkeriod of not less than 90 days — they are in for the J'JlMJay period and are
under surreillance for the balance of a two-year i)eriod-
District Attorney Thomas Lynch recommended that there be estab-
lished some kind of a medical institution in California where the casual
addict or the nonvicious addict could have the opportunity for treat-
ment and possible etire.
At the Los Angeles hearing.* Dr. Victor Yogel emphasized the need
for the establishment in California of a hospital entirely devoted to the
treatment and care of narcotic addiction. He stated that such a hospital
should be psychiatrically aiiministered and that psychiatry should set
the atmosphere of treatment in the institution.
Dr. Yogel made the following recommendations coneeming actual
treatment methods:
Treatment is important, not only in hospitals, but in places of incarcera-
tion, and forceful treatment must be provided for a period of four to eight
months. That means that in addition to prisoners, some way or the other
must be found to detain the voluntary addict so that the length of treatment
win be in the hands of the physician and not in the hands of the voluntary
patient. * * *
One of the big difSculties in the administration of the Lexington and Fort
Worth Ht«spitals was that sc-me voluntary patients have been able to demand
their release and to leave the hosr>ital prematurely. From the very nature
of an addict, of course, the addict has always had very i>oor self-control. They
win make him c-omfortable at the hospital. If he doesn't demand his release
during the withdrawal period, he is likely to demand it after two months when
he is feeling over optimistic He feels it is time to go out and feels he can stay
off drugs. We know of the premature decision. We want to be able to hold
them for several more months if there is to be any chance of their staying
off drugs.
!Mrs. Leona Xen speaking on behalf of the Los Angeles Grand Jury
enumerated ui^on the need for a narcotic hospital in California. She
mentioned that the Los Angeles Grand Jury had sent a report to Cali-
fornia representatives in Washington which advocated the establish-
ment of a federal hospital on the West Coast.*
In her testimony, ilrs. XeS emphasized the importance of including
a thorough followup program in the narcotics hospital approach both
on a state and a federal level.
Inspector Matthew O'Connor of the State Bureau of Narcotic En-
forcement related details of various narcotic addiction cases in relation
• This hospital ■was visted cy Senator Beard and Senator Farr in March of IdaS.
= Lcs Angeles hearins — September 17, 1957.
* Mrs. Xef! mentioiied that a biU on this subject is presently buried in a CongressioDal
committee.
INTERIM COMMITTEE REPORT ON NARCOTICS 63
to the treatment methods and results effected by confinement of indi-
viduals to federal and state institutions.
The federal hospitals, as well as the state hospitals, recognize and nsually
determine certain addiction cases that they have no hope for. Tliese are based
on the age of the person and tlie term of addiction. * * * Tliey can effect
a cure on such an individual * * * he comes out and they can almost by
statistics indicate about what time of the year he will be back for subsequent
treatment.
Mr. O'Connor emphasized that many addicts who remain in the
hospitals the full time as prescribed by the hospital physician will be
physically cured. However, upon their return to the old environment,
many of these cured patients become addicted again within a short
time. Such renewed addiction is generally caused by a craving, not a
compulsion.
They crave the experience that they first experienced in their injection of
the opiate family, and so they try it again, as they call it, a Saturday-night
kick.
Praise for the work and success of the federal hospitals at Fort
Worth and Lexington was expressed by Judge Stanley Mosk at the
September 16, 1957, hearing of the Senate Narcotics Committee. He
described these two hospitals as "having the confidence of the public"
and, as such, "agencies that should be duplicated."
Judge Mosk made the following recommendations regarding the
establishing of a narcotic hospital in California:
The construction of a centrally located state narcotic hospital, modeled after
the successful federal institutions, and devoted exclusively to the treatment
and cure of narcotic addiction, so that we may meet the growing menace
right here in California.
Section E
THE MODIFIED HOSPITAL APPROACH
Dr. Xorman Graff, Chairman of the Legal Aspects of Psychiatry
Committee for the Northern California Psychiatric Society, read a
statement to the committee Avhich called for '"pilot studies and the
adequate medical handling of the narcotic addict, recognizing the
present failure of treatment regimes." He felt that there were many
facts about the addict which we do not know and "that a five year
pilot study might reveal these facts to us."
Dr. Joel Forte, of the Berkeley Mental Hygiene Clinic, made the
same recommendations as Dr. Graft'. He stated that, ''many thousands
of addicts have been treated in our federal hospitals, but one of the
unfortunate factors is that there has never been an adequate follow-
up program to find out what happened to these people and to find out
what treatment methods worked with some and what treatment methods
didn't work for others."
Dr. Walter Bromberg. of the Central California Psychiatric Society,
indicated tliat the group which he represented agreed that a pilot study
is urgently needed. He recommended the use of people from both public
health and mental hygiene groups.
Dr. Frym, of the Hacker Foundation, stated that a pilot type of
clinic would be effective if it were staffed with properly qualified
people, not just persons who would work for a minimum salary.
In view of the recommendations and the need for a pilot study
within the State of California, Senators Beard and Farr, on the
recommendation of Governor Brown, introduced a bill to establish a
pilot clinic at Chino.^° This Senate Bill No. 155 was passed by the
1959 Legislature and signed into law by Governor Brown.
10 See Chapter V (p. 79) and Chapter VI (p. S3).
(64)
CHAPTER IV
SYNOPSIS OF TESTIMONY RELATING TO
THE EDUCATIONAL APPROACH
CHAPTER IV
SYNOPSIS OF THE TESTIMONY RELATING TO
THE EDUCATIONAL APPROACH
Section A. Education — A Media to Combat Narcotics Addiction.
Section B. Pros and Cons of "When, Where and What" to Include In Public
Education Curricula for Narcotic Problem.
Section C. Emphasis Upon Augmented Teacher Training.
Section D. Concentration Upon the Metropolitan Areas.
Section E. Use of Educational Motion Pictures and Television.
(66)
Section A
EDUCATiON-A MEDIA TO COMBAT NARCOTIC ADDICTION
The educational approach to the narcotic problem was mentioned
numerous times during the two-year investigations of the Senate Nar-
cotics Committee.
Although the witnesses did not agree entirely upon the methods and
procedures to use, they did agree that many definite steps must be
investigated along the educational lines in order to help destroy the
existing evils of narcotic addiction in California.
Mr. Chester MacPhee, Chief Inspector of Customs in San Francisco,
testified at the San Francisco hearing.^ He stressed the need for more
information and detailed education concerning the harmful effects of
narcotic drugs, especially for the adult populace.
He surmised that the majority of people become involved with nar-
cotic addiction because they do not know the full consequences of
what they are doing. "If they know that if they take a shot of heroin
they are going to end up with something worse than cancer, they will
not take it. ' '
Captain Kenneth Irving of the Los Angeles Sheriff's Narcotic Squad
emphasized the use of education as a preventative measure to be used
against narcotic addiction. He stated : ^
More effort probably would be devoted to an attempt to prevent addiction
from occuring in the first instance through educational media. I know it is
a controversial subject as far as the schools are concerned. Many of the
educators feel that to tell teenagers about narcotics is to excite their curiosity,
but how many of these teenagers are going out in the corner of the ball
field, going out to a malt shop at night, going out to some alley, going out
to some party and are being told about all the wonderful mysteries of narcotics
by their own people who set themselves up as pseudo-experts and give them
far more misinformation than they give them factual information.
At the Los Angeles hearing. Dr. Robert StoUer, M.D., stressed
the need for public education concerning the facts of drug addiction.
He said :
I would like to mention the value of public education in this matter. I
know there are certain people who feel that public information about the
drug addict is wrong. They would not like to have the public know too much
about it. They are the same people who more than 20 years ago opposed
public education of the venereal diseases. There is absolutely no reason in the
world why people of this State shouldn't know more about this problem.
They are not going to become addicted to drugs because they are told certain
facts about it very clearly.
Sgt. William Eobins of the San Diego Sheriff's Office classified
education of youth to be the best method of preventing narcotic addic-
tion among juveniles.
If you wait until the juvenile is arrested for narcotic violation before you
make any attempt to stop it, you are much too late. He is already on his
way and there is nothing that can be done about it in most cases. I feel that
1 San Francisco hearing- — August 20, 1957.
-Los Angeles hearing — September 16, 1957.
(67)
68 INTERIM COMMITTEE REPORT ON NARCOTICS
there is only one method of doing anything about it, and it is not by stiffer
law enforcement so much as it is by a more liberal education in the field
down here in this youngster level before they have an opportunity to get
out. * * * There is a small percentage of the youngsters who will become addicts
no matter what we tell them. We do have a great number of juveniles who
are sitting on the fence, so to speak, that don't know which way to fall. These
are the ones I think we can reach by proper education, and at least they will
have a tool of information with which to resist the peddler.
Section B
PROS AND CONS-"WHEN, WHERE AND HOW MUCH TO
INCLUDE" IN PUBLIC EDUCATION CURRICULA
The role of narcotic education in the scliool curricnla was the source
of mucli controversy amonp- the witnesses appearing at the Senate
investigations. Opinions fluctuated between the extremes of maximum
and minimum education in the classroom.
Dr. Frank Robertson, both an M.D. and educator, advocated^ the
teaching of simplified forms of health education at a very early age.
Such rudimentary theories could then be expanded as the child con-
tinues through the elementary grades and by the time of junior high
and high school, the problems of narcotic addiction as well as other
health problems, could be taught in an extensive and scientific manner.
Dr. Norman Graff, a member of the Northern California Psychiatric
Society, termed •* education as a definite method of preventing narcotic
addiction but he did recommend that caution should be used in label-
ling use of narcotics as lad.
Many people don't stop doing; things just because they are bad * * * some
people do things because they are bad. * * * Now for some people seeing the
horrors of narcotic addiction and its effects and so forth, would act as a
deterrent. For other adolsecents, however, labeling something as bad would
be exactly why they would do it. This would be the motivation because this
would be important to them for some reason.
Mrs. Gladys Jewett from the University of California at Los Angeles
expressed enthusiasm for the preventative educational program against
the narcotic problem. She stated : ^
I like working on the preventative program rather than the treatment pro-
gram, and I think by counseling these students, I think by giving them some
direction and having these facilities for social activities, I don't think you
are going to have these problems. We haven't had any addiction in our
universities.
Dr. Joel Forte of the Berkeley Mental Health Clinic emphasized®
that the present California law "already provides for the teaching
about narcotics as well as alcohol * * * in many schools the alcohol
problem has been implemented but in relatively few has the addiction
problem been tried.
In his recommendation to the committee. Dr. Forte proposed that the
addiction problem should be taught with an emphasis upon the less
controversial aspects of the subject, such as the pharmacology of
narcotics, the physiological effects on the body, and some of the po-
tential dangers.
"Give the actual facts — don't pretend they are not as bad as they
are, or that they are worse than they are," advised Dr. Karl Bowman
in his testimony at the committee hearing of November 13, 1958.
3 San Diego hearing — December 13, 1957.
* Sacramento hearing — November 13, 1958.
5 Los Angeles hearing— September 17, 1957.
•Sacramento hearing — November 13, 1958.
(69)
70 INTERIM COMMITTEE REPORT ON NARCOTICS
Doctor Bowman opposed any educational plan designed to frighten
and shock since such an approach would tend to stimulate the curiosity
of manj" people. He stated :
I think education should simply give the facts in an unemotional way. If you
are teaching children or adolescents, don't try to shock them, don't try to get
them all upset about the horrors of drug addiction or anything like that.
Just point out in a matter-of-fact fashion that this is a habit you better
keep away from and these are the reasons why. But don't try to make it
any worse than it is.
Dr. Walter Bromberg of the Central California Psychiatric Society
said -J
Certainly education is important but it does not get to the crux of the
problem. Normally there are normal kids and psychopathic kids. The problem
of psychology has not been solved. It is being worked on, and it calls for a
careful analysis of public attitudes as well as individual attitudes among
normal and psychopathic children before you can do any educating.
Dr. Stuart Kuox, Chairman of the Committee on Mental Health,
California Medical Association, classified the educational phase of
the narcotic problem as belonging to both the preventative and treat-
ment approaches to the addiction problem. He said :^
Improved information on this perplexing problem can put it in its proper
perspective. Suitable public information, down to the public school level,
offers some hope in preventing the spread of this evil and also presents an
opportunity to encourage those already involved to seek treatment.
A recommendation that the educational system use to the "fullest
extent the existent curriculum now set up for the teaching of narcotics
problems in the schools," was the recommendation^ of I\Irs. Leona
Neff. She also emphasized the need for adult classes in the subject
which could become part of the PTA program.
Dr. Victor Vogel held that information concerning narcotic dangers
should definitelj^ be taught at the junior high school level. He said :
I am firmly and unequivocally in favor of education, not only adults, but
in the school levels, certainly in the high schools, and I believe in junior high
schools. The question came up whether the junior high schools should be told
about this. I was listening at the time that a superintendent of a junior high
school was speaking, and he said, "Well, we have 30 boys and girls on proba-
tion right now for marijuana smoking." I don't think they are too young to
hear about it.
The following suggestions concerning legislation to combat the nar-
cotics problem was presented to the Senate committee by Mr. Wallace
Niemela, of the San Diego Junior Chamber of Commerce:
1. Compulsory education on the dangers and effects of the experimentation
or use of narcotics in all public school systems starting in the eighth grade and
continuing through the twelfth grade.
A. To be effective this education must be performed by qualified instructors
who know the subject and can readily answer the students' questions.
I
■^ Sacramento hearing — November 13, 1958.
^ Sacramento hearing — November 14, 1958.
"Los Angeles hearing — September 17, 1957.
INTERIM COMMITTEE REPORT ON NARCOTICS 71
B Funds should be made available to : , i. u
(1) Establish a properly accredited program or clmic to educate teachers
on the facts. , . , ^ ,
(2) Formulate outlines and furnish source data from which teachers may
acquire the knowledge to prepare their lectures.
(3) Prepare visual aids to help in presentation.
C. The subject of narcotics should be covered as a field in itself and not in
conjunction with tobacco and alcohol.
*? A vi^'orous campaign of education via pamphlets, the press, radio and
tele'vision to stimulate public awareness of the problem and to alert parents
and teachers to the signs that can be the first indications of drug experimenta-
tion or addiction.
Section C
EMPHASIS UPON AUGMENTED TEACHER TRAINING
The need for augmented teacher training in the subject of narcotics
especially on the secondary school and junior college level was empha-
sized by Dr. Charles Branthover at the Sacramento hearing ^^ of the
Senate Narcotics Committee. He said :
On the secondary school level health subjects have been thrown into whoever
would catch them, which often times it would be the physical education depart-
ment. So that topics which would be relating to alcoholism, narcotics, and so
forth, would be handled by people who were much more adept at handling the
football team, wrestling team, and so forth. This situation has made the health
courses sometimes quite ridiculous — particularly in the junior colleges. * * *
Many of the educators working in the health field feel that these topics are
really tremendously interesting and if handled by people who are qualified and
worked into the curriculum properly, they could be an excellent program.
Dr. Branthover continued his testimony by recommending that doc-
tors could help educators in preparing the material for health education
subjects. He stated :
Doctors could help in the schools, particularly at the higher levels in health
planning by in-service training in sort of a resource person type of role. I
think that the teachers need this backing and I think that they need repeated
encouragement, because for various reasons they are apt to feel reluctant about
teaching health. * * * Teachers should have some courses in health education
and get some of the concepts there. But most important (because it is a
changing field), is the importance of in-service training for teachers. * * *
Doctors could provide educators with the technical content of what they should
be presenting. This would not only make this material available from excellent
sources, but also the personal backing and discussion that would be involved
between the teacher who is actually involved in the classroom and the people
in their community who are connected with the community health, is worth-
while. It is not essential that the doctors be involved in actual teaching of the
subject but if the doctors were brought in (particularly on the upper secondary
level) it would be extremely interesting for the students.
The need for additional teacher training was also emphasized by Dr.
Oliver Byrd who stressed ^^ that the majority of teachers in this State
are not qualified in the field of narcotic instruction, which does place
an emphasis on the necessity for in-service training.
Dr. Byrd testified : In many counties in California there is 50 percent turn-
over of teachers over a span of 12 months. * * * There is a tremendous
influx of teachers from out of state who have not been trained in California
state colleges, but who obtain temporary credentials and then move on with
a minimum to maintain those credentials. Over 70 percent of the teachers in
the State of California received their teachers training more than 10 years
ago thus there is a definite need for in-service training of current and up-to-
date aspects of subjects, such as narcotics.
'» Sacramento hearing — November 14, 1958.
^'Sacramento hearing — November 14, 1958.
(72)
Section D
CONCENTRATION UPON THE METROPOLITAN AREAS
The questions of how far the State sliouUI go in deveh)pin<:? an edu-
cational program and M'hether this program shonkl be forced on all
localities were two topics under discussion at the various hearings of
the Senate committee.
Dr. Joel Forte recommended that from the standpoints of botli value
and economy, any new educational programs should be set up in the
large metropolitan areas as pilot programs for a certain period of time.
The results of these programs could be the basis for the establishment
of the programs on a statewide basis.
Dr. Forte stated : ^-
It would be helpful for all communities to educate children in general about
these things without going into great detail about them. But I think the areas
that have the greatest problem should have the greatest concentration of edu-
cation.
Director of Corrections Richard McGee recommended ^^ that the
programs concerning narcotic problems be concentrated on the large
metropolitan areas such as Los Angeles. Within these metropolitan
areas exist certain sections where narcotic addiction flourishes.
Mr. McGee made the following comments :
The police and the narcotic squads in the various cities know where the
people who engage in this kind of behavior are concentrated. They are con-
centrated there. * * * The families and social conditions that are back of this
are concentrated there, and the schools are there too. * * * These are the
areas where it seems to me, if I were Superintendent of Schools in Los An-
geles, for example, I would make some effort to see that the school principals
and the classroom teachers of those areas knew a great deal more about this
problem than they would have to know in Chico or someplace like that where
probably you will seldom find a drug addict.
12 Sacramento hearing— November 13, 1958.
13 Sacramento hearing — November 14, 1958.
(73)
Section E
USE OF EDUCATSONAL MOTION PICTURES AND
TELEVISION
The use of audiovisual methods in the field of education concerning
narcotic problems was a subject discussed at the hearings of the Senate
Narcotics Committee. Emphasis was placed upon the necessity of care-
ful treatment of the subject matter to avoid sensationalism and the
development of abnormal curiosity.
Mr. Richard Huddleston of the Imperial County Education Center
supplied the committee with information concerning various aspects
of suitable movies to be used for narcotic education in the classrooms.
He expressed ^^ the need for educational films which can be shown
to the "average child in the classroom, for the normal child at approxi-
mately the ninth grade level. ' '
Mr. Huddleston continued his testimony :
We need, let us call them pilot films. These films would not necessarily be
the end of a project, but they should be developed. Films you have now, of
course, are done by distributors, and they have done the best they know how.
But I do believe that if we were to have better material in the field that you
should call in those who work at the grassroots level with the children in the
development of this material ; teachers, those on school staffs who are ac-
quainted with the problems of delinquency. Perhaps through their effort, com-
bined with the expert help of law enforcement people, psychiatrists, medical
men and others whose information would be pertinent, perhaps some pilot films
could be developed.
The prices of such films varj^ according to the length. The following
is an approximate cost analysis of such films :
I. Cost of Films
A. Production of
18-20 minute film $20,000
(minimum)
B. Retail Price of Film
(1) Black and white $60
(2) Color $120
Dr. Oliver Byrd, Executive Head of the Department of Health Edu-
cation at Stanford University, cautioned against the use of any films
that tend to create abnormal curiosity. He said : ^^
I have seen some films that I think create an abnormal curiosity, and I would
not want to show those films. I think that is true in the field of medicine in
general, that you see many medical films that you would show to professional
groups, but there would be no point in showing them to the general public. I
think that some of the films in the field of narcotics may well be shown in
professional groups, but not to lay groups for the simple reason that it empha-
sizes things that I think are not in this pattern of the relationship of the
narcotic addiction as a social problem.
"Sacramento hearing — November 13, 1958.
^Sacramento hearing — November 14, 1958.
(74)
INTERIM COMMITTEE REPORT ON NARCOTICS 75
Dr. George Ormsby, audiovisual consultant with the State Depart-
ment of Education, commented upon the value of films ^^ as a means of
educating students on the problems connected with narcotic addiction.
Through such an educational approach students could learn about various
aspects of narcotics, what the typical behavior is, what the consequences may
be without going through the withdrawal period, and what it means to their
social group.
Mr. Bill Hopkins of the educational television station KVIE ap-
peared at the hearing ^'^ to draw the committee 's attention to the potent
new force throughout America — educational television. He discussed the
possibilities of narcotics education through this medium.
Mr. Hopkins recommended that starting on the adult level with
special emphasis upon films which hold the interest of the audience
from the start since "one either wins or loses an audience in the first
30 seconds."
For use in the school curricula, Mr. Hopkins recommended that the
program be set up with aid of the audiovisual people in the schools.
In conclusion, he offered the co-operation and services of Station
KVIE ^^ in the Sacramento Valley and also Station KQED in the Bay
area when a concrete program has been reached.
18 Dr. Ormsby presented a short outline of typical educational type film to the com-
mittee at the November 13, 1958, hearing.
"Sacramento hearing — November 13, 195S.
18 KVIE will soon have a Kinescope which is an inexpensive method of distribution.
CHAPTER V
SENATE BILL NO. 155 BY SENATOR BEARD AND
SENATOR FARR RELATING TO THE NARCOTIC
TREATMENT CONTROL UNITS
CHAPTER V
SENATE BILL NO. 155^ BY SENATOR BEARD AND SENATOR FARR
RELATING TO THE NARCOTIC TREATMENT CONTROL UNITS
Strongly emphasized throughout the investigations of the Senate
Narcotics Committee was the immediate need for the establishing of
Narcotic Treatment Control Units in California.
Senator J. William Beard, Chairman of the Senate Narcotics Com-
mittee and Senator Fred Farr, at the recommendation of Governor
Edmund 6. Brown, introduced a bill to establish a pilot clinic at Chino.
Following is a copy of Senators Beard's and Farr's bill — Senate Bill
No. 155 — which passed both the Senate and the Assembly of the Cali-
fornia Legislature and was signed into law on April 2, 1959 by Gov-
ernor Brown.
Senate Bill No. 155
Passed the Senate March 3, 1959
Passed the Assembly March 26, 1959
CHAPTER 65
An act to add Article 4.7 (commencing with Section 11750) to Chap-
ter 7 of Division 10 of the Health and Safety Code, relating to nar-
cotic treatment-control units.
The people of the State of California do enact as follows:
Section 1. Article 4.7 (commencing with Section 11750) is added
to Chapter 7 of Division 10 of the Health and Safety Code, to read :
Article 4.7. Narcotic Treatment Control Units
11750. The Department of Corrections and the Department of the
Youth Authority are authorized to establish narcotic treatment-control
units in state correctional facilities or training schools or as separate
establishments for such study, research, and treatment as may be neces-
sary for control of the addiction or imminent addiction to narcotics of
persons committed to the custody of the Director of Corrections or the
Director of the Youth Authority.
11751. When the Adult Authority concludes that there are reason-
able grounds for believing that a man on parole is addicted to, or is in
imminent danger of addiction to, narcotics, it may issue an order to
detain or place such person in a narcotic treatment-control unit for a
period not to exceed 90 days. Such order shall be a sufficient warrant
for any peace officer or employee of the Department of Corrections to
return to physical custody any such person. Detention pursuant to such
order shall not be deemed a suspension, cancellation or revocation of
parole until such time as the Adult Authority so orders pursuant to
Section 3060 of the Penal Code. A parolee taken into physical custody
pursuant to Section 3060 of the Penal Code may be detained in a
narcotic treatment-control unit established pursuant to this article.
1 Chapter 65, California Statutes of 1959.
(79)
80 INTERIM COMMITTEE REPORT ON NARCOTICS
11752. When the Youth Authority concludes that there are reason-
able grounds for believing that a person committed to its custody, and
on parole, is addicted to, or is in imminent danger of addiction to,
narcotics, it may issue an order to detain or place such person in a
narcotic treatment-control unit for not to exceed 90 days. Such order
shall be a sufficient warrant for any peace officer or employee of the
Department of the Youth Authority to return to physical custody any
such person. Detention pursuant to such order shall not be deemed a
suspension, cancellation, or revocation of parole unless the Youth
Authority so orders pursuant to Section 1767.3 of the Welfare and
Institutions Code.
With the consent of the Director of Corrections, the Director of the
Youth Authority may, pursuant to this section, confine the addicted or
potentially addicted person, over 18 years of age, in a narcotic treat-
ment-control unit established by the Department of Corrections.
11753. When the Board of Trustees of the California Institution
for Women concludes that there are reasonable grounds for believing
that a woman on parole is addicted to, or is in imminent danger of ad-
diction to, narcotics, it may issue an order to detain or place such per-
son in a narcotic treatment-control unit for a period not to exceed 90
days. Such order shall be a sufficient warrant for any peace officer or
employee of the Department of Corrections to return to physical cus-
tody any such person. Detention pursuant to such order shall not be
deemed a suspension, cancellation or revocation of parole until such
time as the Board of Trustees so orders pursuant to Section 3060 of
the Penal Code. A parolee taken into physical custody pursuant to
Sections 3060 and 3325 of the Penal Code may be detained in a nar-
cotic treatment-control unit established pursuant to this article.
11754. The authority granted to the Adult Authority and the Youth
Authority in no way limits Sections 3060 and 3325 of the Penal Code.
CHAPTER VI
DETAILS OF THE NARCOTIC ADDICT
TREATMENT CONTROL PROGRAM
CHAPTER VI
DETAILS OF THE NARCOTIC ADDICT TREATMENT
CONTROL PROGRAM
A positive program to demonstrate tlie effectiveness of a new ap-
proach to the control of narcotics addiction was establislied by the 1959
Legislature. The program, embodied in several acts, is basically de-
signed to prevent the readdiction of narcotic addicts, thus controlling
the market on which the illicit drug traffic thrives, reducing crime, and
saving tax money spent on long reeonfinement of addicts.
These measures are scheduled to go into eff'eet after September 18,
1959, and embrace the following seven major features :
1. Mandatory use of the drug nalline on former addicted parolees to
determine if they had returned to the use of narcotics.
2. Provision of funds to set up nalline tests in local probation pro-
grams. (AB 2276)
3. Initiation of a master file on the State's 6,000 to 10,000 narcotics
addicts. (Budget Act)
4. Listing of new synthetic drugs, which have been proven dangerous
and addictive, under the narcotics statutes. (AB 1186, Francis)
5. Use of nalline by the police on suspects who agree to its use.
6. Permits compilation of a statistical separation of heroin and mari-
juana users to give a true picture of the problem in each area.
(AB 1801, Allen)
7. Necessity of judges obtaining permission from the district attor-
ney before prior narcotics convictions could be stricken by the
court. (AB 202, Chapter 1772)
The pilot project ^ to be established in the Department of Corrections
is designed to meet the urgent need for a means to detect any relapse
of a former addict on parole. Improved medical tests and intensive
supervision will permit preventive action before the habit can be re-
established. Such action can reduce the number of parolees returned
to prison because of readdiction.
A narcotic control unit will be established to conduct the necessary
tests and to provide the short-term confinement required for medical
and psychiatric treatment. Intensified supervision will be provided the
parolee after treatment.
The purpose of the pilot project is to demonstrate that treatment on
parole is fully as effective and far less expensive than the frequent
return to prison of the addict for long confinement. If methods similar
to those proposed in this program can be proven effective, the proce-
dure in the future might be expanded to a major proportion of the
criminally involved narcotic addict population.
There are at present about 2,000 persons with histories of narcotic
addiction under parole supervision by state correctional agencies. There
is a large but unknown number under the supervision of local probation
departments. There are about 3,200 confined in state prisons and cor-
1 Chapter 65, California Statutes of 1959.
(83)
84 INTERIM COMMITTEE REPORT ON NARCOTICS
rectional institutions, and in addition a substantial number confined
for shorter period in county jails and state mental hospitals.
This criminally involved narcotic addict population constitutes the
"retail market" for the illicit drug traffic. They also participate in
the distribution of drugs and commit large numbers of crimes against
property.
In addition to efforts by law enforcement agencies to control the
narcotic traffic at its sources, it seems reasonable that a concerted effort
should be made to control the market upon which the traffic lives. This
can be done by preventing the spread of the market through the illicit
activities of the addict population.
The legislation which authorizes the Department of Corrections and
the Department of the Youth Authority to establish treatment control
units with the view of demonstrating first, that this approach is effec-
tive in dealing with addicted persons on parole, and second, if demon-
strated to be a desirable program, it might serve as a practical example
for the counties in the handling of addicted persons on probation.
Initially this is to be set up only for adult male parolees.
The plan for next 3'ear is made up of three parts :
1. A treatment control unit with a day-to-day capacity of about
40 beds with the necessary medical and attendant personnel, to be
established in connection with the California Institution for Men
at Chino. This location is chosen because the major share of the
problem is in Southern California.
2. A special narcotic treatment supervision unit to be established
wnthin the Division of Adult Paroles. This would involve some 14
caseloads of 30 parolee addicts each with the necessary supervisory
personnel. These parole agents would be specially trained for
the supervision of narcotic addicts. Procedures would be estab-
lished requiring periodic medical examination including use of
N-allylnormorphine (a synthetic antinarcotic derivative). These
tests would make quite certain that no parolee addict in this exper-
iment could revert to the use of drugs for even a very short period
of time without detection. If such parolee addicts after examina-
tion are found to have reverted to the use of drugs, they would
then be temporarily confined for a period not to exceed 90 days in
the treatment control unit at Chino. In this period a program of
counseling and psychiatric treatment would be conducted. If it is
then considered safe to return such a person to continue his parole
in the community, this would be done; if not, his case would be
referred to the Adult Authority for revocation of parole.
3. A small research staff to keep careful records and make scien-
tific analyses of the effectiveness of the entire procedure. It is be-
lieved that this experiment will have to continue for a period of
three to five years before positive conclusions could be reached.
However, even after two years it is hoped that indications of suc-
cess or failure of the procedure would begin to be clear.
The estimated cost of this pilot program is about $170,000 per year.
The 1959 Legislature appropriated $125,000 to cover the initial period
of nine months during the 1959-60 Fiscal Year beginning about Octo-
ber, 1959.
INTERIM COMMITTEE REPORT ON NARCOTICS 85
It is estimated by experienced parole agents that about one-half of
all paroled addicts revert to the use of drugs during the first year after
release. If then 200 of the experimental group were returned to prison
for the current average of 18 months, this would cost the taxpayers
about $600,000. If this could be reduced to say 10 percent, the prison
cost would be only $120,000. This, plus $170,000 for the control unit or
$290,000 as compared with $600,000 would mean a possible saving of
$310,000 per year. If extended to the whole addict population, there
would be greater savings as well as the additional savings through re-
duction in losses from property crimes.
4— L-lOO
CONCLUSIONS AND RECOMMENDATIONS
CONCLUSIONS AND RECOMMENDATIONS
The committee recognizes the annual cost of the narcotic traffic in
California to be approximately 66 million dollars (including cost for
institutional operation, parole, capital outlay,^ arrest, trial, transporta-
tion and economic waste).
This is in addition to the immeasurable social problems created by
addiction and cost to society by the loss of effective individuals (usually
resulting in loss of jobs, poverty, decline in health, and untold hard-
ships and unhappiness imposed on families of the addicted).
The committee has found that there are three problem areas in need
of legislation and further study : Law Enforcement, Medical Approach
and Educational Approach.
Law Enforcement
1. Further study is necessary before enacting legislation to revise
search and seizure laws pertaining to narcotics obtained by illegal
search and seizure to be introduced as evidence in criminal proceed-
ings. The committee feels that the Nalline testing procedures, as
well as the pilot control study should be given an adequate test
period before enacting this type of legislation.
Senate Bill No. 138, which was patterned after the Michigan Con-
stitutional Amendment and permitted the introduction of evidence
obtained without a search warrant was refused passage in an As-
sembly Committee during the 1959 General Session of the Legis-
lature. Evidence presented to the committee indicated that except
in metropolitan Los Angeles, the Cahan Decision has not been
proved to affect law enforcement in this field.
2. The committee recommends that no legislation be approved until
further study which would amend the effect of the Priestly Case.
No adequate safeguards are possible to protect the person who may
be the victim of a plant.
3. The committee recommends tliat legislation directing the Depart-
ment of Justice to promote and sponsor the use of the Nalline test
for detection of narcotic addiction by agencies of local government
be approved. (Assembly Bill No. 2276 — Cunningham and Rumford,
March, 1959.)
Medical Approach
1. The committee recommends against any clinic plan for narcotic ad-
dicts. In such a plan it would be impossible to distinguish between
the medically addicted and euphorus users who would "shoot" a
week's supply in one day.
The clinic plan would be impracticable (i.e., No employer would
desire to release from work an addict who had to report four times
a day to a central clinic for a "fix" and it would be too costly to
have clinics dispersed for the convenience of addicts).
^For construction of institutions in which addicts are confined (e.g., jails, prisons).
(89)
90 INTERIM COMMITTEE REPORT ON NARCOTICS
Any California law incompatible with the Federal Harrison Nar-
cotic Act poses a serious legal problem.
2. The committee recommends the establishing of a modified hospital
approach in California with an adequate follow-up program.
Legislation was introduced in the 1959 Legislative Session by
Senator Beard and Senator Farr establishing Narcotic Treatment
Control units at Chino, California.
This bill, Senate Bill No. 155, was passed by both houses of the
Legislature and signed into law by Governor Brown.
The committee will make additional recommendations concerning
the establishing of similar hospitals in California after the pilot
study at Chino has progressed about two years and conclusive re-
sults established.
Educational Approach
1. The committee recommends the establishing of a Commission for the
Educational Study of Narcotics. Such a commission should be com-
posed of at least seven members including the following represen-
tatives :
1 representative from the elementary school level ;
1 representative from the jr. high school level ;
1 representative from the high school level ;
1 psychologist ;
1 child psychologist ;
1 independent ;
1 law enforcement representative ;
1 representative from Board of Corrections.
Such a commission could be under the direction of the Governor,
the Attorney General, or the Legislature.
2. In our smaller counties no addiction problem exists. The committee
wonders "Should the children in these areas be subjected to the
same educational program as those living in the 'Hell's Kitchen'
of our big cities ? ' '
APPENDIXES
APPENDIX A
SENATE RESOLUTION No. 201, AS AMENDED
Kelative to the creation of the Senate Interim Committee on Narcotics
Whereas, The problem of unlawful use and distribution of narcotics,
for many years of concern to the Le^'islature, continues to rank hi<>h
amonp; the p-reat social evils of our day, notwithstandino- the bulk of
the present laws on the subject, increased public interest, and wide-
spread education on the subject; and
Whereas, Particularly, narcotics addicts continue to be numerous,
and these addicts seeking to obtain the means to satisfy their craving,
resort to crime (and it has been estimated that they commit as many
as 50 percent of the crimes in some metropolitan areas), and often
themselves become peddlers to obtain funds for their needs, inten-
tionally enslaving others including j^oung people, to the narcotic habit
in order to have customers for their precious goods ; and
Whereas, It is apparent that the elimination of addiction or decrease
in its incidence would be of benefit to those addicted, to our young
people who stand in clanger of being ensnared by addict-peddlers, to
every citizen whose property rights and personal safety are jeopardized
by the presence of addicts and to every taxpayer who may contribute
to the cost of repeatedly apprehending, prosecuting, and imprisoning
addicts ; and
Whereas, This goal has not been reached under our present laws,
and it is therefore fitting, and, indeed, imperative, that further study
of the problem be made so that, to the extent that the problem can be
dealt with by law, the appropriate laws shall be enacted with dispatch ;
now, therefore be it
Resolved lij the Senate of the State of California, As follows:
1. The Senate Interim Committee on Narcotics is hereby created and
authorized and directed to ascertain, study, and analyze all facts relat-
ing to narcotics and to the cure, care, and treatment of narcotics
addicts, including but not limited to the operation, effect, administra-
tion enforcement and needed revision of any and all laws in any way
bearing upon or relating to the subject of the resolution, and to report
thereon to the Senate, including in the reports its recommendations
for appropriate legislation.
2. The committee shall consist of five Members of the Senate ap-
pointed by the Committee on Kules thereof. Vacancies occurring in the
membership of the committee shall be filled by the appointing power.
3. The committee is authorized to act during this session of the
Legislature, including any recess, and after final adjournment until
the commencement of the 1959 Regular Session, with authority to
file its final report not later than the thirtieth legislative day of that
session.
4. The committee and its members shall have and exercise all of the
rights, duties, and powers conferred upon investigating committees
(93)
94 INTERIM COMMITTEE REPORT ON NARCOTICS
and their members by the provisions of the Joint Rules of the Assembly
and of the Standing Rules of the Senate as they are adopted and
amended from time to time at this session, which provisions are incor-
porated herein and made applicable to this committee and its members.
5. The committee has the following additional powers and duties:
(a) To select a chairman and a vice chairman from its mem-
bership.
(b) To contract with such agencies, public or private, as it deems
necessary for the rendition and affording of such services,
facilities, studies, and reports to the committee as will best
assist it to carry out the purposes for which it is created.
(e) To co-operate with and secure the co-operation of county,
city, city and county, and other local law enforcement
agencies in investigating any matter within the scope of
this resolution and to direct the sheriff of any county to serve
subpenas, orders and other process issued by the committee.
(d) To report its findings and recommendations to the legislature
and to the people from time to time and at any time, not
later than herein provided.
(e) To do any and all other things necessary or convenient to
enable it fully and adequately to exercise its powers, perform
its duties, and accomplish the objects and purposes of this
resolution.
6. The sum of twenty thousand dollars ($20,000) or so much thereof
as may be necessary is hereby made available from the Contingent Fund
of the Senate for the expenses of the committee and its members for
any charges, expenses or claims it may incur under this resolution,
to be paid from the said contingent fund and disbursed, after certifica-
tion by the chairman of the committee, upon warrants drawn by the
State Controller upon the State Treasurer.
APPENDIX B
HIGHLIGHTS OF SYMPOSIUM ON THE HISTORY OF NARCOTIC
DRUG ADDICTION PROBLEMS
The Symposium on the Historv of Drug Addiction was held IMarch
27-28, 1958, at Bethesda, Maryland.
Senator J. William Beard and Senator Fred S. Farr, representing
the California Senate Committee on Narcotics, attended this symposium
together with J. Douglas Grant, Chief of Research with the California
Department of Corrections.
The following highlights of this conference are based on a report
written by Mr. Grant for the Department of Corrections.
1. Narcotic addiction is a physical as well as a psychological reality ; however,
there is entirely too much hysterical reaction to the problem. Addiction does
not tend to "release the beast in man," and many people are able to lead much
more productive lives under the influence of opiates than without the use of
the drugs.
2. With the same basic legal structure in England and the United States, England
has tended to keep the handling of narcotic addiction as a medical problem,
whereas in the United States, a series of administrative and legal interpreta-
tions has moved the problem away from a medical approach and toward a law
enforcement frame of reference.
INTERIM COMMITTEE REPORT ON NARCOTICS 95
3. Even in environments hishly condncivc to delinquency and the spreading of
narcotic use, by far the majority of people do not become addicts.
4. Althotiijh tlie iiersonality niakcni) of dru^ liters must be important in determin-
ing whether or not tliey b(^C()m<' addicted, there is little, if any, evidence that
therapeutic procedures utilized thus far have been able to change addicts into
nonaddicts.
5. A different segment of the poi>ulation now appears to be represented in the
addict group than was true 20 years ago. Whor(\is at one time, drugs were used
primarily as a "solution" for neurotics, the addict population is now mainly
a delinquent one.
6. It is very possible that our "addiction treatment" problem is the same as our
"delinquency treatment" problem, and thus far we have had trouble demonstrat-
ing an effect on either post-institutional drug addiction or delinquent beliavior.
7. The trend is to look to community approaches (outpatimt clinics, intensive
parole, family-centered counseling, etc.) rather than to institutional approaches
for addiction therapy, or preferably addiction prevention.
8. James Y. Bennett, Director, Federal Bureau of Prisons, stated a strong posi-
tion against long-term confinement. He thought we had to admit that the
Lexington program had not lived up to expectations ; however, he still believed
the only ultimate solution would have to come through a medical research
approach.
9. Although there are many unanswered questions concerning the nature and
amount of drug addiction, it may well be more profitable to start investigating
ways to change addiction behavior, than to do more research to describe it.
10. Drug addiction is pi'obably not creating many new criminals. It probably is
bringing some increase in the amount of property crime and prostitution
among addicts ; however, its main influence in the correctional process is its
deterrent I'ffect m^on parolee rehabilitation ; hence, the need for intensive study
of the addict, parole and post-institutional programing.
11. Since a considerable number of youthful addicts do exist in larger population
areas and there is little evidence that "curses" are brought about during early
adulthood, states like New York, Illinois, and California might as well face
the fact that they are going to have to live with an addiction problem, particu-
larly among their criminal populations, for a good many years.
12. The New England States have the "softest" narcotics laws and the lowest
addiction rates in the United States, even though Boston is a densely populated
seaport area.
13. The symposium was able to make a good case against a punitive approach to
the addiction prolilem ; what was lacking was an effective counterjiroposal. The
recent article of Raymond F. Gould in the December issue of Federal Proha-
tion, in which he contrasts our Country's scientific approach to polio (a rela-
tively small problem) with our nonscientific approach to delinquency (a much
larger problem), appears relevant to our approach to the narcotic prolilem.
Mr. Grant also mentioned the conference held in New York — con-
cernino: specific narcotic problems in that state and measures which
have been instigated to remedy the existent problems.
The following excerpts describe conditions in New York :
1. Isidor Chein, at the Research Center for Human Relations, NYU, has just
completed a series of studies on the epidemiology of addiction behavior among
juveniles in high delinquency areas. He has concluded that a community ap-
proach to addiction problems would differ in no way from a community
approach to the delinquency problem. He has received NIH pilot funds to
explore the possibility of saturating a high-delinquency area with "love and
affection" to such an extent that all residents would know that the culture
really does care about them. NIH is planning to put a half million dollars
into such a study, if the pilot efforts demonstrate the feasibility of such a
study. Chein is putting a lot of attention into what he called the "feed-back"
aspect of developing a community therapy approach. By feed-back he means to
maximize the amount of information retui-ning to the "community therapists"
96 INTERIM COMMITTEE REPORT ON NARCOTICS
concerning the effect of the program on the attitudes and behavior of the com-
munity and its individual members. The study will have only experimental and
control features. There will be three or four control communities which parallel
in many respects the experimental community. Chein argues, probably very
correctly, that the effect on the experimental community, in order to have any
practical' significance, will have to be so dramatic that there will be no question
about the change which was produced.
2. The National Institute of Mental Health has established a demonstration cen-
ter in New York City to help discharges from the federal hospital at Lexington
to better adjust the community.
3. The Post-Graduate Center for Psychotherapy in New York City is sponsoring
a research project to determine the accessibility of drug addicts to outpatient
psychotherapy.
4. The Division of Vocational Rehabilitation of the State Department of Educa-
tion in New York has regarded the narcotic addict as a person who is eligible
for rehabilitation help. Each ca.se requesting aid from the division is individ-
ually examined and processed. This is being done on a small "experimental"
scale.
5. The State Division of Paroles in the New York City area has begun an ex-
perimental program in order to try to determine the optimum results which
might be obtained with former drug-user parolees. The experimental program
involves: four parole ofBcers (three to handle men and one to handle women)
who have a relatively light load of ,30 former drug-user parolees, compared with
the usual caseload of 100. This provides the parolee with an intensive and
flexible casework relationship within an authoritarian setting, allowing a
maximum u.se of those rehabilitation procedures which are within the province
of the parole department. There are approximately 148 former drug-user pa-
rolees who have been given to this kind of special supervision by the Division
of Paroles. The project has not been under way long enough for any determina-
tion of its ultimate contribution to be made, although it does appear to be a
substantial step forward in the use of experimental approaches to the problem.
The division feels the program suffers from lack of clinic and psychiatric facili-
ties to which parolees can be referred.
6. New York City's Department of Corrections is trying to shift its responsibility
for drug addicts to the City Department of Health. The Department of Health
is working equally hard to keep that shift from occurring.
7. Personnel at the Riverside Hospital, takes a very "what's to be, must be" view
toward the drug addiction problem. Although the Riverside Hospital was orig-
inally established as a research as well as treatment center, there has been no
formal research work developed at the hospital. At present there are efforts
through Columbia University to get some follow-up evaluation. It is apparent
that a large number of the adolescent addict population return many, many
times, and that only a small percentage of them, if any, can be considered
"cured." There is an outpatient program connected with the Riverside institu-
tional approach to the adolescent addict. However, this is felt to be inadequate
and the current hope is to make the program more effective through increasing
the power of the outpatient post-institutionalization phase of the treatment.
8. Judge Ploscowe has a joint American Bar and American Medical Association
Study Committee, sponsored by the Russell Sage Foundation. The committee
takes the position that law enforcement and punitive approaches to the drug
addiction problem have proven most inadequate and that the treatment efforts
of the medical profession al.so have proven inadequate to date. Hence, the
Country is going to be forced to live with drug addicts for at least several
years to come. The "concentration camp" is the only logical outcome of the
law enforcement and punitive approach. However, this method of dealing with
addicts is too expensive and out of line with the culture's morality to be ac-
ceptable. Since we must live with addicts and addicts are easier to live with
on drugs than off drugs, the committee strongly favors an experimental ap-
proach to the addiction problem through some kind of a control clinic setup
that makes the obtainment of drugs in a legal manner possible for our current
addict population.
INTERIM COMMITTEE REPORT ON NARCOTICS 97
9. The State of New Ydrk lias a Joint Lcfiislative Coniinittee on nai'cotics study.
A Dr. Charles Winiek is its reseaicli director. The oomniittee's second interim
report of February, 3958, recommends a permanent co-ordiuating narcotic study
authority for the State of New York.
10. The New York State Department of Corrections has recently established a
research division.
APPENDIX C
DESCRIPTION AND ANALYSIS OF FORT WORTH
FEDERAL INSTITUTION
Senator Nelson Dilworth, a member of the Senate Narcotics Commit-
tee, made a tour of the federal hospital for narcotic addiction at Fort
Worth, Texas. His description of the institute and analysis of work
being carried out there were presented to the committee at the hearing
held in Sacramento, November 14, 1958.
Senator Dilworth :
I had a very interesting experience for most of the day at the Fort Worth Federal
Institution, and I formed a very high opinion of the work they are doing.
The buildings are all connected underneath by passageways so there is nobody
out on the grounds ; therefore, they have all the inmates under control or restrained.
The grounds and the buildings are very beautiful.
Many of the workrooms and classrooms are on the basement level, and there is a
passageway to that level through all the buildings.
They have, I think, about 800 neuropsychiatric veteran cases and about the
same number of narcotic oases. I don't think there are over 3 or 4 percent that
are under local restraint. The rest of them pretty much have the run of the place.
The discipline seems to be very good. I didn't approve entirely of the choice of
books in the library. I felt that they could have additional books of a more educa-
tional nature and more inclined to encourage the readers to take an interest in this
Country ; also books concerning subjects such as personal redevelopment and edu-
cation.
I formed a very high opinion of the two doctors there that are immediately under
the superintendent (these two doctors were formerly in charge at Lexington). They
did disagree a little bit and they were very frank to talk to me, each from his own
point of view. It showed a frankness, I thought, that was helpful to me. There was
one thing the superintendent said to me and it was confirmed by one of the doctors.
That is, that of all the people they release they hear of only a little over 30 percent
again. * * * Not having any supervision of these people after they leave is a very
weak point in our system. There is just a little over 30 percent of the men that
leave that they ever get a report on that they are in trouble or that they come back
there.
Fort Worth Institution has a very fine recreational system, quite a little practical
manual training and technical training. Their educational work seemed to be worth-
while. Quite a few people from the community come in there and give of their time
in rehabilitation work of one kind or another.
It was interesting to learn of the population percentages there from the different
parts of the Country. Of course, it is predominantly from the western states and
Fort Worth. * * * I sensed a feeling of reasonable contentment on the part of the
men there. Now I don't mean that they wanted to stay there, but there wasn't too
much beefing, and I was around in among them where I would have heard them if
they were chronic complainers. If they had a grouch at the management and didn't
like the place I would have heard more than I did, a good deal. You know when
there is a whole gang of those fellows around they don't pay too much attention to
an outsider.
However, I came away with this feeling that they were able to do more with
addicts in the way of rehabilitation than I thought they could. It was a very
encouraging visit. In other words, if a person who is an addict has got what it takes
in the way of willpower and purpose in life, they can straighten him out (in a very
large percentage of the cases). Some of the addicts just don't have the personality to
5— L-lOO
98 INTERIM COMMITTEE REPORT ON NARCOTICS
work on. You know how it is. But it was one of the happy experiences of my life
to find things much better than I had anticipated.
As far as having the drug habit completely under control when released, a great
deal depends on the individual's surroundings and his own will to live. If he has
reasonable surroundings and a job, he has a very good chance of making it ; but if
he gets in had company and gets out of work and one thing and another — when
they go back there are usually circumstances that have tended to throw them back
or else they are not very mentally competent in the first place. Sometimes very
strong men become addicts through various reasons that have been mentioned here.
But I suppose that men of weaker personalities have a little larger tendency than
men of stronger personalities.
APPENDIX D
LETTER WRITTEN BY THE BRITISH UNDERSECRETARY OF STATE
TO SENATOR BEARD
Tet. Address : Monebis, Pari. London
TelephoHe No. : WHItehall 8100 «»
E« ^^^ HOME OFFICE,
Any communicatian on the subject r'iiW^^ va/ljitci-i ai ■
of this letter should be addressed to : — fei^3^") WHITEHALL,
THE UNDER SECRETARY OF STATE ^^'^Ij'
^^^ LONDON, S.W.I
flrtd the fo/Zowing number quoted — > V
PDA:S/l/64 15th October, 1957.
Your Ref. J,"/B:bh
Sir,
Your letter of 3rd Octobar, 19'i7, addressed to New Scotland
Yard has been passed to this Department for reply, and I a-n
directed by the 3ecretaj-y of .;)tate to enclose herewith two copies
each of the Dangerous Dru^s Act 1951 and the Dangsrous Drugs
Re.'Tulations. 1953 and 1957, the main legislative measures by
which dangerous diMgs are controlled, which it is hoped will be
of assistance to your Co.iimittee.
I am to say that a full exposition of the system of dangerous
drugs control was given by the then United Kingdom Representative
on the United Nations Cormission when he appeared before a Special
Committee of the Canadian Senate, His evidence appears on pages
297-311 of "Proceedings of the Special Committee on the Traffic in
ilarcotic Drugs in Cainada" printed at Ottawa in 1955 by the Queen's
Printer and Controller of Stationery.
For your immediate information, however, I am desired to
explain that in the United Kingdom there is no "registration" of
drug addicts and in their treatment of them doctors are free to
supply drugs direct to the patient or to prescribe them.
J. William Beard, Esq., Details/
Chairman,
Senate Interim Conmittee on I'arcotics,
California Legislature,
State Capitol,
Sacramento,
California,
U.S.A.
INTERIM COMMITTEE REPORT ON NARCOTICS 99
Details of supplies of dsaigerous drugs to patients come to
notice in many ways, but mainly (a) as a result of a check on
regular or apparently excessive purchases of drugs by a doctor
or (b) a^ a result of routine police inspections of local chemists'
shops and a report of regular supplies to patients on doctors'
prescriptions.
The former method sometimes discloses that the doctor himself,
or a member of his family, is involved and in such a case he is
urged to accept or arramge for independent medical treatment. In
severe cases, or where there is obstinate refusal by doctors to
co-operate with this Department, proceedings are sanetimes resorted
to for breaches of the Dangerous Drugs Regulations and, upon con-
viction by a Court, the authority conferred on the doctor by the
Regulations may be withdrawn. The main object of this is that
without his authority to possess daoigerous drugs the doctor is
ccmpelled to obtain legitimate supplies from a medicaLL colleague.
In the circximstances described at (b), enquiry is made of the
prescribing doctor to ascertain whether the case is one of pure
addiction or genuine medical necessity. The doctor concerned is
encouraged to use the minimum dose consistent with the needs of the
patient's treatment, and in a case of pure addiction, to attempt a
cure which may include the speciauList facilities available in
Nursing Homes and Hospitals or other institutional treatment.
The problem of addicts selling supplies obtained legitimately
does not arise on more than isolated occasions, for it has been
found generally that an addict who is receiving drugs on a doctor's
prescription' would be most reluctant to part with any of what is
usually a rather meagre supply. The latest edition of a Memorandum
on the duties of doctors and dentists is enclosed, and the
following figures of known addicts may interest you:-
Addicts
Tear Men Women Total
195^
148
169
317
1955
159
176
335
1956
165
170
333
I am. Sir,
Your obedient Servant,
APPENDIX E
THE NALLINE TEST ^
Nalline (X-allylnormorpliine) is often used by physicians to deter-
mine the presence or absence of a narcotic in a patient. Although a
narcotic, Nalline has little or no analgesic effect. It is an antagonist to
morphine and its derivatives and has three distinct clinical uses:
1. The prevention and treatment of respiratory depression in the
newborn.
2. The treatment of poisoning with narcotics.
3. The diagnosis of physical dependence (active addiction) on nar-
cotic drugs.
It has been demonstrated at the federal hospital at Lexington, that
Nalline when administered to a patient addicted to heroin, morphine,
dilaudid, or methadone will produce withdrawal symptoms within a
few minutes.
Nalline acts upon the central nervous system in such a way as to
abolish certain effects of narcotics. As a result, it can be used as final
proof of suspected narcotic addiction.
In 1956, 454 patients suspected of using an opiate were tested with
Nalline. The agencies that have used this test and the number of per-
sons tested are listed in the following table.
AGENCIES USSNG NALLINE TEST AND NUMBER OF TESTS PERFORMED IN 1956
Number of cases
Oaklaud Police Department 239
State of California Parole Officer 75
Alameda County Sheriff's Department — Santa Rita Rehabili-
tation Center 41
State of California Department of Motor Vehicles 12
Richmond Police Department 12
Alameda County Probation Office 58
State of California Bureau of Narcotic Enforcement 4
Hayward Police Department 4
San Leandro Police Department 2
Alameda County Public Defender's Office 1
Private attorneys 5
454
The technique of the test is simple. First a history is taken (this his-
tory will include the patient's story of addiction, which should be
viewed critically). A physical examination is made to rule out any
deviations from normal. The physician should note the presence or ab-
sence of needle marks. The arms, legs, hands, and feet are the primarj^
sites for marks; the abdominal wall, buttocks, scalp and nose are sec-
ondary choices. Tattoos over the anticubital fossa sometimes are placed
there to cover needle marks.
Permission to give the test, in the form of an authorization and
waiver, should be obtained from the patient. The form used is worded
as follows. It must be signed by the patient before two witnesses.
1. (Name of patient), do, of my own free will, hereby expressly authorize
(name of physician) and the (name of agency involved), or their authorized
agents, to administer an injection or injections of Nalline.
^ This medical description of Nalline is based on the article "Nalline, An Aid In
Detecting Narcotic Users" by James Terry, M.D., and Fred Braumaeller which
appeared in the November, 1956, publication of California Medicine.
(100)
INTERIM COMMITTEE REPORT ON NARCOTICS 101
It is iindorstoocl that such tests arc to he conducted for the purpose of
determiniiiR whether or not I am or may he under the influence of narcotics,
I frt>e]y and voluntarily suhniit to these tests which I believe are for my own
best interests.
I authorize the use of the results of these tests in any way which these
officials may feel is proper. I do hereby expressly exonerate (name of physi-
cian), (name of agency involved), and all their authorized agents from any
liability resultinfj from the administration of the above-named tests.
Signature of Patient
Next the diameter of the pupils of the patient's eyes are measured.^
Nalline is administered subeiitaneously in a dose of 3 mg. Thirty min-
utes later the diameter of the pupils is again measured. If the person
tested has not been using opicXtes the diameter is reduced by 0.5 mm.
to as much as 2 mm. In a person who has been using opiates occasionally
but who is not adtlieted, the pupils will remain unchanged in size. In
a person who is addicted, the diameter of the pupils will increase by
from 0.5 to 2 mm., the amount of increase depending upon the degree
of addiction. Associated with this pupillary dilation is the development
of withdrawal symptoms — gooseflesh, yawning, nausea and vomiting.
As soon as withdrawal symptoms in addition to dilation of pupils ap-
pear, dilaudid or morphine sulfate should be administered. Dilaudid,
8.0 mg., is given subcutaneously to patients who are addicted to heroin
or dilaudid. Morphine sulfate, 30.0 mg., is given subcutaneously to pa-
tients addicted to morphine sulfate. Administration of dilaudid or
morphine sulfate may be repeated in 20 to 30 minutes if there is further
distress. The observation of gross withdrawal symptoms should not be
depended upon for a diagnosis but should be avoided if possible.
To some degree patients themselves can control withdraAval symp-
toms. The pupillary response alone is an accurate, sufficient, and sensi-
tive index of narcotic addiction or of occasional use, or of the absence
of narcotics.
Sometimes when Nalline is given, a person who has not been using
opiates may have symptoms that resemble withdrawal symptoms. Per-
spiration, nausea, apathy and peripheral vasoconstriction have been
noted in such circumstances. One young female heroin addict who had
not been using heroin for some months developed symcope after receiv-
ing an injection of 5 mg. of Nalline. She recovered in 30 seconds with-
out treatment. In these Nalline reactions, in contrast to Nalline inter-
reacting with an opiate the pupils constrict. If the patient is uncom-
fortable from Nalline alone, a barbiturate is indicated. Nalline has
little if any effect in the patient who has been using either codeine or
meperidine.
Examples of the test follow :
Case 1. A 23-year-old white man who was an inmate of Santa Rita Re-
habilitation Center for five months was suspected of using heroin smuggled into
the institution. This man had a long history of heroin addiction beginning in
his late teens. There were no recent needle marks. He was given 3 mg. of
Nalline. Before the injection, the pupils were 3.5 mm. in diameter. Thirty min-
utes later they were 2 mm. He was released to duty, the test being negative.
Case 2. A 19-year-old boy was referred by the State of California Division
of Motor Vehicles. His driving license had been revoked because of addiction
^ The pupils are measured with a "pupillometer," which is a 1" x 3" card that contains
a series of solid black dots varying in diameter from one to five mm. W^ith a little
practice the size of the pupil can be measured to within 0.5 mm.
102 INTERIM COMMITTEE REPORT ON NARCOTICS
to heroin and he had served a two-year sentence at one of the Youth Authority
centers. He denied the use of any opiates since his discharge six months before.
There were a few recent needle marks over the right auticubital fossa. An
injection of 3 mg. of Nalline was given. The diameter of the pupils before the
injection was 4 mm. Thirty minutes later the measurement was the same. No
other withdrawal symptoms developed. When confronted with the positive
result of the test, he admitted taking three injections of heroin during the
previous week. His driving license was not restored.
Case 3. A 34-year-old white woman was referred by the State of California
Bureau of Narcotic Enforcement. She had a history of u.sing heroin occasionally
over the preceding two years. At one point a year ago, she stated, she was
addicted. She said she had not used any opiates for a number of weeks. There
were no recent needle marks. The pupils were 3 mm. in diameter before the
Nalline injection. Thirty minutes later they were 4 mm. When told that this
was a positive reaction, the patient admitted sniffing heroin two or three times
a week over the past two months. The last "sniff" was two days before the
test. No additiiuial withdrawal symptoms occurred.
Case 4- ^ 22-year-old white man was referred by the State of California
Parole Office. He stated that he had been a minimal user of heroin from IO.jO
to 1952. He was convicted on a burglary charge, served a period of 18 months
at a state penitentiary and had been on parole for seven months. The parole
officer, basing his opinion on the physical appearance of the parolee, felt that
the parolee was once again using heroin. This the parolee denied. The only
recent marks were on the dorsum of the right hand. Before an injection of
Nalline, the pupils were 3.5 mm. in diameter. Twelve minutes later they were
5 mm. The patient was perspiring a little and had gooseflesh on the upper
part of the back. He was mildly nauseated but there was no vomiting. Mor-
phine sulfate, 30 mg., was administered and the symptoms abated. The patient
then admitted privately that he had been taking morphine sulfate up to 0.3
mg. daily for the preceding three months. The reaction in this case is aii
example of the degree of response to Nalline in a person moderately addicted
to morphine.
Case 5. A 28-year-old Negro man volunteered to take the Nalline test. He
admitted freely that he was heavily addicted to heroin and had been so for
months. There were many old and recent marks on both arms. His last
injection of heroin had been taken 18 hours previously. He was given 3 mg.
of Nalline. The pupils before the injection were 3 mm. in diameter. Five minutes
later they were 5.5 mm. in diameter. The patient was yawning and had general-
ized gooseflesh. Nausea and vomiting immediately followed. He was given dilau-
did, 8.0 mg., which only partially controlled the symtoms. The dose was repeated
30 minutes later and the patient became comfortable. This case is an illustration
of a severe reaction to Nalline in a person heavily addicted to heroin.
The recommended dose of 3 mg. of Nalline is small but is large
enough to produce withdrawal symptoms in patients who are addicted.
Patients who are occasionally using an opiate, without addiction as
yet, will have a positive pupillary reaction to Nalline in a majority of
cases. A small proportion of cases will be missed, but, more important,
Nalline in this amount can be given safely.
Nalline ^ has proved to be a helpful and safe procedure in diagnosing
narcotic use and addiction. The physician can protect himself and be
of specific service to his state, county and city narcotic officers by
^ California law provides that a physician may prescribe, furnish, or administer nar-
cotics to a patient wlien the patient is suffering from a disease or injury attend-
ant upon old age, otlier tlian narcotic addiction. In addition, a physician may
prescribe, furnish or administer narcotics when, in good faith, he believes the
disease or injury ''requires sucli treatment." However, when acting under tlie good-
faith belief that narcotics are required, tlie law specifies that he shall only pre-
scribe, furnish or administer narcotics "in such quantity and for sucli length of
time as are reasonably necessary." It is to be noted that narcotic addiction may
not be treated under tlie above-listed authorizations. California law provides that
narcotic addiction may only be treated in an institution approved by the Board
of Medical Examiners, in a jail or prison, in a state narcotic hospital, or in a
state or county hospital. To this legal limitation on treatment for addiction there
is one exception, as follows : This section does not apply during emergency treat-
ment or where the patient's addiction is complicated by the presence of incurable
disease, serious accident or injury, or the infirmities of old age.
INTERIM COMMITTEE REPORT ON NARCOTICS 103
using this test. The patient who plibly describes symptoms for which
narcotics are indicated, or who directly asks for them for a not easily
diagnosed malady should most certainly be considered for a Nalline
test.
SAMPLE RECORD KEPT OF EACH ADDICT TESTED BY NALLINE
IN ALAMEDA COUNTY
MEDICAL REPORT
Suspected User of Narcotic Drug
Parole Prob.
Date tested Yes No Yes No-
Parole/Prob. officer
Name : Address :
Age: Sex: Race: Married or single: Occupation:
Arrest date: Location of arrest:
Location of examination: Doctor making examination:
Narcotic History
Does patient admit use of narcotics: What type:
Date patient first used: Largest amount used daily:
Last two dates narcotics were used :
Day Month Year Amount Paper/Cap
Day Month Year Amount Paper/Cap
Location last used Method used: Hype Oral Inhalation _.
Scars :
Right arm Inner elbow Above inner elbow Below inner elbow Wrist__ Hand-
Outside arm__ Other areas How many fresh scars
Left arm Inner elbow Above inner elbow Below inner elbow Wrist Hand-
Outside arm__ Other areas How many fresh scars
Witness
Physical Examination
B.P. : Pulse : Respiration :.
Chest: Abdomen: NS :
Needle marks or scars :
(Describe fully)
Is Nalline contraindicated :
Eyes: Pupils AC Nalline PC Nalline Time-
Nalline Treatment Time-
Injection : Dose
Results: Yawning Pupillary dilation:
Gooseflesh Vomiting Other
Is treatment positive :
Morphine sulfate : mg. Time :
Remarks :
Signed : M.D.
APPENDIX F
CHAPTER 2129, STATUTES OF 1959
Assembly Bill No. 2276
Passed the Assembly June 9, 1959
Passed the Senate June 19, 1959
CHAPTER 2129
An act to add Sections 11728, 11729, and 11730 to the Health and
Safety Code, relating to the rchahilitation and testing of 7iarcotic
addicts, and making an appropriation therefor.
The people of the State of California do enact as follows:
Section 1. Section 11728 is added to the Health and Safety Code,
to read :
11728. The rehabilitation of narcotic addicts and the prevention of
continued addiction to narcotics is a matter of statewide concern. It is
the polic}' of the State to encourage each county and city and county to
make use of synthetic opiate anti-narcotics in action and other testing
procedures to determine narcotic addiction or the absence thereof, and
to foster research in means of detecting the existence of narcotic addic-
tion and in medical methods and procedures for that purpose.
Sec. 2. Section 11729 is added to said code, to read :
11729. The Department of Justice is directed to promote and spon-
sor the use by agencies of local government of the provisions of this
article. The department may assist such agencies to establish facilities
for, and to train personnel to conduct testing procedures pursuant to
Section 11722, and may conduct demonstrations thereof for limited
periods. For these purposes the department may procure such medical
supplies, equipment, and temporary services of physicans and qualified
consultants as may reasonably be necessary. Subject to the availability
of funds appropriated for the purpose, the department may contract
with any county or cit}' and county which undertakes to establish facili-
ties and a testing program pursuant to Section 11722, and such con-
tract ma}'- provide for payment by the State of such costs of initially
establishing and demonstrating such program as the department may
approve.
Sec. 3. Section 11730 is added to said code, to read :
11730. The Department of Justice shall provide for such records,
studies and research as may be necessary to evaluate the functional
efficacy of this article as a method of treatment, rehabilitation and con-
trol of narcotic addicts and the use of diagnostic drugs and other test-
ing procedures in such treatment. The department shall submit a report
to the Legislature concerning the effect of this article in operation at
the commencement of each session of the Legislature.
Sec. 4. There is hereby appropriated to the Department of Justice
out of the General Fund in the State Treasury the sum of fifty thou-
sand doHars (-1^50,000) to be expended during the 1959-60 Fiscal Year,
for the rehabilitation, testing, and control of narcotic addicts as pro-
vided in Sections 11723 to 11725, inclusive, of the Health and Safety
Code.
(104)
APPENDIX G
LOS ANGELES POLICE DEPARTMENT STATISTICS ON NARCOTICS
STATISTICS UNIT
LOS ANGELES POLICE DEPT.
NARCOTICS
800
Dec. 31 Dec. 31
1950 1951
Juvenile arrests-- 107 216
Adult arrests 2021 2083
Population-- 1,970,358
Dec. 31
1952
231
2652
Dec. 31 Dec. 31
1953 1954
330 378
3606 4191
Dec. 31
1955
608
4464
Dec. 31 June Dec. 31
1956 30 1957
816 373
4787 2850
2,347,736
APPENDIX H
CHAPTER 1112, STATUTES OF 1959
Assembly Bill No. 1801
Passed the Assembly May 8, 1959
Passed the Senate June 8, 1959
CHAPTER 1112
An act to repeal Sections 11501, 11502, 11712, 11713 and 11714 of, and
to amend Sections 11500, 11530, 11557, 11715.5 and 11715.6 of, and
to add Sections 11003.1, 11501, 11502, 11503, 11531, 11532 to the
Health and Safety Code and to add a new Article 2.5 ( commericing
with Section 11540) to Chapter 5 of Division 10 of said code, relating
to narcotics, declaring the urgency thereof, to take effect immediately.
The people of the State of California do enact as follows:
Section 1. Sections 11501, 11502, 11712, 11713, and 11714 of the
Health and Safety Code are hereby repealed.
( 105 )
106 INTERIM COMMITTEE REPORT ON NARCOTICS
Sec. 2. Section 11003.1 is added to the Health and Safety Code, to
read:
11003.1. "Marijuana" as used in this division means all parts of the
plant Cannabis sativa L. (commonly known as marijuana), M'hether
growing or not ; the seeds thereof ; the resin extracted from any part of
such plant ; and every compound, manufacture, salt, derivative, mixture,
or preparation of such plant, its seeds or resin.
Sec. 3. Section 11500 of the Health and Safety Code is amended to
read :
11500. Except as otherwise provided in this division, every person
who possesses any narcotic other than marijuana except upon the
written prescription of a physician, dentist, chiropodist, or veterinarian
licensed to practice in this State, shall be punished by imprisonment in
the county jail for not more than one year, or in the state prison for not
more than 10 years.
If such a person has been previously convicted of any offense de-
scribed in this division or has been previously convicted of any offense
under the laws of any other state or of the United States which if com-
mitted in this State would have been punishable as an offense described
in this division, the previous conviction shall be charged in the indict-
ment or information and if found to be true by the jury, upon a jury
trial, or if found to be true by the court, upon a court trial, or is ad-
mitted by the defandant, he shall be imprisoned in the state prison for
not less than two years nor more than 20 years.
Sec. 4. Section 11501 is added to said code, to read :
11501. Except as otherwise provided in this division, every person
who transports, imports into this State, sells, furnishes, administers or
gives away, or offers to transport, import into this State, sell, furnish,
administer, or give away, or attempts to import into this State or trans-
port any narcotic other than marijuana except upon the written pre-
scription of a physician, dentist, chiropodist, or veterinarian licensed to
practice in this State shall be punished by imprisonment in the county
jail for not more than one year, or in the state prison from five years to
life.
If such a person has been previously convicted of any offense de-
scribed in this division or has been previously convicted of any offense
under the laws of any other state or of the United States which if com-
mitted in this State would have been punishable as an offense described
in this division, the previous conviction shall be charged in the indict-
ment or information and if found to be true by the jury, upon a jury
trial, or if found to be true by the court, upon a court trial, or is ad-
mitted by the defendant, he shall be imprisoned in a state prison from
10 years to life.
Sec. 5. Section 11502 is added to said code, to read :
11502. Every person who in any voluntary manner solicits, induces,
encourages, or intimidates any minor with the intent that said minor
shall violate any provision of this division, or who hires, employs, or
uses a minor in unlawfully transporting, carr.ying, selling, giving away,
preparing for sale or peddling any narcotic other than marijuana or
who unlawfully sells, furnishes, administers, gives, or offers to sell,
furnish, administer, or give, any narcotic other than marijuana to a
INTERIM COMMITTEE REPORT ON NARCOTICS 107
minor shall be punished by imprisonment in the state prison not less
than five years.
If such a person has been previously convicted of any offense de-
scribed in this division or has been previously convicted of any offense
under the laws of any other state or of the United States which if com-
mitted in this State would have been punishable as an offense described
in this division, the previous conviction shall be charged in the indict-
ment or information and if found to be true by the jury, upon a jury
trial, or if found to be true by the court, upon a court trial, or is ad-
mitted by the defendant, he shall be imprisoned in the state prison for
not less than 10 years.
Sec. 6. Section 11503 is added to said code, to read :
11503. Every person who agrees, consents, or in any manner offers
to unlawfully sell, furnish, transport, administer, or give any narcotic
to any person, or offers, arranges, or negotiates to have any narcotic
unlawfully sold, delivered, transported, furnished, administered, or
given to any person and then sells, delivers, furnishes, transports, ad-
ministers, or gives, or offers, arranges, or negotiates to have sold,
delivered, transported, furnished, administered, or given to any person
any other liquid, substance, or material in lieu of any narcotic shall be
punished by imprisonment in the county jail for not more than one
year, or in the state prison for not more than 10 years.
Sec. 7. Section 11530 of said code is amended to read:
11530. Every person who plants, cultivates, harvests, dries, or proc-
esses any marijuana, or any part thereof, or who possesses any mari-
juana, except as otherwise provided by law, shall be punished by
imprisonment in the county jail for not more than one year, or in the
state prison for not more than 10 years.
If such person has been previously convicted of any offense described
in this division or has been previously convicted of any offense under
the laws of any other state or of the United States which if committed
in this State would have been punishable as an offense described in
this division, the previous conviction shall be charged in the indict-
ment or information and if found to be true by the jury, upon a jury
trial, or if found to be true by the court, upon a court trial, or is
admitted by the defendant, he shall be imprisoned in the state prison
for not less than two years nor more than 20 years.
Sec. 8. Section 11531 is added to said code, to read :
11531. Every person who transports, imports into this State, sells,
furnishes, administers or gives away, or offers to transport, import into
this State, sell, furnish, administer, or give away, or attempts to import
into this State or transport any marijuana shall be punished by im-
prisonment in the county jail for not more than one year, or in the
state prison from five years to life.
If such a person has been previously convicted of any offense de-
scribed in this division or has been previously convicted of any offense
under the laws of any other state or of the United States which if com-
mitted in this State would have been punishable as an offense described
in this division, the previous conviction shall be charged in the indict-
ment or information and if found to be true by the jury, upon a jury
trial, or if found to be true by the court, upon a court trial, or is
108 INTERIM COMMITTEE REPORT ON NARCOTICS
admitted by the defendant, he shall be imprisoned in a state prison
from 10 years to life.
Sec. 9. Section 11532 is added to said code, to read:
11532. Every person who hires, employs, or uses a minor in unlaw-
fully transporting-, carrying, selling:, giving away, preparing for sale
or peddling any marijuana, or who unlawfully sells, furnishes, admin-
isters, gives, or offers to sell, furnish, administer, or give, any mari-
juana to a minor, is guilty of a felony punishable by imprisonment in
the state prison for not less than five years.
If such a person has been previously convicted of any offense de-
scribed in this division or has been previously convicted of any offense
under the laws of any other state or of the United States which if com-
mitted in this State would have been punishable as an offense described
in this division, the previous conviction shall be charged in the indict-
ment or information and if found to be true by the jury, upon a jury
trial, or if found to be true by the court, upon a court trial, or is ad-
mitted by the defendant, he shall be imprisoned in the state prison for
not less than 10 years.
Sec. 10. Article 2.5 (commencing with Section 11540) is added to
Chapter 5 of Division 10 of said code, to read:
Article 2.5 Lophophora
11540. Every person who plants, cultivates, harvests, dries, or proc-
esses any plant of the genus Lophophora, also known as peyote, or any
part thereof shall be punished by imprisonment in the county jail for
not more than one year, or in the state prison for not more than 10
years.
If such a person has been previously convicted of any offense de-
scribed in this division or has been previously convicted of any offense
under the laws of any other state or of the United States which if
committed in this State would have been punishable as an offense de-
scribed in this division, the previous conviction shall be charged in the
indictment or information and if found to be true by the jury, upon a
jury trial, or if found to be true b}' the court, upon a court trial, or is
admitted by the defendant, he shall be imprisoned in the state prison
for not less than two years nor more than 20 years.
Sec. 11. Section 11557 of said code is amended to read:
11557. Every person who opens or maintains any place for the
purpose of unlawfully selling, giving- away or using any narcotic shall
be punished by imprisonment in the county jail for not more than
one year, or in the state prison for not more than 10 years.
If such a person has been previously convicted of any offense de-
scribed in this division or has been previously convicted of any offense
under the laws of any other state or of the United States which if com-
mitted in this State would have been punishable as an offense described
in this division, the previous conviction shall be charged in the indict-
ment or information and if found to be true by the jurj^, upon a jury
trial, or if found to be true by the court, upon a court trial, or is ad-
mitted by the defendant, he shall be imprisoned in the state prison
for not less than two years nor more than 20 years.
Sec. 12. Section 11715.5 of said code is amended to read :
11715.5. When there is reason to believe that any person arrested
for violation of Sections 11500, 11501, 11502, 11503, 11530, 11531,
INTERIM COMMITTEE REPORT ON NARCOTICS 109
11532, 11540, 11557, 11715, or 11721, may not be a citizen of the United
States, the arresting agency shall notify the appropriate agency of the
United States having charge of deportation matters.
Sec. 13. Section 11715.6 of said code is amended to read :
11715.6. In no case shall any person convicted of violating Sec-
tions 11500, 11501, 11502, 11503, 11530, 11531, 11532, 11540, 11557,
or 11715, or of committing any offense referred to in those sections, be
granted probation by the trial court, nor shall the execution of the
sentence imposed upon such person be suspended by the court, if such
person has been previously convicted of any offense described in this
division except Section 11721, or has been previously convicted of any
offense under the laws of any other state or of the United States which
if committed in this State would have been punishable as an offense
described in this division except Section 11721.
Sec. 14. The provisions of this act shall become operative on July
1, 1959.
Sec. 15. This act is an urgency measure necessary for the immedi-
ate preservation of the public peace, health or safety within the mean-
ing of Article IV of the Constitution and shall go into immediate effect.
The facts constituting such necessity are :
The amendments to the Health and Safety Code that are made by
this act are designed to clarify the law relating to narcotic offenses and
to facilitate the enforcement thereof. The protection of the public
against narcotic offenders is of vital and immediate importance, and it
is essential that the changes made in the law by this act become effec-
tive at the earliest possible date.
APPENDIX I
Chapter 736, Statutes of 1959
Assembly Bill No. 1186
Passed the Assembly Maj' 15, 1959
Passed the Senate' May 13, 1959
CHAPTER 736
An act to amend Section 11001 of the Health and Safety Code,
relating to narcotics.
The people of the State of California do enact as follows:
Section 1. Section 11001 of the Health and Safety Code is amended
to read :
11001. ''Narcotics," as used in this division, means any of the fol-
lowing, whether produced directly or indirectly by extraction from sub-'
stances of vegetable origin, or independently by means of chemical syn-
thesis, or by a combination of extraction and chemical synthesis :
(a) Cocaine and coca leaves.
(b) Opium.
(c) Morphine.
(d) Codeine.
(e) Heroin.
(f ) Alpha eucaine.
(g) Beta eucaine.
110 INTERIM COMMITTEE REPORT ON NARCOTICS
(h) All parts of the plant Cannabis sativa L. (commonly known as
marijuana), whether growing or not; the seeds thereof; the resin ex-
tracted from an}' part of such plant; and every compound, manufac-
ture, salt, derivative, mixture, or preparation of such plant, its seeds
or resin ; except as otherwise provided by law.
(i) Isonipecaine. "Isonipecaine" shall mean any substance identi-
fied chemically as l-methyl-4-phenyl-piperidene-4-carboxylic acid ethyl
ester, or any salt thereof, by whatever trade name designated.
(j) Amidone. "Amidone" shall mean any substance identified
chemically as 4,4-diphenyl-6-dimethylamino-heptanone-3, or any salt
thereof by whatever trade name designated.
(k) Any substance decreed to be a narcotic as provided by Section
11002.1.
(l) All parts of the plant of the genus Lophophora whether growing
or otherwise; the buttons thereof, the alkaloids extracted from any
such plant; and eveiy compound, salt, derivative, mixture or prepara-
tion of such plant.
(m) Dromoran. "Dromoran" shall mean any substance identified
chemically as dl-3-hydroxy-N-methylmorphinan, 1-3-hydroxy-N-methyl-
morphinan (but excepting d-3-hydroxy-N-methylmorphinan), dl-3-
methoxy-N-methylmorphinan, or 1-3-methoxy-N-methylmorphinan (but
excepting d-3-methoxy-N-methylmorphinan), or any salt thereof by
whatever trade name designated.
(n) Nisentil. "Xisentil" shall mean any substance identified chem-
ically as a-l,3-dimethyl-4-phenyl-4-propionoxypiperidine or any salt
thereof by whatever trade name designated.
(o) Ketobemidone. "Ketobemidone" shall mean any substance
identified chemically as 4-(3-hydroxyphenyl)-l-methyl-4-piperidyl
ethyl ketone or any salt thereof by whatever trade name designated.
(p) Isoamidone. "Isoamidone" shall mean any substance identified
chemically as 4,4-diphenyl-5-methyl-6-dimethylaminohexanone-3.
(q) Bemidone. "Bemidoue" shall mean any substance identified
chemically as l-methyl-4-metahydroxy-pheu3'l-piperidine-4-carboxylic
acid ethyl ester.
(r) Any substance identified chemically as a-3-ethyl-l-methyl-4-
phenyl-4-propionoxypiperidine.
(s) Any substance identified chemically as beta-3-ethyl-l-methyl-4-
phenyl-4-propionoxvpiperidine.
(tj N.I.H.-2933. ' "N.I.H.-2933" shall mean any substance identified
chemically as 6-dimethylamino-4,4-dipheuyl-3-heptanol.
(u) N.I.H.-2953. "N.I.H.-2953" shall mean any substance identi-
fied chemically as 6-dimethylamino-4,4-diphenyl-3-acetoxyheptane.
(v) CB-11. "CB-11" shall mean any substance identified chem-
ically as 6-morpholino-4,4-diphenyl-3-lieptanone (also known as Hepta-
zone or Heptalgin) .
(w) Alpha-acetylmethadol. "Alpha-acetylmethadol" shall mean
any substance identified chemically as a-6-dimethylamino-4,4-diphenyl-
3-acetoxyheptane.
(x) Alpha-methadol. "Alpha-methadol" shall mean any substance
identified chemically as a-6-dimethylamino-4,4-diphenyl-3-heptanol.
INTERIM COMMITTEE REPORT ON NARCOTICS 111
(y) Beta-acetylmethaclol. "Beta-acetylmethadol" shall mean any
substance identified chemically as P-6-(limethy]amino-4,4-diphenyl-3-
acetoxyheptane.
(z) Any substance identified chemically as 3-dimethyUimino-l,l-
di (2-thienyl ) -1-butene.
(aa) Any substance identified chemically as 3-ethylinethylamino-l,l-
di (2-thienyl) -1-butene.
(bb) Any substance identified chemically as 4,4-diphenyl-6-dimethyl-
amino-3-hexanone.
(cc) Piperidyl methadone. ''Piperidyl methadone" shall mean any
substance identified chemically as 4,4-diphenyl-6-piperidino-3-heptanone.
(dd) Any substance identified chemically as isopropyl l-methyl-4-
phenylpiperidine-4-carboxylate.
(ee) Dietliylthiambutene. "Diethylthiambutene" shall mean any
substance identified chemically as 3-diethylamino-l,l-di (2-thienyl) -1-
butene.
(flp) Any substance identified chemically as l,3-diamethyl-4-phenyl-4-
propionoxy-hexamethyleneimine.
(gg) Any substance identified chemically as ethyl 2,2-diphenyl-4-
morpholino-butyrate.
(hh) Anileridine. "Anileridine" shall mean any substance identi-
fied chemically as ethyl l-[2-(p-aminophenyl)-ethyl]-4-phenylpiperi-
dine-4-carboxylate.
(ii) Morpheridine. "Morpheridine" shall mean any substance iden-
tified chemically as l-(2 morpholinoethyl)-4-carbethoxy-4-phenylpiperi-
dine.
( jj ) Palfium. ' ' Palfium ' ' shall mean any substance identified chemi-
cally as d-2,2-diphenyl-3-methyl-4-morpholinobutyryl-pyrrolidine.
(Idv) Any compound, manufacture, salt, derivative, or preparation of
opium, isonipecaine, coca leaves, or opiate.
(II) Any substance (and any compound, manufacture, salt, deriva-
tive, or preparation thereof) which is chemically identical with any of
the substances referred to in the foregoing subdivisions.
APPENDIX J
RESULTS OF QUESTIONNAIRES SENT BY SENATE NARCOTICS COMMITTEE
TO ATTORNEY GENERALS IN OTHER STATES
During the 1957-1959 interim period, the California Senate Commit-
tee on Narcotics sent cpiestionnaires to the attorney generals of other
states requesting information concerning narcotic problems within their
states. The following questions were included :
(1) Has the state any reports from special legislative committees
established to investigate narcotic problems in the state?
(2) Is there a special state agency established to handle the narcotics
problem? If so, is its principal function of a law enforcement
nature or does it also include the educational, psychological, and
medical aspect?
(3) Is there a nalline test program in your state, and if so, is it
operating on a state, county, or city level of government? How
is it financed? To what extent is it used (i.e. as a condition of
probation or parole, etc.) ?
112 INTERIM COMMITTEE REPORT ON NARCOTICS
(4) Is there a compulsory educational program in your public
schools designed to teach students the dangers of narcotics ? How
is such a program presented? In what grade is it commenced
and for what duration does it exist ?
(5) Do 3-0U have statutory law on the search and seizure of nar-
cotics with or without the use of search warrants as distin-
guished from the search and seizure of other properties ?
(6) Do 3'ou require addicts to register with a state agency?
(7) Do you maintain a central information file concerning narcotic
law offenders, agents, etc. ?
(8) Is there or has there ever been a clinical type of treatment
offered to addicts; if so is it on an outpatient or hospital basis?
What have been the results of such treatment?
(9) To what extent do you consider narcotic addiction a juvenile
problem ?
(10) What is the extent of your narcotics problem?
The results of these questionnaires are listed on the following pages.
RESULTS OF QUESTION I
I. Reports and recommendations from special legislative committees investi-
gating the narcotics problem.
Arkansas
Copy Uniform Narcotic Drug Act adopted in 1937.
Connecticut
Copy Uniform Narcotic Drug Act (1955).
Copy Narcotics Education — Bulletin 53 (1952).
Copy of brochure by Conn. Dept. of Health.
Florida
Copy Uniform Narcotic Drug Act.
Georgia
Copy Pharmacy Laws State of Georgia.
Illinois
Copy Illegal Narcotics — A Pattern of Evil by Narcotics and Dangerous Drug In-
vestigation Commission.
Copy of legislation introduced as result of the investigation and enacted into law
in 1957.
Indiana
Copy A Course of Study on Effects of Alcoholic Beverages, Tobacco, Sedatives
and Narcotics Upon the Human Body.
Kentucky
Copy Kentucky Narcotic Drugs Act (1958).
Copy Kentucky Narcotic and Barbiturate Laws and Regulations.
Louisiana
Report and recommendations from a special legislative committee on narcotics is
to be presented at the ne.xt regular session, convening May 11, 1958.
Copy state law regarding penalties.
Copy of article re addict reduction from The Times Picayune, 2/27/58.
Massachusetts
Copy Report of the Special Commission relative to the sale, furnishing, delivery,
exchange and use of narcotic drugs within the Commonwealth (1954).
Copy Narcotic Drug Law (1957).
Copy Drug Addiction Report.
Ohio
Copy Ohio statutes relative to manufacture, sale and possession of narcotic drugs.
INTERIM COMMITTEE REPORT ON NARCOTICS 113
Oklahoma
Suhcoinmittee of the Committee on Public Health and Welfare will report for
next Legislature, convening in 1959.
Copy House Bill No. 517; requiring registration of addicts to the use of regu-
lated drugs ; defining terms "addict" and "regulated drug" ; fixing penalties for
violations of act ; and declaring an emergency.
Tennessee
1957 General Assembly authorized investigation of narcotic violations by Tennes-
see Bureau of Identification. No report has been published.
Texas
Hearings on the subject held by Senator Daniel in 195.5 — no report published.
Copy State of Texas Narcotic Laws.
Utah
Copy of Uniform Narcotic Drug Act as amended 1957.
Copy of Laws Affecting Pharmacists.
Washington
Copy Uniform Narcotic Drug Act.
RESULTS OF QUESTION II
II. If there is a special state agency established to handle this problem, is its
principal function of a law enforcement nature or does it also include
the educational, psychological and medical aspects?
Alabama
Narcotic control comes under jurisdiction of Health Dept.
Connecticut
The Division of Narcotics of the Bureau of Preventable Diseases of the State
Department of Health was established in 1935. The function of the division is
investigative and educational work with assistance to law enforcement agencies
and physicians in controlling the narcotic drug problem.
Florida
State Board of Health, administered under Bureau of Narcotics. Principal func-
tion is law enforcement, also medical aspects inasmuch as under Section 398.19
patients may be committed to state hospitals connected with prison system.
Georgia
State Board of Pharmacy maintain enforcem.ent office.
Illinois
Created in the Dept. of Public Safety, the Division of Narcotic Control. Primary
function is of law enforcement, but does include educational and some medical
aspects.
Indiana
No special agency. The State Police Dept. has one oflScer whose primary assign-
ment is narcotics law enforcement.
Iowa
The Iowa Pharmacy Examiners are charged with law enforcement only.
Kentucky
In the Kentucky State Dept. of Llealth, the Division of Investigation and Nar-
cotic Control is charged with investigation and enforcement of the Medical Prac-
tice Act, Narcotic, Barbiturate Laws and Regulations and it includes educational,
physiological and medical aspects.
Louisiana
General.
Maine
None.
Massachusetts
The Division of Food and Drugs, Dept. of Public Health. Principal function is law
enforcement.
Montana
None. It is handled on a local basis by local law enforcement agencies.
New Hampshire
No special state agency.
114 INTERIM COMMITTEE REPORT ON NARCOTICS
New Mexico
No special agency.
North Carolina
State Bureau of Investigation has initial, but not exclusive jurisdiction. One agent
responsible for Eastern Division and one for Western Division. These investiga-
tions are co-ordinated with other state agencies when they relate to particular
professions, such as medicine, pharmacy, etc. State Bureau of Investigation
functions as a law enforcement group, but does conduct lectures at schools, etc.
North Dakota
None.
Ohio
State Pharmacy Board is charged with enforcement.
Oklahoma
Division of Narcotic Enforcement is charged with the responsibility of enforce-
ment and giving aid and assistance to other enforcement agencies of the state,
but it does not include the educational, psychological and medical aspects.
Oregon
None. All officers, agents or inspectors authorized to enforce the liquor laws are
empowered also to enforce narcotics laws.
Pennsylvania
The Addictive Diseases Division, Narcotic Control, of the Dept. of Health is
specifically established to deal with the narcotic problem. The functions include
education, assistance toward treatment and rehabilitation and enforcement.
Tennessee
Bureau of Identification. Strictly an enforcement agency.
Texas
There is a special state agency established to handle this problem ; its principal
function is of a law enforcement nature. There are other state boards that deal
with specific problems other than over-all enforcement ; such as, health dept.,
state hospital board, boards for examination and control of nurses, doctors,
dentists, etc., board of pharmacy, parole board, etc.
Utah
Dept. of Business Regulation, Inspection Division. Principal function is law en-
forcement.
Washington
Narcotic enforcement at the state level is vested in the State Board of Pharmacy.
West Virginia
None.
Wisconsin
No special state agency. To some extent the State Crime Laboratory, the Board
of Medical Examiners, the Pharmacy Board and the Dept. of Nursing have some
activity.
Wyoming
The Board of Medical Examiners attempts to handle narcotic problems with par-
ticular reference to those involving physicians and/or their patients.
RESULTS OF QUESTION ill
III. Is there a Nalllne test program in your state and if so, is it operated on
a state, county or city level of government? Hov/ it is financed? To what
extent is it used, i.e., as a condition of probation or parole, etc.?
Connecticut
No Nalline test program in our State.
Delaware
No.
Florida
No Nalline test program. Would appreciate receiving information pertaining to
this program.
Georgia
No Nalline test. If you have any literature on this test, we would appreciate
INTERIM COMMITTEE REPORT ON NARCOTICS 115
Illinois
The new Illinois laws dictate that Nalline or comparable testing programs are
to be established by the Division of Narcotic Control. These will be operated
at a state level and financed by state funds. This latter point we will attempt
to change and have as much of it financed by city and county governments as
possible, at the next session of the Legislature. At the present time, we have
not established any Nalline clinics, but it is contemplated that the clinics will
be used in conjunction with a condition of probation and parole.
Indiana
A Nalline test program is not set up in our state, however, the drug is used for
detection and cure in our state institutions which receive narcotic addicts.
Iowa
No Nalline test program in this State.
Kansas
We do not have a Nalline test.
Louisiana
There is a Nalline test program. Our law does not permit parole.
Massachusetts
No Nalline test program.
Montana
No information regarding use of Nalline tests in Montana.
New Hampshire
No Nalline test in New Hampshire.
New Mexico
No
North Carolina
None, nor are there any provisions for the adoption of such a program at this
time.
Oklahoma
Not a Nalline test program in this State.
Oregon
No
Pennsylvania
At present the Nalline test is not utilized in any manner.
Tennessee
There is no Nalline test program in this State.
Texas
We do not use the Nalline test program.
Utah
No.
Washington
At the present time no Nalline test program has been set up. When it is it will
likely be on a city-county level.
West Virginia
No.
Wisconsin
There is no Nalline test program in operation here. However, in Milwaukee
County addicts on probation are required to furnish urine specimens at irregular
intervals and these are analyzed by the State Crime Laboratory for evidence of
addiction.
Wyoming
No.
116 INTERIM COMMITTEE REPORT OX NARCOTICS
RESULTS OF QUESTION IV
IV. Is there a compulsory educational program in your public schools de-
signed to teach students the dangers of narcotics? How is such a program
presented? In what grade is it commenced and for what duration does
it exist?
Alabama
Instructions on narcotics is required in schools by Title 52, Sections 536 and 537.
Connecticut
There is a compulsory educational program in the state school system. Theo-
retically it starts at the third grade and continues through the high school
level. A program for education has been outlined by the State Dept. of Educa-
tion to be integrated into the hygiene and health courses of the secondary schools
(bulletin enc.)
Delaware
No.
Florida
None. However, as in all public health work education it is an important
part of the activities of this bureau. During the year 60 talks and demonstra-
tions were made before such groups as phy.sicians, pharmacii^ts, nurses, P.T.A.,
school, civic and church organizations. Pamphlets were distributed, articles re-
leased to the newspapers and radio and television appearances made. Public
response and co-operation has been excellent at both the professional and law
level. Most of the talks given to teenagers begin at high srhool graduating age
and extend through college. The number of talks on narcotics and films shown
during the year were to health education classes.
Georgia
No.
Illinois
Yes. The compulsory educational program in our public schools combines the
teaching of the dangers of narcotics with the subjects of alcohol and other
drugs. This program is commenced in the fourth grade of elementary schools
and continues through the first grade of high school. In these grades not less
than four lessons per week are required for a 10-week period in one school year.
It should be noted that this portion of the educational program is not enforced
by our State Superintendent of Public Instruction, as it is his feeling and the
feeling of the commission, that narcotics and where it is taught it is probably
abused and not helpful, in that the people who are teaching do not fully under-
stand the problems involved.
Indiana
Chapter 213 of the Acts of 1947 provides for compulsory education in the
high schools and grade schools of the state on the subject of alcohol, tobacco,
sedatives and narcotics. The enclosed pamphlet is distributed by the Superintend-
ent of Public Instruction for use in the public schools to implement the provisions
of the above mentioned act. Instruction on the effects of these dangerous concoc-
tions is presented in conjunction with health and safety classes in grades four
through eight of the public schools. A separate high school course is also offered
covering the effects alcoholic drinks, tobacco, sedatives and narcotics have on the
human system.
Iowa
The law requires an educational program on narcotics.
Kansas
Yes. It is included in the educational outline of the elementary school physical
education courses.
Kentucky
No.
Louisiana
State law requires, but no program has ever been presented.
Massachusetts
No compulsory educational program designed to teach students the dangers of
narcotics.
INTERIM COMMITTEE REPORT ON NARCOTICS 117
Montana
We have no compulsory educational program on narcotics in our public schools,
however, we in Great Falls, through our I'olice Juvenile Division, lecture to the
junior and high school students and educators of the dangers of narcotics.
New Hampshire
There is a compulsory education program in the public schools starting in the
seventh grade. The presentation of said program is left to the discretion of the
individual schools and the program to a greater or lesser extent continues through
Grade 12 in the discretion of the individual secondary school.
New Mexico
No.
North Carolina
In addition to health education, thorough and scientific instruction is given in the
subject of alcoholism and narcoticism as required by law.
Ohio
No compulsory educational program in Ohio in the public schools although there
has been some time devoted to the problem by individual schools and instructors
on a purely optional basis.
Oklahoma
No compulsory narcotic education program.
Oregon
No.
Pennsylvania
Education in the dangers associated with the use of narcotics is a compulsory
part of the curriculum of junior and senior high schools. The manner in which
this program is presented is left to the discretion of the local school superintend-
ent. It may be taught as a part of health education, biology, as a home room sub-
ject, or as a combination of these. The subject is not specifically designated to
start in any particular grade but one period during junior high school and one
during senior high school must be devoted to this program. It is noted that this
is more often taught as a part of the program for the eleventh grade.
Wisconsin
Statutes provide physiology and hygiene, sanitation, the effects of stimulants and
narcotics upou the human system, symptoms of disease and the proper care of the
body, shall be taught for one-half of the school year in either the sixth, seventh
or eighth grade, but no pupil shall be required to take such instruction if the
parents file with the teacher a written objection thereto.
Wyoming
The effects of alcohol and narcotics stimulants must be taught in all public
schools. The subject is taught in regular programs in health, and many schools
cover the subject in social science programs. There is no definite time when we
designate instruction in alcoholic or narcotics into the general program.
RESULTS OF QUESTION V
V. Do you have statutory law on the search and seizure of narcotics with or
without the use of search warrants as distinguished from the search and
seizure of other properties?
Connecticut
Search and seizure law (Sec. 3972 Uniform Narcotic Drug Act).
Florida
This is covered under Uniform Narcotic Drug Law.
Georgia
If you desire to search a residence in the State of Georgia, it will be necessary
to secure a search warrant and state for what you are searching. In a place of
business, as a drug store, apothecary or wholesale house, no search warrant is
necessary for our inspectors.
Illinois
Officers and employees of the division shall have power and authority, without
a warrant, to enter and examine all buildings, vessels, cars, conveyances, vehicles
or other structures or places, and to open and examine any box, barrel, parcel,
package or other receptacle in the possession of any common carrier, which they
118 INTERIM COMMITTEE REPORT ON NARCOTICS
have reason to believe contains nai-cotic drugs manufactured, bought, sold, shipped
or had in possession contrary to any of the provisions hereof, or that the re-
ceptacle containing the same is falsely labeled.
Officers and employees of the division shall be given free access to and shall not
be hindered or interfered with in their examination of buildings, vessels, cars,
conveyances, vehicles or other structures or places, and in case any officer or
employee of the division is hindered or interfered with in making such examina-
tion, any license held by the person preventing such free access or interfering
with or hindering such officer or employee, shall be subject to revocation by the
Department of Registration and Education.
Any public officer or employee engaged in the enforcement of this act, upon
making or attempting to make an arrest for violation of Section 25. shall seize
such vehicle, boat or aircraft used and shall immediately deliver such vehicle, boat
or aircraft to the Superintendent of the Division of Narcotic Control to be held
as evidence until the forfeiture has been declai-ed or a release ordered as herein-
after provided.
Indiana
There is no statutory law on search and seizure of narcotics as distinguished
from search and seizure of other properties.
Iowa
Yes.
Kentucky
No.
Louisiana
No.
Massachusetts
We have a separate search warrant section for narcotics within the narcotic
laws. We also may arrest without a warrant any person found present whare
narcotics are imlawfully kept or deposited.
Montana
No statutory law on the search and seizure of narcotics either with or without
a search warrant to distinguish from other properties.
New Hampshire
The only statutoi-y law specifically dealing with narcotics is an inspection by
police officers of drug stores, etc. See RSA 318; 53.
North Carolina
We do have statutory law on the search and seizure of narcotics with the use
of a search warrant. The narcotic search law is set out within the General Search
and Seizure Law of the State and there is a separate section which covers the
search and seizure of barbiturate drugs.
Oklahoma
There is no statutory law liberalizing the search and seizure laws of the State
of Oklahoma as they pertain to the enforcement of narcotic laws. However, a
study is being made at this time of Ohio laws (Title 37, Ohio Rev. Laws Ann.
1953 §§ 3719.22 and 3719.99 (B)), with the view of submitting same to the next
Legislature for consideration.
Oregon
Any district attorney, sheriff, deputy sheriff, constable or police officer charged
with the enforcement of this chapter, having personal knowledge or reasonable
information that narcotic drugs are being unlawfully carried or transported or
possessed by any boat, vehicle or other conveyance, shall search the same without
warrant and without any affidavit being filed. If he finds upon or in such convey-
ance narcotic drugs unlawfully carried, transported or possessed he shall seize
them, arrest any person in charge of such conveyance and as soon as possible
take the arrested person and the seized drugs before any court in the county in
which the seizure is made. He shall also, without delay, make and file a complaint
for such violation as the evidence justifies.
Any such conveyance used by or with the knowledge of the owner or the person
operating or in charge thereof in the unlawful transportation, or unlawful pos-
session or concealment, of narcotic drugs within this state shall be forfeited to
the state in the same manner, by the same procedure and with like effect as pro-
vided in ORS 471.660 and 471.665 for the forfeiture of conveyances used in un-
lawfully handling liquor.
INTERIM COMMITTEE REPORT ON NARCOTICS 119
Pennsylvania
No statutory law exists on search and seizure nf narcotics with or without a
warrant, hut the Pennsylvania Anti-Narcotic Act authorizes narcotic investi-
gators to arrest, Avithout warrant, all violators of this act except persons faxed
as legal dealers in opium, etc. Incidental to arrests without warrant is the im-
plied authority to make a reascmahle search of the area in which the person ar-
rested is located at the time of the arrest and to seize any narcotics held in this
area in violation of the act.
Tennessee
Our general search and seizure law applies to narcotics as well as to other in-
stances of search and seizure.
Texas
Officers and employees of the Department of Public Safety, and all peace officers
who have authority to, and are charged with the duty of enforcing the provisions
of the act, shall have power and authority, without warrant, to enter and
examine any buildings, vessels, cars, conveyances, vehicles, or other structures or
places, when they have reason to believe and do believe that any or either of
same contain narcotic drugs manufactured, bought, sold, shipped, or had in pos-
session contrary to any of the provisions of this act, or that the receptacle con-
taining the same is falsely labeled, except when any such building, vessel, or other
structure is occupied and used as a private residence, in which event a search
warrant shall be procured as herein below provided.
Utah
Yes. See Uniform Narcotic Act.
Washington
See Sec. 24, Uniform Narcotic Drug Act. (Copy enclosed).
West Virginia
No.
Wisconsin
Search and seizure of narcotics is subject to the same rules as apply to other
property, and Wisconsin has the exclusion rule of evidence where property is
seized in violation of Constitutional rights.
Wyoming
Not to our knowledge.
RESULTS OF QUESTION VI
VI. Do you require addicts to register with a state agency?
Connecticut
Addicts are not required to be registered in this State.
Delaware
No.
Florida
No.
Georgia
No.
Illinois
Prior to the enactment of Senate Bill No. 680, Illinois required the registration
of addicts. However, this was found to be unsatisfactory and was repealed by
Senate Bill No. 680.
Indiana
Narcotic addicts are not required to register with any state agency, as being
a narcotic addict is not unlawful as such. Illegal possession, sale, distribution
and manufacture of narcotics constitute the punishable violations of our narcotic
law. However, Chapter 238 of the Acts of 1957 declares the drug addict to be a
dangerous person in public places and provides for his custody and quarantine
if found in such public places, providing such person cannot present positive
proof that he is under the care of a licensed physician for treatment of such
addiction. An addict convicted under the provisions of this statute can secure a
suspended judgement by presenting positive evidence of intent to be cured, and
acceptance for treatment by a federal, state or private institution specializing in
cure of addiction.
120 INTERIM COMMITTEE REPORT ON NARCOTICS
Iowa
No.
Kentucky
We do not require addicts to register with a state agency. We register all addicts
we encounter in our investigation work.
Louisiana
No.
Massachusetts
We do not have a compulsory registration by addicts statute, but we do require
doctors and hospitals to report the treatment of a drug addict within 72 hours of
the first treatment.
Montana
Narcotic addicts are not required by law to register in the state.
New Hampshire
No.
New Mexico
No.
North Carolina
Addicts are not required to register with an agency of the State of North Caro-
lina, but the State's Uniform Narcotic Drug Act does require every attending
or consulting physician to report to the State Board of Health the name and
other information relating to any person under treatment if it appears that
such a person is an habitual user of any narcotic drugs. These reports are open
for inspection only to federal and state officers, whose duty it is to enforce the
Laws of the State, or the United States, relating to narcotic drugs.
Oklahoma
Addicts are not required to register with the state agency. However, such pro-
posal was made to the 1957 Oklahoma Legislature and was passed by that
body. This legislation was later vetoed by the Governor. A copy of this proposed
legislation is attached. Since the United States Supreme Court thereafter held
such required registration to be unconstitutional, it is not anticipated that any
further legislation in this regard will be introduced.
Oregon
No.
Pennsylvania
Addicts are not required to register with any state agency. Physicians are re-
quired to report persons who are or may become addicted to narcotics in the
course of treatment, and enforcement agencies report addicts and violators
arrested.
Tennessee
No.
Texas
No.
Utah
No.
Washington
No.
West Virginia
Yes.
Wisconsin
No.
Wyoming
Yes.
RESULTS OF QUESTION VII
VII. Do you maintain a central information file concerning narcotic law
offenders, agents, etc.?
Conn' cticut
A central information file concerning narcotic law offenders, addicts, etc., is main-
tained in the State Department of Health.
INTERIM COMMITTEE REPORT ON NARCOTICS 121
Delaware
No.
Florida
Yes. In our central oflSce.
Georgia
No.
Illinois
The state agency maintains a central information file. (See Senate Bill 681,
Sec. 5 enclosed ) .
Indiana
The Indiana State Police Department maintains a central information file con-
cerning narcotic law offenders, agents, manufacturers, etc.
Iowa
Yes.
Kentucky
We do maintain a general information file, concerning narcotic law offenders and
agents. We use the same form and filing system as the Federal Bureau of Nar-
cotics.
Ijouisiana
No.
Massachusetts
The division has a file of all reported drug addicts and drug intoxications re-
ported by hospitals and doctors. AlsO, the Criminal Information Bureau of the
State Police received reports on all arrests for violations and convictions of
violations of narcotic drug laws from the city and town police departments and
the courts of the Commonwealth. Enclosed are copies of our drug addict forms.
Each report received by this division is investigated by the inspectors of the
drugs control section.
Montana
No central information agency is maintained in Montana concerning narcotic
law offenders, agents, etc.
New Hampshire
No.
New Mexico
No.
North Carolina
A central information file concerning narcotic law offenders is maintained in the
Record Section of the State Bureau of Investigation and includes information
obtained by agents of this bureau and other officers throughout the state who
furnish information to the bureau. Information relating to narcotic law offenders,
including their photograph and descriptive data, plus information received in
report form, is maintained in separate files from other investigated matters for
ready reference and other use.
Ohio
No state agency or central clearing house for information concerning the drug
traffic or addicts.
Oklahoma
A central information file is being formulated in the Narcotic Enforcement Divi-
sion of this office, such file dating from July 1, 1953, the date of creation of the
division.
Oregon
No, however, the Portland City Police does have a special squad devoted to nar-
cotic violations, and they do have an information tile concerning narcotic law
offenders.
Pennsylvania
A central file of information on addicted persons is maintained by the Addictive
Diseases Division, Narcotic Control, of the Department of Health. Narcotic in-
vestigators are employed from merit system lists by this activity and are then
assigned to health region offices for duty. At present eight narcotic investigators
are employed by this activity.
122 INTERIM COMMITTEE REPOKT ON NARCOTICS
Tennessee
The Bureau of Identification maintains a central information file concerning
narcotic law offenders, etc.
Texas
The Texas Department of Public Safety, Narcotics Section, maintains a central
information file on all narcotic violators.
Utah
Yes. Criminal Identification Bureau.
Washington
Yes, all our files are open to enforcement departments and we avail ourselves
of the Federal Narcotic Bureau files.
West Virginia
Yes.
Wisconsin
Such a file probably exists in the Milwauljee City Police Department, covering
offenders in that county.
Wyoming
Information pertaining to those responsil)le to this ofiice is maintained.
RESULTS OF QUESTION Vlli
VIII. Is there or has there ever been a clinical type of treatmeet offered to
addicts and if so is it on an out-patient or hospital basis? What have
been the results of such treatment?
Connecticut
A narcotic clinic was in operation in this state in the early 1920's. It was un-
successful so it was terminated.
Florida
Commitment under 398.19 as mentioned above. The results of this treatment are
no better or worse than results of commitments to the federal institutions at
Lexington, Kentucky, and Fort Worth, Texas.
Georgia
No such treatment.
Illinois
There is at the present time a program of narcotic outpatient clinics in Illinois.
This is somewhat deceiving as these clinics do not furnish any narcotics to the
addict but rather offer psychiatric treatment. Recently, a subcommittee of our
commission investigated the results of such treatment and found that it is totally
inadequate.
Indiana
There is at present treatment offered to drug addicts in the mental hospitals and
penal institutions of the state. Our state law recognizes drug addiction as being
within the scope of our mental health statutes and if accommodations are avail-
able addicts can be treated in these institutions. However, it is customary to send
such persons to the federal narcotic institution at Lexington, Kentucky, upon
proper application and acceptance.
Iowa
Our state mental health institutions have such a program.
Kansas
No.
Kentucky
No.
Louisiana
None.
Massachusetts
Yes. Addicts may voluntarily commit themselves to the Correctional Institution
at Bridgewater which is operated jointly by the Department of Corrections and
the Department of Mental Health. Addicts may also be admitted to one of the
many state hospitals if they have a definite psychosis along with the drug ad-
diction. The Boston State Hospital (Mental) and a few others, after a period of
confinement in the hospitals, have a followup outpatient program.
INTERIM COMMITTEE REPORT ON NARCOTICS 123
Mississippi
On the ffi-ounds of our mental liospitnl. clinical frcatniiMit is availahle for drug
addicts. This is on an inpatient basis and no followup is made of the treat-
ment pi()j;i"nn.
Montana
No clinical type ot treatment is offered to narcotic addicts in Montana, other than
the State Hospital for the insane. Addicts will l)e accepted in some cases, how-
ever, treatnieut is questionable and the results ha\(' never proven successful.
New Hampshire
No.
New Mexico
No.
North Carolina
The state has never offered to addicts a clinical type of treatment for narcotic
addiction. The only treatment offered l)y the state has been at the North Carolina
State Hospital in Raleigh, such treatment being identical o that which is given
to alcoholic patients who are users of barbiturates, which consist of 60-day con-
finement and treatment at the hospital.
Oklahoma
There is no clinical-type treatment for narcotic addicts on a governmental level
and it is necessary where, in the opinion of the agents rehabilitation is possible,
to induce voluntary commitment to either of the two United States Public Health
Service Hospitals.
Oregon
Yes. Briefly, the circuit courts of this state have the power after appropriate
notice and hearing to commit any person found to be a drug user to any state
hospital having facilities for rehabilitation of drug users. So far as we know, the
results of such treatment are not known since the hospital authorities do not
have any followup information on patients released from the hospital after hav-
ing been committed there as drug users. For any further information on this point
I suggest that you Avrite to Dr. Dean K. Brooks, Superintendent. Oregon State
Hospital, Salem.
Pennsylvania
To date the Commonwealth of Pennsylvania has not maintained a facility for
the treatment of addicts. It has been recommended that the legislature authorize
the establishment of such a facility in the future.
Tennessee
None offered.
Texas
No clinical type of treatment has been offered. The Uniform Narcotic Drug Act
makes provision for treatment of addicts on a probation basis, but the Legislature
did not provide treatment facilities.
Utah
No.
Washington
No, we urge all addicts who come to our attention to avail themselves of the
treatment to be had in the federal hospitals.
Wisconsin
I know of no outpatient treatment offered to addicts. The two state mental hos-
pitals operate a withdrawal treatment for addicts who have been convicted and
committed there by the criminal courts. A mental hospital is not an ideal in-
stitution for this, but no other is available. I believe it is fairly satisfactory but
discharged patients tend to slip back into the habit.
Wyoming
No.
RESULTS OF QUESTION IX
IX. To what extent do you consider narcotics addiction a juvenile problem?
Connecticut
As far as narcotic addiction in juveniles is concerned, we feel that a serious
problem exists even if only one person is addicted. However, compared to avail-
able national statistics we feel that our problem is not serious.
124 INTERIM COMMITTEE REPORT ON NARCOTICS
Delaware
In the last 3i years, we have not had a narcotic juvenile come to our attention.
Florida
This problem is practically nil.
Georgia
No problem whatever in the Htate of Georgia.
Illinois
Figures indicate that those arrested or hospitalized as drug users are, on the
average, significantly older than several years ago. A study made by the Institute
for Juvenile Research, Illinois Department of Public AVelfare. in 19r>fi, shows
that arrests of drug users in the Chicago area in the 17- to 20-year age group
had declined almost 50 percent since 195(), although total users had increased. The
17-20 age group represented 25 percent of the total in 1950, only 10 percent in
1956. More recent reports indicate that juvenile addiction may again be on the
increase.
Indiana
Juvenile drug addiction is at the very minimum in the state and is not considered
a problem at this time.
Iowa
We do not consider a problem within the State of Iowa among the juveniles.
Kentucky
We do not consider narcotic addiction, in juveniles, a serious problem.
Louisiana
Minor problem. Has arisen in two high schools, but immediately stamped out by
police attending schools as students — arrests and convictions of sellers.
Massachusetts
The problem of drug addiction among juveniles in this state is not too great. We
have had very few cases of juveniles using heroin or other narcotics by needle.
Our problem is marijuana, barbiturates and amphetamines among juveniles, and
in the last year we had only 30 teenagers involved in our investigations.
Mississippi
It is only our opinion that the problem of narcotics among youth is of minor
concern. However, we could easly be mistaken since we have made no study.
^lontana
Narcotic addiction amongst juveniles in Great Falls is no problem at this time.
Billings has not had a single bona fide narcotics case concerning juveniles for
several years.
Missouri
From time to time there are reports of violations of the law, particularly the
supplying of marijuana to school children.
New Hampshire
No problem in New Hampshire.
New Mexico
No study made but opinion of writer is that narcotic addiction is very serious
problem.
North Carolina
Law enforcement officers recognize a potential rather than an actual narcotic
problem relating to juveniles. Complaints and investigations reveal suspected
use of amphetamines, barbiturates, and marijuana in scattered areas throughout
the state on the part of juveniles, and it is recognized that this is a potential
danger as it leads generally to the use of such drugs as the opiates administered
by hypodermic needle and syringe. Complaints and investigations currently reveal
very few cases of juveniles using drugs, such as opiates by needle and syringe,
or even orally.
Oklahoma
As a result of the geographical location of the State of Oklahoma, narcotic
addiction among juveniles is not the problem and has not reached the proportion
of other more densely populated states and those closer to sources of illegal
supplies. However, the illegal procurement and use of barbiturates and ampheta-
mines has been increasing at an alarming rate and, while the Narcotic Enforce-
ment Division has no jurisdiction over the enforcement of regulations regarding
these violations, much study and concentration by the State Board of Pharmacy,
INTERIM COMMITTEE REPORT ON NARCOTICS 125
under whose jurisdiction this falls, is bcinj; siven. True addiction to narcotic
drugs among juveniles is believed to be far bcluw the national average.
Oregon
No specific information indicating whether or not narcotics addiction is a juve-
nile problem. Chief of Police Hilbruner could give you more specific information
as to the frequency of use of narcotics among juveniles.
Pennsylvania
No specific information is available on the incidence of juvenile addiction in the
Commonwealth of Pennsylvania. Recent research has disclosed that 80 percent
of the known addicts admitted to the Lexington Public Health Service Hospital
are under the age of 2~t, whereas two decades ago only 10 percent were in this
age group. It appears that addiction in our youth is increasing.
Tennessee
Our experience does not indicate that narcotic addiction is a juvenile problem in
this state.
Texas
We do not consider narcotics addiction among juveniles a problem in Texas.
However, there have been isolated cases of marijuana being used by a very small
percent of students, principally in the Latin American and colored race.
Utah
Very limited in Utah.
Washington
We have no juvenile narcotic addiction problem.
Wisconsin
No exact information on the extent that narcotics addiction is a juvenile prob-
lem, but believe it to be rather slight compared with other areas.
Wyoming
Unknown but seems minor.
RESULTS OF QUESTION X
X. What is the extent of your narcotics problem?
Alabama
Narcotic control comes primarily under the jurisdiction of the Health Department.
The Attorney Generals' OSice has experienced no problems on narcotics.
Connecticut
Our current list of known users of illegally obtained narcotics is about 500
which is the rate of about one per 46,000 population. Most of the individuals
live in the larger cities of the state and the rate is considered low in comparison
to the rates of many other states.
Delaware
In the last several years we have had people picked up possessing marijuana,
heroin, codeine, and morphine. On the average about three or four cases a year
appealed to our superior court.
Florida
We find it necessary to enforce all angles of the law to be successful in enforcing
the narcotic law for if an addict is permitted to roam the streets he will make
three or four addicts within the period of a year.
Georgia
On account of the size and population of Greater Atlanta, we do have a few
problems in a city of this size ; however, not too many. In the past 12 months,
robberies of drug stores and apothecary shops for narcotics has been on an in-
crease.
Illinois
The number of narcotic addicts in our state, particularly in Cook County, but
now spreading into other areas of the state, indicates that Illinois definitely
has more addicts per capita than its neighboring states of Indiana, Missouri,
Ohio, and Wisconsin. The Federal Bureau of Narcotics has recorded approxi-
mately 7,500 addicts in Illinois. 2,228 narcotic addicts are registered with the
Illinois Department of Registration (as of February 2, 1956) and it is the
opinion of this commission that less than one-fourth of the addicts in Illinois
are registered.
126 INTERIM COMMITTEE REPORT ON NARCOTICS
Indiana
At present we are no longer faced with the narcotics problem that existed prior
to the enactment of Chapter 213 of the Acts of IO.jT. I have been assured by
state police and local officials that this recent enactment has enabled them to
secure a tight control of illicit drug traffic and provide a workable method for
eliminating the menace of the drug addict while further facilitating a cure for
these pitiful individuals.
Iowa
In the past year we have made approximately 10 to 14 convictions. I would say
if it were not for this enforcement it could become a major problem.
Kansas
The narcotics problem is not present in Kansas to any great degree. The use
of narcotics is almost nil in this state and, hence, we have no administrative
procedures set up to combat it.
Kentucky
The narcotic problem, in our state, is not criminally orgauizetl. The problem
consists mostly of individual street peddlers, and their supply is obtained through
robbery, and forging narcotic prescriptions. The problem, in our state, could
become serious if there was any relaxation on the part of enforcement officials.
We have a problem with marijuana in the Xegro race ; due to the fact that
marijuana grows wild throughout the State of Kentucky.
Louisiana
Severe in metropolitan and \irban areas. Mild in rural communities.
Maine
The narcotic problem is absent from the State of Maine and we have no statutes
dealing with the handling of one who is addicted to narcotics.
Massachusetts
Our narcotic problem is not of catastrophic proportions, but it has definitely
increased since World War II. The more we investigate the more we find that
drug addiction or use is not centered in Boston, which has our largest colored
population, but is laced throughout our small towns also. Our small-town addicts,
to our knowledge, depend on legitimate medical drugs obtained by false .symptoms
to physicians, as well as false prescriptions. Being a seacoast state we fear the
use of our ports as doors of entry for smuggled narcotics but our investigations
to date reveal that the illicit drugs within our state borders seem to originate
in the port of New York.
Mississippi
We have had no study committee and therefore we have not defined our problem.
Missouri
From time to time there are reports of violations of the law, particularly the
supplying of marijuana to school children.
Montana
(Great Falls) — Narcotic addicts within our jurisdiction are minimized to an
occasional transient who comes to our attention, otherwise we are not confronted
with such problems with our local citizens. (Billings) — The total number of
narcotics arrests here during the year of 1957 was nine, and these cases involved
marijuana only. We have had seven convictions out of this number. Illegal use
of narcotics is not considered a major problem in the state and it is handled
strictly on a local basis by local law enforcement agencies.
New Hampshire
No problem in New Hampshire.
New Mexico
Primarily marijuana.
North Carolina
Physicians in the state have reported 943 habitual users of narcotic drugs and
investigation and information by law enforcement officers throughout the state in-
dicate that there is a possible like number of persons known within the state
that have not been reported by physicians. The presence of a number of large
military establishments in eastern North Carolina have brought about the influx
of transient-type people some of whom are addicts and some of whom have peddled
narcotics previously elsewhere in the United States. Generally it has been found
that in the areas in and around these military establishments, marijuana is the
INTERIM COMMITTEE REPORT ON NARCOTICS 127
predomiiiiuit drug usod nnd i( is coiistiintly roadily aviiilahlc as a result of local
cultivation plus shiiuntMits to i)ooi)lc from other parts of the country.
North Dakota
There is an occasional drugstore hrcak-in by a transient addict, but there is
no known drug traflic in the state.
Ohio
Since the adoption of the Ohio statutes, the illegal drug tralUc has been reduced
to a fraction of its pre\ ions volume.
Oklahoma
As a result of concerted efforts by the Oklahoma Legislature and all enforcement
agencies of the state, including t!ie Narcotic Enforcement Division, the narcotic
problem is decreasing and it is felt that at this time Oklahoma does not exceed
the ratio of 1/10,0(X) which has Ix'en established by the Federal Bureau as being
the national average.
Oregon
The only serious narcotics problem is the City of Portland. So far as the rest
of the State of Oregon is concerned narcotics is not a problem in general.
Pennsylvania
During the year 1057, the police agencies made over 1,500 arrests for narcotic
violations and over 1,000 of these were arrests of users of narcotics. Only those
cases in which a positive finding of addiction was made have been included in
the statistical reports of this department, which reflect approximately 3,300
medical addicts and approximately 950 so-called "pure" addicts. Reports from
other sources indicate that these figures must be very conservative, that the
number of unknown addicts may total an additional 12,000, most of whom are
addicted to heroin, which is available only thi'ough illicit channels.
Tennessee
AVe do not believe that narcotic addiction in Tennessee is as serious as in most
of the other states.
Texas
The extent of our narcotics in Texas is a little above average as compared to
other states, because we border on one of the world's major supply points —
Mexico. Texas not only has its domestic problem because of Mexico, but is con-
fronted Avith transit dealers from the eastern and southern states. The addict
problem itself is under control, the courts and prosecutors have been responsible
for many heavy sentences on violators. The criminal addict population in the
state is about 1,G00 (55 percent Latin Americans, 35 percent colored and 10 per-
cent w'hite). In ratio to the population of Texas (9,223,000) the addict popula-
tion percent is .017.
Utah
Limited to known addicts and some transients passing through.
AVashington
Our narcotic problem is confined to the underworld.
West A^irginia
No serious narcotics problem. Consequently, our legislature has not found it
necessary to become too concerned with the enactment of laws to control narcotics.
Wisconsin
The narcotics problem in this state is not extensive. AVith rare exceptions, it is
not a problem outside of Milwaukee County and there it is not a big problem
compared with other metropolitan areas.
AA^yoming
In comparison to what we know about other states is minimal. The only problem
we know of outside those cases kept on record in this office are occasional reports
of marijuana users particularly among Spanish-American groups.
printed in California state printing office
L-lOO 6-59 2M
PRELIMINARY PROGRESS REPORT OF THE
JOINT INTERIM COMMITTEE ON THE
PUBLIC EDUCATION SYSTEM
MEMBERS OF THE COMMITTEE
SENATORS
GEORGE MILLER, JR., Vice Chairman
HUGH M. BURNS
PAUL L. BYRNE
NELSON S. DILWORTH
HUGH P. DONNELLY
DONALD L. GRUNSKY
FRED S. FARR
ASSEMBLYMEN
GORDON H. WINTON, Chairman
DOROTHY M. DONAHOE
RICHARD T. HANNA
FRANK LANTERMAN
HAROLD SEDGWICK
JOSEPH C. SHELL
CARLOS BEE
JAMES C. MARSHALL
Staff Consultant
mm
Published by the
SENATE
OF THE STATE OF CALIFORNIA
1959
GLENN M. ANDERSON
President of the Senate
HUGH M. BURNS
President pro Tempore
JOSEPH A. BEEK
Secretary
LETTER OF TRANSMITTAL
California Legislature, Joint Interim Committee
ON THE Public Education System
Sacramento 14, California
Honorable Glenn Anderson
President of the Scnaie, and
Honorable Ralph M. Brown
Speaker of the Assembly
Gentlemen : There is transmitted herewith preliminary progress re-
port of the Joint Interim Committee on the Public Education System
established under authority of Assembly Concurrent Kesolution No. 20,
of the 1958 First Extraordinary Session, as amended by Assembly
Concurrent Resolution No. 2, of the 1959 Regular Session.
Included in this report is the first report of the Citizens Advisory
Commission, authorized by the Legislature of the State of California to
examine the complete education system of our State.
This is commended to you for the thoughtful study by you, the legis-
lators of this State, and all other citizens interested in the future of
education in California.
Respectfully submitted,
George Miller, Jr.,
Vice Chairman
Hugh M. Burns
Paul L. Byrne
Nelson S. Dilworth
Hugh P. Donnelly
Donald L. Grunsky
Fred S. Farr
Gordon H. "VVinton, Chairman
Dorothy M. Donahoe
Richard T. Hanna
Frank Lanterman
Harold Sedgwick
Joseph C. Shell
Carlos Bee
Letter of transmittal ordered printed in the Journal and the report
in the Appendix to the Journal.
Senator Miller moved that 2,500 copies of the report by the Joint
Interim Committee on the Public Education System be printed for
distribution.
Motion carried.
(3)
2-L-3938
INTRODUCTION
With the advent of the Russian "Sputnik" into the skies of oui-
universe, parents, educators, and legislators were suddenly made aware
that perhaps there was somethinof lacking in the system of education
as we now know it in the United States.
The people of California were no less concerned than the people of
other states. Serious concern was evidenced by letters to the editors of
newspapers, talks at club meetings, articles in magazines, and the thou-
sands of letters to California legislators, all with the same theme : What
is the matter with the educational system of California, and is the
Russian system superior?
The legislators of California, with unanimous votes in both houses,
passed Assembly Concurrent Resolution No. 20, which authorized this
Joint Interim Committee on the Public Education System and gave it
the full responsibility to study every phase of California education.
Other provisions of this Act provided for a Citizens Advisory Com-
mission to assist the Joint Committee and also asked that reports be
submitted to the Legislature from time to time.
So it was under this cloud of apprehension that this Joint Committee
and its Citizens Advisory Commission were formed.
(5)
REPORT
The Joint Interim Committee on the Public Education System held
its organizational meeting in Sacramento on August 15, 1958. Assem-
blyman Donald D. Doyle of Lafayette was elected chairman and Sena-
tor Harold T. Johnson of Roseville was elected vice chairman.
At this first meeting, the members were unanimous in their opinion
that the Citizens Advisory Commission should become a truly advisory
body to the joint committee. Members of the committee said that for
years various interested groups had been giving advice on education
and that it was time that a true citizens group made a study to recom-
mend either that California education was satisfactory or that changes
were needed.
It was decided that each member recommend citizens for membership
on the Citizens Advisory Commission who would be representative of
all groups interested in education, including parents and teachers from
all sections of the State.
CHOOSING OF THE CITIZENS ADVISORY COMMISSION
On August 22, 1958, the joint committee met in executive session
wnth a list of over 300 California residents who had been proposed for
membership on the commission. In addition to the names submitted by
the joint committee members, there were over two hundred which had
been suggested by the public in the form of letters and telegrams.
After an all-day session of discussion and studying the background
of each name suggested, the committee chose the 27-member commis-
sion, which has been labeled by one legislator as ' ' The most representa-
tive, talented and conscientious group of people ever gathered on one
citizens ' commission. ' '
THE MEMBERS OF THE CITIZENS ADVISORY COMMISSION
In order to properly show the true makeup of this commission, fol-
lowing are listed the names of the members and a short description of
each one 's background :
Mrs. Janet L. Allen of Suffer Creek.
Mrs Allen is a housewife and mother of two young children. Her
husband is a cattleman and a life-long resident of Northern California.
Mrs. Allen is a graduate of the University of California and is a former
schoolteacher in Amador County. She is presently a member of the
Soroptimist Club, Order of the Eastern Star, California Cattlemen's
Association, Farm Bureau, Marines Memorial Association, and the Cali-
fornia Alumni Association.
Mrs. Irmgard B. Beard of Glennville, Kern County.
Mrs. Beard, a former school teacher, is presently a member of the
Kern County Board of Education. Mrs. Beard has traveled extensively
in Europe, Mexico and the United States and received part of her
(7)
8 PROGRESS REPORT ON PUBLIC EDUCATION SYSTEM
education in Germany. She is a former member of the Glennville Board
of Education and served as clerk to this board for three years. At
present Mrs. Beard is a member of the California School Boards Associa-
tion and the Kern County School Boards Association.
James L. Beebe of Los Angeles
Mr. Beebe is a partner in the law firm of O'Melveny and Myers of
Los Angeles, and a graduate of the University of Wichita, Harvard
University and the University of Southern California. He belongs to
the Los Angeles Chamber of Commerce, Town Hall, the Commonwealth
Club, American Bar Association, California State Bar and the Los An-
geles Bar Association.
Dr. Robert J. Bernard of Claremont
Dr. Bernard is Managing Director of Claremont College. He is a
graduate of Pomona College and Colorado College and has been as-
sociated with education for over 30 years. He is a trustee of Claremont
College and Harvey Mudd College, and honorary trustee of Claremont
Men's College, and ex-officio member of the Pomona College Board of
Trustees. He is active in the Los Angeles Town Hall, trustee of the
Southern California Symphony Association, Hollywood Bowl Board
of Directors and the Los Angeles World Affairs Council.
William M. Bucknam of Ceres
Mr. Bucknam is a farmer and a member of the California State
Board of Education. He is a graduate of the University of Miami and
the University of Pittsburg. Mr. Bucknam is active in the Western
Directors Association of Governing Boards of State Universities and
Allied Institutions, the California School Boards Association, American
Legion, BPO Elks, and is a Mason.
Frank Burr;// of Fullerfon
Mr. Burrill is Vice President and Assistant to the President of Chik-
son Company of Brea, California. He is a graduate of the University
of Southern California and has long been active in civic affairs of
Orange County. He is a Mason and a member of the North Orange
County Young Men's Christian Association, the Kiwanis Club, the
National Association of Accountants, the California Manufacturers
Association and a member of the Board of Trustees of the Fullerton
Methodist Church.
Judge W. John Bussey of San Francisco
Judge Bussey is a municipal court judge for the City and County
of San Francisco. He is a graduate of the University of California and
Harvard Universit}-. Before becoming a judge he served on the staff
of the District Attorney of Alameda County. He is a member of Alpha
Phi Alpha Fraternity, the State Bar of California and the American
Bar Association, as well as a longtime member of NAACP.
Fordyce V. Cowing of Arcadia.
Mr. Cowing is President of Repeal Brass Manufacturing Company of
Vernon, California. He is a graduate of the University of Rochester,
New York. He has long been active in local education activities and is
PROGRESS RErORT ON PUBLIC EDUCATION SYSTEM 9
a member of the Board of Education of the Arcadia Unified School
District.
Edward Frank of Pefaluma.
Mr. Frank is City Manager of Petaluma and is a graduate of Stan-
ford University, Columbia University and the University of California.
Mr. Frank is a Mason, a member of the Governmental Research Associ-
ation, and the City Managers' Association, and has been active for
many years in the Rotary Club and the Commonwealth Club of San
Francisco.
Joseph Genser of El Cerrito
Mr. Genser is an attorney at laM', practicing in Richmond, California.
He is a graduate of Stanford University and is presently attorney for
the California State Federation of Teachers (AFL-CIO). He is Master
of Harbor Lodge No. 502, F&AM, the Richmond Moose Lodge, and the
High-Tuclur Club.
Normal C. Hayhursf of Glendale
Mr. Hayhurst is President of the Fidelity Federal Savings & Loan
of Glendale and was formerly the Superintendent of the Glendale Uni-
fied School District. He is a graduate of the University of Arizona and
the University of Southern California. Mr. Hayhurst is active in such
civic organizations as the State Chamber of Commerce, the Kiwanis
Club, BPO Elks, is a Mason and a member of Phi Delta Kappa.
John F. Henning of San Francisco
Mr. Henning is Director of Industrial Relations of the State of Cali-
fornia and was formerly Research Director of the California State
Federation of Labor. He is a graduate of St. Mary's College and is a
Director of Education Programs on the California State Federation
of Labor. He has served as a member of the Governor's Advisory
Council on Children and Youth and the Commission for Equal Employ-
ment Opportunity of the City and County of San Francisco.
Dr. Joel H. Hildebrand of Berkeley
Dr. Hildebrand is Professor Emeritus of Chemistry of the University
of California and is widely known for his views on education. He is a
graduate of the University of Pennsylvania and Berlin University.
Long active in the scientific fields, he is a member of the National
Academy of Science, the American Philosophical Society, the American
Chemistry Society and is a Fellow of the American Physical Societies.
He is an Honorary Fellow of the Royal Society of Edinburgh and an
Honorary Life Member of the Faraday Society.
Dr. William V. Lawlor of La Canada.
Dr. Lawlor is a dentist by profession in Glendale, California. He is
a graduate of the University of Southern California and a member of
the American Dental Association and the Southern California Dental
Association. Dr. Lawlor was a delegate to the White House Conference
on Education, the Governor's Conferences on Education, and Juvenile
Delinquency and Youth.
10 PROGRESS REPORT ON PUBLIC EDUCATIOX SYSTEM
Mrs. Barbara M. McCarthy of North Hollywood.
Mrs. McCarthy is a teacher in Sun Valley Junior High School and
is a graduate of Stanford University. Mrs. McCarthy is the mother of
two children and only recently has started teaching school. She is
active in local civic affairs and is a member of the Junior League of
Los Angeles.
Mrs. Myrtis Myers of Fallbrook, San Diego County.
Mrs. Myers is a member of the Committee for School District Organ-
ization for San Diego County and for some time has taken an interest
in civic organizations and their education committees. She is a member
of the Order of Eastern Star and is active in the Farm Bureau.
Luther A. Nichols of Pasadena.
Mr. Nichols is Executive Vice President of the California Manufac-
turers Association. He is a graduate of the University of California and
a member of the Rotary Club.
Dean /. James Quillen of Stanford.
Dean Quillen is Dean of the School of Education at Stanford Univer-
sity. He is a graduate of the University of Delaware and Yale Uni-
versity. Dean Quillen is a member of the Accreditation Committee of
the State Board of Education, Chairman of the International Relations
Committee of the National Education Association, member of the Com-
mittee on International Exchange of Persons and a trustee of the
Council for Advancement of Secondary Education. He is also active in
the American Association of School Administrators, National Council
for the Social Studies, the American Association of L^niversity Pro-
fessors and Phi Delta Kappa. Dean Quillen is an outstanding authority
on education and is the author of many articles dealing with the subject.
Charles Randolph of Oroville, Butte County
Mr. Randolph is the Assistant Publisher of the Oroville Mercury-
Register newspaper and has long been active in the newspaper field.
He is a graduate of the University of California and is serving on the
University Alumni Association Council. He is now a member of the
Butte County Board of Education, the Butte County Committee on
School District Organization, the Legislative Committee of the Cali-
fornia School Boards Association, and is Chairman of the Education
Committee of the Oroville Chamber of Commerce.
Jack D. Rees of Hayward.
]Mr. Rees is District Superintendent of the Hayward Elementary
School District. He is a graduate of the University of California and
is past State President of the California Teachers Association. He
is presently Legislative Chairman of the California Teachers Association
and is Secretary of the California Education Study Council. Mr. Rees is
active in the Hayward Chamber of Commerce, the Hayward Lions Club,
California Association of School Administrators and the American Asso-
ciation of School Administrators.
PROGRESS REPORT ON PUBLIC EDUCATION SYSTEM 11
Gilford G. Rowland of Sacramenfo.
Mr. Kowland is an attorney in tlie firm of Rowland and Paras of
Sacramento. lie is a y-radnate of Stanford University and a member of
the State Bar of California, the American Bar Association, American
Tjaw Tnstitnte, American Judicature Society and a Fellow of the Amer-
ican Bar Fonndation. Mr. Rowland has a longtime interest in civic and
state atfairs and is a former member of the Board of Governors of the
State Bar of California and a Past President of the State Bar of Cali-
fornia.
James W. Short of Turlock.
Mr. Short is the owner of the Goodrich Oil Company of Turlock. Mr.
Short is the father of three children and has long- been interested, as
a parent, in the schools of his district and the State. Pie has been active
in the Rotary Clnb of Turlock and other civic organizations.
Mrs. Martha Snowden of Alhambra.
Mrs. Snowden is President of the California Congress of Parents and
Teachers. She is a member of the Technical Advisory Committee on
Public School Finance, the Advisory Committee on California Journal
on Education, and the California Education Study Council. Mrs. Snow-
den has been active for many years in PTA activities and has an in-
terest in education, not only from the standpoint of a parent but as
to how it affects the teachers of the State.
Dr. Robert G. Sproul of Berkeley.
Dr. Sproul is President Emeritus of the University of California. He
is a graduate of the University of California and has spent a lifetime
in the educational field. Dr. Sproul is a trustee of the Carnegie Founda-
tion for Advancement of Teaching, a director of the International
House of Berkeley, a Director of the Bay Area Educational Television
Association, a Commissioner of the National Commission on Accredit-
ing, and a member of the Rhodes Scholarship Committee and the Cali-
fornia Association on Adult Education.
Mrs. Lynn Thompson of Arcadia.
Mrs. Thompson is Consultant on Education for the League of Women
Voters. She is a graduate of the University of California and holds a
general secondary credential for the California schools. A parent and
a former schoolteacher, Mrs. Thompson has been active in the League
of Women Voters and the Parent-Teachers Association for many years.
Mrs. Margaret Trimble of Roseville.
Mrs. Trimble is an elementary school teacher. She is a graduate of
the San Francisco Teachers' College and a member of the California
Teachers' Association as well as the National Education Association.
Mrs. Phyllis Wainwright of Martinez.
Mrs. Wainwright, a housewife and mother of four children, is a
graduate of the University of California. She is a member of the School
Boards of the Martinez Elementary and Alhambra Union High School
Districts. Mrs. Wainwright is also a member of Contra Costa County
School Boards Association, California School Boards Association Execu-
12 PROGRESS REPORT ON PUBLIC EDUCATION SYSTEM
tive Committee, the American Association of University Women, the
Contra Costa County Taxpayers' Association and is on the Executive
Board of the 32d District of the PTA. She is affiliated with the Con-
tinuing Education Committee of the University of California and the
California Council on Teacher Education.
AN INDEPENDENT STUDY
The committee on several occasions has reiterated its stand that it
wishes the Citizens Advisory Commission to advise it on what it finds,
independently, in the great broad scope of education in California.
It stands ready to make suggestions when requested to do so by the
commission and has done so on several occasions. It feels, however, that
by not attempting to direct the course of the commission it will then
be in a better position to hear the advice and analyze the findings of
this independent body of independently thinking people.
PRESENT COMMITTEE OFFICERS
On January 6, 1959, the joint committee met in Sacramento and
elected Assemblyman Gordon H. Winton, Jr., of Merced, as chairman,
and Senator George Miller, Jr., of Martinez, as vice chairman. These
officers replaced the original officers who did not seek re-election to the
State Legislature.
APPRECIATION
The Joint Education Committee is grateful for the co-operation of
the metropolitan, suburban, and rural press of this State for their
co-operation and interest in the field of education. Their continuing
interest in the activities of this committee and the Citizens Advisory
Commission will contribute much toward the ultimate goal of achieving
a better education for the children of the State of California.
THE COMMISSION REPORT
The joint committee commends to the Legislature and other inter-
ested Californians the following preliminary progress report of the
Citizens Advisory Commission. It is a report that reflects much thought-
ful study and a real beginning to a complete examination of California
Public Education. It also promises great future hope for the strength-
ening of our American system of public education and for the welfare
of the children of our great State.
California Legislature
Joint Interim Committee on the Public Education System
February 13, 1959
Honorable Gordon H. Winton, Jr., Chairman,
and Honorahle Members of the Joint Interim
Committee on the Public Education System:
Gentlemen : Presented herewith is the first progress report of the
Citizens Advisory Commission of the Joint Interim Committee on the
Public Education System.
It is the hope and wish of the commission members that the California
State Legislature, in its wisdom, will continue this joint committee and
commission as an official body of the Legislature. The commission mem-
bers feel that with this first progress report they have only just begun
their total examination of the California Public School System author-
ized by Assembly Concurrent Resolution No. 20.
The commission also wishes to thank each member of the joint interim
committee for his co-operation and help during the past months and we
each feel that this experience of working together, toward the goal of
the best possible system of education for our children, has been a worth-
while and satisfying endeavor.
Sincerely,
FoRDYCE V. Cowing, Chairman,
Citizens Advisory Commission
Charles Randolph, Dr. William V. Law^lor,
Vice Chairman Vice Chairman
Mrs. Janet Allen Dr. Joel H. Hildebrand
Mrs. Irmgard B. Beard Mrs. Barbara M. McCarthy
James L. Beebe Mrs. Myrtis Myers
Dr. Robert J. Bernard Luther A. Nichols
William N. Bucknam Dr. I. James Quillen
Frank Burrill Jack D. Rees
Judge W. John Bussey Gilford G. Rov^land
Donald D. Doyle James W. Short
Edward Frank Mrs. Martha Snowden
Joseph Genser Dr. Robert G. Sproul
Normal C. Hayhurst Mrs. Lynn Thompson
John F.Henning Mrs. Margaret Trimble
Mrs. Phyllis B. Wainwright
(13)
REPORT OF THE CITIZENS ADVISORY COMMISSION
OF THE JOINT INTERIM COMMITTEE ON THE
PUBLIC EDUCATION SYSTEM
PREFACE
The Citizens Advisory Commission of the Joint Interim Committee
on the Public Education System herewith submits this preliminary
progress report of its activities to date.
This report is purposely short and concise, as the commission mem-
bers feel that their progress to date is only the first step in a longer
process of studying the complete public education system of the State
of California.
This preliminary statement is divided into three parts, which have
been labeled: (1) Statement of Policy; (2) Declaration of Objectives;
and (3) Statement of Duties and Responsibilities of the California Pub-
lic School System.
Each of these sections of the statement defines certain aspects of edu-
cation from the viewpoint of the commission members, who feel that
each part is progressively explanatory of the total concept of public
education.
REPORT
The members of the Citizens Advisory Commission were first called
together in Sacramento, September 10, 1958, for an organizational
meeting with the members of the Joint Interim Committee on the Public
Education System.
At this meeting the following officers were elected by the Citizens
Advisory Commission by unanimous action of the members present :
Chairman Fordyce V. Cowing
Vice Chairman Dr. William Y. Lawlor
Vice Chairman Charles Randolph
The 27-member commission had full-day hearings September 10, 1958,
in Sacramento; October 27. 1958, in Los Angeles; November 21, 1958,
in Sacramento ; December 5, 1958, in San Francisco ; and January 7,
1959, in Sacramento.
At these five meetings the commission has worked on the statement
of its views and philosophies of education generally, working toward a
goal of a general outline of the duties and responsibilities of California
public education. This statement was completed at the meeting on Jan-
uary 7, 1959, and follows in this report as a statement of the full Citi-
zens Advisory Commission.
Of significance is the unanimity expressed by the various members
of the commission during the discussions which led up to the final
statement. Although there were obvious divergencies in basic philosophy
of the members, their conscientious interest in education as it affects
all the people of the State of California made for compromises with
which members of the commission could live. The statement of policA^
(14)
PROGRESS REPORT ON PUBLIC EDUCATION SYSTEM 15
and the declaration of objectives were adopted unanimously. Tn the
consideration of the duties and responsibilities of the Public School
System, there was opposition on the part of some members to the use of
"must" rather than "shonld" and to tlie parajiraph titled "shared."
The members of the commission are unanimous in their desire to have
the kind of schools in California which further the development of
well-informed, hiofhly skilled, and intellif>ently effective citizens.
It should be noted that the following statement is not the final state-
ment of the commission nor is intended to be used by school districts,
educators, teachers, or others as a panacea for all ills of education. It
is a preliminary statement which is the current feeling of the commis-
sion on what any district in the California Public School System must
provide its students.
The commission feels that its present job is to compare what we have
now in California with the duties and responsibilities as stated herein.
It proposes to do this first by having- a series of informational meetings
with the State Department of Education and recognized experts in
the fields of curriculum, textbooks, teacher training, finances, and dis-
trict organization. Later it proposes to have hearings throughout the
State of California at which all interested citizens will have the oppor-
tunity of presenting views to the commission.
The commission members have constantly expressed their intention
of spending as much time as is possible in this current examination of
California Public Education in the hope that their views and findings
will help strengthen public education in this State to the end that every
child of California will have the opportunity to be educated properly.
POLICY
The residents of California support a vast school system. It is the
desire of the Legislature, the educators, and the parents of California
that the dollars invested in this program be carefully spent so as to
achieve the maximum value.
Recognizing that any educational system requires constant analysis,
and that no full scale evaluation of the State's Public School System
has been attempted by the Legislature since the creation of the State
Department of Education in 1921, this commission has taken as its
purpose and policy a full examination of the purposes, duties and
responsibilities of the California Public School System.
DECLARATION OF OBJECTIVES
The California Public School System should provide the opportunity
for every individual to become educated to the maximum of his ability.
Human liberty is best guaranteed through representative government
and democratic processes. Only an enlightened people can wisely exer-
cise liberty and pursue happiness.
The primary objective of the public schools should be the fullest
development within the capability of every individual to think and act
effectively and creatively through the mastery, by each student, to the
extent of his ability, of the skills, knowledge, thought and appreciation
which embody the major achievements of civilization. They are mainly
language, literature, art and music, history, geography, government,
mathematics, and natural science. The school, in co-operation with the
16 PROGRESS REPORT ON PUBLIC EDUCATION SYSTEM
family, church, community, and other educative agencies, seeks to
develop individuals who think and act according to the highest ethical
standards.
Although "Hie adjustment," "social adaptation," and similar pur-
poses are desirable, they are not primary goals. The school has neither
the chief responsibility nor the means for dealing with all aspects of
personal development ; it cannot perform its primary function ade-
quately if its eiforts are widely scattered.
We regard a competitive spirit, within a framework of mutual re-
spect, co-operation, and regard for the rights of others, as an integral
part of our social structure, one which is just as desirable in the class-
room as on the athletic field. The school should foster in each student
the desire to excel, or at least to do his best. The school is under special
obligation to develop all the talent and skills needed by the Nation.
Examinations, grading and reports are essential so that each student
knows his own powers and limitations.
To help students discover the basic values that are appropriate to the
ideals and aspirations of free men, and to develop an understanding,
appreciation and devotion to the common dignity and worth of man,
and to the conditions under which he can achieve economic, political
and spiritual freedom and satisfaction, are goals of California public
education.
The following statement of the duties and responsibilities of the Cali-
fornia Public School System was adopted by the members of the Citi-
zens Advisory Commission in the hope that it would further explain
their feelings contained in the previous two statements, "policy" and
"declaration of objectives." This statement contains the principles of
basic California public education, but it does not include the methods
by which these principles are to be effected.
THE DUTIES AND RESPONSIBILITIES OF THE
CALIFORNIA PUBLIC SCHOOL SYSTEM
RESPONSIBILITIES:
I. Unique
A. To The Individual
1. Public schools have the responsibility to provide an equal op-
portunity for individual intellectual training to achieve the
fullest potential, to do disciplined thinking, to think creat-
ively, to recognize and analyze problem situations, to locate,
to collect, to evaluate, and to organize relevant information.
Mastery of the basic academic curriculum to the individual's
fullest extent is necessary.
a. Curriculum must include fundamental instruction in read-
ing, writing, arithmetic, spelling, speaking, natural science,
histor}^, geograph}^ civics, art, music, health and physical
development.
(1) Ability to read well must be taught thoroughly, with
due regard to the speed required for comprehending
various ty^jes of subject matter.
PROGRESS REPORT ON PUBLIC EDUCATION SYSTEM 17
(2) Good literature is essential in the curricnlnm because
it;
(a) Provides examples of good English,
(b) Reveals the ideals and issues of real life and con-
duet, as presented by some of its keenest observers,
and
(c) For its aesthetic values.
(3) AVritten and oral expression must be taught with em-
phasis upon
(a) Legibilit}^,
(b) Spelling,
( c ) Grammar,
(d) Clarity, and
(e) Eft'ective expression.
(4) Arithmetic must be taught with primary emphasis
upon understanding and practice in applying the
fundamental processes.
(5) Instruction in basic science, in conjunction with
mathematics, should span all grades.
(6) Geography, history, and civics require special em-
phasis. Schools need to develap individuals who under-
stand the culture in which they are living and because
the present cannot be interpreted, nor the future an-
ticipated, unless the past is understood, firm grounding
in these subjects is essential.
(7) The music and art program must be planned to en-
courage the appreciation and understanding of the
individual student and permit his participation.
(8) The public schools have the responsibility to conduct
sound and well-planned programs for the development
of physical fitness and health education.
(9) Foreign languages are important for the understand-
ing of other peoples, as well as for beneficial effect
upon one's own language.
(10) Sound habits of deportment, workmanship, and criti-
cal thinking are necessary to academic excellence and
are necessary at all grade levels.
b. Effective instruction requires that good manners, courtesy,
order and discipline be insisted upon. Rules of good con-
duct must be enforced.
c. Schools shall be required to encourage each student to ac-
complish as much, within or beyond the normal curriculum,
as his individual abilities will permit.
d. The curriculum described above must be presented in such
a way as to encourage :
(1) The development of intellectual integrity, scholarly
attitudes, and moral standards.
18 PROGRESS REPORT ON PUBLIC EDUCATION SYSTEM
(2) The ability to think creatively, imaginatively, and
critically.
(3) The realization in each stndent that learning is his
chief responsibility and goal, to the end that he may
make his maximum contribution to his own, his fam-
ily's and the public welfare or well-being.
(4) The art of problem solving.
(5) Ability to use tlie scientific method.
(6) Good deportment, workmanship and study habits.
(7) Sense of responsibility.
(8) Disciplined self-control.
(9) Initiative and leadership.
(10) Respect for authority.
(11) Respect for the rights, property, opinions and feelings
of others.
e. The combination of basic curriculum objectives mentioned
above and the proper mental attitudes, abilities, and char-
acter traits, also mentioned above, will best enable the in-
dividual to develop intellectually, morally, and physically to
his maximum potential.
B. To Society
1. Because our culture cannot continue to improve unless indi-
viduals are competent to fulfill the essential occupations, it is
an important function of the school to develop the competence
necessary to carry on the jobs of the society : the jobs in the
work world, in the cultural world, in the physical world, in
engineering, in merchandising, in medicine, in law, in teach-
ing, and in all the other various areas.
2. Having established a format for a good curriculum, it is neces-
sary that there be criteria for the identifying of talents and
aptitudes, in order that each individual, by making the best
use of the educational offerings, becomes a substantial, con-
tributing participant in society. Therefore, it is imperative
that counselors be equipped and guidance programs be
planned for maximum performance in this most responsible
field.
3. A third major responsibility of the school, and one which is
shared with other institutions of our society, is to develop
good citizens. Only educated men can be truly free. A free
society makes wise, moral and informed choices which can
only be based on knowledge and ideals and individual cour-
age. Schools in a free society must develop knowledge and
capacity for thought, and ideals in the individual citizen
which will enable him to make wise and moral decisions and
act upon them effectively, if the free society is to continue to
exist.
II. Shared
There are many educational institutions in our society and the
school is one of the most important. From the standpoint of the
PROGRESS REPORT ON PUBLIC EDUCATION SYSTEM 19
importance of the individual and the shaping of liis character, his
personality' and his way of life, the family is the most important
educational institution. For many families, the church is the secjond
most important social-educational institution. In the combination of
these three institutions, and in the life of the community, are de-
veloped the values, the ideals, and the basic interests which are of
paramount importance in our culture. Plere are developed the basic
values, loyalties and ideals to the individual, to the family, to the
church, to the State, to the Country, and to all mankind. Also, in
these institutions are developed an appreciation of, and belief in,
our traditional values : values that have grown out of the great
ethical traditions inherent in our way of life. The schools should
definitely share in meeting these responsibilities, not by attempting
to create a new social order, but by augmenting and implementing
the teachings and the ideals of the home and church.
In carrying out these responsibilities, the school cannot substitute
for the influences of the home, the church and the community, nor
should it be expected to do so, but it can supplement and comple-
ment them in developing personality, ideals, loyalties and character.
Accommodative
The schools carry out many functions, such as vaccination and
driver-education, simply because students are organized in a body.
The criteria for meeting these needs should be an analysis as to
whether the function is necessary and proper and whether it can
be more effectively and economically accomplished elsewhere.
printed in California state printing office
L-3938 2-59 5M
SPECIAL REPORT
OF THE
SENATE INTERIM COMMITTEE ON PUBLIC HEALTH
(Senate Resolution No. 148 — 1957 Session)
BLINDNESS PREVENTION
MEMBERS OF THE COMMITTEE
J. WILLIAM BEARD
JOHN F. THOMPSON, Chairman
RICHARD RICHARDS, Vice Chairman
JOHN J. HOLLISTER, JR.
ROBERT L. DAVIS, Executive Secretary
DELLA BRADFIELD, Secretary
A. A. ERHART
Published by ihe
SENATE
OF THE
STATE OF CALIFORNIA
1959
GLENN ANDERSON
President of the Senate
HUGH M. BURNS
J. A. BEEK
President pro Tempore
Secretary
TABLE OF CONTENTS
Page
Letter of Transmittal 5
Introduction 7
Hearing 9
Testimony 9
Recommended Legislation: Senate Bill No. 574 18
(3)
2— L-4119
LETTER OF TRANSMITTAL
Senate, March 18, 1959
Hon". Glenn Anderson, President
and Members of the Senate
Gentlemen: The Senate Interim Committee on Public Health,
created pursuant to Senate Resolution No. 148, 1957 Regular Session,
presents herewith a special report on its study of blindness prevention,
together with recommended legislation.
Respectfully submitted by
John F. Thompson, Chairman
Richard Richards, Vice Chairman
J. William Beard
A, A. Brhart
John J. Hollister, Jr.
(5)
(«i)
INTRODUCTION
The Senate Interim Committee on Public Health was authorized by
the terms of Senate Resolution No. 148, as adopted at the 1957 Regular
Session, to study and analyze all facts relating to public health, includ-
ing "education in the field of public health."
On January 31, 1958, Malcolm H. Merrill, M.D., State Director of
Public Health, specifically asked the committee to take under advise-
ment the subject of prevention of blindness.
Dr. Merrill's letter read as follows :
''I should like to invite the attention of your committee to the
legislative aspects of the prevention of blindness.
"Measures directed at the prevention of blindness have been
part of the existing public health program for many years. In
1915 the law requiring that drops of silver nitrate be placed in
the eyes of newborn infants at the time of birth was adopted. "With
this program of prophylaxis against blinding gonorrheal infection
of the eye and the use of antibiotics, blindness from this cause is
scarcely a reality and we know of no instance in the State in recent
years.
"In 1939 the State adopted a law requiring that all expectant
mothers have a blood test for syphilis during their pregnancy.
Largely as a result of this law the amount of blindness associated
with inherited syphilis has been decreased to a point where its
occurrence is rare.
"A recent and conspicuous example of the operation of preven-
tive measures against blindness is provided by the discovery that
excessive oxygen administered to prematurely born infants is re-
sponsible for the development of retrolental fibroplasia, an irre-
versible form of blindness. Between 1942 and 1955, 685 newborn
California babies were added to the rolls of the blind as a result
of this disease. All were in excess of the normal expectation of
infant blindness for that period. When available as a result of
intensive and costly investigation, new information on the use of
incubator oxygen was swiftly disseminated by the State Depart-
ment of Public Health. Widespread educational followup was next
undertaken to make sure that the recommendations were under-
stood and adopted. The reduction in number of cases was dra-
matic— from 400 cases in the three peak years 1951, 1952, 1953 to
only 88 in the three following years 1954, 1955 and 1956. No cases
have beeen reported for 1957. A safeguard on the use of oxygen
for premature infants has now been added to the California Ad-
ministrative Code.
"In our concern for the human waste of preventable disability,
it is easy sometimes to forget the economic consequences. In the
example cited above, the cost of blindness of these 685 children
reaches a staggering sum when it is recognized that it costs about
$2,000 more per student per school year to educate a blind child
(7)
COMMITTEE REPORT ON BLINDNESS PREVENTION
compared with a sighted child. Thus, elementary and secondary
education for these 685 children alone commits us to an expendi-
ture of $17 million in excess of what those costs would be for stu-
dents without their handicap. Ultimately we must also reckon the
costs of special services and vocational training, rehabilitation,
and welfare aid which a certain percentage of these citizens-to-be
will require.
"It is estimated that half of all blind adults in California are
receiving welfare aid. Currently about 13,200 blinded adults re-
ceive such aid at an annual cost in direct welfare pajTiients of
almost $14^ million. This is exclusive of administrative costs, loss
of productivity^ lost taxes, and other costs.
"Public health departments, both State and local, know how to
prevent much blindness and have already put into effect measures
which have saved the sight of thousands, as well as millions of
dollars. Some of these measures have been cited above; we are
still paying for neglect of other blinding conditions. We believe
that there are among these, other causes which would yield results
in prevention equal to those mentioned earlier. "We believe the time
has come for strongly supported, aggressive, organized public
health methods in blindness prevention.
"We would appreciate your reaction to this matter and would
specifically like to request that your public health committee take
under advisement the subject of prevention of blindness. We, in
the department, would welcome the opportunity to provide, for
your consideration, additional information about the costs of
preventable blindness and about the nature of and opportunities
for preventive programs. ' '
HEARING
On January 21, 1959, the Senate Interim Committee on Public
Health held a public hearing on blindness prevention at the State
Capitol in Sacramento. Members of the Senate Public Health and
Safety Committee joined with members of the interim committee to
hear the testimony.
TESTIMONY
State Senator John F. Thompson, Interim Committee Chairman, read
into the record several letters from interested persons, including one
from Henrik L. Blum, M.D., President, California Conference of Local
Health Officers, giving the organization's endorsement of a statewide
program directed toward the reduction of blindness.
Dr. Blum 's letter said, in part :
"The demonstration of successful investigation of the causes of
blindness, prompt and wide dissemination of new information, and
the practicability of an approach to sight conservation through
public health procedures prompts the Conference to urge the de-
velopment of vigorous leadership in this field by the State Depart-
ment of Public Health. We therefore hope that the Legislature
will support the establishment of a blindness prevention program
in the department this year. ' '
Frederic Kriete, M.D., Deputy Director of the State Department
of Public Health, was the first witness. Representing- the director of
his department. Dr. Kriete made the following statement:
We became interested in the prevention of blindness some years
ago. We were dissatisfied with what we were doing in the area of blind-
ness, believing we were picking up the pieces and propping up the
victims of blindness rather than keeping people from becoming blind.
It was felt that there was a real opportunity in the application of
some of the principles of preventive medicine that have been successful
in other fields.
Demonstration Program
Consequently, six or seven years ago we went to work to see whether
we could devise some method which would be practical, operable, and
economical. We discovered that the Kellogg Foundation of Battle
Creek, Michigan, was also interested in the same problem. After de-
vising a demonstration program, a test of methods of preventing blind-
ness, the Kellogg Foundation was willing to grant about $150,000 for
this operation. We went into business in 1954.
What we tried to do in this demonstration was to find out how much
blindness there really was in the State of California, who the people
were who suffered from blindness, what kind of blindness they had,
and what conditions presented an opportunity for prevention. Then
we hoped to test out some of these methods.
(9)
10 COMMTTTTZ l.Zr.'i.Z '_ S ELESTDKESS PBEVESTIOK
Budget Request
This ftTe-rear project expires on June 30, 1959. Beeaose "vre feel that
the test has been a sueeess and that we have beoi a soeeess and that
we have been able to demonstrate some very effeetire metihods, the State
Department of Pnblie Health has asked the admrniHfaration to inelude
an JtesDL in the budget for the Fiseal Year 1959-1960 to continue this
program as a permaneDt part of the deparbnent's operations.
Teehnieallj, this is a new pn^ram as far as state funds are eon-
eemeoL "We realize that it has to compete ^nth a number of both new
and existing programs in a time when the money situation is very
tongh. We do not know, at this point, whether this will for certain
be included in the G-OTemor 's Budget.
Cost of Program
Senator Rjchards : I wonder whether tou can tell us what kind of
money we are talking about ?
Dr. Eriete: TVe are talking about approximately $40,000 a year.
This is the level at which the program has been operating up to this
point,
Seatator £rliart: Is this jost to continue the study?
Dr. Kriete: This is not to continue the study so much as to put
into practice 5C»me of the things we haye learned from the study.
Seoator Thompson: Would this then require a bill rather than an
amendment to the budget ?
Dr. Kriete: It was the administration's feeling that this could be
submiTted as a budget item. It is included in our departmental budget
request.
At an annual cost this $40,000 is actually less than the amount of
money that it costs to train, maintain, and support one single blind
individiial thronghout his life.
Lester Breslow, M.D., Chief of the Bureau of Chronic Diseases,
State Department of Public Health, was the second witness. Dr. Bres-
low said as follows:
The state program for the blind should rest on three pillars. "We
hare education, welfare — for which the State has now dexeloped ex-
cellent serrices — and a third pillar which we are proposing today, that
is prevention of blindness.
We sometimes talk about the value of prevention in terms of what
it means to individuals, families, and society in a general sense. This
is an important aspect of preventive medicine.
Today, however, we are going to be able to add something to the
story, and that is some concrete information about what prevention
means, not only in human terms but also in monetary terms. In the
study we have carried out, we have looked at a number of questions,
including how much blindness there is in California.
Amount of Blindness in California
Our estimate indicates that the number of totally blind persons in
the State is 27,000, of whom 25,000 are adults and 2,000 are children.
In addition to these totally blind individuals, there are a number of
COMMITTEE REPORT ON BLINDNESS PREVENTION 11
Others who are partially sighted with substantial impairment of their
vision — sometimes total blindness in one eye and impaired vision in
the other eye, not correetible bj' glasses — to the extent of 81,000 persons.
Senator Erhart : What age groups do these adults fall into ?
Dr. Breslow: The next chart will indicate the fact that blindness
takes its heaviest toll after age 60 when adjustment of the person is
more difficult and income problems are increased. Of course, our
population is aging as well as increasing, which adds to the problem
of blindess. And we will indicate that a substantial amount of blind-
ness starts in infancy to create life-long problems.
Cost io the Taxpayer
■ We can show some of the immediate costs of blindness in California
during the preceding fiscal year. The number of adults receiving Aid
to the Needy Blind was 13,700. You will note that this is approxi-
mately one-half of the number of persons who are totally blind. The
annual cost to the taxpayers in direct aid payments alone for this
group is 16 million dollars, of which 46 percent is state funds.
This represents an increase from the period of less than 20 years
ago, 1939-1940, when there were 7.000 recipients receiving in total aid
pa^Tuents per year, four million dollars.
That is the current situation, but what is the outlook for the future?
Considering just the costs of the blind aid program for the persons
who are now receiving aid — and anticipating a normal life expectancy
for these individuals — we are committed in California to an expendi-
ture of 170 million dollars. There are, of cource, decreases as some
blind persons die off and a few are cured. There are also increases each
month. The net accretion to the Aid to Needy Blind roll is 40 person a
month, about 500 per year.
Past Efforts to Prevent Blindness
What has been done up to the present time to prevent these costs
of blindness, as well as the human losses?
In 1915 legislation was adopted providing for prophylaxis again.st
gonorrhea in newborn infants, which was at one time a major cause of
blindness of babies. By 1945 the last child in California was born blind
of this condition. There have been none for more than 13 years.
In 1939 another major step was taken with a law providing for
compuLson,' blood tests for syphilis on all expectant mother.s — again
once an important cause of blindness at birth. Now this is all but gone
as a cause of congenital blindness.
But as we were making advances against these two infectious
diseases, another cause came along.
Retrolental Fibroplasia
Retrolental Fibroplasia, which we abbre-viate in public health to
RLF. is a story of tragedy. During the 1940 's public health and its
colleagues in medicine developed an intensive program for saving lives
of premature babies. In the course of this treatment oxygen was used
in incubators which, with wartime research, had become mechanically
more efficient.
12 COMMITTEE REPORT OX BLIXDXESS PREVENTION
During this same period, unrelated at the outset, we noted an in-
crease in blindness developing in very early infancy. Now this disease
is known as ELF. After about 10 years it was discovered that the
cause of RLF was administering too much oxygen to premature babies.
This excess of oxygen did not contribute to the saving of the lives
— less oxj^gen would do that — ^but the excess caused this disease.
It took us about 10 years in this case to discover this fact. In the
meantime, from 1942 to 1955, RLF permanently blinded 685 newborn
babies in California.
Cost of RLF
For the 685 blind children California now provides a program
which costs about $2,000 per blind child in excess of the normal educa-
tion costs per child per year in school.
This means an annual cost of $1,370,000. If we assume roughly 10
years of schooling, this is a $13,700,000 committed excess cost to the
taxpayers for required education. If this epidemic — which it essentially
was — had continued after 1955 and 1956 for 10 years at the rate it
was going at the height of the epidemic, this would have meant an
additional 1,350 children born blind from this cause with a cost for
educational services alone of 27 million dollars.
Beyond that, a good many of these children would ultimately have
ended upon the Aid to Needy Blind rolls.
Now you recall that about half of all blind persons are on Aid
to Needy Blind. Assuming that only one-third of these children go on
welfare rolls and stay there for as long as 50 years, this group will
cost taxpayers $13,800,000 in direct cash outlays for welfare. In ad-
dition, the loss of productivity and taxes, and the need for special
services such as vocational rehabilitation must be reckoned in the cost.
Effective RLF Control Program
Wlien the cause of RLF was discovered, the State Department of
Public Health — because we had in the department at that time this
special blindness prevention project — was able to immediately launch
an effective control program by working with the hospitals and medical
groups throughout the State. This resulted in a reduction of the number
of RLF-blinded babies from 400 born between 1951 and 1953 to 88
during the succeeding three-year period when the program went into
effect. Only one has been reported born in 1957. This indicates what
has been accomplished in blindness prevention during the past few
years. It also indicates some of the very concrete and substantial costs
of blindness.
Senator Erhart: Is there no cure for these children blind with RLF?
Dr. Breslow : No, sir. There is no known cure for this form of blind-
ness.
This is common in a number of the causes of blindness. There are
some that can be cured : for instance, sight lost due to cataracts can
be restored by surgery many times. Unfortunately, many causes of
blindness at the present time are not curable, but they are preventable.
Senator Stiern: The figures you gave us were strictly State of Cali-
fornia figures. What about persons moving into California falling into
that group ?
COMMITTEE REPORT ON BLINDNESS PREVENTION 13
Dr. Breslow: These fi^rnres are based upon the present number of
persons actually receiving blind aid. The only estimate which we made
here was if the RLF epidemic had continued for 10 more years at
the same rate on the same population as existing in the first few years
of 1950. This has nothing to do with any increases of population from
outside the State.
Senator Stiern : It would be much greater then ?
Dr. Breslow: Yes, sir. Tliis is a minimum estimate.
The third witness was William D. Simmons, Supervisor of the Pre-
vention of Blindness Project in the State Department of Public
Health. Mr. Simmons testified:
We have tried in the presentation so far to indicate the size of the
problem and to give some indication of how parts of it have been
solved in the past. I would like now to carry that a little bit further
along — what we have learned that has promise; the tools which our
department has had the advantage of during this special project ; and
to indicate that we are ready now to follow through on the things
which can be done to alleviate this problem.
Advisory Committee
During the development of this demonstration program for which
we were granted the money by the Kellogg Foundation, the State
Department of Public Health has had the advantage of advice from
a committee which represents organized medical groups, the voluntary
agencies, public schools, industry, eye specialists, local health officers,
universities, and the parent-teacher associations.
The first thing that we did in this program was to conduct studies
to find out how many blind people there are, where they occur, what
causes their blindness. Then we took these findings to our professional
advisory committee and said: "Now here are the things that cause
blindness. "What can we as a State Health Department do about them ? ' '
The committee was very helpful in looking at our statistical informa-
tion and helping us to identify the causes which are truly preventable,
and in indicating ways in which we might proceed to apply public
health methods.
The definition of preventable has to be revised periodically. "We must
realize that at one time most blindness was not known to be prevent-
able simply because we had not investigated and found out how to
go about it.
That was certainly true of the infectious diseases which Dr. Breslow
mentioned earlier. Also before we had industrial safety programs, in-
dustrial accidents blinded many persons.
As we have come along, we have learned to prevent the blindess due
to infectious diseases; for instance, the 1915 legislation on gonorrhea,
the 1939 legislation on syphilis. In the past five years we have learned
how to conquer blindness due to retrolental fibroplasia.
Glaucoma and Amblyopia
Two conditions which our advisory committee has pointed to are
glaucoma, a hardening of the eyeball, and amblyopia among children,
the so-called "one-eye blindness." These are truly preventable forms
of blindness.
14 CO^IMITTEE REPORT ON BLINDNESS PREVENTION
Amblyopia has been an important reason for Army rejection. There
were many 18-, 19-, and 20-year-olds in the Selective Service program
who were literally blind in one eye. The doctors tell ns that this is a
condition that must be detected early, six years of age at the latest.
Consequently, this is a preschool program.
Among our senior citizens, over 60 years of age, the chief cause of
irreversible adult blindness is glaucoma. These are not cataracts. There
are more cataracts actually by numbers, but surgery is a possible cor-
rection of this. "With glaucoma there is no further hope.
Fourteen percent of all the blindness in California is due to this
one condition — glaucoma.
Our demonstration was built on: (1) investigation to find the causes
and to test methods for prevention; (2) education of the public and
professional education; (3) a program of case-finding to identify these
\ictims early enough to do something about it with referral for pro-
fessional attention; and (4) follow-up so that they have the advantage
of care. This is the basis on which a program of sight conservation
rests.
The key to prevention of blindness from both of these causes is early
detection — finding them early enough to get them under treatment.
How do we go about a program of this kind ? In the State Department
of Public Health we have provided for the functions of investigation,
the use of a technical advisory committee, field consultation in develop-
ing programs, and educational services. The ser\ace part of the pro-
gram— the actual finding of the individual we are looking for to get
under care — is carried out at the local level by health departments,
physicians, and voluntary agencies.
"Thief in the Night"
Glaucoma, which is called the "thief in the night," is asymptomatic.
There are no indications that one is getting glaucoma. It is most often
a slow, gradual, painless progression toward blindness.
The key to early detection is the screening of individuals. There are
simple tests and procedures which can be easily applied to find out
whether persons have suspicious beginning signs of this disease.
In California so far we have been co-operating in the screening of
some 20,000 Californians. The result is that approximately 400 new
cases of glaucoma have been found early enough to do something
about it.
This gives us a ratio of two out of every hundred persons over the
age of 40 who have glaucoma and did not know it.
As for amblyopia, the same kind of an approach is used to accomplish
early case finding.
Elements of Blindness Prevention Program
The State Department of Public Health would provide the leadership
and field consultation for instigating local programs. It would provide
assistance to the local unit where the service takes place — to medical
and specialty groups, the local health departments, the voluntary agen-
cies, the PTA, and service organizations such as the Lions Club which
has traditionally had a strong interest in programs for vision conserva-
tion among children.
COMMITTEE REPORT ON BLINDNESS PREVENTION 15
A blindness prevention program for the State of California should
feature three elements: (1) study; (2) education; and (3) service.
Study what? Study the amount, distribution and nature of blinding
conditions in order that we nia}^ be kept aware of the major caases.
These are always changing through epidemic occurrence (RLF) and
as a result of research. We must study the methods of blindness preven-
tion for the purpose of developing the most effective control pro-
cedures.
Educate whom? For what? Educate the public to take the steps
which will result in early identification and prompt care of blinding
conditions.
Once the person whose sight is in jeopardy is found, this is not
enough. He has to be referred and helped to take advantage of this
early discovery so that his vision can be spared. The professions must
be shown the importance of further attention to the preventable forms
of blindness. Glaucoma, for example, involves physicians whose spe-
cialty is directed toward the older individual; amblyopia, physicians
whose attention is directed toward the child.
Then, lastly, serve how? By assistance to communities in developing
local programs for education, early case finding, and followup — tradi-
tional public health methods which, if applied, would reduce the amount
of preventable blindness.
GENERAL QUESTIONING
Senator Slattery : You presented figures showing that out of 20,000
persons screened 400 new cases of glaucoma were found. Were those
merely random samples or was there suspicion that they might be spe-
cial cases?
Mr. Simmons: These were mass screening programs where a good
deal of publicity preceded them. Everybody over the age of 40 was
urged to take advantage of this screening program. They were random
samples to the extent that those most interested came.
These programs are interesting to observe. The eye specialists and
the chief voluntary health agency in this field (California Chapter,
National Society for the Prevention of Blindness) get together, usu-
ally at the community center. The publicity and arrangements have
been handled by local women's groups, medical auxiliaries, the wives
of members of the Lions Club, and other organizations. The local
health departments undertake the education and followup. By 8
o'clock in the morning there is a mob scene outside the door. The
people come in and are routed through a very neatly arranged chan-
nel. They receive three simple, easily administered tests which indicate
whether the pressure is building up in their eyeballs and whether they
might then be candidates for this disease.
Senator HoUister: What percentage of the totally blind are we
talking about when we talk about glaucoma?
Dr. Breslow: One-seventh.
Mr. Simmons: This is 14 percent. Nationally it is about 12 to 14
percent, but here in California it tends to run a little higher than the
national figure. Cataracts produce approximately 26 percent of blind-
ness, but something can be done about it.
16 COMMITTEE REPORT ON BLINDNESS PREVENTION
FIGURE 1
Californians in these communities have had an opportunity to have their vision checked
for the early discovery of glaucoma.
«
^;, SACRAMENTO
SANTA ROSA
STOCKTON
SAN FRANCISCO
OAKLAND
FRESNO
BAKERSFIELD
SANTA BARBARA PASADENA
r^ GLENDALE ALHAMBRA
^' WEST L A POMONA t
LOS ANGELES
WHlTTtER
VAN,#UYS RIVERSIDE
SANTA ANA
2 out of every 100 caki rMtr/~/^
individuals over the age i>AN 'UttlJ>VJ
of AO have unknown glaucoma. "'
Senator Stiern: "What percentage of your glaucoma cases do you
credit to hereditary factors?
Mr. Simmons: I don't know the answer to that. The cause of glau-
coma is unknown. Among the possible causes the only one which has
really much valid data behind it is the question of heredity. This still
needs research, but it is one of the strongest clues to glaucoma.
There is a better than average chance that if you were to direct a
case finding program at the relatives of known cases of glaucoma, you
would find this disease turning up.
Senator Thompson: If the blindness prevention item does not ap-
pear in the Governor's Budget, will you be able to continue to any
degree the present program?
COMMITTEE REPORT ON BLINDNESS PREVENTION 17
Dr. Kriete: Our program would cease.
Senator Hollister: How long has this program been in effect?
Dr. Kriete: Since 1954 on this demonstration trial basis. It has
been financed by a private foundation which put up approximately
$150,000 to carry on the experimental operation for a five-year period.
Senator Hollister: How long has it been in the budget?
Dr. Kriete: It has been in the budget for the five-year period, but
the sources of support have been from other than state funds. The out-
side support terminates on June 30th.
Senator Slattery: Do you consider this program as something that
will go on indefinitely to accomplish these ends?
Dr. Kriete: Frankly, we would consider it going on as long as we
have a substantial number of causes of blindness about which we can
effectively do something. I think the point is that we never know today
what somebody might discover tomorrow that will remove another
cause of blindness.
Senator Erhart: It appears to me that this item of $40,000 — con-
sidering the savings to the State in welfare funds — would be offset
many times.
Senator Thompson: If one person's vision could be spared each
year it would save $40,000, the annual cost of the program.
Dr. Breslow: That is right.
Resolution Adopted
The Senate Interim Committee on Public Health, on the motion of
Senator Hollister, then adopted a resolution favoring the program.
The motion was carried unanimously.
RECOMMENDED LEGISLATION
Following the hearing of the Senate Interim Committee on Public
Health, it was learned that the blindness prevention program had
not been included as an item in the Governor's Budget. The com-
mittee, however, on the basis of the testimony contained in this re-
port, believes the time has arrived for an accelerated program in the
field of blindness prevention. With this in mind, the committee rec-
ommends that a bill requiring the State Department of Public Health
to maintain a program for the prevention of blindness be passed by
the Legislature in substantially the following form:
SENATE BILL No. 574
Introduced by Senators Thompson and Erhart
February 9, 1959
REFERRED TO COMMITTEE ON PUBLIC HEALTH AND SAFETY
An act to add Article 11 (commencmg at Section 428), to
Chapter 2, Part 1, Division 1, of the Health and Safety
Code, relating to the prevention of blindness, and making an
appropriation therefor.
The people of the State of California do enact as follows:
1 Section 1. Article 11 (commencing at Section 428) is
2 added to Chapter 2, Part 1, Division 1 of the Health and
3 Safety Code, to read:
4
5 Article 11. Prevention of Blindness
6
7 428. The State Department of Public Health shall maintain
8 a program for the prevention of blindness, including, but not
9 limited to :
10 (a) Studies to determine the number, distribution, and
11 nature of conditions leading to blindness among the population
12 of the State.
LEGISLATIVE COUNSEL'S DIGEST
S. B. 574 as introduced, Thompson (Pub. H. & S.). Prevention of blindness.
Adds Art. 11 (commencing at Sec. 428), Ch. 2, Pt. 1, Div. 1, H. & S. C.
Requires the State Department of Public Health to maintain a program for the
prevention of blindness and makes an appropriation therefor.
(18)
COMMITTEE REPORT ON BLINDNESS PREVENTION 19
1 (b) Investigations into the canses of blindness for the pur-
2 pose of developing control procedures.
3 (c) Consultations witli, and assistance to, local agencies
4 directed toward education for the prevention of blindness, the
5 early identification of conditions leading to blindness, and
6 the application of methods for reducing the amount of blind-
7 uess resulting from preventable conditions.
8 428.1. The department may enter into agreements with any
9 public or private organization, agency, or individual to carry
10 out its duties and responsibilities with respect to the preven-
11 tion of blindness.
12 Sec. 2. The sum of thirty-five thousand six hundred sixty-
13 two dollars ($35,662), or so much thereof as may be necessary,
14 is appropriated from the General Fund in augmentation of
15 Item 201 of the Budget Act of 1959 for additional support
16 of the Department of Public Health for carrying out its duties
17 and responsibilities with respect to the prevention of blindness.
printed in California state printing office
L-4119 3-59 1,250
SECOND PROGRESS REPORT
OF THE
SENATE INTERIM COMMITTEE ON PUBLIC HEALTH
(Senate Resolution No. 148—1957 Session)
MEDICAL QUACKERY
MEMBERS OF THE COMMITTEE
JOHN F. THOMPSON, Chairman
RICHARD RICHARDS, Vice Chairman
J. WILLIAM BEARD A. A. ERHART
JOHN J. HOLLISTER, JR.
ROBERT L. DAVIS, ExecufiVe Secretary
ARTHUR H. CONNOLLY, JR., Counsel
DELLA BRADFIELD, Secretary
Published by the
SENATE
OF THE STATE OF CALIFORNIA
1959
GLENN ANDERSON
President of the Senofe
HUGH M. BURNS
J. A. BEEK
President pro Tempore
Secretary
TABLE OF CONTENTS
Page
Letter of Transmittal 5
Introduction 7
Further Public Hearings 9
Findings 10
Recommendations 12
Exhibit A: Senate Bill No. 194 14
(3)
2— L-3529
LETTER OF TRANSMITTAL
SENATE
January 27, 1959
Hon. Glenn Anderson, President
and Members of the Senate
Gentlemen : The Senate Interim Committee on Public Health, created
pursuant to Senate Resolution No. 148, 1957 Regular Session, presents
herewith a second progress report on its study of medical quackery,
together with its findings and recommendations.
Respectfully submitted by,
John F. Thompson, Chairman
Richard Richards, Vice Chairman
J. William Beard
A. A. Erhart
John J. Hollister, Jr.
(5)
INTRODUCTION
As noted in our progress report on this subject as filed with the
Senate on February 4, 1958, the Senate Interim Committee on Public
Health was authorized and directed, pursuant to the terms of 1957
Senate Kesolution No. 148, to study and analyze all facts concerned
with fraudulent, dangerous, unscientific and deceptive practices in
the field of treatment of disease, with further directions to report to the
Senate thereon regarding any recommendations for appropriate revi-
sion in existing laws or new legislation which might be deemed required
in this field in the public interest.
As also noted in our 1958 Progress Report, the committee has adopted
the term "medical quackery" as descriptive of the subject matter of
our inquiry for purposes of convenience only, fully realizing that
neither the members of the committee nor its limited staff possess
qualifications sufficient to permit us to make express findings on which
particular drugs or devices used in the treatment of disease are of
value and which are worthless. As the committee has interpreted its
responsibility, the basic questions for our determination were whether
there is a possibility that the citizens of California are presently ex-
posed to any degree of "medical quackery," whether such exposure
is of sufficient magnitude to warrant further legislation at the state
level for the protection of the public, and if so, what form of legislation
should be recommended.
The committee reached certain tentative conclusions on the various
phases of this problem in its 1958 Progress Report, but it was therein
pointed out that further hearings were contemplated and that addi-
tional consideration would be given to the subject matter with the hope
that in our final report we would be in a position to make definitive
recommendations looking toward a solution to the problem.
We believe that the continuing work of the committee since the filing
of our progress report has further clarified the issues and that we can
now confidently recommend a course of action which we believe will
place California in the forefront as having the vision and ability to
meet and solve a serious problem of great public interest in an orderly
and workable fashion while properly protecting the rights of the in-
dividual.
(7)
FURTHER PUBLIC HEARINGS
Consistent with the intention as declared in our Progress Report to
afford all interested persons the right to be heard on this matter, further
public hearings were scheduled by the committee for May 6, 7, and 8,
1958, in San Francisco, and individual written invitations were ex-
tended to all parties who had evidenced a desire to be heard before
the committee. Considerable advance publicity also appeared in the
public press concerning these hearings, and to the maximum extent
possible, all spokesmen, pro and con, on the problem and its possible
solution, were given an allotted time to make such presentations as
they desired. Among those appearing before the committee at these
subsequent hearings were the following:
Glen S. Harman, M.D., of San Jose, California, diplomat of the
American Board of Surgery, member of the American Medical
Association, California Medical Association, and of the Santa
Clara County Medical Society.
Fred J. Hart, of San Francisco, representing the National
Health Federation and the Electronic Medical Foundation.
RajTuond Kaiser, M.D., representing the National Cancer In-
stitute, United States Public Health Service.
J. Chester Vorbeck, M.D., of Ventura, California.
Andrew C. Ivy. M.D., Head of the Department of Clinical
Science, University of Illinois, of Chicago, Illinois.
Maurice Natenberg, representing Regent House, Book Publishers,
of Chicago, Illinois.
L. "W. Hosford, President of the San Francisco College of Mortu-
ary Science, San Francisco, California.
C. P. Rhoades, M.D., Director of the Sloan-Kettering Institute
For Cancer Research of New York.
John Nicolici, representing the Seventh Day Adventist Reform
Movement, of Sacramento, California.
Howard R. Bierman, M.D., Scientific Director, City of Hope
Medical Center, Duarte, California.
Andrew Small, M.D., practicing physician and member of the
faculty of the University of Texas Medical School, of Dallas, Texas.
Paul Kirk, Ph.D., Biochemist and Microchemist, member of the
faculty of the University of California, Berkeley, California.
Arthur Furst, Ph.D., Chemist and Professor of Pharmacology
at Stanford University School of Medicine.
L. Henry Garland, M.D., Clinical Professor of Radiology at
Stanford University School of Medicine and Secretary of the
Cancer Commission of the California Medical Association, of San
Francisco, California.
Gordon A. Granger, M.D., Chief of the Drug and Device Branch
of the Bureau of Medicine of the United States Food and Drug
Administration, of Washington, D.C.
(9)
10 SENATE INTERIM COMMITTEE ON PUBLIC HEALTH
Howard Hassard, of the firm of Peart, Baraty and Hassard,
Attorneys at Law, Counsel for the California Medical Association,
of San Francisco, California.
In addition to the oral presentations made at the several sets of
hearings, your committee has also received and considered a substantial
amount of written material on the subject at hand.
FINDINGS
As a basic conclusion, your committee is convinced of the necessity
of further legislation, at the state level, to protect the citizens of Cali-
fornia from fraudulent, dangerous, unscientific and deceptive practices
in the field of treatment of disease, and has determined that the initial
legislative step should deal with the facilities and methods presently
available for the diagnosis and treatment of cancer.
The limitation of the present legislative approach to the field of can-
cer is dictated by what the committee feels is the overwhelming public
need for protection against the potential "cancer quack." While there
is some evidence of possible unscientific and deceptive diagnosis and
treatment practices in fields other than cancer, we have determined
that they are of no real consequence when compared with the tremen-
dous potential for "quackery" in the diagnosis and treatment of
cancer.
For obvious reasons, the cancer patient and his family are peculiarly
susceptible to the claims of "secret" cures and "proven" remedies
which are, in fact, neither secret nor proven. In the opinion of the com-
mittee this susceptibility, however well intentioned, not only leads the
people over the hill to the poorhouse, but of even greater importance
it will often prevent the cancer patient from receiving proper care and
treatment which could in many instances truly effect a cure or at least
materially prolong the useful life of the patient.
On this last point, the committee is aware of a great amount of mis-
information in the public mind concerning cancer. Actually it is not
true that cancer is an incurable disease, and tremendous progress is
now being made by the best scientific brains in this Country and else-
where on this subject of the effective diagnosis and treatment of cancer.
Our State Department of Public Health has statistics which demon-
strate that, for example, in cases of cancer of the uterus the death rate
is now less than one-half of what it was in 1930. Another excellent
example of the progress being made, which at the same time serves to
demonstrate the vital importance of early diagnosis and treatment by
proven means, concerns the figures which show that recognized scien-
tific methods now cure about 90 percent of early breast cancer, and
35 percent of fairly advanced breast cancer.
It is, of course, conceded that progress to date does not show com-
parable figures of success in all forms of cancer, and it is for this rea-
son that millions of dollars are being spent each j^ear in the United
States on cancer research in an effort to determine both the causes of
cancer and to develop improved methods of diagnosis and treatment.
The committee is fully cognizant of the importance of such continued
SENATE INTERIM COMMITTEE ON PUBLIC HEALTH 11
research and experimentation, and in its recommendations as herein-
after set forth it has expressly exempted le^iitimate and bona fide re-
search from the application of the regnlatory lefjislalion sn<igested.
As heretofore noted, yonr committee is not qnalified to make scien-
tific determinations as to whether particnlar claimed remedies for can-
cer are of valne or not, but evidence received durinp: the course of our
hearings has definitely convinced us that serious questions exist as to
whether there is any value whatsoever to some of the unorthodox forms
of treatment to which the people of California are presently being sub-
jected. It seems obvious to the members of the committee that the State
of California has a responsibility to set up some authoritative means
of detormining- the efficacy of these various forms of treatment and
to prohibit the victimizing of the public by those whose methods of
treatment are definitively found to be worthless and even dangerous.
We find, for example, that in the State of California today there are
offered to the public many different forms and methods of cancer
therapy which have never been scientifically proven to be of any value
whatsoever in the successful treatment of cancer. While the proponents
of these ''cancer cures" may be entirely sincere in their own belief
of the validity of their form of treatment, they have in most instances
consistently refused to submit their claims for scientific evaluation,
even though such organizations as the National Cancer Institute of the
United States Public Health Service, and many reputable private re-
search centers, stand ready at all times to receive and evaluate any
reasonably conceived method or modality having any possible potential
in the field of cancer thereapy.
Interestingly enough, almost all of the advocates of these unorthodox
cancer remedies follow along in a general pattern of claiming "perse-
cution" by the "medical monopoly," they claim that the scientists
are not to be trusted, that the Federal Food and Drug Administration
is "controlled" by the American Medical Association, and even that
the medical profession does not want to find a cure for cancer.
Your committee is not impressed by these contentions on the part of
those who persist in administering their unproven remedies for their
own personal gain. We rather take the view that human life is here
at stake, and that the most exhaustive testing and evaluation of such
remedies should first be undertaken before these advocates are per-
mitted to so trade in human suffering. W^e further believe that the his-
tory of medical progress in this country, and throughout the world,
gives the lie to any contention that our medical profession would self-
ishly deny the validity of any new compound or device which had a real
potential of curing human ills. To believe the contentions of those
opposed to scientific testing and evaluation of their remedies by recog-
nized institutions would be to deny the present day existence of such
great discoveries as diptheria antitoxin, insulin, penicillin, and Salk
Vaccine, all of which the medical profession quickly and enthusias-
tically embraced, once they had been scientifically proven to be of
value. To say that the Federal Food and Drug Administration or the
National Cancer Institute could be corrupted to serve the selfish
interests of any branch of the medical profession seems to the com-
mittee to be too ridiculous to even deserve comment here.
12 SENATE INTERIM COMMITTEE ON PUBLIC HEALTH
In viewing the overall problem as we see it, your committee has
concluded that additional legislation is required at the state level to
afford a means of evaluating the various methods of cancer therapy
now being utilized in California, with a view of educating and enlight-
ening the public concerning the subject of cancer and its diagnosis and
treatment, while insuring to the greatest possible extent the inherent
freedoms of the individual, whether practitioner or patient, and at
the same time leaving free and untrammeled all legitimate endeavors in
further experimentation and research in the best interests of all con-
cerned.
RECOMMENDATIONS
In the course of reaching its decision on the necessity of further leg-
islation on this important subject, j'our committee has determined that
the existing laws in California do not adequately meet the problem
here presented. Without here detailing the analysis and consideration
given in reaching this determination, suffice it is to say that neither the
present statutes on the adulteration, misbranding, and false advertis-
ing of drugs and devices (Sections 26200-26385, Health and Safety
Code), nor the various regulatory statutes and initiative measures gov-
erning the practice of the healing arts, are adequate to any real degree
in preventing the use of unscientific and unproven methods of cancer
therapy by the licensed practitioner. The various state examining and
licensing boards are competently performing the duties and responsi-
bilities imposed upon them by existing law, and the State Department
of Public Health, through its Bureau of Food and Drug Inspections, is
doing an excellent job of enforcement within the limits of its statutory
authority, but this is not enough, in the opinion of the committee, to
adequately protect the public in the field of cancer therapy.
It should be noted parenthetically that your committee, as a result
of its present studies, believes that further consideration should be
given to possible strengthening of the state pure food and drug stat-
utes, perhaps to the extent of adopting the injunctive powers pres-
ently contained in the federal law, and that a re-examination of the
statutes and initiative measures regulating the practice of the healing
arts should be undertaken, but this present committee had neither the
time nor the resources to give appropriate attention to these related
but separate problems.
In the course of its deliberations your committee did give attention
to the application of the Federal Food, Drug, and Cosmetic Act (21
U. S. C. A. Sec. 301 et seq.) and the federal statutes on the regulation
of biological products (42 U. S. C. A. Sec. 262), and found that a good
enforcement job is being done by the federal agencies in this field
within the jurisdictional confines of their authority, i.e., interstate and
foreign commerce. It is, of course, conceded that these federal statutes
can have no application to purely intrastate practices, and in fact the
spokesmen for the Federal Food and Drug Administration who ap-
peared before the committee personally advocated the adoption of leg-
islation at the state level along the lines hereinafter proposed as a step
forward in overall regulation in this field in the public interest.
SENATE INTERIM COMMITTEE ON PUBLIC HEALTH 13
As to the form of the proposed legislation, .vour committee has
evolved a form of statute which we believe Avill accomplish the follow-
ing principal objectives without sacrificing one for the other, namely :
A. The creation of a Cancer Advisory Council in the Depart-
ment of Public Health to assist the department in the analysis,
evaluation, and regulation of the use of drugs, medicines, com-
pounds and devices in the diagnosis, treatment, and cure of cancer.
B. The express reservation and exception from such regulation
of all legitimate and bona fide experimentation and research in
the field of cancer therapy not indulged in for compensation or
profit.
C. The express preservation to all persons of their right to be
heard before the Department of Public Health in connection with
the determination by the department on the usefulness or value
of any drug, medicine, compound or device used in the diagnosis
or treatment of cancer.
D. The creation of a reliable and responsible means whereby
the State of California may, through its Department of Public
Health, disseminate to the citizens of this State accurate informa-
tion concerning cancer and its effective diagnosis, treatment, and
cure.
Believing that the same will accomplish the foregoing purposes, the
proposed legislation, in the form as attached hereto, marked "Exhibit
A," is respectfully recommended by this committee for favorable con-
sideration by the Senate of the State of California, and in making this
recommendation at the conclusion of its labors, this committee would
here express its sincere thanks and appreciation to all those who have
evidenced an interest in this important problem and who have given
of their time and effort in appearing before the committee and other-
wise communicating with us concerning the same.
Respectfully submitted,
John F. Thompson, Chairman
Senate Interim Committee on
Public Health
Richard Richards
J. William Beard
John J. Hollister, Jr.
A. A. Erpiart
14 SENATE INTERIM COMMITTEE ON PUBLIC HEALTH
EXHIBIT A
SENATE BILL No. 194
Introduced by Senators Thompson, Richards, Beard, Erhart,
Hollister, and Dolwig
January 20, 1959
REFERRED TO COINIMITTEE ON PUBLIC HEALTH AND SAFETY
A71 act to add Section 2378.5 to the Business and Professions Code, and
Chapter 7 (commencing at Section 1700), Division 2, to the Health
and Safety Code, relaiing to the creation of a Cancer Advisory
Council, and the regidation and control of the diagnosis, treatment,
and cure of cancer.
The people of the State of California do enact as follows:
Section 1. Section 2378.5 is added to the Business and Professions
Code, to read:
2378.5. The violation of any provision of Chapter 7 (commencing
at Section 1700) of Division 2 of the Health and Safety Code, or any
violation of an injunction issued under Chapter 7 of Division 2 of the
Health and Safety Code, constitutes unprofessional conduct within the
meaning of this chapter.
Sec. 2. Chapter 7 (commencing with Section 1700) is added to
Division 2 of the Health and Safety Code, to read:
Chapter 7. Cancer
1700. The effective diagnosis, care, treatment or cure of persons
suffering from cancer is of paramount public importance. Vital statistics
indicate that approximately 16 percent of the total deaths in the
LEGISLATIVE COUNSEL'S DIGEST
S. B. 194 as introduced, Thompson (Pub. H. & S.). Cancer.
Adds Sec. 2378.5, B. & P. C, and Ch. 7 (commencing at See. 1700), Div. 2,
H. & S. C.
Provides for the creation of a Cancer Advisory Council in the Department of
Public Health and for the regulation and control of drugs, medicines, compounds
and devices used in the diagnosis, treatment, and cure of cancer.
Prohibits any person from undertaking to treat or alleviate cancer by use of
drugs, surgery, or radiation unless licensed under state law which expressly author-
izes diagnosis and treatment of disease by use of drugs, surgery, or radiation.
Provides that any violation of such provisions or of an injunction issued pursuant
thereto constitutes unprofessional conduct under the State Medical Practice Act.
SENATE INTERIM COMMITTEE ON PUBLIC HEALTH 15
United States annually result from one or another of the forms of
cancer. It is established that accurate and early diagnosis of many
forms of cancer, followed by prompt application of methods of treat-
ment which are scientifically proven, either materially reduces the
likelihood of death from cancer or may materially prolong the useful
life of individuals suffering therefrom.
Despite intensive campaigns of public education, there is a lack of
adequate and accurate information among the public with respect to
presently proven methods for the diagnosis, treatment, and cure of
cancer. Various persons in this State have represented and continue
to represent themselves as possessing medicines, methods, techniqvies,
skills, or devices for the effective diagnosis, treatment, or cure of cancer,
which representations are misleading to the public, with the result that
large numbers of the public, relying on such representations, needlessly
die of cancer, and substantial amounts of the savings of individuals
and families relying on such representations are needlessly wasted.
It is, therefore, in the public interest that the public be afforded full
and accurate knowledge as to the facilities and methods for the diag-
nosis, treatment, and cure of cancer available in this State and that
to that end there be provided means for testing and investigating the
value or lack thereof of alleged cancer remedies, devices, drugs, or
compounds, and informing the public of the facts found, and protecting
the public from misrepresentation in such matters.
The importance of continuing scientific research to determine the
cause or cure of cancer is recognized, and the department shall admin-
ister this chapter with due regard for the importance of bona fide
scientific research and the clinical testing in hospitals, clinics, or
similar institutions of new drugs or compounds.
1701. There is in the State Department of Public Health a Cancer
Advisory Council composed of nine physicians and surgeons licensed
to practice medicine in, and residing in, this State, three persons who
are not physicians and surgeons, and the director of the department,
who shall be an ex officio member. The members of the council shall
be appointed by the Governor to serve for terms of four years. The
Governor shall make the first appointments hereunder for terms expir-
ing, respectively, on the fifteenth day of January, as follows : three in
the year 1960, three in the year 1961, three in the year 1962, and three
in the year 1963. The Governor, in appointing the first members, shall
appoint at least one member from the faculty of each of the schools
teaching medicine and surgery and located in this State that are
approved by the state boards of Medical Examiners or Board of Osteo-
pathic Examiners, or either of them. The Governor shall endeavor to
maintain one member from the faculty of each school in making sub-
sequent appointments.
1702. The members of the council, other than the director of the
department, shall receive no compensation for their services, but shall
be allowed their actual necessary traveling expenses incurred in the
discharge of their duties.
1703. The council shall annually elect one of its members to serve
as chairman. The council shall meet at least twice each year, and as
often in addition as necessary, for the purpose of carrying out its duties.
16 SENATE INTERIM CO^IMITTEE ON PUBLIC HEALTH
1704. The department shall :
(a) Prescribe reasonable rules and regulations Avith respect to the
administration of this chapter.
(b) Investigate violations of the provisions of this chapter, and
report such violations to the appropriate enforcement authority.
(c) Investigate and test the content, method of preparation, or use of
drugs, medicines, compounds, or devices proposed to be used or used,
by any individual, person, tirm, association, or otber entity in the State
for the diagnosis, treatment, or cure of cancer, prescribe reasonable
regulations with respect to such investigation and testing, and make
findings of fact upon completion of any such investigation and testing.
(d) Hold hearings in respect of those matters involving compliance
with the provisions of this chapter and subpoena witnesses and docu-
ments. x\ny or all such hearings may be held before the Cancer Ad-
visory Council. Any administrative action to be taken by the depart-
ment as a result of such hearings shall be taken only after receipt of
the recommendations of the council. Prior to issuance of a cease and
desist order under Section 1711, a hearing shall be held. The person
furnishing a sample under Section 1707 shall be given due notice of
such hearing and an opportunity to be heard.
(e) Contract with independent scientific consultants for specialized
services and advice.
In the exercise of the powers granted by this section, the department
shall consult with the Cancer Advisory Council.
1705. For the purposes of this chapter "cancer" means all malig-
nant neoplasms regardless of the tissue of origin, including malignant
lymphoma and leukemia.
1706. No person may undertake to treat or alleviate cancer by use
of drugs, surgery, or radiation unless such person holds a license issued
under a law of this State expressly authorizing the diagnosis and treat-
ment of disease by use of drugs, surgery, or radiation.
1707. On written request by the department, delivered personally or
by mail, any individual, person, firm, association, or other entity en-
gaged, or representing himself, or itself, as engaged, in the diagnosis,
treatment, alleviation, or cure of cancer shall furnish the department
with such sample as the department may deem necessary for adequate
testing of any drug, medicine, compound, or device used or prescribed
by such individual, person, firm, association, or other entity in the diag-
nosis, treatment, alleviation, or cure of cancer, and shall specify the
formula of any drug or compound and name all ingredients by their
common or usual names, and shall, upon like request by the department,
furnish such further necessary information as it may request as to the
composition and method of preparation of and the use to which any
such drug, compound, or device is being put by such individual, person,
firm, association, or other entity. This section shall apply to any indi-
vidual, person, firm, association, or other entity that renders health
care or services to individuals who have or believe they have cancer.
This section also applies to any individual, person, firm, association, or
other entity that by implication causes individuals to believe they have
cancer.
SENATE INTERIM COMMITTEE ON PUBLIC HEALTH 17
1708. This chapter shall not apply to the use of any drug, medicine,
compound, or device intended solely for legitimate and bona fide inves-
tigational purposes by experts (lualified by scientific training and expe-
rience to investigate the safety and therapeutic value thereof unless the
department shall find that such drug, medicine, compound, or device is
being used in diagnosis or treatment for compensation or profit.
1709. The failure of any individual, person, firm, association, or
other entity representing himself, or itself, as engaged in the diagnosis,
treatment, alleviation, or cure of cancer to comply with any of the
provisions of this chapter, or with any order of the department validly
issued under this chapter, is a misdemeanor.
The provisions of this chapter shall not apply to any person who
depends exclusively upon prayer for healing in accordance with the
teachings of a bona fide religious sect, denomination, or organization.
1710. The investigation or testing of any product shall not be
deemed to imply or indicate any endorsement of the qualifications or
value of any such product. No person shall make any representation
that investigation or testing hereunder constitutes any approval or
endorsement of his, or its, activities by the Cancer Advisory Council or
the department. The investigation or testing of any product shall not be
deemed to imply or indicate that such product is useless or harmful
and during testing no person shall make any representation, except to
the department or Cancer Advisory Council, that the product under
test is discredited or that it has been found useless or harmful.
1711. Following an investigation or testing of the content or compo-
sition of any drug, medicine, compound, or device used by any indi-
vidual, person, firm, association, or other entity in the diagnosis, treat-
ment, alleviation, or cure of cancer, and after hearing as provided in
Section 1704, the department, upon recommendation of the Cancer
Advisory Council, may direct that any such individual, person, firm,
association, or other entity shall cease and desist any further prescrib-
ing, recommending, or use of any such drug, medicine, compound, or
device, or any substantially similar drug, medicine, compound, or de-
vice, in the diagnosis or treatment of cancer.
In the investigation or testing required by this chapter to determine
the value or lack thereof of any drug, medicine, compound or device in
the diagnosis, treatment, or cure of cancer, the department shall, as it
deems necessary or advisable, utilize the facilities and findings of its
own laboratories or other appropriate laboratories within this State or
the facilities and findings of the Federal Government, including the
National Cancer Institute. Upon a recommendation by the Cancer
Advisory Council, the department shall arrange, by contract, for invest-
igation by and submission to it of findings, conclusions, or opinions
of trained scientists in the appropriate departments of universities and
medical schools, and the submission to it of findings, conclusions, or
opinions of other qualified scientists. Prior to the issuance of a cease
and desist order under this section, the Cancer Advisory Council, by
the affirmative vote of at least nine of its members, at least one of
whom shall not be a physician and surgeon, shall make a written finding
of fact based on such investigation that the drug, medicine, compound,
or device so investigated has been found to be either definitely harmful
or of no value in the diagnosis, treatment, alleviation, or cure of cancer.
18 SENATE INTERIM COMMITTEE ON PUBLIC HEALTH
1712. If an individual, person, firm, association, or other entity,
after service upon him or it, of a cease and desist order issued by the
department under Section 1711, persists in prescribing, recommendinp:,
or using the drug, medicine, compound, or device described in said
cease and desist order, or a substantially similar drug, medicine, com-
pound, or device, the superior court in any county, on application of
the department, may issue an order to show cause why there should not
be issued an injunction or other appropriate order restraining such
individual, person, firm, association, or other entity from prescribing,
recommending, or using such drug, medicine, compound, or device, or
any substantially similar drug, medicine, compound, or device. After
a hearing on such order to show cause, an injunction or other appro-
priate restraining order may be issued.
Proceedings under this section shall be governed by Chapter 3 (com-
mencing at Section 525) of Title 7 of Part 2 of the Code of Civil
Procedure, excepting that no undertaking shall be required in any
action commenced by the department under this section.
1713. Any person against whom an injunction has been issued,
under Section 1712, may not undertake to use in the diagnosis, treat-
ment, or cure of cancer any new, experimental, untested, or secret drug,
medicine, compound, or device without first submitting it to the depart-
ment for investigation and testing.
1714. It is a misdemeanor for any person willfully and falsely to
represent a device, substance or treatment as effective to arrest or cure
cancer.
1715. A third violation, and subsequent violations, of this chapter
is a felony.
1716. The director shall investigate possible violations of this
chapter and report violations to the appropriate enforcement authority.
1717. County health officers, district attorneys and the Attorney
General shall co-operate with the director in the enforcement of this
chapter.
1718. The department, upon recommendation of the Cancer Ad-
visory Council, may from time to time publish reports based on its
investigation or testing of any drug, medicine, compound, or device
prescribed, recommended, or used by any individual, person, firm,
association, or other entity, and when, in the opinion of a majority
of the members of the Cancer Advisory Council, the use of any drug,
medicine, compound, or device in the diagnosis, treatment or cure of
cancer constitutes an imminent danger to health or a gross deception
of the public, the department may take appropriate steps to publicize
the same.
1719. The department shall submit to the Governor, for submission
to the Legislature in January of each year, a report of its activities
under this chapter during the preceding 12 months.
1720. The provisions of this chapter shall expire on December
31, 1968.
printed in California state printing office
L-3529 1-59 1,500
FINAL REPORT
of the
SENATE INTERIM COMMITTEE ON PUBLIC HEALTH
(Senate Resolution No. 148 — 1957 Session)
MEDICAL QUACKERY
MEMBERS OF THE COMMITTEE
JOHN F. THOMPSON, Chairman
RICHARD RICHARDS, Vice Chairman
J. WILLIAM BEARD JOHN J. HOLLISTER, JR. A. A. ERHART
ROBERT L. DAVIS, Executive Secretary
DELLA BRADFIELD, Secretary
Published by the
SENATE
OF THE STATE OF CALIFORNIA
1959
GLENN ANDERSON
President of the Senate
HUGH M. BURNS JOSEPH A. BEEK
President pro Tempore Secretary
TABLE OF CONTENTS
Page
Letter of Transmittal 5
Introduction 7
California Quackery Laws 9
Senate Bill No. 194 as Enacted and Legislative Counsel Report 12
Blindness Prevention 22
Homes for the Aged 23
Conclusion and Recommendations 24
(3)
LETTER OF TRANSMITTAL
Senate, June 19, 1959
Hon. Glenn Anderson, President
and Members of the Senate
Gentlemen : The Senate Interim Committee on Public Health, cre-
ated pursuant to Senate Resolution No. 148, 1957 Regular Session,
presents herewith its final report on medical quackery and other public
health subjects.
Respectfully submitted by
John F. Thompson, Chairman
Richard Richards, Vice Chairman
J. "William Beard
A. A. Erhart
John J. Hollister, Jr.
(5 )
2— L-4969
INTRODUCTION
On Friday, June 5, 1959, Governor Edmund G. Brown signed into
law Senate Bill No. 194, creating a Cancer Advisory Council in the
State Department of Public Health and regulating drugs, medicines,
compounds, and devices used in the diagnosis, treatment, and cure of
cancer.
This measure, introduced by Senators Thompson, Richards, Beard,
Erhart, Hollister, and Dolwig, was the result of a two-year study by
the Senate Interim Committee on Public Health.
It was the contention of the committee that further protection was
needed than previously provided by law against the quackery of those
who claim to be able to treat or cure cancer by methods which cannot
stand up under scientific testing.
Senate Bill No. 194 as enacted seeks a reasonable and moderate
answer to setting up methods for testing- all possible new drugs,
devices, and practices which might prove of value in fighting this
ailment which killed some 20,000 Californians last year. The new
law does not inhibit the experimentation and testing of new devices
or methods in any qualified scientific institution.
The bill had the endorsement and warm support of the American
Cancer Society, California Medical Association, California Osteopathic
Association, California Nurses Association, State Department of Public
Health, Federation of Women's Clubs, California Congress of Parents
and Teachers, several labor unions, and other organizations.
(7)
CALIFORNIA QUACKERY LAWS
Prior to the enactment of Senate Bill No. 19-1, the Stanford Law
Review, published by Stanford University law students, surveyed the
status as well as the inadequacies of present laws designed to protect
the public from the medical quack. The conclusions residting from this
study are in the March, 1959, issue. The article, entitled "Quackery in
California, ' ' reads in part :
' ' Enacting' comprehensive legislation to deal effectively with the prac-
tice of medical quackery places a difficult burden on state legislatures.
At least three distinct public interests are involved : the protection of
health, the punishment of crime, and the right of the unorthodox to
experiment. Effective laws must include the ignorant and well-inten-
tioned quack as well as the fraud, yet exclude the practitioner who
makes a mistake or who prescribes innocuous remedies to relieve a
patient's anxiety. Licensed practitioners should be judged by stand-
ards recognized by the profession and these standards should accord
with present-day advances in medical science. In addition, effective en-
forcement provisions must supplement any statutory scheme designed to
eliminate quackery.
"California laws do not meet these criteria. In general, they are of
narrow scope, poorly drafted, or designed primarily for other purposes.
The licensed practitioner who, even in bad faith, uses worthless drugs
or devices is virtually immune from state control. With the possible
exception of the provisions prohibiting the practice of medicine without
a license, existing law is largely inapplicable or else unenforced against
the unlicensed. In most cases the prosecution is confronted with the
diiScult problem of establishing before a lay jury that the defendant
acted in bad faith or that the drug or device was harmless or worth-
less. There is apt to be considerable difficulty in obtaining any testi-
mony from the quack's patients, since they are often deluded into the
belief that they have been 'cured.' In addition, existing penalties ap-
pear to be inadequate as a deterrent ; where large profits are possible,
the quack is apt to take the chance of conviction. Of 59 convictions
since 1948, 30 sentences imposed a penalty of $200 or less.
"The problems which have arisen in enforcing present laws have
also contributed to their ineffectiveness. There is evidence of a definite
lack of co-operation — occasionally to the point of hostility — between
law enforcement agencies. One notable exception, however, has been
the mutual assistance and exchange information between federal and
state authorities. Experience has also shown a lack of sufficient per-
sonnel in the Bureau of Food and Drug Inspections, the agency spe-
cifically charged with enforcement of a major part of the quackery laws.
Finally, there is clear evidence of a lack of interest throughout tlie
State in enforcing quackery laws — perhaps not an unnatural tendency
in view of the complexity of the problem and the general unfamiliarity
with the subject.
(9)
10 FINAL REPORT ON MEDICAL QUACKERY
"Many of these deficiencies suggest remedial legislation that should
be considered by the State Legislature. The present provisions for the
withdrawal of professional licenses should be extended to include the
practice of quackery within the meaning of unprofessional conduct.
Consideration should be given to the adoption of a provision pro-
hibiting the sale or use of any drug or device that has previously been
seized or the use of which has been enjoined under federal laws. It
is recommended that a special enforcement office within the Attorney
General's Office be established, charged with the responsibility of co-
ordinating the activities of the several agencies enforcing the quackery
laws: the three licensing boards, the Bureau of Food and Drug In-
spections, and local district attorneys. Appointment of a full-time
advisor, particularly if he is granted authority to initiate prosecution
under any applicable code section in any county of California, would
give the administrator the overall authority and experience obviously
lacking under present law.
"Based upon the preceding analysis of California law, it would seem
that effective control of quackery ultimately must come in the form
of a single statutory scheme establishing clear lines of responsibility
and authority. To this end there is presently pending before the Cali-
fornia Legislature a bill designed to eliminate cancer quackery, the
greatest single problem in this area.
"The cancer bill is noteworthy for the approach it adopts to deal
with the problem. Under the provisions of the bill, a Cancer Advisory
Council including nine physicians and surgeons and three laymen is
appointed by the Governor.^ The Department of Public Health is
granted authority to investigate and test the content, preparation,
or use of any drug or device used for the diagnosis or treatment of
cancer and to require that any person representing that he is engaged
in the diagnosis or treatment of cancer supply samples and information
about the remedy. After a hearing, and upon recommendation of the
Cancer Advisory Council, the department may issue a cease and desist
order where a drug or device is found to be either harmful or of no
positive value. Violation of this order constitutes a misdemeanor, and
if the defendant persists in using the drug or device, the department
may obtain an injunction prohibiting its further use. The bill specifi-
cally excepts persons depending solely upon prayer to aid in healing,
and drugs or devices intended solely for investigational use by qualified
experts.
"In the light of the preceding examination of existing laws, the
cancer bill is significant for several reasons. It provides for a board
of qualified experts cutting across all jurisdictional provisions of the
licensing statutes in order to concentrate entirely on the efficacy of
the treatment in question. It eliminates arguments over good faith
and leaves scientific determinations of the value of the drug or device
to independent experts rather than to lay jurors. For the first time
sanctions are provided in the case of drugs which are not harmful but
only worthless. The bill avoids the difficulties involved in proving a
1 The bill as enacted established a Cancer Advisory Council composed of nine physi-
cians and surgeons licensed to practice medicine in, and residing in, this State,
three persons who are not physicians and surgeons, two persons representing
nonprofit cancer research institutes recognized by the National Cancer Institute
and the Director of Public Health serving as an ex officio member.
FINAL REPORT ON MEDICAL QUACKERY 11
specific intention to violate the operative provisions. Finally, the ori-
entation of the entire bill is directed toward giving effect to several
important public interests — the protection of health, the prevention
of financial loss to individuals, the apprehension of crime, and the
raising of medical standards.
"At the same time the preceding analysis of California law points
up several apparent defects or omissions in the bill as presently
drafted. Most evident is the fact that it is limited to cancer quackery.
Given a quota of knaves in a community, it is probable that the passage
of the cancer bill will result in turning their efforts elsewhere — -to
heart disease, arthritis or tuberculosis. Additional investigative power
under the bill is given to the Department of Public Health without a
grant of additional personnel.^ * * *
"Nevertheless, it is significant that the quackery problem has been
drafted to expire in 1968,^ when it is expected that the entire problem
will be reviewed. It would be highly desirable that similar coverage be
provided for all types of quackery. In any event, it is to be hoped
that the Legislature will not delay for a full decade a complete revision
of all laws related to the problem of quackery in this State."
2 The Department of Public Health has estimated the cost for the enforcement of this
legislation at $52,000 on an annual basis. The initial appropriation was con-
tained in a companion measure, Senate Bill No. 267, and provides for additional
personnel.
3 The bill as enacted provides for an expiration date of December 31, 1965.
SENATE BILL No. 194 AS ENACTED
AND LEGISLATIVE COUNSEL REPORT
Because of the widespread interest in the new cancer law, both
within the State of California and throughout the United States, Sen-
ate Bill No. 194 as enacted and the report of the Legislative Counsel
are herewith printed.
CHAPTER 789
An act to add Section 2378.5 to the Business and Professions Code,
and Chapter 7 (commencing at Section 1700), Division 2, to
the Health and Safety Code, relating to the creation of a Cayicer
Advisory Council, and the regulation and control of the diag-
nosis, treatment, and cure of cancer.
The people of the State of California do enact as follows:
Section 1. Section 2378.5 is added to the Business and Profes-
sions Code, to read :
2378.5. The violation of any provision of Chapter 7 (commenc-
ing at Section 1700) of Division 2 of the Health and Safety Code,
or any violation of an injunction issued under Chapter 7 of Divi-
sion 2 of the Health and Safety Code, constitutes unprofessional
conduct within the meaning of this chapter.
Sec. 2. Chapter 7 (commencing with Section 1700) is added to
Division 2 of the Health and Safety Code, to read :
Chapter 7. Cancer
1700. The effective diagnosis, care, treatment or cure of per-
sons suffering from cancer is of paramount public importance.
Vital statistics indicate that approximately 16 percent of the total
deaths in the United States annually result from one or another of
the forms of cancer. It is established that accurate and early diag-
nosis of many forms of cancer, followed by prompt application of
methods of treatment which are scientifically proven, either materi-
ally reduces the likelihood of death from cancer or may materially
prolong the useful life of individuals suffering therefrom.
Despite intensive campaigns of public education, there is a lack
of adequate and accurate information among the public with re-
spect to presently proven methods for the diagnosis, treatment,
and cure of cancer. Various persons in this State have represented
and continue to represent themselves as possessing medicines,
methods, techniques, skills, or devices for the effective diagnosis,
treatment, or cure of cancer, which representations are misleading
to the public, with the result that large numbers of the public,
relying on such representations, needlessly die of cancer, and sub-
stantial amounts of the savings of individuals and families relying
on such representations are needlessly wasted.
(12)
FINAL REPORT ON MEDICAL QUACKERY 13
It is, therefore, in the public interest that the public be afforded
full and accurate knowledge as to the facilities and methods for
the diagnosis, treatment, and cure of cancer available in this State
and that to that end there be provided means for testing and
investigating the value or lack thereof of alleged cancer remedies,
devices, drugs, or compounds, and informing the public of the
facts found, and protecting the public from misrepresentation
in such matters.
The importance of continuing scientific research to determine
the cause or cure of cancer is recognized, and the department shall
administer this chapter with due regard for the importance of
bona fide scientific research and the clinical testing in hospitals,
clinics, or similar institutions of new drugs or compounds.
1701. There is in the State Department of Public Health a
Cancer Advisory Council composed of nine physicians and sur-
geons licensed to practice medicine in, and residing in, this State,
three persons who are not physicians and surgeons, two persons
representing nonprofit cancer research institutes recognized by the
National Cancer Institute, and the director of the department,
who shall be an ex officio member. The members of the council
shall be appointed by the Governor to serve for terms of four
years. The Governor shall make the first appointments hereunder
for terms expiring, respectively, on the fifteenth day of January,
as follows : three in the year 1960, three in the year 1961, four in
the year 1962, and four in the year 1963. The Governor, in appoint-
ing the first members, shall appoint at least one member from the
faculty of each of the schools teaching medicine and surgery and
located in this State that are approved by the State Board of
Medical Examiners and the State Board of Osteopathic Examiners,
or either of them. The Governor shall endeavor to maintain one
member from the faculty of each school in making subsequent
appointments.
1702. The members of the council, other than the director of
the department, shall receive no compensation for their services,
but shall be allowed their actual necessary traveling expenses in-
curred in the discharge of their duties.
1703. The council shall annually elect one of its members to
serve as chairman. The council shall meet at least twice each year,
and as often in addition as necessary, for the purpose of carrying
out its duties.
1704. The department shall :
(a) Prescribe reasonable rules and regulations with respect to
the administration of this chapter.
(b) Investigate violations of the provisions of this chapter, and
report such violations to the appropriate enforcement authority.
(c) Secure the investigation and testing of the content, method
of preparation, efficacy, or use of drugs, medicines, compounds,
or devices proposed to be used, or used, by any individual, person,
firm, association, or other entity in the State for the diagnosis,
treatment, or cure of cancer, prescribe reasonable regulations with
respect to such investigation and testing, and make findings of
; iny sadi mresfcl-
gadoii and tpiging
(d) Hold hearings in respeet of tliose matters in^olwing campHr-
anee with the prorisiotis of this Aapber and snl^KKna -witnesBes
and doenmentSu Am- or all soeh healings may be held beSne the
Cancer Adrisoiy ConneiL Any adminBdjative aetaan to be taken
by the department as a resolt of sodi hearii^s shall betaken ool^
after reeeipt of the reeommeiidations of the eooneiL Prior to issii-
anee of a eease and desist order undo* Section 1711, a hearing diall
be hdd. The persmi fMniBJiwig a sample undo' Seetiom 1707 dall
be giren due notiee of sodi hearing and an opportunity to be
heard.
(e) Contraet with indepeiyAeDt seientifie emtsnUants for speeaai-
ized serriees and adriee.
In the exerdfie of the powers granted by this seetion, the de-
partment shall etMisnlt with the Caneer Adrisory CooneiL
17(i5. For the purposes of this ebapter "caneer" means all ma-
lignant neoplasms regardless of the tisiie of origin, indnding ma-
lignant h-mphoma and leukemia.
1706. Xo perstm may undertake to treat or alleviate eaneer by
use of dn^s, surgery, or radiation unless sneb person, hcdds a U-
eense issued nnder a law of this State ex^nreseJy authorizii^ the
diagnosis and treatment of disease by use of dm^s, surgery or
radiation.
1707. On written request by tiie departm^it, ddiirered person-
al]^ or by mail, any individual, person, firm, association, or other
oitity enagaged. or representing himself, or itself, as engaged, in
the diagnosis, treatment, alleviation, or eure of eaneer shall fnr-
nkh the department with sueh sample as the department may
deem neeeasary for adequate testing of any drug, medieine, eom-
pound, or deviee used or preseribed by sudi individual, person,
firm, association, or other eniitj in the diagnosis, treatment, alle-
viation, car eure of eaneer, and diall specify ibe formula of any dn^
or compound and name all ingredients by their eommtm or usual
names, and shall, upon like request liy the department, fnmidi
sueh further neeeasary information as it m^ request as to the
ecHnpositicHi and method of preparation of and the use to vdddh
ai^ sueh drug, compound, or deviee is being put by sueh individ-
ual, persim, firm, association, or other entity. This section shall
apply to aay individual, pers<m, firm, association, or other entity
that renders health eare or services to individuals who have or be-
liere they hare eaneer. This seetion also applies to ai^ individual,
person, firm, association, or other entity that by implieatiim esfses
individuals to believe they have eaneer.
The failure to either provide the sample, diadose the f ormnla,
or name the ingredients as required by this seetkni shall be em-
elusive^ presumed that the drug, medieine, eooqionnd or deviee
which is the subject of the department's requert has no value in
the di^ig™To«j treatment, alleviatHm, or eure of eaneer.
1708. This chapter shall not apply to the nae of any drug,
medicine, ecnnpound, or deviee intended soMy ior legitimate and
bona fide investigatuRial purposes by e^>ertB qualified by
UlStt Irttiniuif Htu\ ttxiHtrttrtU'M Ut iuvt'niiifui^. i\nt unfttty nmi tbera-
pttulii viilitt' lUttrmf uuU'm iUtr (U'ltariuuuti uluill i\iu\ tlmt Much
ilnnf, unt4irnH', «,; i hr Attyuut In U'in« imul in (iiay^iutHiH or
irt'Ulun'Ul fur loi. .it nu'i |»r'»fl»
1700, 'J'h" fix] !i, firm, HwwK-iatioii,
"»' "IJ"^^ '-/ihty < jw 'rii{jftt«»'«l in lh«?
<littt?n/*«i», In'ttinKni, iil)<-vi.iii/>n, or <'nr« «f (!«n<!4?r Ut lumtiAy with
ijny of l\nt |iiovJtel/<n« of Lhii* ^rhujiU'r, or with uny order of the
tUti>nnu»'ul viili^lly itmtm\ uwUt iU'iu <rhiii»l<'r, im a uuhtU'ttutnutr.
Th<* |»rovi««iion« nf thJM chiipU'r Nhnll not Mpjily to uny iM-rMin
who i)<'|i«'n/l«* «^x<:l«ji»iv«'ly upon itrnytr Utr hfralinu in a<:<:oi(ittnc«
wifh th<r l<'ij<h(n{/tt of rt l»onrt i\iUt r<rli}/iou« w?<jt, denomiruttiun, or
or{/MoJ/,ttlion, nor \>rmi\\'uiiuu- thereof,
1710, 'I'h'' Jnv<'«li(^«lJon or t/f«lin{^ of imy jirodmrt hliitll not he
tUHtuiini Ui imply or in<ii<'«t*! uny emJorjMrnx'nt of tlie quiilin<Mitiorui
or vtt)u« of liny xu^'h produet, No {tarmu ithall make any repre-
fci'nlMtjon lhnt inv'^wlJ^rttflon or t<''«tinpr h<'n'nn<h'r r-onnliiuli'H uny
ttpproviil or <'n<IorM'm<'nt of hii*, or itx, a«rtivilie« hv the llMwar
A<lviwiry Coiineil or Ww <|ej»(irlm«'nt 'Ww \u\' iij(
of mxy proilo'l nUttW not he (l<'<'nj«'<J to unply m nth
jirodurt i)» uni'h'iiii or liarmful iuu[ (lnrin{/ W^htin^.' nri \n'rtiitu Mhall
mttke liny rcpr'-^'ntalion, cxeejit to the de|iarlment or (Janeer
7\dvii*ory (-'ouneil, that the produet under tic^t In dii*credit/jd or
Ihiit it haw been found uwh-ttM or liarmful,
171 1. J''(<JlowinK' '»'» iovKlit-'utJon or U'«tin{/ of the content or
eompottilion of uny druf/, medicine, eomfiound, or deviee UH<-»d by
liny individual, \Htrwi\i, firm, at»»o<iation, or other entity in the
d)af?noai«, treatment, alleviation, or eure of eaneer, and after
hearinf/ an provided in Heetion 1704, the deparlnient, upon reeora-
meiidati<»n of the C'aneer Arlviwory Council, may direct that any
«ueh individual, pernon, firm, aKHf»eitttion, or other entity hliall
eea«e and deniMt any further jneMcrihintf, reeommendiiiff, or uhc
of any wuch drufi", medicine, compound, or device, or any Huh-
wtantially similar driipr, medi»!ine, compound, or deviee, in the
diaf-'nowiM or tieatiiient of cancer.
In the inveHtiKHtion or teHtiiifr required by thi*» chapter to deter-
mine the value <»r lack thereof of any dru{f, medicine, compound
or device in the dia{?n<tMi8, treatment, or cure of ciincer, the de-
partment Mliall, an it deeniH necchsary or advinahle, utilize the fa-
• ilitii'H and /JiidiMtrs of it« own laliorat<»ric« or other appropriate
lal)orat(irii'«, clinicH, hoMpitnln, and no)iprofil cancer research insti-
tiitcN recof/ni/ed hy the National ('anccr IiiHtitute, within this
Klalc or the facilitl<'K and lindinirw of the Federal G«»vcrnment,
includiiif^ the National Cancer Iniititute. Upon a recommendation
by the Catieer Advisory Couiuiil, the department shall arrange,
by contract, for iuvesti^ration by and submission to it of findine^a,
coiicliiMidiiH, or npiniunN of trained scicntihts in the appropriate
dcpailnu'iilH of uiiivci-KitieH, mediital schools, clinics, hospitals,
an<l jionpntlit caMccr rcHrardi institutes reco{/ni/(*d by the National
Cancer Institute, and tlic Kul)iiiissi(jn to it of lindin^rs, cttndusions,
or opinions of other (pialifitd scientists. Prior to the issuance of
a cease and desist order under this section, the Cancer Advisory
16 FINAL REPORT ON MEDICAL QUACKERY
Council, by the affirmative vote of at least 11 of its members, at
least one of whom shall not be a physician and surgeon, shall make
a written finding of fact based on such investigation that the drug,
medicine, compound, or device so investigated has been found to
be either definitely harmful or of no value in the diagnosis, treat-
ment, alleviation, or cure of cancer and the department must be
satisfied beyond a reasonable doubt that the written findings of
the fact are true.
1712. If an individual, person, firm, association, or other entity,
after service upon him or it, of a cease and desist order issued by
the department under Section 1711, persists in prescribing, recom-
mending, or using the drug, medicine, compound, or device de-
scribed in said cease and desist order, or a substantially similar
drug, medicine, compound, or device, the superior court in any
county, on application of the department, and when satisfied by
a preponderance of the evidence that the written findings of fact
required of the Cancer Advisory Council by Section 1711 are true,
may issue an order to show cause why there should not be issued
an injunction or other appropriate order restraining such indi-
vidual, person, firm, association, or other entity from prescribing,
recommending, or using such drug, medicine, compound, or device,
or any substantially similar drug, medicine, compound, or device.
After a hearing on such order to show cause, an injunction or
other appropriate restraining order may be issued.
Proceedings under this section shall be governed by Chapter
3 (commencing at Section 525) of Title 7 of Part 2 of the Code
of Civil Procedure, excepting that no undertaking shall be re-
quired in any action commenced by the department under this
section.
1713. Any person against whom an injunction has been issued,
under Section 1712, may not undertake to use in the diagnosis,
treatment, or cure of cancer any new, experimental, untested, or
secret drug, medicine, compound, or device without first submit-
ting it to the department for investigation and testing.
1714. It is a misdemeanor for any person willfully and falsely
to represent a device, substance or treatment as effective to arrest
or cure cancer. Nothing in this section shall abridge the existent
rights of the press.
1715. A third violation, and subsequent violations, of this
chapter is a felony.
1716. The director shall investigate possible violations of this
chapter and report violations to the appropriate enforcement
authority.
1717. County health officers, district attorneys and the Attorney
General shall co-operate with the director in the enforcement of
this chapter.
1718. The department, upon recommendation of the Cancer
Advisory Council, may from time to time publish reports based on
its investigation or testing of any drug, medicine, compound, or
device prescribed, recommended, or used by any individual, person,
firm, association, or other entity, and when, in the opinion of a
majority of the members of the Cancer Advisory Council, the use
FINAL REPORT ON MEDICAL QUACKERY 17
of any drug, medicine, compound, or device in the diagnosis, treat-
ment or cure of cancer constitutes an imminent danger to health
or a gross deception of the public, the department may take appro-
priate steps to publicize the same.
^ 1719. The department shall submit to the Governor, for submis-
sion to the Legislature in January of each year, a report of its
activities under this chapter during the preceding 12 months.
1720. All hearings authorized by this chapter shall be con-
ducted in accordance with Chapter 5 (commencing with Section
11500) of Part 1, Division 3, Title 2 of the Government Code.
1721. The provisions of this chapter shall expire on December
31, 1965.
State of California
Office of Legislative Counsel
May 27, 1959
Report on Senate Bill No. 194 — Thompson
Summary: Adds Sec. 2378.5, B. & P. C, and Ch. 7 (commencing
at Sec. 1700), Div. 2, H. & S. C, re cancer.
Provides for the creation of a Cancer Advisory Council in the
Department of Public Health and for the regulation and control
of drugs, medicines, compounds and devices used in the diagnosis,
treatment, and cure of cancer.
Prohibits any person from undertaking to treat or alleviate
cancer by use of drugs, surgery, or radiation unless licensed under
state law which expressly authorizes diagnosis and treatment of
disease by use of drugs, surgery, or radiation.
Provides that any violation of such provisions or of an injunc-
tion issued pursuant thereto constitutes unprofessional conduct
under the State Medical Practice Act.
Form: Approved. Title: Approved. Constitutionality : Approved.
Analysis
Makes any violation of the provisions contained in the proposed
Chapter 7 (commencing at Sec. 1700), Division 2 of the Health
and Safety Code,* or of an injunction issued pursuant thereto,
unprofessional conduct within the meaning of the State Medical
Practice Act (proposed Sec. 2378.5, B. & P. C).
Declares that it is in the public interest that public be afforded
full and accurate knowledge as to facilities and methods for
diagnosis, treatment, and cure of cancer available in this State
and that to that end there be provided means for testing and
investigating value or lack thereof of alleged cancer remedies,
devices, drugs, or compounds, and informing public of facts found,
and protecting public from misrepresentation in such matters
(Sec. 1700).
Recognizes importance of continued scientific research to deter-
mine cause or cure of cancer and requires State Department of
Public Health to administer chapter with due regard for impor-
tance of bona fide scientific research and clinical testing in hospi-
* All section references, unless otherwise indicated, are to proposed sections of the
Health and Safety Code.
18 FINAL REPORT ON MEDICAL QUACKERY
tals, clinics, or similar institutions of new drugs or compounds
(Sec. 1700).
Establishes a Cancer Advisory Council in the State Department
of Public Health composed of nine physicians and surgeons
licensed to practice medicine in, and residing in, this State, three
persons who are not physicians and surgeons, two persons rep-
resenting nonprofit cancer research institutes recognized by the
National Cancer Institute, and the Director of Public Health
serving as an ex officio member (Sec. 1701).
Provides that Governor shall appoint members of council for
term of four years, except original members, who are to be ap-
pointed for staggered terms not exceeding four years. Requires
that in appointing first members Governor appoint at least one
member from faculty of each of schools teaching medicine and
surgery located in this State that are approved by State Board of
Medical Examiners and State Board of Osteopathic Examiners,
or either of them, and that he shall attempt to maintain a mem-
ber from each school in making subsequent appointments (Sec.
1701).
Provides that members of council, other than Director of Public
Health, shall receive no compensation for their services, but shall
be allowed necessary travel expenses incurred in discharge of
duties (Sec. 1702).
Requires council annually elect one of its members chairman
and meet at least twice a year and as often in addition as neces-
sary for purposes of chapter (Sec. 1703).
Requires department to prescribe reasonable rules and regula-
tions with respect to administration of chapter (sub. (a). Sec.
1704).
Requires department to investigate violations of provisions of
chapter and report such violations to appropriate enforcement
authority (sub. (b), Sec. 1704).
Requires department to secure investigation and testing of
content, method of preparation, efficacy, or use of drugs, medi-
cines, compounds, or devices proposed to be used, or used, by any
individual, person, firm, association, or other entity in this State
for diagnosis, treatment, or cure of cancer, prescribe reasonable
regulations with respect to such investigation and testing, and
make findings of fact and recommendations upon completion of
such investigation and testing (sub. (c). Sec. 1704).
Requires department hold hearings in respect of those matters
involving compliance with provisions of chapter and subpoena
witnesses and documents. Provides that such hearings may be held
before Cancer Advisory Council and requires that any administra-
tive action taken by department as result of such hearings be taken
only after receipt of recommendations of council. Requires that
prior to issuance of cease and desist order a hearing be held and
requires person furnishing sample of drug, medicine, compound,
or device be given due notice of hearing and opportunity to be
heard (sub. (d). Sec. 1704).
Requires department to contract with independent scientific con-
sultants for specialized services and advice (sub. (e). Sec. 1704).
FINAL KEPORT ON MEDICAL QUACKERY 19
Requires department, in exercise of powers granted, to consult
with Cancer Advisory Council (Sec. 1704).
Defines "cancer" to mean all malignant neoplasms regardless of
tissue of origin, including malignant lymphoma and leukemia
(Sec. 1705).
Prohibits any person from undertaking to treat or alleviate
cancer by use of drugs, surgery, or radiation unless such person
holds a license issued under law of this State expressly authorizing
diagnosis and treatment of disease by use of drugs, surgery, or
radiation (Sec. 1706).
Requires, on written request by department, that any individual,
person, firm, association, or other entity engaged, or representing
himself, or itself, as engaged in the diagnosis, treatment, allevia-
tion, or cure of cancer, furnish to the department such sample as
department may deem necessary for adequate testing of any drug,
medicine, compound, or device used or prescribed by such in-
dividual, person, firm, association, or other entity in diagnosis,
treatment, alleviation, or cure of cancer, and requires that he or
it specify the formula of any drug or compound and name all in-
gredients by their common or usual names, and that he or it, upon
like request by the department, furnish such further necessary in-
formation as it may request as to the composition and method of
preparation of and the use to which any such drug, compound, or
device is being put by such individual, person, firm, association,
or other entity (Sec. 1707).
Provides that such provisions shall apply to any individual, per-
son, firm, association, or other entity that renders health care or
services to individuals who have or believe that they have cancer
and shall also apply to any individual, person, firm, association,
or other entity that by implication causes individuals to believe
they have cancer (Sec. 1707).
Makes failure to either provide sample, disclose formula, or name
ingredients as required conclusive presumption that the drug,
medicine, compound, or device which is the subject of the depart-
ment's request has no value in diagnosis, treatment, alleviation, or
cure of cancer (Sec. 1707).
Exempts from coverage of chapter use of any drug, medicine,
compound, or device intended solely for legitimate and bona fide
investigational purposes by experts qualified by scientific training
and experience to investigate the safety and therapeutic value
thereof, unless department finds that such drug, medicine, com-
pound, or device is being used in diagnosis or treatment for com-
pensation and profit (Sec. 1708).
Makes failure of any individual, person, firm, association, or
other entity representing himself, or itself, as engaged in diagnosis,
treatment, alleviation, or cure of cancer to comply with any pro-
visions of chapter, or with any order of the department validly
issued under chapter, a misdemeanor (Sec. 1709).
Exempts from coverage of chapter any person who depends ex-
clusively upon prayer for healing in accordance with teachings of
bona fide religious sect, denomination, or organization, or practi-
tioner thereof (Sec. 1709).
20 FINAL REPORT ON MEDICAL QUACKERY
Provides that investigation or testing of any product shall not be
deemed to imply or indicate any endorsement of the qualifications
or value of any such product, and prohibits any person from mak-
ing any representation that investigation or testing constitutes
approval or endorsement of his, or its, activities by Cancer Ad-
visory Council or department. Also provides that investigation or
testing of product shall not be deemed to imply or indicate that
product is useless or harmful and prohibits any person during
testing from making any representation, except to department or
Cancer Advisory Council, that product under test is discredited or
has been found useless or harmful (Sec. 1710).
Authorizes department, following investigation or testing of con-
tent or composition of drug, medicine, compound, or device used
by any individual, person, firm, association, or other entity in diag-
nosis, treatment, alleviation, or cure of cancer, and after hearing,
to direct, upon recommendation of Cancer Advisory Council, that
such individual, person, firm, association, or other entity cease and
desist from further prescribing, recommending, or use of such
drug, medicine, compound, or device, or any substantially similar
drug, medicine, compound, or device, in diagnosis or treatment of
cancer (Sec. 1711).
Provides, in investigation or testing required by chapter to de-
termine value or lack thereof of any drug, medicine, compound, or
device, in diagnosis, treatment, or cure of cancer that department
shall, as it deems necessary or advisable, utilize facilities and find-
ings of its own laboratories or other appropriate laboratories,
clinics, hospitals and nonprofit cancer research institutes recog-
nized by the National Cancer Institute, within this State or facili-
ties and findings of Federal Government, including National Can-
cer Institute. Requires, upon recommendation by Cancer Advisory
Council, that department arrange, by contract, for investigation
by and submission to it of findings, conclusions, or opinions of
trained scientists in appropriate departments of universities, medi-
cal schools, clinics, hospitals and nonprofit cancer research insti-
tutes recognized by National Cancer Institute and submission to
it of findings, conclusions, or opinions of other qualified scientists
(Sec. 1711).
Requires that prior to issuance of cease and desist order. Cancer
Advisory Council, by affirmative vote of at least 11 of its members,
at least one of whom is not a physician and surgeon, make a written
finding of fact based on such investigation that the drug, medicine,
compound, or device so investigated has been found to be either
definitely harmful or of no value in the diagnosis, treatment, elle-
viation, or cure of cancer and provides that department must be
satisfied beyond reasonable doubt that written findings of fact are
true (Sec. 1711).
Provides, if individual, person, firm, association, or other entity,
after service upon him or it, of cease and desist order, persists in
prescribing, recommending, or using, drug, medicine, compound,
or device described in such order, or substantially similar drug,
medicine, compound or device, that the superior court in any
county, on application of department, and when satisfied by a
FINAL REPORT ON MEDICAL QUACKERY 21
preponderance of evidence that written findings of fact required
of Cancer Advisory Council are true, may issue order to show cause
why there should not be issued an injunction or other appropriate
order restraining such individual, person, firm, association, or other
entity from prescribing, recommending, or using such drug, medi-
cine, compound, or device, or any substantially similar drug,
medicine, compound, or device. Authorizes, after hearing on such
order to show cause, issuance of injunction or other appropriate
restraining order (Sec. 1712).
Prohibits any person against whom an injunction has been
issued from undertaking to use in diagnosis, treatment, or cure of
cancer any new, experimental, untested, or secret drug, medicine,
compound, or device without first submitting it to the department
for investigation and testing (Sec. 1713).
Makes it a misdemeanor for any person to willfully and falsely
represent device, substance, or treatment as effective to arrest or
cure cancer. Declares that such provision shall not abridge the
existing rights of the press (Sec. 1714).
Makes third and subsequent violations of chapter a felony (Sec.
1715).
Requires Director of Public Health to investigate possible vio-
lations of chapter and report violations to appropriate enforcement
authority (Sec. 1716).
Requires county health officers, district attorneys, and the At-
torney General to co-operate with director in enforcement of chap-
ter (Sec. 1717).
Authorizes department, upon recommendation of Cancer Ad-
visory Council, to publish reports based on its investigation or
testing of any drug, medicine, compound, or device prescribed,
recommended, or used by any individual, person, firm, association
or other entity, and when, in opinion of majority of members of
Cancer Advisory Council, use of drug, medicine, compound, or
device in diagnosis, treatment, or cure of cancer constitutes immi-
nent danger to health or a gross deception of public, to take appro-
priate steps to publicize same (See. 1718).
Requires department to submit to the Governor for submission
to Legislature an annual report of its activities (See. 1719).
Requires that all hearings authorized by the chapter be con-
ducted in accordance with the provisions governing administrative
adjudications of the Administrative Procedure Act (Sec. 1720).
Provides provisions of chapter shall expire December 31, 1965
(See. 1721).
Ralph N. Kleps
Legislative Counsel
By Stanley M. Lourimore
Deputy Legislative Counsel
BLINDNESS PREVENTION
On January 21, 1959, the Senate Interim Committee on Public Health
held a public hearing on blindness prevention at the State Capitol in
Sacramento. The committee unanimously adopted a resolution urging
maintenance of a program for prevention of blindness within the State
Department of Public Health.
Assembly Bill No. 800, the Budget Bill, as enacted includes an appro-
priation of $35,662 for additional support of the Department of Public
Health for carrying out its duties and responsibilities with respect to
the prevention of blindness.
Senate Bill No. 574, introduced by Senators Thompson and Erhart,
is the authorization measure for the program. It requires the depart-
ment to maintain a program for blindness prevention.
The Prevention of Blindness Project has been in existence within the
department for approximately five years, financed by the "W. W. Kellogg
Foundation. The foundation funds expire June 30, 1959, and Senate
Bill No. 574 continues the project under state sponsorship.
The project is primarily an educational program wherein staff mem-
bers contact schools, hospitals, and civic groups and advise persons on
ways and methods of sight preservation. Clinics are held periodically
in various locations where eyes are examined and individuals are told
whether they have any eye defects or not.
The committee takes note of the fact that for every 100 children
saved from blindness, the potential savings to the State in cost of
special education amounts to two and one-half million dollars.
(22
HOMES FOR THE AGED
The Senate Interim Committee on Public Health conducted an exten-
sive investigation of licensed homes for the aged during 1955-1957 and
has since continued an active interest in the problems facing nursing
homes, boarding homes, and mental hygiene homes.
Legislation of 1957 gave the State Department of Public Health and
the State Department of Mental Hygiene the authority to seek a tem-
porary injunction in the superior court having jurisdiction which would
provide a basis for promptly closing an institution in serious violation
of the law or regulations. This legislation has proved to be of great
value.
The committee handled a number of measures during the 1959
Session of the California Legislature which clarify and strengthen
the duties of the agencies licensing homes for the aged, as well as
provide for greater participation of the licensees in preparing regu-
lations and rules designed to improve living standards and services.
(23)
CONCLUSION AND RECOAAMENDATIONS
The Senate Interim Committee on Public Health has been most
pleased by the success of the legislation it has proposed during the 1959
Session of the California Legislature.
Senate Bill No. 194 has already received recognition and acclaim as
the "Nation's first law against cancer quacks." From inquiries directed
to the committee from throughout the United States, it is expected that
other state legislatures will consider similar legislation in the months
and years to come.
Nevertheless, the committee believes it is important to continue
studies of the ways and means to further curb medical quackery, since
we would be remiss if we were to assume that the job is done.
As for other public health problems, we know that future legislative
studies will be needed because the battle against disease never ends.
priniti {n California state pkinting office
L.-4969 6-59 4M
REPORT TO THE LEGISLATURE
by the
SENATE INTERIM COMMITTEE ON
PUBLIC UTILITIES
MEMBERS OF THE COMMITTEE
SENATOR RICHARD J. DOLWIG, Chairman
SENATOR JAMES E. BUSH SENATOR ALAN SHORT
SENATOR A. A. ERHART SENATOR F. PRESLEY ABSHIRE
BRYANT M. SMITH
Sfaff Consultanf
Published by fhe
SENATE
OF THE STATE OF CALIFORNIA
GLENN M. ANDERSON
President of fhe Senate
HUGH M. BURNS JOSEPH A. BEEK
President pro Tempore Secretary
TABLE OF CONTENTS
Page
Letter of Transmittal 5
Chapter One : The Work of the Committee 7
Chapter Two : The Public Utilities Commission 9
Chapter Three: Procedures of the Commission 19
Chapter Four: Enforcement of Commission Orders 55
Chapter Five: Trucking Kates 63
Chapter Six: Freeway Bus Stops 70
(3)
LETTER OF TRANSMITTAL
California Legislature
Senate Interim Committee on Public Utilities
Honorable Glenn M. Anderson,
President, and Members of the Senate
Gentlemen: Herewith the Senate Interim Committee on Public
Utilities, established by Senate Resolution No. 175, 1957, transmits its
report.
Respectfully submitted,
Richard J. Dolwig, Chairman
A. A. Erhart
Alan Short
2 — L-4825
CHAPTER ONE
THE WORK OF THE COMMITTEE
Tlie Senate Interim Committee on Public Utilities was created by
Senate Resolution 175 at the 1957 Session of the Legislature. Senator
Richard J. Dolwig was made chairman of the committee and Senators
F. Presley Abshire, James E. Busch, A. A. Erhart, and Alan Short
were appointed to the committee. The committee held an executive
session on January 10, 1958 and hearings on July 2, November 24-25,
and December 11-12, 1958 and on January 25, 1959 and February 4,
1959. Hearings were held in Sacramento, San Francisco, and Los
Angeles. Notices of the hearings were sent to parties requesting them,
and for all hearings except that of July 2, 1958, to a large number of
regulated companies, civic and manufacturing associations.
Li its notices, the committee set forth the following subjects for in-
vestigation and purpose of the hearings:
Degree of Regulation
To consider whether the degree to which public utilities are regu-
lated in California is consistent with the best interests of the pub-
lic, and whether a narrower or broader scope of regulation would
better serve the present and future interests of California.
Public Utilities Commission Staff
To consider the relationship between the Public Utilities Com-
mission and its staff, especially examiners and reporters ; to investi-
gate the effects of this relation upon procedure in hearings and
upon the post-hearing decision-making process.
Enforceme7it of Commission Orders
To hear and consider testimony on the enforcement of the orders
of the Public Utilities Commission; to consider the adequacy and
efficiency of the sanctions now aA'ailable to the commission; and to
inquire Avhether additional or different methods of enforcement are
necessary and feasible.
Commission Investigations
To consider the extent to which the Public Utilities Commission's
investigative powers have, by reason of the complexity of the cor-
porate structures or of the business relations of utility companies,
been extended over private, nonutility companies and individuals ;
and to determine whether legislative standards to define the scope
of the Commission's investigative powers are necessary and feas-
ible.
Taxation of Possessory Interests
To hear and consider testimony relative to the taxation of posses-
sory interests and its effect upon utility rates ; and to consider
whether the respective interests of taxpayers and ratepayers are
properly equalized by such taxation.
(7)
8 COMMITTEE REPORT ON PUBLIC UTILITIES
Small Water Companies
To hear and consider testimony on the regulatory problems of
small water companies, f>articularly upon the ability of private
companies to compete with public enterprise; and the ability of
small companies to secure adequate representation before the Pub-
lic Utilities Commission; and to hear and consider proposals for
remedial legislation.
Freeway Bus Sto2JS
To consider the need for common carrier facilities, especially bus
stops and adjacent parking spaces, along freeways in metropolitan
areas, and to consider what legislation may be needed to improve
or extend such facilities.
To hear and consider further testimony and views upon proposi-
tions presented to the committee at previous hearings:
(a) To require publication, in advance of commission decisions, of
staff reports and recommendations considered or to be con-
sidered by the commission in making its decision, with oppor-
tunity to be heard where such reports contain information not
previously in the record.
(b) To require publication of an examiner's report on request of
any party.
(c) To divorce the commission from its staff, in order to separate
the functions of "prosecutor" from those of "judge."
(d) To eliminate or limit the power of the commission to prescribe
minimum tariff rates in the trucking industry.
(e) To empower the commission to impose fines for violation of its
tariff, or safety, or other regulations.
(f) To eliminate the power of the commission to initiate on its
own motion investigations of commodity shipping rates.
(g) To permit utilities to initiate rate increases, under bond, sub-
ject to refund after review and reversal by the commission.
To inquire further into the commission's investigative and rate-
making powers over nonutilit}^ affiliates of utility companies.
To hear and consider the testimony and views of witnesses as to
the effects and relative merits of "fair present value" as opposed
to historical cost in rate base evaluation.
To consider the reports of the Legislative Analyst and of the
Finance Department relative to the management and operations
of the commission.
Mr. Bryant M. Smith was engaged as of September 15, 1958, as con-
sultant for the committee, and participated in the hearings and prep-
aration of the committee report.
In addition to the hearings, investigation into commission procedures
was made at the headquarters of the commission in San Francisco, and
studies of the trucking industry and rate-making processes of the com-
mission were undertaken.
In addition to the record developed at the hearings and through
field and library research, communications to the committee were
studied and incorporated into the committee records for the purpose of
compiling this report.
CHAPTER TWO
THE PUBLIC UTILITIES COMMISSION
HISTORY
The historical development of the California Public Utilities Com-
mission has been described by former president of the commission Peter
E. Mitchell in the Southern California Law Review, Vol. 30:
' ' In California the legislature made a start toward regulation of
railroads before a rail line had ever been built in the state. In ] 858
the legislature passed a law, which seems primitive in this day, to
the effect that. * * *
" 'When any such railroad shall be opened for use, it shall be
unlawful for the corporation, its officers, or employees, to charge
more than 20 cents per mile for each passenger, and 60 cents per
mile for each ton of freight.'
"The act provided that any reduction below these rates should
be left to the discretion of the railroad. In that early day there was
no provision for the creation of a state administrative body to
regulate railroads or other utilities. There were, however, statutory
provisions committing to local governmental bodies the licensing
and rate-fixing of public ferries, toll bridges, and rate regulation
of canal companies. It was not until 1876 that the antecedents of
the present Commission came into being. In that year an ap-
pointive three-member State Board of Transportation Commis-
sioners, exercising limited jurisdiction over railroads, was created.
Railroads were required to file rates and statistical reports, and
rate discrimination and extortion were prohibited. In 1878 the law
was changed to provide for a single Commissioner of Transporta-
tion. His power with reference to rates was advisory only. "With the
adoption of the 1879 Constitution, provision was made in Article
XII, Section 22, for a three-member elective Railroad Commission
with power to fix rates and prescribe uniform systems of accounts
for railroads and other transportation companies. Implementing
legislation followed in 1880. For the following thirty-odd years
few legislative changes occurred. Comprehensive regulation as we
know it today did not exist.
' ' It was during the incumbency of Governor Hiram W. Johnson
that profound changes occurred, establishing the Commission as we
presently know it and committing to it very broad powers. Johnson
campaigned on a progressive reform platform and was elected
governor in 1910. The following year amendments to the constitu-
tion were adopted by vote of the people to implement reforms in
regulation. Most important to our study was the amendment which
created the present appointive Commission of five members and
gave it power to establish rates, examine records, subpoena
witnesses and records, if need be, and hear complaints by the
(9)
10 COMMITTEE REPORT ON PUBLIC UTILITIES
public. Broad powers for regulation and control over public
utilities, including transportation companies, were provided. In
1911 the Railroad Commission, prior to adoption of the constitu-
tional amendments, had sent Commissioner Max Thelen to visit
the leading public service commissions throughout the nation. He
carefully analyzed the work of a dozen of the leading commissions
and upon his return collaborated with the president of the new
Commission, John M. Eshleman, in drafting the Public Utilities
Act. This statute, implementing the constitutional amendments,
was passed by the legislature in December, 1911, and became effec-
tive March 23, 1912. Thus the powerful administrative- judicial
body known today as the Public Utilities Commission came into
being.
"Subsequent to the original act a number of additional statutes
were enacted which added to the duties and responsibilities of the
Commission, including the Act for Regulation of Water Companies
in 1913, the Food Warehousemen Act, 1919, For-Hire Vessel Act,
1933, Highway Carrier' Act, 1935, City Carriers' Act 1935, and
Household Goods Carriers' Act. The Public Utilities Act and many
related statutes were codified in the Public Utilities Code in 1951.
The name 'Railroad Commission' which had an historical basis,
but had long since ceased to be wholly descriptive because of its
ever broadening powers, was changed, in 1946, by a constitutional
amendment approved by the electorate, to the more fitting 'Public
Utilities Commission. '
"Since 1911, the California Public Utilities Commission has con-
sisted of five members, appointed by the governor ; since the 1946
amendment these appointments have been made with consent of the
senate. Commissioners are appointed for six-year terms starting at
different times. Thus, at all times, a majority of the Commission is
experienced. Each year the Commissioners elect one of their
number as president to act as the administrative head of the
organization.
"It is evident that from the beginning the legislative intent was
to create an independent, non-political and powerful agency of gov-
ernment. The California Commission is one of the few in the United
States whose power stems directly from the constitution. As earlier
indicated, the constitution has conferred upon the Commission
both administrative and judicial power. The legislature may not
reduce these powers, but its authority is plenary to add to the
duties of the Commission and to extend its authority in line with
the constitution. Further, the legislative intent regarding the
status of the Commission is evidenced by the provision in the
Public Utilities Act that court review of its decisions may be made
only by the California Supreme Court. It should be noted also that
'The review shall not be extended further than to determine
whether the Commission has regularly pursued its authority, in-
cluding a determination of whether the order of decision under
review violates any right of the petitioner under the Constitution
of the United States or the State of California. The findings and
conclusions of the Commission on questions of fact shall be final
and shall not be subject to review; such questions of fact shall in-
COMMITTEE REPORT ON PUBLIC UTILITIES 11
elude ultimate facts aud fiudinos and conclusions of the Commis-
sion on reasonableness and discrimination. ' The commission 's chief
counsel, Everett C. McKeage, a recognized authority on state
regulatory laAV, has called the California regulatory body the most
loowerful such commission in the United States."
POWERS
The Public Utilities Commission is a hybrid organization exercising
legislative, judicial, and adminstrative functions. Its powers are derived
both from the Constitution directly and by delegation from the Legis-
lature.
A. CONSTITUTIONAL POWERS
Certain of the commission's powers are derived by direct grant from
the State Constitution. The Legislature is without power, either by
silence or by direct enactment to modify, curtail, or abridge these con-
stitutional powers {People v. Western Air Lines (1954), 42 Cal. 2d
621).
1. Rofes
The Constitution vests broad power in the connuission to regulate the
rates of railroads and other transportation companies.
Thus, the commission is empowered "to establish rates of charges for
the transportation of passengers and freight by railroads and other
transportation companies, and no railroad or other transportation com-
pany shall charge or demand or collect or receive a greater or less or
different compensation for such transportation of passengers or freight,
or for any service in connection therewith, between the points named
in any tariff of rates, established by said commission than the rates,
fares and charges which are specified in such tariff" (Cal. Const., Art.
XII, Sec. 22).
The Constitution prohibits any railroad or other transportation com-
pany from raising any rate of charge the transportation of freight or
passengers or any charge connected therewith or incidental thereto
except upon a showing before the commission that an increase is justi-
fied and provides that the decision of the commission upon the showing
so made is not reviewable by any court except upon the question of
whether the decision of the commission will result in the confiscation
of property (Cal. Const., Art. XII, Sec. 20).
Kailroads and other transportation companies are prohibited from
charging any greater compensation in the aggregate for the transporta-
tion of passengers or of like kind of property for a shorter than for a
longer distance over the same line or route in the same direction or to
charge any greater compensation as a through rate than the aggregate
of the intermediate rate. However, the commission is empowered by the
Constitution to authorize a transportation company, in special cases and
after an investigation, to charge less for longer than for shorter dis-
tances. (Cal. Const., Art XII, Sec. 21.)
2. J'lckeis
The commission may authorize the issuance of excursion and commu-
tation tickets bv transportation companies at special rates (Cal. Const.,
Art. XII, Sec. 21).
12 COMMITTEE REPORT ON PUBLIC UTILITIES
3. Investigatory Powers
The commission is empowered to examine the books, records, and
papers of all railroad and other transportation companies ; to hear and
determine complaints against such companies ; and to issue subpoenas
and all necessary process and send for persons and papers. The com-
mission and the commissioners are empowered to administer oaths, take
testimony and punish for contempt in the same manner and to the same
extent as courts of record. (Cal. Const., Art. XII, Sec. 22.)
4. Uniform Accounts
The commission is authorized to prescribe a uniform system of ac-
counts to be kept by all railroad and other transportation companies
(Cal. Const., Art. XII, Sec. 22).
B. STATUTORY POWERS
As discussed above, the commission has various constitutional powers
which the Legislature cannot curtail or abridge. IIoAvever, the Legisla-
ture may enact legislation to facilitate the exercise of the constitutional
powers of the commission {People v. Western Air- Li7ies, Inc., 42 Cal.
2d at p. 637).
The Legislature mixj confer upon the commission "additional powers
of the same kind or different from" those conferred by the Constitu-
tion. The authority of the Legislature to confer such additional powers
is declared to be "plenary and unlimited by any provision of this
Constitution" (Cal. Const., Art. XII, Sec. 22). The California Supreme
Court has held that any additional poAvers conferred upon the commis-
sion must relate to matters which are cognate and germane to the
regulation of public utilities {East Bay MvmcipaJ Vfility District v.
Railroad Commission (1924), 194 Cal. 603. 608; City of San Mateo
V. Railroad Commission (1937), 9 Cal. 2d 1, 6).
1 . Public Utilities
The Constitution declares certain classes of business to be public
utilities and empowers the Legislature to declare others to be public
utilities (Cal. Const., Art. XII, Sec. 23). The Public Utility Code
enumerates the classes of public utilities (Sec. 216).
a. Certificates of Public Convenience and Necessity. Various types
of public utilities are required to obtain certificates from the commis-
sion for the construction of systems or furnishing of services (electric
and street railroads, telegraph, telephone, and water corporations. See.
1001 ; common carrier vessels, Sec. 1007 ; express companies and freight
forwarders. Sec. 1010 ; passenger stages. Sec. 1031 ; warehousemen in
cities having a population of 150,000 or more. Sec. 1051 ; highway com-
mon carriers and petroleum irregular route carriers, Sec. 1063).
In general, the commission may issue the certificate or refuse to issue
it, or issue it for the construction of a portion only of the contemplated
sy.steni or for the partial exercise only of the right or privilege, and may
attach to the exercise of the riglits granted by the certificate such terms
and conditions as in its jiulgment the public convenience and necessity
require (Sees. 1005, 1007, 1032, 1052, 1064).
COMMITTEE REPORT ON PUHLTC UTILITIES 13
b. Rales, rublie ntiiilies are required to charge just and reasonable
rates, and to refrain from preferential treatment and unj\ist discrimi-
nation (Sees. 451, 453).
Tariff schedules containing each utility 's rates and rules are required
to be filed with the commission (Sees. 486, 489, 495). No rate may be
increased, nor any rule altered so as to result in an increase in any rate,
except upon a showing before the commission and a finding that the
increase is justified (Sec. 454). No public utility may charge a different
rate than that set forth in its filed schedule (Sees. 494, 532). Tariff
filings which do not result in increases become effective after 30 days,
unless the commission suspends the filing and holds a hearing concern-
ing the propriety thereof. After the hearing, if the commission finds
the rates to be improper, it is required to fix just and reasonable rates
(Sec. 455). The commission has continuing authority to consider the
lawfulness of tariff rates in an investigation on its own motion or upon
complaint (Sec. 728).
e. Service and Safety. Under the Public Utilities Code, utilities are
required to furnish such adequate and reasonable service, equipment,
and facilities as are necessary to promote the safety, health, comfort,
and convenience of patrons, employees, and the public (Sec. 451). The
commission has power to require changes or additions in plant and
equipment, joint use of facilities, and installation of safety devices,
and to fix reasonable standards, practices, measurements, or service
(Sees. 730, 761-772).
d. Accounting and Security Issues. The commission is empowered
to establish uniform systems of accounts for the various classes of public
utilities (Sees. 792-795).
A public utility may not issue stocks or other evidences of interest or
ownership, or bonds, notes, or other evidences of indebtedness payable
more than 12 months after date of issue, without first obtaining the
authorization of the commission (Sec. 818), and then only for the pur-
poses specified in the code (Sec. 817). Authorization by the commission
is required for the refunding of short term notes (Sec. 823). No utility
may acquire any capital stock of another public utility in the State
without prior authorization from the commission (Sec. 852).
e. Transfer and Encumbrance of Property or Bights. No public
utility may sell, lease, mortgage, or otherwise dispose of or encumber
any of its property necessary or useful in the performance of its duties
to the public, or any franchise or permit, without the prior approval of
the commission, and any such transaction made other than in accord-
ance with the order of the commission authorizing it is void (Sec. 851).
2. Permitted Carriers
Various types of highway carriers are subject to regulation by the
Public Utilities Commission but not as public utilities. Highway con-
tract carriers, radial highway common carriers, and petroleum contract
carriers are regulated under the Highway Carriers' Act (Sees. 3501-
3809). Household goods carriers are regulated under the Household
Goods Carriers Act (Sees. 5101-5319). City carriers are regulated
under the City Carriers' Act (Sees. 3901-4149). These acts were en-
acted pursuant to the constitutional authorization (Cal. Const., Art.
14 co:mmittee report ox public utilities
XII, See. 22). The eonstilntionality of the Highway Carriers' and
City Carriers' Acts has been upheld on the grounds that the regulation
of such carriers is cognate and germane to the regulation of common
carriers and a proper exercise of the power to regulate the use of
highways for commercial purposes (Morel v. Railroad Commission
(1938), 11 Cal. 2d 488; Entremont v. WhitscU (1939), 13 Cal. 2d 290).
a. Permits. These carriers are not required to obtain certificates of
public convenience and necessity from the Public Utilities Commission,
but are required to obtain permits as a condition to doing business
(Sees. 3571, 3602, 3942, 5133). Unlike a certificate of public conven-
ience and necessity, the issuance of such a permit is not dependent
upon a finding of the Public Utilities Commission as to convenience
and necessity. The requirements of proof for the issuance of permits
differs slightly between classes. Highway contract carriers and radial
highway common carriers must establish financial responsibility to
perform the operations proposed and the commission is authorized to
attach to such permit such terms and conditions as, in its judgment,
are required to assure protection to per.sous utilizing the operations
(Sec. 3572). Petroleum contract carriers, city carriers, and household
goods carriers must establish both ability and financial responsibility
to initiate the proposed operations (Sees. 3604. 8943, 5135).
b. Bates. The commission, upon complaint, or upon its own initiative,
is authorized to establish or approve "just, reasonable, and nondis-
criminatory maximum or minimum or maximum and minimum rates
to be charged by permitted carriers" (Sees. 3662, 4011, 5191). The
commission is required to consider certain factors in establishing such
maximum and mininnim rates (Sees. 3662, 4012, 5191). However, the
minimum rates established for radial highway common carriers, high-
way contract carriers, ]ietroleum contract carriers, and household goods
carriers may not exceed the current rates of common carriers by land
subject to Part 1 of Division 1 (the certificated carriers) for the trans-
portation of the same kind of propertv between the same points (Sees.
3663,5192).
The permitted carriers may not charge rates greater than the maxi-
mum rates or less than the minimum rates established by the commis-
sion (Sees. 3667, 4013, 5193). However, the commission may authorize
such carriers to perform any transportation or accessorial service at a
lesser rate than the minimum established rate if it finds that such
lesser rate is reasonable (Sees. 3666, 5195), and with respect to city
carriers, consistent with the public interest (Sec. 4015).
The principal difference between the power of the Public Utilities
Commission over the rates of the certificated carriers and its power
over the rates of the permitted carriers is that the Public Utilities Act
requires the certified carriers to file and observe precise rates and pro-
hibits them from increasing such rates without the approval of the
commission whereas the Public Utilities Code provides only for the
establishment of maximum and minimum rates for the permitted car-
riers by the commission.
c. Service and Safety. The commission has no general authorization
to regulate the service and safety of operations of permitted carriers
as it has with respect to certificated highway carriers (Sees. 451, 1062).
COMMITTEE REPORT ON PUBLIC UTILITIES 15
However, the commission is given authority to regulate the safety
of operations of petroleum contract carriers (See. 3546), and is em-
powered, in issuing permits to highway contract carriers, radial high-
Avay common carriers, and city carriers to attach to the permit such
terms and conditions as, in its judgment, are required to assure pro-
tection to persons utilizing the operations (Sees. 3572, 3943). Also,
the code provides that the commission, in granting permits to the
various classes of permitted carriers, shall require such carriers to
procure and continue in effect an insurance policy or surety bond
covering public liabilitv and propertv damage in certain minimum
amounts (Sees. 3631-3635, 3981-3985, 5161-5165).
d. Accounting and Security Issues. The commission is authorized to
prescribe the form of any accounts and records to be kept by the
various classes of permitted carriers (Sees. 3703, 3704, 4043, 4044,
5223, 5224).
The commission may require annual, periodical, or special reports
to be filed by such permitted carriers, containing such information as
the commission may require (Sees. 3701, 4041, 5221).
The commission has no such authority over the security issues of such
permitted carriers as it has over the certificated carriers.
e. Transfer and Encumhrance of Property or Rights. The commis-
sion's authorization is not required for the sale, lease, mortgage or
other encumbrance of property of these permitted carriers, as it is
required in connection with certificated carriers. However, the transfer
or encumbrance of the operating permit of such permitted carriers
requires the commission's prior approval (Sees. 3574, 3606, 3944, 5284).
3. For-hire Vessels
Vessels which are operated in the transportation of persons or prop-
erty for compensation, but not as a common carrier, are regulated by
the commission pursuant to the For-Hire Vessel Act (Sees. 4501-4652).
A permit must be obtained from the commission for the operation
of such vessels (See. 4532). In issuing such a permit the commission
specifies the points and routes to which it applies, the articles which
may be transported, and such other conditions as the commission may
impose (Sec. 4536).
A schedule of the rates for the services to be rendered by the vessel
must be filed with the commission (Sec. 4571) and the rates charged
by the vessel may not vary from the filed schedule (Sec. 4572). Rates
may not be increased without the commission's approval (Sec. 4577).
The commission is authorized to prescribe rules covering the oper-
ations of for-hire vessels between points exclusively on the inland
waters of the State (Sec. 4601).
The commission is empowered to require the operators of such vessels
to keep accounts pursuant to the rules of the commission and to file
reports and furnish information to the commission (Sec. 4603).
4. Motor Transportation Brokers
The commission is given certain regulatory powers over motor trans-
portation brokers — those who sell or offer for sale the transportation
of property by motor carrier (Sec. 4803). Persons in the employ of
16 COMMITTEE REPORT ON PUBLIC UTILITIES
carriers which are under regulation by the commission are excepted
(Sec. 4805).
Such brokers must be licensed by the commission as a condition of
doing business (Sec. 4832). The commission has broad discretion as to
the granting of such licenses and their revocation (Sees. 4835, 4872).
A bond is required as a prerequisite to issuance of the license (Sec.
4838).
5. Miscellaneous Powers
a. Emineni Domain and Just Compensation. The Constitution pro-
vides that the commission shall have such jurisdiction as shall be con-
ferred upon it by the Legislature to fix the just compensation to be
paid for the taking of any property of a public utility (Cal. Const.,
Art. XII, Sec. 23a). The Public Utilities Code prescribes an alternative
procedure whereby a political subdivision intending to take public
utility property by eminent domain may have the just compensation
fixed by the commission rather than in the superior court action (Sees.
1401-1421). If the alternative procedure is invoked and the compensa-
tion fixed by the commission, that finding is final and not subject to
review by the courts (Sec. 1416).
The commission is also empowered to fix the just compensation for
property or any interest therein to be taken or damaged in the separa-
tion of grades at any railroad grade crossing, and upon payment of the
compensation so fixed to make a final order of condemnation (Sees.
1206-1220).
&. Railroad Crossings and Separations. The authorization of the
commission is required for the creation of any grade crossing of a rail-
road and any public road or street fSee. 1201). The commission has
been given exclusive power to prescribe the terms of installation, use,
and protection of crossings, to relocate or abolish crossings by physical
closing, to require a separation of grades, and to apportion costs be-
tween railroads, the State, and political subdivisions (Sec. 1202).
The procedures and standards to be followed by the commission in
apportioning costs are set forth (Sees. 1202.1-1205). The Legislature
has appropriated money to the eoramJssion for allocations to counties
and cities on the basis of need to assist such local agencies in paying
their shares of the cost of constructing grade grossing protection works
(Ch. 1739, Stats. 1953; Item 442.1, Ch. 1, Stats. 1956).
c. Electrical Line Construction. The Public Utilities Code contains
detailed regulations governing electrical line construction (Sees. 8001-
8057). The commission is the enforcing agency (Sees. 8037, 8056).
The procedures of the commission are largely prescribed by the
Public Utilities Code although the Constitution does contain specific
references to certain procedures.
A. CALIFORNiA CONSTITUTION
The State Constitution does not contain provisions setting forth the
procedural requirements for proceedings of the Public Utilities Com-
mission. How^ever, the Constitution does refer to certain forms of ad-
ministrative proceedings and gives tlie commission certain powers with
respect thereto.
COMMITTEE REPORT ON PU15LIC UTILITIES 17
A railroad or other trausportation company is prohibited from rais-
ing its rates or charges except u})on a "showing" before the commis-
sion "that snch ijicrease is justified." Tlic (h^eision of the commission
upon such showing is not subject to judicial review except upon the
question of whether the decision will result in confiscation of property
(Cal. Const., Art. XIII, Sec. 20).
The Constitution empowers the commission to authorize transporta-
tion companies, in special cases, "after investigation," to charge less
for longer than for shorter distances for the transportation of persons
or property (Cal. Const., Art. XTI, Sec. 21).
A vacancy in the commission does not impair the right of the re-
maining commissioners to exercise all of the powers of the commission.
The act of a majority of the commission when in session as a board is
deemed the act of the commission. Any investigation, inquiry, or hear-
ing which the commission has power to undertake or hold may be un-
dertaken or held by any commissioner designated by the commission,
and every order made by a commissioner so designated, pursuant to
such proceeding, when approved by the commission and order filed in
its office, is deemed to be the order of the commission (Cal. Const., Art,
XII, Sec. 22).
The commission is empowered to examine the books, records, and
papers of all railroad and other transportation companies; to hear and
determine complaints against such companies ; and to issue subpoenas
and all necessary process and send for persons and papers. The com-
mission and each of the commissioners are granted power to administer
oaths, take testimonv. and punish for contempt (Cal. Const., Art. XII
Sec. 22).
B. STATUTES
All hearings, investigations, and proceedings of the commission
under the Public Utilities Act (Sees. 201-2113) are governed by Chapter
9 (commencing at Sec. 1701) of Part 1, Division 1 of the Public Utili-
ties Code. These provisions relate to the following: who may make a
complaint against a public utility and when a complaint may be made
(Sec. 1702) ; joinder of causes and parties (Sec. 1703) ; service of notice
and time for hearing (Sec. 1704) ; appearances at hearings and issu-
ance, service, and effective dates of orders of the commission (Sec.
1705) ; record of proceedings (Sec. 1706) ; hearing on complaint of a
utility (Sec. 1707) ; amendment of commission's orders (Sec. 1708) ;
conclusive effect of final orders of the commission (See. 1709) ; rehear-
ing procedure (Sees. 1731-1736) ; judicial review (Sees. 1756-1767) ;
and witnesses at commission proceedings (Sees. 1791-1795).
Some types of proceedings before the commission are dealt with
specially by the statutes : apportionment of costs of grade crossings
(Sees. 1202.1-1202.5, 1205) ; fixing of just compensation for property
taken or damaged in separation of grades at a railroad grade crossing
(Sees. 1207-1217) ; valuation of public utility property (Sees. 1351,
1352, 1353, 1354) ; determination of just compensation for acquisition
of public utility properties by political subdivisions (Sees. 1401-1421) ;
hearings in connection with regulation of for-hire vessels (Sees. 4534,
4538, 4539, 4578, 4579, 4580, 4638-4652) ; hearings in connection with
authority of commission to require a railroad to erect fences (Sees.
7629, 7630).
18 COMMITTEE REPORT ON PUBLIC UTH^ITIES
The general provisions governing hearings involving public utilities
(Sees. 1701-1795) are supplemented by provisions applicable to specific
types of hearings: rate hearings (Sees. 455, 491) ; hearings in connec-
tion with rates, equipment, practice, and facilities, and books and
accounts (Sec. 705) ; water companies (Sec. 2707) ; food warehousemen
(Sec. 2571).
Hearings involving the various classes of highway carriers operating
under permits issued by the commission are governed by the hearing
provisions of the Public Utilities Act as modified and supplemented by
the specific acts: radial highway common carriers, highway contract
carriers, and petroleum contract carriers (Sees. 3731-3741) ; city car-
riers (Sees. 4071-4081) ; and household goods carriers (Sees. 5251-5260).
C. ADMINISTRATIVE RULES
The statutory provisions governing proceedings before the commis-
sion are supplemented by rules of practice and procedure adopted by
the commission pursuant to Sec. 1701 (20 Cal. Adm. C). These rules
govern formal proceedings before the commission and relate principally
to matters with respect to complaints, applications, pleadings, and pro-
ceedings.
CHAPTER THREE
PROCEDURES OF THE COMMISSION
INTRODUCTION
Inasmuch as no comprehensive review of the regulatory process in
California had been made in some 40 years since the Hiram Johnson
administration, the committee undertook a complete review of commis-
sion procedures, from the filing of a complaint through enforcement of
the commission's decisions. The problem of the degree to which the
staff may be influencing the decisions of the commission was repeatedly
brought to the attention of the committee, and this aspect of commis-
sion procedures was intensively studied.
Bills introduced at the 1957 Session to put the commission's exam-
iners into the pool of the Division of Administrative Procedure, and to
remove the civil service exemption of the commission reporters, had been
referred to the committe, and were studied as a part of the question of
staff influence. The use of a preliminary report by the examiner as a
means of informing parties more fully about the processes by which the
commission reaches a decision was proposed to the committee, and pro-
cedures of federal and state agencies using a system of examiners' pro-
posed reports were studied.
STAFF INFLUENCE
Conclusion
The committee is satisfied that the staff does in fact exercise undue
influence over the decisions of the commission.
The committee in off-the-record interviews has established through ad-
missions of persons having first-hand knowledge of the situation and
through documents not circulated to the public, suf^cient evidence of
such influence.
Outline of Commission Procedures
This influence by the staff enters at several points in the progress of
a case through the commission toward final decision.
"When a complaint is filed with the secretary, a form is attached to it
on which the secretary makes a preliminary assignment of the case. It
is numbered, and a shorthand title is given the case. The date filed is
entered on the form, and the secretary makes a preliminary decision as
to the division to which the application or complaint should be sent. The
form is then sent along with the document to the division assigned by
the secretary. The division decides Avhether the matter should be handled
ex parte, by an immediate hearing or by a formal, full-dress hearing
in due course. (See Form A.) The division also suggests the name of an
examiner to hear the case.
The decision as to whether a ease should be given ex parte treatment
or should be given a hearing depends upon whether the secretary and
the division to which the case is referred are of the opinion that the
(19)
20 COMMITTEE REPORT ON PUHLIC UTILITIES
matter is both noneoiitroversial and of some nrgeney to the persons
involved. It should be pointed ont tliat if a case is handled ex parte, no
notice is given to the public until after the decision has been rendered
and the announcement made in the commission's calendar.
After the division has suggested the examiner and returned the com-
plaint or application with the form, the seeretarj^ then makes a pre-
liminary assignment to a presiding commissioner and an examiner.
These assignments are made in a log book which is discussed weekly
with the president of the commission and given his approval. The
president sometimes suggests changes before approving; and occa-
sionally, tlie commissioner proposed to be assigned will suggest another
commissioner who has a similar case already assigned.
When the assignment of the commissioner and examiner has been
made, a yellow form is attached to the complaint. (See Form B.)
This form states the assigned commissioner, the number, a title of
the application or case, the location of the operation, and the examiner
to which tlie case has been referred. The presiding commissioner then
exercises a power of approval as to the examiner assigned and sets the
ease for hearing at a given day, hour, and place, and specifies whether
the examiner alone or both he and the examiner will hear the case.
The division to which the case has been assigned, meanwhile, makes
its investigation and prepares to present evidence at the hearing. The
hearing is held and evidence is presented by interested parties and by
the staff.
The historical role of the staff has been philosophically one of guar-
anteeing that the commission have all the facts before it in deciding a
case. The commission has refused to order the staff to assume the pos-
ture of a litigant in these hearings, asserting that the function of the
staff is an objective one of finding and presenting facts bearing upon
the issue before the commission.
At the first hearing in case No. 6148 on accelerated depreciation, for
example, the Attorney General argued that he and all other parties
except the staff took adverse positions in the hearing, each defending
his own view of what was in the best interest of consumers. The good
of the consumers is the ultimate question before the commission, and
the fact that the staff is philosophically the consumer representative
does not make its posture any less adverse in fact than those of the
other parties. Therefore, since the staff is necessarily in an adverse posi-
tion, it should also be required openly to declare its position upon the
facts and present its evidence in such away that the Attorney General
and other parties would be able to decide whether the staff's position
was consistent with or opposed to their own position and to meet the
staff's evidence accordingly.
It should be noted that, in this case, the staff was to be given the
right to be heard last after all other witnesses. Formally, the reason
for this was that in this manner the staff might avoid presenting testi-
mony that would be presented by other parties in the case and could,
by coming on last, limit itself to presentation of factual matters not
otherwise put into the record. This is commission policy, presumably
followed in other cases. Practically, such a procedure is subject to
abuse in permitting the staff" at all times to have the opportunity for
COMMITTEE REPORT ON PUBLIC UTILITIES 21
rebuttal; to present new evidence, not subject to rebuttal, and to with-
hold its recommendations until they could be attacked only in briefs.
Commissioner Untereiner, presiding at this hearing, ruled that the
staff's duty as well as that of the Attorney General was to ]n-otect the
public and the ratepayer. The basic (luestioii was whetlior the pi-oposed
ruling was to the advantage of the ratepayer; but it would be incon-
sistent with the staff's nature as an arm of the commission to take an
adverse position before all the evidence were in the record. This ruling
undermined the position of the staff in rateniaking hearings generally,
since it is clear that the question is and always was, what is to the best
interest of the ratepayer. Always the position taken by the utilities, the
Attorney General or anyone else, is that their own proposal is in the
best interest of the consumers. Thus, while it is true that the ultimate
question is always the same, there is alwa,ys an adversity of the parties.
It is this ultimate question which the commission itself must decide
upon the basis of the record, and any special emphasis or credit given
the staff evidence upon the theory that it is nonadverse or unbiased,
amounts pro tanto to a delegation of the commission's duty to decide
the question. If the staff is to have any function in the hearing other
than that of an unimpeachable witness, it must be to take an affirma-
tive position on the facts and to litigate those facts against any party
who claims that the facts are otherwise than as the staff had found
them.
After all parties and the staff have presented their evidence, the
case is taken under submission by the examiner and the presiding
commissioner. The examiner reviews the record and in a conference
with the presiding commissioner outlines the salient points and recom-
mends his decision. The presiding commissioner will then either accept
the examiner's view of the case or lay down the outline of the decision
he prefers. The examiner then prepares a preliminary draft which the
presiding commissioner, if it satisfies him, will refer to the appropri-
ate division for review. Ordinarily at this point when the commssioner
and examiner have preliminarily agreed upon a proposed decision, the
proposed decision will be stenciled and a mimeographed copy labeled
"draft" will be sent to the chief examiner, the presiding commis-
sioner, the division chief and others to whom the commissioner wishes
the ease referred. It should be noted that the division which reviews
the preliminary draft is the same division which appeared at the
hearing. There is every indication that no member of the staff who
participated in the hearing actively participates in the review of the
decision. However, it is indicated that the division chief has discussed
the case with members of the staff who make the review. There is
every indication that reviewing staff members informally discuss the
case with staff members who participated in the hearing.
There are occasions when the staff will hold a preliminary draft for
an unusually long time. After a draft has been sent to the staff for
review, the examiner division waits two weeks. At that time the chief
examiner sends a notice to the reviewing division stating that the draft
was distributed and requesting explanation within 48 hours. A copy
of this notice is sent to the presiding commissioner. If the staff con-
tinues to delay, subsequent notices on the same form are sent, (See
3 — L-4825
22 COMMITTEE REPORT ON PUBLIC UTILITIES
Form C.) The purpose of this procedure apparently is to sjnir the
staff into prompt action.
After the preliminary draft is reviewed by the staff, it is returned
to the chief examiner with a form attached. This form specifies whether
the staff agree with the attached draft, whether they suggest changes
indicated within the draft, or have other suggestions. (See Form D.)
Many of the changes suggested by the staff are quite minor, such
as corrected spelling of street names, correction of dates, and other
details. In some cases the staff will make definite policy recommenda-
tions. The committee is in possession of one such policy recommenda-
tion and has seen others. These recommendations are typewritten
on inter-oiSce correspondence stationery, and it is not known whether
more than one copy is made. It is known, however, that only one
copy is circulated outside the division staff and none is made avail-
able to anyone outside the commission.
When the preliminary draft has been returned to the examiner
division with staff recommendations, the presiding commissioner and
the examiner discuss the case further, and the presiding commissioner
either accepts or rejects each of the recommendations made by the staff.
Presumably, the commissioners feel free at this point to call upon
staff members for an explanation of their recommendations, and it
is known that the staff at this point has exerted influence over the
commissioner's acceptance or rejection of the staff recommendations.
After this revision has been made, the proposed decision of the presid-
ing commissioner is prepared. Then the presiding commissioner orders
it recirculated among staff sections specified on a special printed form
commonly known as the "blue sheet." (See Form E.)
Ordinarily'-, the staff will already have made its position known by
the time the proposed decision is circulated with the "blue sheet"
and review at this stage is often a matter of securing the signatures
of the personnel in the divisions checked on the form. Occasionally,
however, the staff again will state objections to the decision as pro-
posed, and these objections will again be reviewed.
After the proposed decision has been re-reviewed by the staff, it
is set on the weekly list for review in the succeeding week. By this
method, a decision comes to the attention of the commissioners twice
before it comes up for final discussion and signing-out. During the time
the proposed decision is on the ready list or the list of decisions to
be acted upon at the next weekly meeting, the commissioners have an
opportunity to review the proposed decision, confer with each other
and to discuss questions they may have with staff members. Again,
it seems more than probable that the staff, particularly if its sug-
gestions have been rejected by the presiding commissioner, may
influence the other commissioners before the decision comes up for final
action by the commission.
Finally, when the decision comes before the commission conferences
for signing out, the chiefs of the divisions are present and available
to discuss the proposed decision with the commissioners. The Legal
Division makes its own review of all proposed decisions, and argues
COMMITTEE REPORT ON PUBLIC UTILITIES 23
on the law and policy of the decision before the commission without
other parties being given the opportunity to be heard.
FORM A
No.
PLEASE RETURN TO SECRETARY PROMPTLY
Appl. No. Title:
Case No.
Date Filed:
Examinors Division Utilities Finance and Accounts Div.
Utilities Division Transportation Div. (Engineering)
Transportation division (Rate)
Ex Parte Immediate Hearing Hearing
Suggested Examiner
Remarks :
Is it related to any other matter?
Should joint hearings be held?
(If so, indicate number, title and status of other matter.)
FORM B
San Francisco, California
Date
ASSIGNMENT FOR COMMISSIONER ...__
App. No Title :
Case No Title:
Location of operation :
Referred to Examiner for taking of evidence:
Reference approved by :
To be heard: (Date) (Day) __.
(Hour) (Before).
(Place)-.
FORM C
NOTICE
Date.
To:
Pursuant to instructions from the Commission, your attention is directed to the
fact that a copy of the draft of the proposed decision in , ,
was distributed to you on for your approval or suggestions. It has not been
returned to the undersigned.
It is requested that within 48 hours from the date of this notice you indicate in
the space provided below the reasons for delay, present status of your review of the
matter and when return of the draft may be expected.
George E. Howard
Chief Examiner
cc : Comr
EXPLANATION
24 COMMITTEE REPORT ON PUBLIC UTILITIES
FORM D
(Date)
To:
I I We agree with the attached draft.
I I We suggest the changes indicated on pages
□
Application No
Case No
(Signed)
FORM E
INSTRUCTIONS FOR DECISIONS
This sheet must accompany the original aud iirst four copies of decision and l)e
properly filled out and signed by Commissioner, Examiner, and Division aud Section
Heads interested before the decision will be signed by the Commission.
App. No Assigned to Commissioner
Case No Referred to Examiner
[~~| Ex Parte Q Supplemental
Q After Hearing []]
Signature of Head of Division or Section checked below must be placed in space
indicated :
D D
Legal Division Chief Examiner
D D
Transportation Division Utility Finance and Accounts Division
D D
Rate Section Utilities Division
D D
Transportation Operations Safety Section Gas Section
n n
Traffic Engineering Section Electric Section
D D
Passenger Transport Engineering Section Telephone and Telegraph Section
D D
Truck Transport Engineering Section Hydraulic Section
n D
Field Section
Brief summary of Decision :
Registered by Secretary's Office Number of copies desired?
Date filed Is this Decision to be printed?
Date of hearing
Date matter submitted Decision signed (date)
Date draft prepared
Commission Testimony
President of the Commission, C. Lyn Fox, stated that even though
outside parties do not have the opportunity to argue questions of law
which come up after submission of a ease, they do have legal recourses.
In the first place, they have the opportunity to petition for a rehearing
and may cite alleged errors of law in the petition. Second, they may
appeal to the supreme court citing points of law in which they allege
the commission is in error. Moreover, he stated, although the parties
COMMITTEE REPORT ON PUBLIC UTILITIES 25
are not permitted to present further material to the commission after
the hearing and briefs, neither are the staff members who prepared or
participated in the hearing. "The staff personnel sections that prepare
a case and present it at the hearing and the staff counsel who partici-
pates in the hearing when the hearing is over and the brief is filed, they
are through ; they are through. They have no opportunity to come be-
fore the commission and argue the merits of their case or bring in any
new material than the parties outside the commission."
Other division directors also may influence a proposed decision: "If
some division director thinks that the commission — or the decision —
violates established practice or is contrary to other decisions that the
commission has handed down over the years, he will call it to our at-
tention. Then it is up to the commissioner to decide whether he wants
to change policy or not." President Fox stated that the commission is
divided into five sections. These are : 1. The Utilities Division, which
deals with those utilities which are a monopoly ; 2. The Utilities Finance
and Accounts Division, which handles all of the financial and account-
ing analyses for companies under the jurisdiction of the Public Utilities
Commission; 3. The Administrative Division, which is headed by the
secretary of the commission. As to the Administrative Division, the
president stated that there had been some question as to the adequacy
of the secretary's authority over administrative matters and that the
commission now had made the secretary officially the chief of the Ad-
ministrative Division ; 4. The Southern California Division. The presi-
dent stated as to this division that the director of the Southern Cali-
fornia Division is "administrative officer" for the Southern California
Division, and that the commission's activites in Southern California
are in effect under a dual directorship with representatives in Southern
California responsible to the director of their respective divisions in San
Francisco and immediately under the administrative authority of the
Southern California director; 5. The Transportation Division.
Further discussion as to procedure for applications filed in Southern
California revealed that the headquarters of all of the divisions are
located in San Francisco, but that representatives of each division arc
also located in Los Angeles. Although the director of each division is
responsible for the handling of cases referred to his division in Los
Angeles, the staff in Los Angeles, consisting of representatives of each
division, is under the immediate direction of a Southern California di-
rector who shares joint responsibility with the various division chiefs
for the Southern California work.
In the early days of the commission, most of the business was centered
in San Francisco, but the rapid growth of Southern California since
that time has necessitated shifting of part of the staff to the Southern
California area.
The Southern California staff does not duplicate the Northern Cali-
fornia staff "but examiners, technical men, engineers, rate experts,
and people of high caliber are in the Los Angeles Office."
The original plan is not one of a northern division and a southern
division since the commission itself is still centered in San Francisco
and, in fact, merely operates a branch office in Southern California.
President Fox stated that the directors of the Utilities and Southern
26 COMMITTEE REPORT ON PUBLIC UTILITIES
California Divisions are only two of the directors who attend the
weekly meetings of the commission and that the decisions are in final
form before they come before the weekly conferences. The conference
consists of a discussion of the final opinions and the memoranda which
have been presented.
Cases can be initiated with the commission by any person, chamber
of commerce, city council, board of supervisors, or corporations by
filing complaints alleging violations of law by a public utility. No actual
damage need be shown. If a complaint has been filed, the commission
must hear the complaint and render a decision. The chief counsel of
the commission so stated, with the qualification that, "With regard to
gas, water, electricity, telephone, or just individuals operating utilities,
at least 25 persons must join in a complaint. However, the commission
may initiate an action by filing a complaint itself; in such a case, the
individual who originally complained to the commission would have the
status of a prosecuting witness rather than a complainant."
President Fox was questioned as to the factors which determine
whether a commissioner will preside at a hearing or whether the hear-
ing will be left to an examiner. He stated that the decision whether a
commissioner would preside depends primarily upon the number of
people who will be affected by the decision, the amount of money in-
volved, and the intricacies of the issue involved in the case. As examples,
he pointed to a case in which the local water company would not ex-
pand its facilities to include any subdivisions. In this case the com-
missioner himself presided because of the importance of the case to the
community. In another example, where no more than 50 or 60 people
were involved and a simple question was presented, the examiner heard
the case.
The president stated that in 95 percent of the cases heard by the
commission an examiner presides over the hearing alone.
The Role of the Staff— Commission Views
President Fox stated that all of the staff services — not only the cus-
tomer service section, but the investigations following filing of formal
complaints — have their foundation in the idea that the public does
not have its own representatives in a rate hearing. "The staff is in the
position, or at least acts as a public defender in these cases. It's their
job to go out and ascertain the facts as they find it." However, he
stated that the duty of the commission was dual in nature, that the
commission had the responsibility of seeing that the public received
"adequate service, at the lowest possible cost." He stated that the
commission's philosophy was that the lowest possible rate consistent
with adequate service was the one which allowed a utility a sufficient
return on property to be able to compete in the money markets of the
Country for capital necessary for expansion and replacement programs.
He offered the concept of the ' ' regulated monopoly ' ' as that Avhich was
applicable to the regulation of public utilities on the theory that elimi-
nation of actual competition in the field of telephone service necessitated
regulation as a substitute for actual competition to insure that com-
petitive rather than monopolistic prices would be obtained by the public
for utility services.
COMMITTEE REPORT ON PUBLIC UTILITIES 27
In explanation of the staff's role, he stated that the commission is
strictly a fact-finding body and is not in the nature of a referee be-
tween contestants in a case. lie said that the staff investigates the books
of the utility and quite often find facts — for example, that a utility's
rate application shows the cost of a new plant in the rate base but
makes no allowance for new customers— that are necessary to complete
the factual background in which the commission must make its decision.
The utility or contesting party has an opportunity to examine the staff
evidence in the hearing.
When the commission has agreed upon a decision, that decision is
sent back to the staff for what the president said was a "technical
check" by the staff. He insisted that this activity of the staff was purely
technical in nature consisting merely of mechanical computation : ' ' The
commission Avill decide what the rate base is and the rate base as defined
in the law" is the property that is dedicated to the public service."
Then, "We then determine what in our opinion is a fair rate of
return. The rate base is multiplied by the rate of return and that gives
what the utility is entitled to receive. Then there follows, of necessity,
a multitude of mathematical calculations; for instance, in an electric
or gas case, we have what we call the rate spread : how are the rates
going to be spread between the various classes of customers; the firm
customers, the homeowners, the light commercial, the heavy commercial,
is interruptible and the retail organization. That is decided on a per-
centage basis. Then only engineers can make those computations."
President Fox reiterated that the commission itself decides how much
increase is to be given to the utility and that the technical staff merely
distributes it to the increase over the various classes of customers :
"Well, the staff sections are used primarily in the rate cases and after
the commission has decided or agreed upon — -that an applicant is en-
titled to additional X number of dollars and then the commission has
decided on the rate spread as to -what statements — how many each
segment of the customers is to pay of that increase— then it becomes
just a plain mathematical operation to work out the rates that will
produce that percentage of the increase and that is what I mean when
we said that the technical staff sections are called into play.
"Now the same thing operates in cases for transportation com-
panies— say that the trucks or the railroads are entitled to X number
of dollars which will give them an operating ratio of a certain percent.
Then we agree on how those charges are going to be assessed usually on
a package basis, on the size of the package, and then after that is
agreed, it becomes just a plain mathematical operation to figure out the
cents per pound that will produce this percentage of increase."
He denied that computations by the staff involved any estimates by
the staff.
The chief of the utilities division stated that the decision making
process was one in which the commission itself, resolves differences of
opinion developed at the hearing between the staff and the other inter-
ested parties.
The president stated that the question of whether the staff huddles
with the commission after the hearing has been presented in one case
by an attorney for the applicant, and he stated that representatives of
the staff tvho appear as witnesses in a given case are not consulted
28 COMMITTEE KEPORT ON PUBLIC UTILITIES
by the commissioners after the hearing is over. "In other words, of
those particular individuals of the staff that are responsible for the
presentation, their presentation is right out on the table in the public
hearing. If a commissioner feels he wants technical guidance from the
technical staff, he v/ill confer with either the head of the department
or the head of the division, or with some staff member who has not
actnally appeared in the hearing itself." (Emphasis supplied.)
He stated that that has been the procedure as long as he has been on
the commission, and the utilities division chief stated that it had been
followed for a number of years.
The president pointed out that the responsibility for deciding all
cases is placed by both the Constitution and the Public Utilities Code
on the commission, and that the examiner has no power to decide cases
and merely writes the decision in accordance with the presiding com-
missioner's outline of how the case should be decided. Once the presid-
ing commissioner is satisfied with the examiner's decision, "it's then
mimeographed and distributed among the technical sections concerned.
A technical engineer checks to see if there are any errors therein."
After the staff has picked up any technical errors and given final ap-
proval or disapproval of the decision, the presiding commissioner then
decides "whether he wants to take the suggestions made by the techni-
cal staff' — or recommendations of the technical staff* — or not."
He stated that he thought a lot of the criticism of the commission
was based upon a general misunderstanding of the nature of the com-
mission's operation which he stated was different from a court of law
and also different from a strictly administrative body. The supreme
court has said the commission acts in a judicial capacity. At the same
time, the president said, the commission must be a fact-finding body.
Again as to the role the staff plays in the fact-finding functions of the
commission, President Fox stated: "The individual commissioners
themselves are free to call upon any member of the staff in any capacity
that he desires for interpretation or for technical advice or for anything
of that kind." (Emphasis supplied.)
Commissioner M. J. Dooley also appeared to give his views on the
question of staff influence over the commission : ' ' Now as far as influ-
ence is concerned, it comes to a matter of polic3^ In making a decision
the staff will develop the facts ; at no time have they sought to influence
the commissioner ; they verify the matters. ' ' Again, ' ' We set the policy ;
the staff understands that. We need their aid and assistance in this type
of work. Engineers and accountants we need ; that is the basis of our
whole matter."
Oiher Witnesses
Mr. A. Alan Post, the Legislative Analyst, appeared to present a
summary of his own report on the Public Utilities Commission. The
Legislative Analyst's report was undertaken on the agency's own in-
itiative for the purpose of having a thorough study of the commission 's
procedures for use in an analysis of the commission 's budget proposals.
Mr. Post stated that his office conferred with the Department of Fi-
nance, which also studied the commission, in order, as far as possible,
to avoid duplication of the work. ' ' The function of our office is largely
to take the records that are prepared by the administration, to examine
COMMITTEE REPORT ON PUBIilC UTILITIES 29
IhoiH (•I'ilicall.v, lo f^o into those nre-Aa, wliicli we think they have not
adequately covered, examine critically the data they have accumulated
and arrive at our own conclusions. The Department of Finance has
accnmnlated a ^reat deal of data on certain aspects of this problem.
We do not go in and simply ask the agency to accumulate the same
material, but we felt that b.y looking at one segment of this we would
get material tliat would be available to it, and I 'm sure the commission
does not have the kind of data available that has been accumulated in-
dependently here." The analysts made a review of substantially every
formal matter considered by the commission over a six-months' period.
Mr. Post said his study of the decision-making procedure disclosed
that the final report of the examiner is studied by the commissioners
among themselves and through conferences with members of the staff;
that although they do not consult with statf members who have ap-
peared in the hearing on the matter, they do consult with other staff
members. Mr. Post stated that he does not have documentation of this
and that he did not learn what "transpired in terms of compromise or
consultation from the time the case is submitted and the decision is
rendered by the commission."
lie stated that his impression was that this method of staff consulta-
tion stems from the autonomous nature of the commission and that his
office simply did not "know what all the commission takes into account
from the time that the case is submitted to the end when the decision
comes out. There is no way in which we can evaluate the deliberations
that do take place."
THE ROLE OF THE EXAMINERS
Proposals offered to the committee to remedy the problem of staff
influence centered upon the part played by the examiner in the decision-
making process. Under the present system, the examiners employed by
the commission are qualified experts; nevertheless, they are directly
under the control of the presiding commissioner in each case, and the
decisions they write reflect the judgment of the presiding commissioner,
who more often than not was not present at the hearing and has not
even reviewed the entire record, while the skilled examiner who is
familiar with the record is relegated to the status of a draughtsman.
Proposals to remedy the problem of staff influence by changing the
status of the examiner are grounded in the proposition that an in-
crease in the influence of the examiner accomplished through greater
independence will remove the staff influence by preventing it from
controlling the examiner and hence the proposed decision. Two ways
to accomplish this have been suggested : First, by requiring a proposed
examiner's report, and making such report the prima facie decision,
reversable only by affirmative action by the commission; second, by re-
moving the examiners from the direct control of the commissioners, and
putting them into the pool under the Division of Administrative Pro-
cedures.
The Proposed Examiners' Report
The Finance Department studied the alleged influence of the tech-
nical staff on commission decisions and proposed that greater use be
made of the commission's rule permitting, within the discretion of the
30 COMMITTEE REPORT ON PUBLIC UTILITIES
commission, the use of a proposed report by the examiner. Mr. Blan-
chard, Chief of Organization and Cost Control, stated that the investi-
gating crew members for the Finance Department interviewed numerous
representatives of the regulated utilities and had noticed among the
regulated people a feeling "that the technical staff had an undue in-
fluence on commission decisions."
Mr. Lapham, who had been the finance staff member directly in
charge of the Finance Department's report, stated that "there are
provisions in the commission regulations by which a party of interest
at the completion of the public hearing may request that a proposed
report be issued. This report, presumably, is the report prepared by
the examiner who has heard the case ; the commission may then, at its
discretion, as I understand the regulation, cause to be issued a report
of the findings as proposed by the examiner."
Mr. Lapham stated it was the finding of the Finance Department
that this regulation was seldom used by the commission.
Commissioner Mitchell spelled out the distinction between staff ex-
hibits which are presented in the open hearing and the examiner's
report which is a post-hearing procedure stating the recommendations
of the examiner, not the staff. He stated that the commission ordinarily
has not used the examiner's report because of the feeling that it
contributes to the regulatory lag. When used, the examiner's report is
distributed to all the interested parties w^ho have 20 or 30 days
in which to file replies before the case is finally submitted, and the
decision made by the commission on the basis of the proposed report
along with the exceptions. Recapitulating, Mr. Blanchard stated that
the staff exhibits are presented to the examiner in the open hearing-
after circulation among the interested parties; thou, after the hearing
the proposed decision may be issued and also circulated among the
interested parties. The Finance Department recommendation is merely
that the commission be more liberal in its use of the latter procedure.
In response to questions as to the foundation for their belief that
there may be undue influence of the commission by the staff, Mr. Lap-
ham stated that the flnance investigation crew had interviewed not
only representatives of the regulated utilities but reperesentatives of
certain public organizations, such as the Los Angeles County Counsel,
whose interest is adverse to that of the utilities in rate proceedings.
Mr. Blanchard stated that it was the Finance Department's opinion
that in many cases in which the proposed report of the examiner is
not now commonly used, the regulatory lag would not be substantially
increased by the use of such a report. Particularly in a very complex
case where the commission itself may not be able to agree entirely on
the decision to be issued, the use of a proposed report and objections
thereto might increase the speed with which the commission could
come to a decision.
In comparing the California commission's procedure to the Federal
Power Commission, President Fox pointed out that the Federal Power
Commission acts, more or less, as an appellate body either approving
or disapproving the examiners' reports decided independently by the
hearing officer or examiner. "Now, this commission, under the Consti-
tution and the law, can't do that. We have to make the decisions our-
selves, on the thing. We are not an appellate body."
COMMITTEE REPORT ON PUBLIC UTILITIES 31
In a particularly important case the commissioners will sit en hanc,
but ordinarily only one commissioner will be assigned to a case. The
president stated that he thought the California commission should not
be turned into an appellate body similar to the Federal Power Com-
mission for two reasons : First, he stated that in his opinion to require
an examiner's report wherever requested by a party would only con-
tribute to the regulatory lag. He stated that it would invariably add
one to three months to the decision-making process. The proposed
report would be available no sooner than the proposed decision under
present methods is written and then would have to be printed and
circulated to the parties thereafter. At least 20 days would have to be
allowed for exceptions to be filed by the parties. Under normal proce-
dure the parties are allowed 20 days to file reply briefs, after which
the decision is written, discussed, and signed out. President Fox felt
that under a requirement of the examiner's report, the subsequent
brief would state exceptions to the examiner's report, would merely
reiterate the points made in the original briefs and would in very few
cases be of value in the commission's decision-making process.
Under questions from the chairman of the committee, he stated that
through the preparation of the report there would be no loss of time ;
that an additional three days would take care of the distribution of the
report to the interested parties but that thereafter at least 20 days
would have to be given counsel to file exceptions to the examiner's
report and that in cases in which they had granted the examiner's
report the commission had found that 10 days was too short a time.
Particularly, they found that city attorneys and county attorneys al-
ways asked for more time on the ground that they were tied up in
court on another case for the 10 days after receipt of the report.
He stated further that with the examiner 's report required and with
all the exhibits being distributed to counsel and transcripts available,
counsel would want more time to go over the whole record, study the
examiner's rejiort and ruling, and find part of the record which could
be used to ''shoot holes in" the report.
Implicitly, the president estimated that the 60 days to be added to
the regulatory lag would be made up of three days for distribution and
57 days for preparation of exceptions to the report. Moreover, his
estimate does not account for the three weeks which normally elapse
between preparation of the preliminary report and issuance of the
final decision.
He further objected to the examiner's report on the ground that it
would increase the workload on the commissioners themselves, since
with an independently written examiner 's report, it would be necessary
for each of the commissioners to go through the record and check the
report for consistency with the record — in effect, each commissioner
would have to do as much on each case as the presiding commissioner
now does. "Now under the present procedure when a commissioner
puts his initials of approval on a decision, the other commissioners read
it carefully but we have reason to believe * * * that the commissioner
himself has carefully checked and gone over the evidence and is satis-
fied with that decision. If we agree with the principle involved, of the
philosophy of the decision and policy of the decision then they don't
have to go through all the records and the transcripts. If there is
32 COMMITTEE KEPORT ON PUBLIC UTILITIES
anything that we question or if there is something that we think is
questionable, then we call for the official record and go through it ; but
if it conforms to polic}', if all of the technical computations are certi-
fied to, and it meets with commission policy on the matter, every com-
missioner doesn't have to read every transcript and every set of
exhibits."
Finally, the president objected to tlie idea that any trouble would
be saved by the requiring of the examiners' report only when a party
requested it, because, he stated, in 90 percent of the cases, one party or
the other will have some reason for wanting to delay and will be in-
clined to use the mandatory hearing examiner's report as a tactical
weapon of delay.
The president's second objection to the examiner's report was that
if the examiners were to make independent decisions, the commission
would "lose control of the examiners. Under the present situation, the
presiding commissioner rather closely monitors the examiners assigned
to these cases and sees that they set those cases as expeditiously as
possible. ' '
Commissioner Untereiner also appeared to interpose two objections
to the use of the proposed examiner's report. First, there is the rehear-
ing procedure for cases in which a party believes the commissioner's
decision is inconsistent Avith the law and facts in the matter ; thus, the
original decision, itself, "is something like a proposed examiner's re-
port. ' ' Secondly, it is always possible to have an examiner 's report in
cases where the presiding commissioner feels the complexity of the
issue justifies it. Generally, Commissioner Untereiner stated that "the
whole philosophy and background of the commission is that the respon-
sibility is entirely centered on the five members of the commission.
Nobody else can speak for the commission."
The commission's chief counsel stated that to change the commission
to an appellate body would require a constitutional amendment:
"Unlike any other regulatory body of which I am aware, the
commission is both a court (judicial tribunal) and an administra-
tive agency of state government. The commission exercises a part
of the judicial power of the State. Such power is strictly judicial,
not merely quasi-judicial. The commission has the authority to
enforce its own orders and decisions and has the power to commit
for contempt in the same manner and to the same extent as any
court of record in this State. In its judicial capacity, it issues
writs of mandate and injunction and sits as a judicial body in
eminent domain proceedings and awards reparation in rate matters.
The commission has authorit}^ to set aside final judgments of the
courts of the State where such becomes necessary to enforce the
jurisdiction of the commission, and it has done so. The exercise of
such power has been sustained by the supreme court of this State.
The Public Utilities Act is the supreme law of California, so far
as state law is concerned.
"So far as 1 am informed, there is no other regulatory body,
state or federal, which exercises such broad jurisdiction as does
the commission. However, the commission does not believe in the
ancient federalist doctrine that a good judge expands his juris-
diction. The authority exercised by tlie commission is granted by
COMMITTEE REPORT ON PUBLIC UTILITIES 33
the State Constitution and the statutes and, in m,y opinion, is kept
Avithin those j^rants of power.
"In my opinion, the present dynamic economy and phenomenal
population and industrial growth of California make it necessary,
in the public interest, that the public utility industry be subjected
to reasonably comprehensive governmental regulation; but that
such regulation be fair to and recognize the constitutional and
statutory rights of the utilities. The lawful interests of utilities
are a part of the public interest.
"One of the prime duties of the commission is to lawfully bal-
ance the consumer and utility interests and see to it that each
such interest is accorded its lawful due.
"The administration of public utility regulatory law exemplifies
the eternal conflict between the seeking by the utility industry, on
the one hand, to gain a lawful advantage and the effort of govern-
mental authority, on the other hand, to keep that industry reason-
ably within the circumscribed bounds of regulatory law.
"The attorney and chief counsel of the commission is the attor-
ney for the people of the State of California and the commission
in all matters involving the regulation of public utilities and
cognate matters. See Section 807 of the Public Utilities Code. ' '
The Examiner Pool
On the separate question of whether the examiners should be taken
out from under the jurisdiction of the Public Utilities Commission,
President Fox stated that the commissioners were unanimously opposed
to this suggestion; that the commission has a constitutional duty to
make its decisions in the first instance and that such a proposition
would, therefore, require "a constitutional amendment changing the
functions of the commission as they now exist."
In response to criticism of the caliber of examiners, he stated that
like the problem of personal assistants, this is a salary problem that
with the grade levels assigned to examiners by the Personnel Board,
the commission found itself in the situation of having examiners apply-
ing for staff positions rather than having staff members working up
toward examiners. The president stated that in his opinion the exam-
iner should be a person of great skill and experience and in response
to an objection by the chairman that judges and referees are not
experts in a particular field and that examiners should not be experts
either. President Fox stated that in his experience when a legal exam-
iner was assigned to a rate case, it ordinarily took him three times as
long to digest the material and write the decision as it took an experi-
enced rate examiner.
Commissioner Doolej^ stated that the commission needed its own
examiners because of the highly specialized type of cases they must
hear. "We have rate examiners and we have engineering examiners,
and they have been trained over the years. The work they do is highly
technical. We just couldn't draw examiners from a pool, if examiners
were put into a pool * * * we'd be in the courts all the time."
President Fox stated that the usual reason for using a pool was to
utilize the time of examiners and reporters, but that the commission's
34 COMMITTEE REPORT ON PUBLIC UTILITIES
examiners and reporting staff were fiill.y employed and in fact always
had a backlog of cases upon which to work.
In response to questions as to whether the reporters should not be
removed from under the control of the commission, Commissioner
Dooley stated that the problems of co-ordinating the hearing process
necessitated close co-operation between the reporters and the presiding
commissioner. In answer to the objection that the expert training of
examiners necessitated a sacrifice of objectivity, the president insisted
that the commission's examiners are objective.
The committee was afforded the benefit of the long experience of Mr.
John 6. Clarkson, Chief of the Division of Administrative Procedure.
Mr. Clarkson outlined procedures in both federal and state agencies,
and advised the committee at some length on the philosophy of separa-
tion of functions :
"Mr. Clarkson: The Federal Act provides that there shall be
persons in special classifications and adequately' trained by experi-
ence, education and so forth, to conduct the hearing phases of the
work of the various commissions and agencies in the federal gov-
ernment.
' ' The Chairman : Are they all under one act ?
"Mr. Clarkson: The Federal Act is designed under somewhat
different pattern than the state. The California Act provides the
procedure for adversary hearings in the licensing fields primarily,
however, it subjects to that procedure only those functions of the
particular agency made subject to that act by their own basic
statutes. So some of them, for example, are required to follow this
procedure with respect to suspensions and revocations, but not
as to whether the license shall be issued or withheld, and some of
them do. And others have other functions that restrict licensing
which do not follow the procedure at all. One of them is the cor-
poration commissioner with respect to the applications for issuance
of permits to sell and issue .securities. That is handled more on a
conference technique as is true in the tax field.
"Now, the federal act is different in that setup as a statute re-
quiring all agencies to follow it in adversary matters. Almost im-
mediately upon its enactment in 1946, however, exceptions were
made to it from one to the other and there is now legislation pend-
ing in the Federal Congress, or was in the last session of Congress
as a result of the studies of the Hoover Commission proposing to
cancel all of these exceptions. But never did the federal act re-
quire, nor does it now, a separate independent group of persons
like a pool or .something of that kind, a panel I think sometimes
it's called, to provide these persons for all hearing officers. * * *
Early in my experience which was 1936, I was back there and that
was long before the Administrative Procedure Act, these agencies
were beginning to feel the impact of the feelings expressed by
many people. There should be a separation of that function from
the advocacy of investigation, prosecution, and so the agencies,
many of them even that far back, did have a special staff of people
designated as trial examiners who were divorced from and sep-
arated from themselves performing any of the functions or activi-
ties leading up to the determination of the necessity for a proceed-
COMMITTEE REPORT ON PUBLIC UTILITIES dO
ing, or the investigation or preparation of material to develop at
their hearing. They came in as they would in a court, unfamiliar
with nothing but the pleadings of what might be developed. And
then they heard all the evidence on the record, directed and con-
trolled by the development of the record and prepared a decision
which has been variously called a ])roi)osed decision, initial deci-
sion, or recommended decision, something of that sort. Which was
then handled by other people on the staff of this commission.
ii* * * So instead of separation of the function that the Fed-
eral Government, 1 understand it's still so, that the act does not
require that they be separated from the agency. They are part of
the staff and the proposed amendments to the act still say that the
hearing personnel shall be permanently assigned to the particular
agenc3\ It also provides, and the present act does as well, that the
hearing personnel may be loaned back and forth between agencies
in the general field where there might be some common interests
and the examples may be Interstate Commere Commission and the
Federal Power Commission and I know there has been some talk
about interchange between some of these other agencies and the
►Securities Exchange Commission because several of them are con-
cerned whether or not there is going to be securities issued or
financial reorganization of the companies under the regulations
of the commission.
' ' The Chairman : Now, one other question, Mr. Clarkson, as I
understand it now you have your trial examiners, you have your
proposed decision and it goes over to your opinion writers and
then it's either approved or disapproved or modified by members
of the commission ?
"Mr. Clarkson: Right.
' ' Mr. Chairman : Insofar as these opinion writers are concerned
what relationship, if any, to that does that group have with the
staff that prepared and i^resented the case ?
"Mr. Clarkson: Unless there were some organizational struc-
ture within the agency at the Securities Exchange Commission
when I was there, for example, they were all a part of the gen-
eral counsel's staff and although there was some attorney else-
where with the staff that worked on the preparation of the presen-
tation of this material, there was a very close relationship between
all of the legal work and the attorneys on the staff, except for
the trial examiners.
"The Chairman: "Would some of these same people be in the
group that would write the opinion?
' ' Mr. Clarkson : Not in the same case or at the same time. They
were all part of the general counsel's staff but there were times
when they were sort of rotated, but they were on the general
counsel's staff. Smith, for example, would be in the opinion
writing group and after a few months he'd be reassigned to do
some of the other work, preparation of pleadings or the prep-
aration of evidence.
"The Chairman: But in any one case if Smith helped prepare
and present the case he would not be in the group that would
write the opinion ?
36 COMMITTEE REPORT OX PUBLIC UTILITIES
"Mr. Clarkson: Right, but another individual in the general
counsel's staff at least from that moment, had been assigned
to that task, and I think that they were rather careful, I know
some of the agencies were, I think that was one of them, to
inquire whether or not, because right now he is in the opinion
writing group, he had any contact with the preliminary work on
this particular case ; and they tried to maintain that separation
and I think they did a fairly good job and I think that's the
general pattern in the federal agencies so far as I know from
what I've read since.
' ' The Chairman : Do you know whether there was any con-
sultation between the opinion writing group and the staff that
presented the case, or did they try to keep that separate?
"Mr. Clarkson: Well, they professed to, and I think that
largely they did, but the trial examiners, of which there was some
contact between them and discussions. It wasn't our purpose or
intent to try to develop that, we did our job but it irritated us
occasionally when one of the opinion writers would take our
words verbatim and plagiarize the whole thing and present it
as his draft. And sometimes we suspected when we had seen
some of the changes that were made to be proposed that they
had been pretty close in their thinking, at least where they were
physically consulting with the people who had presented their
contentions at the hearings.
"The Chairman: Are you familiar with the National Labor
Relations Board?
"Mr. Clarkson: Well, not too much. When I first wont back
there I knew some of their people very well, but they were one
of the agencies which very early in the 'New Deal' attempted
to make a separation of their staff and did so. I think now their
chief counsel is the head of the presenting department and I know
that the trial hearing personnel are completely separated within
the organization from the prosecuting and general counsel's
function.
"The Chairman: There have been various suggestions as to
how this problem might be handled. I might preface it by saying
that there was some legislation in the 1957 Legislature and it was
felt at that time that not enough information had been obtained,
so no action was taken. And we are trying to resolve the problem.
Now, number one, a suggestion has been made that perhaps the
examiners ought to be placed in the administrative division. And,
number two, that perhaps the course of action should be taken
as you have outlined in the federal. In other words, to stay within
the agency but they are set apart in a separate division. That's
been another suggestion. And, of course, you have the present
situation where they are completely under the control of the
agency. One of the difficulties that, at least, has been presented
to the committee is the same thing that you brought out that the
Federal Government is trying to solve and that is to keep a close
COMMITTEE REPORT ON PUBLIC UTILITIES 37
relationship between the examiners and between the staff that
presents and that, evidently, has a problem. Insofar as any of
these three snf>'j]::estions are concerned, if you wish to express an
opinion, why, we would like to hear jt. * * *
''Mr. Clarkson : It's a fundamental problem that goes back to
our constitutional basis of separation of powers. These adminis-
trative agencies by indication of the Legislature are performing
right across the board. Legislative powers when they adopt rules,
adjudicative powers Avhen they determine adversary matters that
involve the rights of people. But in the final analysis and the
thinking is moving in this direction. For a while when these acts
were formulated in 1945 and 1946, in the Federal Congress,
there was what's now been called a legalistic desire to separate
these legal and juridical functions more and more. More and more
the writers in the field and only today I got the latest text of
whom I think is the greatest writer in the field today, Pro-
fessor Davis, and he has very succinctly told, as the other writers
do not, that in the final analysis these decisions of the adminis-
trative agencies are administrative decisions. They have the final
authority and responsibility for making them. And therefore, who-
ever it is that performs these functions along the line, whether
they be investigatory or prosecutory or adjudicative, must be
subservient to the overall policies and responsibilities of the ad-
ministration which would tend to indicate that there may be some
considerable merit to be said in the line of expertees and the
knowledge of that particular field that the particular admin-
istrator have his own specially trained people. But I am quite
strong in my opinion and there is a lot of support for it among
the writers and in the decisions that those performing the func-
tions should he separated as nearly as can he done organization-
ally from the influences that woidd tend to suhmerge the interests
of the private party. And dominate Avith the predetermined con-
clusion which may have been reached by the administrator what
he wants to accomplish. I think progress could be made along
that line with concern given to this separation of personnel people
because they get institutional feelings, they get sort of a rapport
or feeling ahout the ohjective of the prosecutors or the admin-
istrators, or what people on the staff are likely to do. And if that
is dominant then there should he thought given to greater separa-
tion within the organizational structure or other procedural
requirements of what they are doing. The processes of which they
are going to arrive at the ultimate decision which in most instances
is institutionalized, as they say. It should he out in the open and
on the record and spelled out in greater detail. Detailed findings
of what the facts are that are supported by the evidence and the
determination or conclusions of fact and law that flow from those
determinations of the relevant facts to support the decision. And
I think that's the trend of the thinking of the writers, now, rather
than to be a complete organization divorcement and separating
the agency." (Hearing, Jan. 28, 1959, R. T., emphasis supplied.)
38 COMMITTEE REPORT ON PUBLIC UTILITIES
Mr. Carl Silverhard, Assistant Chief Examiner of the Public Util-
ities Commission, also discussed removal of the examiners from the
control of the commission :
II # # * j^ would be unwieldy and unwise to physically separate
the division of examiners and place it, for example, under the
jurisdiction of the Director of Professional Standards and Voca-
tions. I think that the reason is fairly obvious. We have a staff of
21 examiners in the State of California, sixteen of whom are
members of the Bar, four are engineers, licensed engineers, and
four professional rate experts. These men are all qualified by edu-
cation, training and long years of experience in the commission
work. Qualified for this position, I hardly think it would be a wise
utilization of this type of personnel to place them in an adminis-
trative agency, assign them to hearings with reference to license
activities, of contractors or cosmetologists or things of that sort.
Or the reverse would be true too, that examiners who are holding
hearings for other agencies while not attempting to deprecate
their ability, would find themselves in difficulty with holding hear-
ings of the Public Utilities Commission in matters that are highly
complex and the resolving of Avhich could hardly be made from the
study of the pleadings or even some knowledge of what might be
termed commission policy. The division of the examiners feels
that the examiners could best function when the area of authority
of the commission, the present area of authority of the commission,
but should be walled olf from the rest of the commission staff by
a perimeter of independence. So that there is no question in the
mind of the people who appear before the commission or the prac-
titioners before the commission of the sanctity and integrity of the
proposed decision by the examiner to the commission." (Hearing,
January 28, 1959, R. T.)
RECOMMENDATIONS
The staff is investigator, prosecutor, jury, and judge in many of the
matters before the commission. Firm, and if necessary, sweeping steps
must be taken to eliminate both this undue influence exercised upon
the commission by its staff and the opportunities for abuse of that
influence.
Specificall}^, the committee recommends :
1. That the investigative and prosecutorial functions of the com-
mission be separated from the decision-making functions. This can be
accomplished by a structural reorganization of the commission to put
the engineers, accountants, rate experts, and other so-called "operat-
ing" staff members under an independent chief administrator. The
committee is convinced that, even if staff witnesses no longer par-
ticipate in a case after the hearing, the same group of staff' members
follow a case from beginning to end. It is of little importance the in-
dividuals acting for the staff at different stages of a case are not the
same : The same staff which investigates a case and litigates it from a
privileged position at the hearing, also not only advises, but often in-
fluences and persuades, the connuissioners upon matters of fact and
COMMITTEE REPORT ON PUHLIC UTILITIES 39
policy in coiineetioii with the (lecisioii. Outside parties have no oppor-
tunity to rebut or meet these new facts or influences.
2. That an examiner's report be required in every case and that
the commission be permitted to adopt the examiner's report without
opinion, or to modify or reject it with an opinion.
The committee agrees with representatives of the commission and
others who have stated that the decision-making responsibility rests
with the commission alone. Therefore, since no reason has been found
for giving this responsibility to anyone other than the commission,
the committee finds that it is not practical to require an examiner's
report which could become the final decision without any action by
the commission. However, the examiners are qualified experts in their
fields and should be used to better advantage than merely as draughts-
men under the direction of the commissioners. The work load of the
commissioners necessarily limits their functions to broad policy-making,
and the detailed labor of decision-writing must be left to others. Since
this is necessarily tlie case in any event, it is felt that outside parties
should have the right to know the extent to which the final decision is
based upon foundations laid by persons other than those charged with
the constitutional resi)onsibility for deciding cases.
3. That the question of severing the examiners from the commission
and putting them into the Administrative Procedure pool be further
studied. The committee is still not fully persuaded that public utility
regulation requires any greater degree of specialization than any com-
petent judge possesses. Moreover, the examiners in the Division of Ad-
ministrative procedure hear many different kinds of cases, without
specialization. However, the committee did not have sufficient time
thoroughly to investigate the question of complete separation from the
commission.
4. That the salary levels of the examiners be raised. As long as
examiners are merely draughtsmen under the direction of the presiding
commissioners, their pay seems sufficient, although even under present
conditions the connnission has suggested that pay increases may be
necessary if cora]ietent examiners are to be retained after they have
become trained experts. Under this Committee's proposals, however,
the examiners would enjoy greatly increased independence and respon-
sibility; their salary ought, accordingly, be made compensatory. More-
over, examiners in other state agencies are "judicial officers", and
their salaries are correspondingly higher.
5. That these recommendations be implemented by enactment of a
statute in substantially the following form :
An act to repeal Chajiter 2 (cominencing with Section 301) of Part 1
of Division 1, and to add Cha'pter 2 (commencing with Section 301)
to Part 1 of Division 1, of the Public Utilities Code, relating to the
Public Utilities Commission.
The people of the State of California do enact as follows:
Section 1. Chapter 2 (commencing with Section 301) of Part 1 of
Division 1 of the Public Utilities Code is repealed.
40 COMMITTEE REPORT ON PUBLIC UTILITIES
Sec. 2. Chapter 2 (commencing with Section 301) is added to Part
1 of Division 1 of said code, to read :
Chapter 2. Organization of the Public Utilities Commission
Article 1. Commissioners
301. The Public Utilities Commission is hereby recognized to be a
court of record, and all persons and corporations that are subject in
-whole or in part to regulation by the commission, and all persons in
the employ of or holding any official relation to such persons and corpo-
rations, are subject to the provisions of this chapter; and for the
purposes of this chapter, the term "public utility" shall include all
such persons and corporations.
302. The membership of the Public Utilities Commission and the
qualifications and tenure of the members of the commission are as pro-
vided in Section 22 of Article XII of the Constitution of this State.
Each commissioner shall, before entering upon the duties of his office,
take and subscribe to the constitutional oath of office.
303. No person in the employ of or holding any official relation to
any corporation or person that is subject in whole or in part to regula-
tion by the commission, and no person owning stocks or bonds of any
such corporation or who is in any manner pecuniarily interested therein,
shall be appointed to or hold the office of commisioner or chief adminis-
trator or be appointed or employed by the commission or chief admin-
istrator. If any such person becomes the owner of such stocks or bonds
or becomes pecuniarily interested in such corporation otherwise than
voluntarily, his office or employment shall become vacant unless within
a reasonable time he divests himself of such ownership or interest.
304. The annual salary of each commissioner is provided for by
Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of
Title 2 of the Government Code. The commissioners shall be civil
judicial officers, and their salaries, as fixed by law, shall be paid in the
same manner as are the salaries of other state officers.
305. The commissioners shall elect one of their number president of
the commission. The president shall be responsible for the assignment
of work among the commissioners and examiners.
306. A majority of the commissioners shall constitute a quorum for
the transaction of an}- business, for the performance of any duty, or
for the exercise of any power of the conunission.
307. The office of the commission and of the chief administrator
shall be in the City and County of San Francisco. The office shall
always be open, legal holidays and nonjudicial days excepted. The
commission shall hold its session at least once in each calendar month
in the City and County of San Francisco. The commission may also
meet at such other times and in such other places as may be expedient
and necessary for the proper performance of its duties and for that
purpose may rent quarters or offices. The sessions of the commission
shall be public. The commission shall have a seal bearing the inscription
"Public Utilities Commission — State of California." The seal shall be
affixed to all writs and authentications of copies of records and to such
other instruments as the commission shall direct. All courts shall take
judicial notice of the seal. The commission or chief administrator may
COMMITTEE REPORT ON PUBLIC UTILITIES 41
procure all necessar}^ books, maps, charts, stationery, instruments, office
furniture, apparatus and appliances.
308. The commission may, subject to fSection 18594 of the Govern-
ment Code, employ such reporters, leo-al assistants, and secretarial em-
ployees as it deems necessary to perform the duties and exercise the
power conferred upon it by law. All such employees shall receive such
compensation as is fixed by the connnission.
309. The commission shall employ public utilities examiners to pre-
side over hearings. The salary of such public utilities examiners shall be
fixed for a class of positions which performs judicial functions.
Article 2. The Chief Administrator
320. There shall be a chief administrator of the Public Utilities
Commission, who shall be appointed by the Governor by and with the
advice and consent of a majority of the members elected to the Senate.
The chief administrator shall hold office for a term of four years. His
salary shall be the same as is provided for the Chief Deputy Attorney
General. The chief administrator shall represent and appear for the
people of the State of California in all proceedings and actions before
the commission and shall represent and appear for the people of the
State of California in all proceedings and actions before other courts,
commissions and tribunals involving- any question under this code or
any order or act of the commission. If directed to do so by the com-
mission, he shall initiate and prosecute, if possible, any such action or
procediug in which any such question is involved. The chief adminis-
trator shall commence, prosecute, and expedite the final determination
of all actions and proceedings directed by the commission.
321. Any investigation or inquiry which the commission has power
under this code to undertake may be undertaken by the chief adminis-
trator and shall be undertaken by him if so directed by the commission.
322. The chief administrator shall investigate the cause of all acci-
dents occurring within this State upon the property of any public
utility or directly or indirectly arising from or connected with its
maintenance or operation resulting in loss of life or injury to persons
or property and requiring in the judgment of the commission or of the
chief administrator investigation by him and shall initiate a proceeding
before the commission for the purpose of securing such order or recom-
mendation of the commission with respect thereto as, in its judgment,
seems just and reasonable. Neither the order, recommendation of the
commission, nor any accident report filed with the commission shall be
admitted as evidence in any action for damages based on or arising out
of such rules as the commission prescribes a report of each accident so
occurring of such kinds and classes as the commission from time to
time designates.
323. Wherever, under other provisions of this code, the commission
shall be authorized or required to undertake an investigation or to
initiate a proceedings or, except as provided in Article 3 hereof, to per-
form any act of a nonjudicial nature, the chief administrator shall
undertake such investigation, initiate such proceeding, or perform such
act on behalf of the commission and the people of the State of Cali-
fornia. It is the policy of the Legislature in adopting this section to
42' COMMITTEE BEPORT ON PUBLIC UTILITIES
limit as far as possible the activities of the commissioners to the de-
ciding of cases and the issuance of deciisions and orders and to confer
upon the chief administrator such investigative and administrative
functions as have hitherto been exercised by the commissioners.
324. The chief administrator may, subject to Section 18594 of the
Government Code, employ such officers, experts, engineers, attorneys,
statlstieians, accountants, inspectors, clerks, and employees as he deems
necessarj' to carrj- out the provisions or to perform the duties and
exercise the powers conferred upon him by law. All such officers and
emplo3-ees shall receive such compensation as if fixed by the chief
administrator.
Article 3. The Secretary
330. The commission shall appoint a secretary who shall hold office
during its pleasure. The secretary shall keep a full and true record
of all proceedings of the commission, issue all necessary proces.s, writs,
warrants, and notices and perform such other duties as the commission
prescribes.
Article 4. Proceedings
340. Wherever, under provisions of this code, the commission is
empowered to issue a decision or order or to hold a hearing, this article
shall apply to such hearing and decision or order as far as applicable,
and all other provisions of this code are hereby repealed, to the extent
that they are inconsistent herewith.
341. All complaints, applicants, petitions, and other documents,
whether formal or informal, seeking relief from or action by the com-
mission, shall be filed with the secretary under such rules as the com-
mission may prescribe.
342. "Where such complaint, application, petition, or other document
is filed by any person or corporation other than the chief administrator,
it shall, after docketing, be referred to the chief administrator. The
chief administrator shall thereupon make such investigation as he deems
proper. If the complaint, application, petition, or any other document
is of an informal nature, the chief administrator may after investiga-
tion, in his discretion, initiate a formal proceeding seeking such action
by the commission as he deems appropriate. If the chief administrator
finds the complaint, application, petition, or other document to be with-
out merit or for any other reason declines to initiate formal action
before the commission, he shall advise the person or corporation who
filed such complaint, application, petition, or other document of his
right, if any, to file a formal proceeding with the commission.
343. If the complaint, application, petition, or other document is
formal in nature, the secretary shall docket it and refer it to the chief
administrator for investigation. The complaint, application, petition,
or other document is formal in nature, the secretary shall docket it and
refer it to the chief administrator for inve-ti£ration. The complaint,
application, petition, or other document, shall be placed upon the
calendar of the commission for hearing or er fjarie disposition under
such rules as the commission may prescribe.
344. If the formal complaint, application, petition, or other docu-
ment is one requiring a hearing, such hearing shall be before such ex-
aminer as the commission may designate and the chief administrator
COMMITTEE REPORT ON' PUBIJC UTILITIES 43
shall take such position consistent with established commission policy
as he deems to be in the best interest of the people of the State of
California and shall defend that position against all other parties in
the hearing before the examiner.
345. The examiner shall conduct the hearing in a judicial manner
under such rules as the commission may prescribe and thereafter shall
make and publish his recommended decision stating all necessary find-
ings of fact and of law and his reasons therefor and shall base his
recommended decision entirely upon the record and upon such other
matters as the commission may be empowered to take notice of; pro-
vided, that where the opinion of the examiner rests upon a material
fact based upon such notice taken rather than upon evidence in the
record, notice shall be given to the parties and the opportunity for
argument or evidence in rebuttal afforded.
346. When the examiner's recommended decision has been made, it
shall be served upon all parties, who shall be afforded the opportunity
under such rules as the commission nuiy prescribe to file exceptions to
the examiner's recommended decision.
347. After the examiner's recommended decision has been made and
.served, and the time for filing exceptions has passed, the eonnnission
shall review the examiner's recommended decision any such exceptions
thereto as may have been filed, and may adopt the report without
opinion.
348. The commission may modify the recommended decision of the
examiner or publish its own decision, basing its modification or decision
upon an actual review of the record or of such portions thereof as may
be cited in the exceptions, stating fully its findings of fact and of law
and its reasons therefor.
349. The commission and the examiners in deciding matters, may
take judicial notice in like manner and to the same extent as courts of
record and in addition thereto may take judicial notice of all reports,
records, and other documents in the files maintained by the secretary.
350. The examiners may administer oaths, examine witnesses, re-
ceive evidence, and issue subpoenas for the attendance of witnesses
and the production of papers, waybills, books, accounts, documents and
testimony in any hearing or proceeding in any part of the State, under
such rules as the commission adopts.
351. Tlie chinf administrator may require by subpoena served on
any public utility the production within this State at such time and
place as he di^siirnates of any books, accounts, papers, or records kept
by the public utility in ajiy office or place without this State or at its
option, verified copies in lieu thereof so that an examination thereof
may be made by the commission or by the chief administrator.
352. The commission and each connnissioner may issue writs of sum-
mons, subpoenas, warrants of attachment, warrants of commitment,
and all necessary process in proceedings for contempt in like manner
and to tlie same extent as other courts of record.
353. Process issued by the commission or any commissioner or by
any examiner or the chief administrator extends to all parts of the
State and may be served by any ikmsou authorized to serve such process
of courts of record or by any person designated by the commission or a
commissioner. The person executing such process shall rcccivi" smli
44 COMMITTEE REPORT ON PUBLIC UTILITIES
i'oiiipeiisatiou as is allowed by Ihc ( oiiiip.issioii not to exceed the i'ees
prescribed by law on August 8, lOlo, for similai- services and such fees
shall be paid in tlie same manner as provided in this part for payment
of the fees of wntnesses.
EXPLANATION
Generally, this bill has as its purpose the separation of the investi-
gative and prosecutorial functions of the Public Utilities Connnission
from the decision-making ones through a division of responsibility be-
tween the five commissioners and the operating statf.
A chiei administrative oificer is given a large degree of autouomj^
in his management of the staff while the commissioners, along with the
examiners, reporters, legal assistants and stenographic help are con-
fined to the making and publishing of the decisions of the commission.
Specific requirements are set forth to insure full apportunity to the
parties to be heard and to participate co-equally with the staff in argu-
ments to the commission and to insure that the decision-making process
shall be impartial.
Constitutionality of the Bill
Since Article XII, Section 20 of the State Constitution vests certain
regulatory powders directly in the Public Utilities Commission, opinion
of Legislative Counsel as to the constitutionality of the bill was re-
quested. That opinion follows :
Office of Legislative Counsel
Sacramento, California, May 14, 1959
Honorable Richard J. Dolwig
Senate Chamher
PUBLIC UTILITIES COMMISSION— S. B. 1 41 6— #14690
Dear Senator Dolwig :
question
You have requested our opinion on the constitutionality of Senate
Bill 1416, relating to the Public Utilities Commission.
OPINION
111 our opinion the bill is constitutional.
ANALYSIS
Senate Bill 1416 would repeal the present Chapter 2 (commencing
with Section 801) of Part 1 of Division 1 of the Public Utilities Code,
relating to the organization of the Public Utilities Commission, and
would, in place thereof, add a new Chapter 2 revising the provisions
governing the organization of the commission and the conduct of pro-
ceedings before it. It w^ould establish a new office of chief administrator
of the commission and prescribe his powers and duties and would estab-
lish an administrative division in the commission with the secretary
of the commission as chief of the division.
The bill would provide that the Public Utilities Commission is "rec-
ognized to be a court of record," and the commissioners would be desig-
COMMITTEE REPORT ON PUBLIC UTILITIES 45
nated as civil judicial officers (Sees. 801, 804. P. U. C. as added by the
bill) .
The Letrislatiire may not establish new types of courts, since the
judicial branch of the a'overnment is provided for in the Constitution
(Art. IV, Sec. 1. Calif. Const.). It miprht therefore be alleged that
the bill attempts to establish a new form of a court in violation of the
Constitution.
The Public Utilities Commission is established as a constitutional
body with certain powers spelled out in the Constitution itself. It has
the power to establish rates of charces for the transportation of pas-
sengers and freight by railroads and other transportation companies,
and in connection therewith has the power to examine books, records and
papers of all railroad and other transportation companies ; to hear
and determine complaints against railroad and other transportation
companies ; to issue subpoenas and all necessary process and send for
persons and papers; and the commission and each of the commissioners
has the power to administer oaths, take testimony and punish for eon-
tempt "in the same manner and to the same extent as courts of rec-
ords" (Art. XII, Sec. 22, Calif. Const.). The Constitution also provides
that the Legislature has plenty of power to confer additional powers
upon the Public T^tilities Commission which are not inconsistent with
the powers conferred upon it by the Constitution, and that the commis-
sion has such power and jurisdiction to supervise and regulate public
utilities in general and to fix the rates to be charged by such utilities as
mav be conferred on it bv the LeQ'isla+urp (Ar^. XII. Sees. 22 and 28,
Calif. Const.).
The courts have held that the Public ITtilities Commission in exer-
cising its powers and jurisdiction under Sections 22 and 23 of Article
XII of the Constitution is a court, even though not specifically desig-
nated as such by the Provisions of the Constitution establishing the
judicial department of the State (Pacific T^TppJwve ovd Trlefiraph Co.
V. EshUman, 166 Cal. 640. 689; Peovle v. Western Air TJ/nes, 42 Cal.
2d 621, 681, 682).
"We are therefore of the opinion that the provisions discussed above
in the proposed bill in question would be constructed by the courts to
be declaratory of existing law and not as n^w provisions attempting to
establish a court contrary to the constitution where none had existed
before.
We have examined all the provisions of the bill relating to procedures
before the commission and we have found nothiu'? therein which ap-
pears to us to be beyond the powers of the Legislature to enact laws
relating to public utilities or which are inconsistent with the constitu-
tional powers of the Public T^tilities Commission. We therefore con-
clude that the bill is constitutional.
Very truly yours,
Ralph N. Kleps
Legislative Counsel
By Robert G. Hinshaw
Deputy Tjegislative Counsel
46 COMMITTEE REPORT ON PUBLIC UTILITIES
ANALYSIS OF THE BILL
Analysis of Legislative Counsel is reproduced at the end of this
chapter. A more detailed explanation follows :
Article 7 . Commissioners
This article re-enacts most of existing Chapter 2, Part 1, Division 1,
Public Utilities Code, making changes to conform with the reorganiza-
tion of the commission provided in Articles 2 and 3.
Section 301 as provided in the bill, recognizing the Public Utilities
Commission as a court of record, recognizes a purely judicial control
over the regulated companies which can be considered as having con-
current jurisdiction with the hybrid commission now provided in the
Constitution. Also all companies under the regulation of the commission
are for procedural purposes declared to be public utilities, making use
of the Legislature's power to broaden the commission's jurisdiction.
Such broadening of the commission's jurisdiction is conditioned by the
balance of the bill explicitly setting forth the methods by which the
delegated jurisdiction may be exercised.
Section 302 is similar to existing language, setting forth the qualifi-
cations and oath of office of the commissioners.
Section 303 is also similar to existing language except that the new
section provides that the chief administrator and his employees are
also subject to the prohibition against conflicting pecuniary interests.
Section 304 is similar to existing language except that the commis-
sioners are recognized as civil judicial rather than civil executive
officers.
Section 305 is also similar to existing language except that the presi-
dent's responsibility for the assignment of work is made explicit.
Section 306 is also similar to existing language.
Section 307 recognizes the chief administrator as well as the commis-
sion in provisions for the office, seal, and material purchases.
Section 308 provides for the employment by the commission of re-
porters, legal assistants and secretarial emploj-ees. The analogous pro-
vision in the existing code is much broader, giving the commission power
to employ experts, accountants, etc., which under this act is transferred
to the chief administrator.
Section 309 requires rather than permits, as under existing language,
the commission to employ examiners and requires that the salaries of
such examiners be fixed as for judicial officers. This will require a
substantial increase over the salaries now available in the top levels
of the examiner positions.
Article 2. The Chief Administrator
Article 2 sets forth the creation and the powers and duties of the
chief administrator who is to function as an autonomous officer with
the power and responsibility over investigations and litigations before
the commission.
Section 320 creates tlie chief administrator office, provides for an
appointment by the Governor with the consent of the Senate, and pro-
vides a salary for the chief counsel, tied to the salary received by the
Chief Deputy Attorney General.
COMMITTEE REPORT ON PUBLKJ UTILITIES 47
The chief administrator is required by tliis section to represent the
people in all proceedinos of the commission and to represent the com-
mission and the people in all proceedings bel'ore other courts and to
bring such actions as the commission may direct.
Section 321 transfers to the chief administrator counsel the responsi-
bility and authority now vested in the commission for making investiga-
tions and inquiries.
Section 322 transfers to the chief administrator the duty to investi-
gate all accidents occurring upon Public Utility property and provides
for initial action of a proceeding by the chief administrator seeking
such action as the commission under present language has power to
take upon its own motion.
Section 323 sets forth the policy of the bill generally transferring to
the chief administrator all of the investigative functions which are else-
where in the bill transferred to the secretary.
Section 324 transfers to the chief administrator the power now held
by the commission to employ experts, engineers, statisticians, account-
ants, etc., as the operating staff of the commission.
Article 3. The Secretary
Article 3 legislates the functions of the secretary.
Section 330 is similar to the existing language.
Article 4. Proceedings
Article 4 sets out an outline of the minimum requirements for the
hearing and decision-making processes.
Section 340 makes the article applicable to all matters in which the
commission is empowered by the code to hold a hearing or issue a
decision or order, and repeals other sections of the Code to the extent
that they may be inconsistent with the article.
Section 341 provides that all filings with the commission must be with
the secretary.
Section 342 provides that where the filing is made by a private party,
the chief administrator must investigate, pass upon the merits of the
claim, and either file a formal complaint on behalf of the party or advise
the party of his right, if any, to file.
Section 343 provides that if the original filing is formal, then it must
be put on the calendar of the commission.
Section 344 requires the chief administrator to investigate and pre-
pare for litigation a position relative to the formal filing consistent with
established commission policy for the purpose of the hearing.
Section 345 requires the examiner to conduct the hearing in a judicial
manner and to prepare a decision stating all necessary findings of fact
and law and recommending a disposition of the case. The opinion must
be based upon the record and such matters as are on file with the com-
mission and which have been brought before the parties for argument
and rebuttal.
Section 346 provides for service of the examiner's recommended deci-
sion and the filing of exceptions by the parties.
Section 347 requires the commission to review the proposed decision
and the exceptions and permits the commission to adopt the proposed
decision without a formal opinion of its own.
48 COMMITTEE REPORT ON PUBLIC UTILITIES
Section 348 alternatively permits the commission to substitute its
own decision for that of the examiner by issuing a decision fully sup-
porting any departures from the examiner's decision.
Section 349 permits the commission and the examiners to take judicial
notice both in the same manner as other courts of record, and of other
matters of record with the commission.
Section 350 transfers to the examiners the power held under present
language by commissioners to administer oaths, examine witnesses, re-
ceive evidence and issue subpoenas.
Section 351 transfers to the chief administrator power now held by
the commission to compel the production of the records of public util-
ities for examination in connection with an investigation.
Section 352 is similar to existing language empowering commissioners
to issue various writs in aid to their jurisdiction.
Section 353 provides similarly to present language that the process
of the commission or its officers extends throughout the State of Cali-
fornia and re-enacts existing language relative to compensation for
service of such process.
The committee has taken as its model procedures under the National
Labor Relations Act which include elements of the Federal Adminis-
trative Procedure Act.
In the Federal Register for May 14, 1958, the National Labor Rela-
tions Board reviewed its procedures under the dual-responsibility provi-
sions of the L.M.R.A. as follows :
"The investigation of an alleged violation of the National Labor
Relations Act is initiated by the filing of a charge. * * * The
charge is filed with the regional director for the region in which
the alleged violations have occurred or are occurring. * * * Any
person may file a charge. * * *
"When the charge is received in the regional office, it is filed,
docketed, and assigned a case number. * * * The regional director
requests the person filing the charge to submit evidence in its
support. The person against whom the charge is filed, hereinafter
called the respondent, is asked to submit a written statement of his
position in respect to the allegations. The case is then assigned to
a member of the field staff for investigation, who interviews repre-
sentatives of all parties and those persons who have knowledge as
to the charges. * * *
"If investigation reveals that there has been no violation of the
National Labor Relations Act or the evidence is insufficient to sub-
stantiate the charge, the regional director recommends withdrawal
of the charge b3' the person who filed. The complainant may also,
on its own initiative, request withdrawal. * * *
"If the complainant refuses to withdraw the charge as recom-
mended, the regional director dismisses the charge. The regional
director thereupon informs the parties of his action, together with
a simple statement of the grounds therefor, and the complainant
of his rights of appeal to the general counsel in Washington, D. C,
within 10 days. If the complainant appeals to the general counsel,
the entire file in the case is sent to Washington, D. C, where the
case is fully reviewed by the general counsel with the assistance
COMMITTEE REPORT ON PUBLIC UTILITIES 49
of his staff. Following such review, the general counsel may sus-
tain the regional director's dismissal, stating the grounds of his
affirmance, or may direct the regional director to take further
action. * * *
"A duly designated trial examiner presides over the hearing.
The government's case is conducted by an attorney attached to the
Board's regional office, who has the responsibility of presenting the
evidence in support of the complaint. Counsel for the general coun-
sel, all parties to the proceeding, and the trial examiner have the
power to call, examine, and cross-examine witnesses and to intro-
duce evidence into the record. They may also submit briefs, engage
in oral argument, and submit proposed findings and conclusions to
the trial examiner.
' * The functions of all trial examiners and other Board agents or
employees participating in decisions in conformity with section 8
of the Administrative Procedure Act are conducted in an impartial
manner and any such trial examiner, agent or employee may at any
time withdraw if he deems himself disqualified because of bias or
prejudice. The Board's attorney has the burden of proof of viola-
tions of section 8 of the National Labor Relations Act and section
222 (f ) of the Telegraph Merger Act. In connection with hearings
subject to the provisions of section 7 of the Administrative Pro-
cedure Act :
(1) No sanction is imposed or rule of order issued except upon
consideration of the whole record or such portions thereof
as may be cited b}^ any party and as supported by and in
accordance with the preponderance of the reliable, proba-
tive, and substantial evidence ;
(2) Every party has the right to present his case or defense
by oral or documentary evidence, to submit rebuttal evi-
dence, and to conduct such cross-examination as may be
required for a full and true disclosure of the facts; and
(3) Where any decision rests on official notice of a material fact
not appearing in the evidence in the record, any party is
on timely request afforded a reasonable opportunity to show
the contrary. * * *
''At the conclusion of the hearing the trial examiner prepares
an intermediate report (recommended decision) stating findings
of fact and conclusions, as well as the reasons for his determina-
tions on all material issues, and making recommendations as to
action which should be taken in the case. The trial examiner may
recommend dismissal or sustain the complaint, in whole or in part,
and recommend that the respondent cease and desist from the
unlawful acts found and take action to remedy their effects. * * *
' ' The intermediate report is filed with the board in Washington,
D. C, and copies are simultaneously served on each of the parties.
At the same time the board, through its executive secretary, issues
and serves on each of the parties an order transferring the case
to the board. The parties may accept and comply with the recom-
mendations of the trial examiner, and thus normally conclude the
50 COMMITTEE REPORT ON PUBLIC UTILITIES
entire proceedings at this point. Or, tlie parties or counsel for the
board may file exceptions to the intermediate report with the board
and may also request permission to appear and argue orally before
the board in Washington, D. C. They may also submit proposed
findings and conclusions to the board. Oral argument is very fre-
quently granted. * * *
"If any party files exceptions to the intermediate report, the
board, with the assistance of the legal assistants to each board
member who function in much of the same manner as law clerks
do for judges, reviews the entire record, including the trial exam-
iner's report and recommendations, the exceptions thereto, the
complete transcript of evidence, and the exhibits, briefs, and argu-
ments. The board does not consult with members of the trial exam-
ining staff or with any agent of the general counsel in its delibera-
tions. It then issues its decision and order in which it may adopt,
modify, or reject the findings and recommendations of the trial
examiner. The decision and order contains detailed findings of
fact, conclusions of law, and basic reasons for decision on all
material issues raised, and an order either dismissing the com-
plaint in whole or in part or requiring the respondent to cease
and desist from its unlawful practices and to take appropriate
affirmative action. * * *
"If no exceptions are filed to the intermediate report, and the
respondent does not comply with its recommendations, the board
adopts the report and recommendations of the trial examiner. All
objections and exceptions, whether or not previously made during
or after the hearing, are deemed waived for all purposes. * * *
"If no exceptions are filed to the intermediate report and the
respondent does complj^ therewith, the case is normally closed but
the board may, if it deems necessary in order to effectuate the
policies of the act, adopt the report and recommendations of the
trial examiner. * * *"
Much of the detail of the procedures of the National Labor Relations
Board is inapplicable to the California Public Utilities Commission
and the bill in Article 4 represents an adaptation of N. L. R. B. pro-
cedures to the specific needs of the Public Utilities Commission. For
example, the commission does not have an organization of regional
offices so that the intermediate recommendation of regional directors
is unnecessary. Again as stated above, the general counsel has no
power of final denial of a charge or complaint so that immediate ap-
peals to the general counsel are unnecessary. What is incorporated are
the essential elements of a decision based upon a record developed in
opening hearing and the participation in that hearing of an officer
of the regulatory body taking an adversary position independently of
the decision-making branch of the regulatory body. The distinction
between formal and informal procedures is common to both the
N. L. R. B. and the California commission, and matters of detail are
in both cases left by the statutes to the discretion of the board or
commission.
COMMITTEE REPORT ON PURIjIO TTTII.ITIES 51
Perhaps the major distinction is the status of the examiner's report.
Under the L. M. R. A. the examiner's report if complied with by
the parties may become the final disposition of the case Avithout any
action by the board. As previously pointed ont, however, in California
since the commission has the constitutional responsibility for deciding
the case, the examiner's report has no final status and may become
the final decision in the case only upon formal adoption by the
commission.
APPENDIX TO CHAPTER THREE
Text of Analysis of Legislative Counsel
"The bill would repeal the present Chapter 2 (commencing with
Section 301) of Part 1 of Division 1 of the Public Utilities Code,
relating to the organization of the Public Utilities Commission, and
would, in place thereof, add a new Chapter 2 revising the provisions
governing the organization of the commission and the conduct of the
proceedings before it."
The bill would provide that the Public Utilities Commission is "rec-
ognized to be a court of record" (Sec. 301). It would provide that all
persons and corporations that are subject in whole or in part to regu-
lation by the Public Utilities Commission would be subject to the pro-
visions of the chapter, and that for the purposes of the chapter the
term "public utilitv" would include all such persons and corporations
(Sec. 301).
The membership of the Public Utilities Commission and the qualifica-
tions and tenure of its members would be as provided in Section 22 of
Article XII of the Constitution, and each commissioner would be re-
quired to take and subscribe the constitutional oath of office (Sec. 302).
No person employed by or holding an official relation to a corporation
or person subject to the regulation of the commission, and no persons
owning stocks or bonds in such a corporation or otherwise pecuniarily
interested therein, could be appointed as a commissioner or chief ad-
ministrator of the commission, or be otherwise employed by the com-
mission or the chief administrator (Sec. 303).
The commissioners would be designated as civil judicial officers, with
salaries as presently fixed in the Government Code (Sec. 304). The
commissioners would be required to elect one of their number as presi-
dent of the commission and the president Avould be responsible for the
assignment of work among the commissioners and examiners (Sec. 305).
A majority of the commissioners would constitute a quorum for the
transaction of business (Sec. 306).
The office of the commission and its chief administrator would be
in San Francisco, and the office would alwavs be open except on legal
holidays and on judicial holidays (Sec. 307). The commission would
be required to hold sessions at least once a month in San Francisco,
and at such other times and places as it deemed expedient, and its
sessions would be public (Sec. 307). The commission would have a
seal, as to which all courts would take judicial notice (Sec. 307).
The commission would be authorized to employ reporters, legal
assistants, and secretarial employees, some of whom would be exempt
from civil service as presently provided in the Government Code, and
the commission would fix their compensation (Sec. 308).
52 COMMITTEE REPORT ON PUBLIC UTILITIES
The commission would employ public utilities examiners to preside
over hearings, and the salary of such examiners would be fixed for a
class of positions which performs judicial functions (Sec. 309).
The bill would create the office of chief administrator of the commis-
sion. The chief administrator would be appointed by the Governor with
the consent of the Senate (Sec, 320). The chief administrator would
hold office for four years and his salary would be the same as the Chief
Deputy Attorney General (Sec. 320).
The chief administrator would represent and appear for the people
of the State in all proceedings and actions before the commission, and
would represent and appear for the people and the commission in all
actions and proceedings before other courts, commissions and tribunals
involving any question under the Public Utilities Code or any order
or act of the commission (Sec. 320). If the commission directed the
administrator to do so, he would initiate and prosecute any such actioii
or proceedings in which any such question M^as involved, and he would
commence, prosecute, and expedite the final determination of all actions
and proceedings directed by the commission (Sec. 320).
The chief administrator would be authorized to undertake any inves-
tigation or inquiry which the commission has power to undertake under
the Public Utilities Code and would be required to do so if directed
by the commission (Sec. 321). He would investigate the cause of all
accidents occurring within the State upon the property of any public
utility or directly or indirectly arising from its maintenance or opera-
tion resulting in loss of life or injury to persons or property and
requiring, in the judgment of the commission or the administrator,
investigation by him, and he would initiate a proceeding before the
commission for the purpose of securing such order or recommendation
of the commission with respect thereto as in his judgment seemed just
and reasonable (Sec. 322). Neither the order, recommendation of the
commission, or any accident report filed with the commission would
be admissible as evidence in any action for damages based on or aris-
ing out of such loss of life or injury to persons or property (Sec. 322).
All public utilities would be required to file with the commission a
report of each accident so occurring (Sec. 322).
The chief administrator would undertake investigations, initiate pro-
ceedings, and perform any act of a nonjudicial nature on behalf of the
commission and the people of the State which the commission is author-
ized or required to undertake, initiate or perform under any provisions
of the Public Utilities Code, except the duties of the secretary and the
administrative division provided for in the bill (Sec. 323). The bill
would state it to be the policy of the Legislature, in adopting the fore-
going provision, to limit as far as possible the activities of the commis-
sioners to the deciding of cases and the issuance of decisions and orders,
and to confer upon the chief administrator such investigative and ad-
ministrative functions as have hitherto been exercised by the commis-
sioners (Sec. 323).
The chief administrator would be authorized to employ such officers,
experts, engineers, attorneys, statisticians, accountants, investigators,
clerks and other employees as he deemed necessary to carry out his
duties, and he would fix their compensation (Sec. 324).
COMMITTEE REPORT ON PUBLIC UTILITIES 53
The commission would be required to appoint a secretary, who would
hold office at its pleasure (Sec. 330). The secretary would keep a full
record of all proceedings of the commission, execute all necessary proc-
ess, writs, warrants and notices and perform such other duties as the
commission might prescribe (Sec. 330).
The bill would create in the commission a division known as the
Administrative Division, the secretary to be chief of that division (Sec.
331). The division would maintain all records of the commission and
of the chief administrator (Sec. 332).
With respect to proceedings before the commission, the bill would
provide that wherever under provisions of the Public Utilities Code,
the commission is empowered to issue a decision or order or to hold
a hearing, the provisions of the bill would apply to such hearing and
decision or order, as far as applicable, and all other provisions of the
Public Utilities Code would be repealed, to the extent that they would
be inconsistent with the provisions of the bill (Sec. 340).
The bill would require all complaints, applications, petitions, and
other documents seeking relief from or action by the commission to
be filed with the secretary under such rules as the commission might
prescribe (Sec. 341).
Where any complaint, application, petition, or other document is
filed by any person or corporation other than the chief administrator,
it would be referred to the chief administrator (Sec. 342). The chief
administrator would thereupon make such investigation as he deemed
proper, and if the document is of an informal nature, the chief adminis-
trator would be authorized, after investigation, to initiate a formal
proceedings seeking such action by the commission as he deemed appro-
priate (Sec. 342). If he found the document to be without merit or
for any other reason declined to initiate formal action before the
commission, he would advise the person or corporation who filed the
document of his right, if any, to file a formal proceeding with the
commission (Sec. 342). If the document filed was formal in nature,
the secretary would docket it and refer it to the chief administrator for
investigation, and it would be placed upon the calendar for hearing or
ex parte disposition under such rules as the commission might prescribe
(See. 343).
If the document required a hearing, the hearing would be before
such examiner as the commission might designate and the chief ad-
ministrator would take such position consistent with commission policy
as he deemed to be in the best interest of the people of the State, and
would defend that position against all other parties in the hearing
before the examiner (Sec. 344).
The examiner would conduct the hearing in a judicial manner under
such rules as the commission might prescribe, and would make and
publish his recommended decision stating all necessary findings of fact
and law and his reasons therefor, and would base his recommended
decision entirely upon the record and such other matters as the com-
mission might be empowered to take notice of (See. 345). If the opinion
of the examiner rented upon a material fact based upon such notice
taken, rather tliaii upon evidence in the record, notice would be given
to the parties and opportimitj^ for argument or evidence in rebuttal
afforded (Sec. 345). Tlie exaininer's recommended decision would be
54 COMMITTEE REPORT ON PUBLIC UTILITIES
served upon the parties, who would be afforded the opportunity to
file exceptions (Sec. 346). After the time for filing exceptions has
passed the commission would review the examiner's proposed decision
and any exceptions and could adopt the report without opinion (Sec.
347).
The Commission could modify the examiner's proposed decision or
publish its own decision, basing its modification or decision upon an
actual review of the record, stating fully its findings of fact and law
and reasons as therefor (Sec. 348). The commission and the examiners in
deciding matters could take judicial notice to the same extent as courts
of record and of all documents in the files of the secretary (Sec. 349).
The examiners could administer oaths, examine witnesses, receive
evidence, and issue subpenas (Sec. 350). The chief administrator could
issue subpenas for the production of books and records (Sec. 351), and
the commission and each commissioner could issue writs of summons,
subpenas, warrants of attachment, warrants of commitment, and all
necessary process in proceedings for contempt in like manner as other
courts of record (Sec. 352).
Process issued by the commission, any commissioner, any examiner,
or the chief administrator would extend to all parts of the State and
could be served by any person authorized to serve process of courts of
record or by any person designated by the commission or a commis-
sioner (Sec. 353).
CHAPTER FOUR
ENFORCEMENT OF COMMISSION ORDERS
INTRODUCTION
Under the Public Utilities Code, the commission has very broad
powers to prescribe the rates charged and services furnished by public
utilities, highway carriers and several other specific forms of business
"affected with a public interest." The methods of enforcement avail-
able to the commission in support of its regulations, however, are
largely indirect and often ineffective. Basically, there are four sanctions
behind commission orders. These are :
1. Prosecution of misdemeanors by the district attorney of the proper
county ;
2. Civil action by the commission to collect penalties prescribed in
the code ;
3. Suspension or revocation of a violator's license or operating per-
mit ; and
4. Contempt proceedings for violations of the commission's cease-
and-desist orders.
Crimes
Under the Public Utilities Code, a carrier or an agent of a carrier
"who violates or who fails to comply with or who procures, aids, or
abets any violation by any (carrier) of any provision of this chapter
or who fails to obey, observe, or comply with any order, decision, rule,
regulation, demand, or requirement of the commission or of any oper-
ating permit issued to any (carrier) or who procures, aids, or abets any
(carrier) in its failure to obey, observe, or comply with any such order,
decision, rule, regulation, direction, demand, requirement, or operating
permit is guilty of a misdemeanor and is punishable by fine of not
more than $500 or by imprisonment in the county jail for not more
than three months or both." (See Public Utilities Code Section 3801
(Highway Carriers) ; 4141 (City Carriers) ; 5311 (Household Goods
Carriers).)
Similarly, any corporation or person other than a carrier who know-
ingly and willfully commits, procures, aids, or abets any of the offenses
described above is also guilty of a misdemeanor punishable by a similar
fine or imprisonment (see Public Utilities Code Section 3802 (High-
way Permit Carriers) ; 4142 (City Carriers) ; Section 5312 (Household
Goods Carriers) ).
Any passenger stage corporation which violates or aids, and abets in
a violation of the statutes regulating such corporations are also guilty
of a misdemeanor and punishable by fine or imprisonment (see Public
Utilities Code Section 1037). Again, any person or corporation who
violates the Food Warehouseman Act or orders of the Public Utilities
Commission, or procures, aids, or abets such a violation is also subject
(55)
56 COMMITTEE REPORT ON PUBLIC UTILITIES
to fine or imprisonment, for a misdemeanor ; any person or a corpora-
tion operating for hire vehicles who violates or aids, abets, or procures
a violation of the For Hire Vessels Act or of a commission order is
guilty of a misdemeanor punishable by fine or imprisonment (see
Section 4604) and it is provided that eacli day's violation of an order
or of the statutes is a separate offense (see Section 4605).
Any agent of a public utility who procures, aids, or abets the utility
in violation of the Constitution, Public Utility Act, or any order of the
Public Utility Commission is subject to prosecution for a misdemeanor
unless the penalty is otherwise provided (see Section 2110).
Similar sanctions applj^ to acts of nonutility corporations and private
persons (see Section 2112). Although no specific misdemeanor provi-
sions are found in the statute covering water companies, Section 2701
subjects such companies to the Public Utilities Act, which includes Sec-
tions 2110 and 2112.
Acting as a motor transportation broker (as defined) without a
license is a misdemeanor for the first offense and may be a felony for
subsequent offenses ; and it is a misdemeanor for a licensed motor trans-
portation broker to violate the motor transportation broker law (see
Sections 4878 and 4879).
The district attorney of the county in which the violation of the
motor transportation act occurs has the duty to prosecute the misde-
meanant with or without the request of the commission ; but the com-
mission may prefer the complaint and assist in presenting the facts for
the prosecution (see Section 4873).
Various other crimes are defined in Article 5 of Chapter 1 of Divi-
sion 4 (railroad equipment), and in Chapter 2 of Division 4 (street
railroads).
While the scheme of statutory misdemeanors is broad, it is by no
means complete. Whether by accident or design, a public utility corpor-
ation is not subject to fine for violations of the code or of a commission
order although its agents may be and specific utilities, such as pas-
senger stage corporations, are subject to specific defined misdemeanors.
Punishment of the violations as misdemeanors is a slow and clumsy
process. The finding of a violation by the commission is not valid evi-
dence in the criminal trial of the misdemeanor since the evidence is
hearsay. Moreover, the commission has no authority to compel prosecu-
tion of most of the defined misdemeanors and must rely upon the zeal
of district attorneys for effective enforcement of its order by this proc-
ess. For these reasons, the commission has not placed any great reliance
upon the misdemeanor or provision for the enforcement of the statute
or of its orders issued thereunder.
Penalties
Parallel to the statutory scheme of misdemeanors is a system of
statutory penalties as to highway carriers, city carriers, and household
goods carriers. An offense identical to the misdemeanors defined in
Sections 3801, 4141, and 5311 is subjected to a "penalty" of not more
than $500 for each offense by Sections 3801, 4143, 5312, respectively.
Similar penalties for noncarriers parallel to misdemeanors defined in
Sections 3802, 4142 and 4312 are prescribed in Sections 3804, 4142,
and 5314, respectively. In addition to these penalties, Section 826 sub-
COMMITTEE REPORT ON PUBLIC UTILITIES 57
jects a public utility corporation to a penalty of not less than $500
nor more than $20,000 for violations of Public Utility Commission
orders or the Public Utility Act, or of the Constitution in connection
with the issue of securities; Section 2107 provides a penalty of from
$500 to $2,000 for violation of any provision of the Constitution, the
Public Utility Act or a commission order not otherwise specifically
penalized by the statute. Section 2109 makes the utility liable for the
acts of its agents with respect to these penalties. Generally speaking,
the penalties are cumulative and a suit to collect a penalty does not
bar recovery of other penalties or criminal prosecution or contempt
proceedings (see Sections 2105 (public utilities) ; 3805-6 (highway per-
mit carriers) ; 4145-6 (city carriers) ; 5315-6 (household goods car-
riers) ) . Sections 2805, 4145, and 5315, 2108 also provide that "in case of
a continuing violation, each day 's continuance thereof is a separate and
distinct offense."
Venue for the suit to collect the penalties lies in the superior court
of the county in which the violation occurred or where the defendant
(if a person) resides or (if a corporation) has its principal place of
business (see Sections 2104, 3807, 4147, 5317) ; procedure and rules of
evidence in the action are similar to those in ordinary civil actions,
and all penalties incurred up to the time of filing may be sued for in
a single action (see Sections 2104, 3808, 4148, 5318).
Suit for the penalties is to be filed and prosecuted by the attorney
for the commission (see Sections 3807, 4147, 5317, 2104), and the pen-
alties recovered together with the costs recovered are to be paid into
the State Treasury to the credit of the General Fund (see Sections 2107,
3809,4149,5318).
Similar penalty is provided for violation of the Public Utility Act
or any order of the Public Utilities Commission by a non-utility corp-
ration; again, presumably the penalty provisions are applicable to
water companies (see Section 2701).
Finally, there is a 5 percent penalty for failure, neglect or refusal
to file the required statement and pay the required fee into the trans-
portation rate fund (see Section 5007), and the commission is em-
powered to estimate the penalty (see Section 5008).
Again, the system of penalties is broad but not entirely complete,
although it should be noticed that combined effect of the misdemeanor
and penalty provisions does subject every violation of the statutes or
of a commission order to at least one form of punishment. Again, how-
ever, the facts upon which the penalty is to be predicated must be
established de novo in a superior court; the amount of the penalty is
inflexible and to a certain extent not easily adaptable to efficient en-
forcement of the commission orders ; and although the commission need
not rely on outside officers for the institution of proceedings, the whole
process of litigating penalty actions for every violation which comes
to the attention of the commission is thought burdensome beyond its
rewards.
Suspension or Revocation of Operating Permits and Licenses
With reference to highway carriers of all classes the commission has
varying powers to suspend or revoke operating permits and certificates
of convenience and necessity for certain violations.
58 COMMITTEE REPORT ON PUBLIC UTILITIES
Conviction of a misdemeanor under the Public Utilities Code, judg-
ment of penalty provided by the code, nonpayment of fees established
by the commission, the violation of a Public Utilities Commission order
or of the relevant chapters of the Public Utilities Code, or any illegal
operation as a highway carrier, are grounds for the suspension or
revocation of a permit of highway carriers and city carriers (see Sec-
tions 4112 (city carriers) ; 3774 (highway carriers)). The permit of a
household goods carrier may be suspended or revoked for am^ willful
violation of a commission order or any provision of the code regulating
household goods carriers or for any violations of the terms of the oper-
ating permit (see Section 5285). Again, permits of for hire vessel oper-
ators may be suspended or revoked for any violation of the terms of
the permit or for any unlawful operation of a for hire vessel (see Sec-
tion 4537).
Finally, the license of a motor transportation broker may be revoked
if he is found to be "not a fit and proper person" to operate a motor
transportation brokerage or if he violates any provision of the code
or any rules established by the Public Utilities Commission (See sec-
tion 4872).
The commission also has power to suspend the license of a city
carrier or household goods carrier for failure to maintain required
accident liability protection [See Section 3974 (City Carriers) ; 5162
(Household Goods Carriers)].
Although some of the carriers subject to these suspension and revoca-
tion remedies are common carriers and therefore public utilities, the
provision for suspension or revocation of operating permits is limited
to transportation agencies involved in the carriage of goods over the
streets and highways of the state. It is in this area that the so-called
public utilities are most competitive and in which the aggressive elim-
ination of competitors either by natural process or by regulatory bodies
need not necessarily be regarded as a loss to the public. At the same
time, however, such a remedy when invoked by the commission does
tend to penalize the employes and immediate customers of the violator
and, therefore, might not in the specific case be the most desirable of
the remedies which might be made available to the commission. It can
not be suggested, however, that the commission should be left without
power to suspend or revoke the operating permit of repeated violators,
since this remedy is obviously the most effective one for eliminating
from the industry those persons from whom the commission cannot
extract compliance by other means.
Contempf
Generally, the commission has power to issue a cease-and-desist or-
der against any person or corporation operating without a certificate
of public convenience and necessity where such a certificate is required
by law. Electric railroads, street railways, gas, electric, telephone and
telegraph, and water companies are subjected to such a cease-and-desist
order by Section 1006 ; passenger stage corporations by Section 1034 ;
warehousemen by Section 1054 ; highway common carriers and jietro-
leum irregular routes carriers by Section 1071. Persons operating for
hire vehicles without a permit are subject to the commission's cease-
and-desist order under Section 4638, and any public utility failing to
COMMITTEE REPORT ON PUBLIC UTILITIES 59
maintain safety devices prescribed by the commission is subject to a
cease-and-desist order under Section 768. After the cease-and-desist
order has been issued, the commission presumably may thereafter en-
force it by proceedings in contempt.
The California Constitution gives the Public Utilities Commission
power to punish for contempt, "in the same manner and to the same
extent as courts of record (Article 12, Section 22). The Public Utilities
Code provides that "The commission and each commissioner may issue
* * * all necessary process in proceedings for contempt in like manner
and to the same extent as courts of record" (Cal. P. U. Code, Section
312), and that violation of any order of the commisison or of any com-
missioner is "contempt of the commission.", (Cal. P. U. Code, Section
2113).
Enforcement by the commission of its orders by means of contempt
proceedings is also mentioned in Section 3806 (re highway carriers),
4146 (re city carriers), 4880 (re motor transportation brokers), and
Section 5316 (re household goods carriers).
The Code of Civil Procedure provides that "Disobedience of any
laAvful judgment, order, or process of the court" is contempt, (Cal.
C. C. P. Section 1209). Where, as in constructive contempts like failure
to comply with an order, "the contempt is not committed in the imme-
diate view and presence of the court * * * an affidavit shall be pre-
sented to the court of the facts constituting the contempt * * *"
(Cal. C. C. P. Section 1211). A warrant may then be issued (Cal.
C. C. P. Section 1212), providing for bail (Cal. C. C. P. Section 1213),
and the alleged contemiior arrested and either held or released on bail
(Cal. C. C. P. Section 1214).
After hearing (Cal. C. C. P. Section 1217), if found guilty, the con-
temiior may be fined not more than $500 or imprisoned not more than
five days (Cal. C. C. P. Section 1218).
President Fox's testimony indicated that he was under the impres-
sion that the commission could only imprison for contempt. However,
it would appear from the statutory provisions just cited that the com-
mission has the power to fine for contempt at least in those cases where
it has the power to issue a cease-and-desist order.
Other Remedies
In addition to the major modes of enforcement described above,, the
commission has the civil remedies of mandamus or injunction where a
public utility or a household goods carrier is in the opinion of the
commission about to do any act in violation of law or any order of
the commission (see Sections 2102, 2103, 5259, 5260).
Finally, the expedient of private remedies is resorted to in several
areas of the code as a means of indirect enforcement of the regulatory
provisions. For example, the Attorney-General may sue a food ware-
houseman under Section 2572 for any unlawful discount, rebate, etc. ;
Section 2106 subjects public utilities to absolute civil liability for dam-
ages arising out of any act or omission unlawful under the Constitution,
any law of the State, or any order of the Public Utilities Commission ;
and for exemplary damages if such violation is Vv^ilful. Sections 734,
et. seq., provide civil suits to recover reparations of overcharges, dam-
ages for violations of Sections 495, 494 (discrimination and rebates) and
60 COMMITTEE REPORT ON PUBLIC UTILITIES
53 (violation of tariff) ; Section 2573 provides a private action for
injunction against continuation of a violation by a food warehouseman,
with provision for treble the amount of actual damages proven, and a
mandatory injunction if the court finds a violation to exist, even though
the plaintiff suffers no damage.
Section 4602 is unique in that it authorizes the Public Utilities Com-
mission to employ forces in order to enforce the regulation of for-hire
vessels. Agents so employed are given the powers of peace officers to
arrest for violations of the for-hire vessels act.
From the foregoing it appears that there are no really efficient pro-
cedures available to the commission for the enforcement of its orders.
HEARINGS
Most of the evidence received by the Committee dealt with two major
areas: Enforcement of the minimum tariff' structure and enforcement
of the commission safety regulations.
Safefy Regulations
Mr. George W. Ballard, representing the Brotherhood of Railway
Trainmen, appeared to present what he regarded as a continuing and
aggravating problem to his brotherhood. He stated that he was con-
cerned with the practice of adding excess-width ears to trains, which
reduce the clearance between passing trains to 26 inches or less; or
where tw^o excess-width cars pass, he stated, the clearance may be
less than 16 inches.
He stated that the practice of using excess-width cars without proper
notice to railroad employes in violation of commission safety regulations
was widespread, and that in 1955 he had filed a series of informal
complaints and had a number of informal conferences concerning re-
peated violations by the Western Pacific Railroad of this safety regula-
tion. Mr. Ballard stated that over a period of three years since 1955
he had counted 75 separate violations by the Western Pacific alone.
Mr. Ballard stated that he did not have a specific remedy in mind to
recommend to the committee, but that he thought something should be
done in the way of enlarging the commission 's enforcement powers.
The president stated that the commission has examined all of Mr.
Ballard's complaints; that whenever a violation is reported the safety
section investigates the matter and sometimes the railroad will admit
the fact. Mr. Ballard's complaint, he said, involved essentially two kinds
of violations: 1. The failure to place high- wide ears properly in the
train. Commission regulations require that oversize cars be placed some
distance behind their locomotive and some distance in front of the
caboose in order that the head brakeman may look back or forward over
the train from the locomotive or caboose without having his vision
obstructed. 2. Not notifying the crew that high-wide cars are being
entrained. He stated that if violations by Western Pacific and other
railroad 's of the commission 's cease-and-desist order continue, the com-
mission's only remedy under present law will be to turn the matter
over to the district attorney of the county in which the violations occur,
and that even in this case every district attorney has autonomy and
will have discretion to refuse to prosecute.
COMMITTEE REPORT ON PUBLIC UTILITIES 61
The president stated that under present law the commission has no
power to levy monetary fines, and that if the commission could assess
fines, he would be able to avoid using the remedies of suspension which,
while they punish the carrier, also deprive employees of their jobs and
deprive their community of the services of the carrier. This is, of course,
the reason why the commission does not suspend railroads and is the
reason why the commission is dissatisfied with the use of this punish-
ment.
As to safety regulations, it appears that the commission's suggestion
that it be given fining powers is not wholly justified because under
Section 768 the commission does have power to issue cease-and-desist
orders in enforcement of its general safety regulations, and, as dis-
cussed at length above, the commission does have power to punish
violations of its cease-and-desist orders as contempt both by imprison-
ment and by fine.
Tariff Regulations
The question of the most efficient method of enforcement of the tariff
structure is a much more difficult one. Evidence presented by the com-
mission in the hearing and by document as well as informally in inter-
views shows that the most common remedy used by the commission is
one of requiring the trucker who has violated the minimum tariff to
collect the undercharge from the shipper and to review his bills for
other violations which he must then collect. This method has amounted
to an indirect fine against the trucker by reason of the fact that he is
put to considerable expense and often cannot collect the undercharge
from the shipper.
At the same time, however, the remedy of revocation strikes at the
truckers who by the fact that they are able to cut their prices demon-
strate that they are more efficient that a large number of marginal
truckers who go broke. Thus, the effect of this particular sanction is a
tendency to maintain firms of mediocre efficiency — not so efficient as to
be able to cut prices in order to expand and not so inefficient as to be
eliminated without formal action by the commission — whose primary
virtue is that they did not attempt to cut their freight rates. In the
trucking industry, though, the consequences of a suspension are not so
grave as with railroads. One refinement of the suspension as a penal
device of the commission has been to give a long suspension of the
violating trucker's right to provide service for the customer involved
in the violation to be punished. Such a suspension, by virtually forcing
the shipper to take his business to another firm, deprives the violating
trucker of that part of his business without necessarily throwing his
employees out of work.
The president recommended that legislation be enacted empowering
the commission to levy fines, although there are existing statutory fines
for misdemeanors and separate penalties for which the commission may
sue in a civil action. He stated that the commission had not had much
luck in the cases where it has been necessary to go to court. For one
thing, he said, that the courts have frustrated the commission 's attempts
to require the trucker to collect undercharges from the shipper, by
holding that where the shipper has paid the bill as rendered, he cannot
be held liable for further amounts which the commission may later find
62 COMMITTEE REPORT ON PUBLIC UTILITIES
he should have been charged. Again, where the question is one of over-
charge the commission has often found that the statute of limitations
bars the commission from ordering the trucker to refund the over-
charge to the shipper. Finally, the necessity of carrying these cases
into the courts adds immeasurably to the commission's workload.
Basically, this is the philosophy behind the commission's attempts to
require the trucker to collect the undercharge from the shipper, but
since the price of cartage is fundamentally in ordinary contract terms,
courts have held that a shipper who pays a bill as rendered cannot be
subjected to further liabilit5^
Recommendations
This situation could be remedied by a statute declaring contracts of
carriage specifying a price in violation of tariffs prescribed by the com-
mission null and void and declaring a conclusive presumption that the
reasonable value of carriage is the tariff rate. The trucker could then
avoid the shijiper's contractual defense and sue for the undercharge in
qiiasi contract.
In neither of these two areas is the fine the most efficient enforcement
method which might be made available to the commission. It is felt that
the fact-finding and decision-making methods currently'' practiced by the
commission are not sufficiently circumscribed by concepts of judicial
procedure to assure adequate degree of due process to persons who
might be, under such a power, subjected to what are essentially criminal
procedures.
In Chapter 3 of this report, the committee is recommending major
reorganization of the commission and its procedures under which, if
enacted, the procedures of the commission might be sufficiently judicial
to justify granting of the power to impose fines. For the present, let
it be noted that the commission already has power to fine for contempt
in those areas where effective enforcement methods are most needed. It
is suggested that until the commission demonstrates a willingness to use
the fining powers already at hand, its request for further powers should
not be favored.
CHAPTER FIVE
TRUCKING RATES
INTRODUCTION
The minimum taritf structure and its administration by the Public
Utilities Commission is a problem which has long vexed the Legislature.
The committee heard a variety of proposals for changes in the regula-
tion of the trucking industry. The problem as it exists today is the
result of a long history of attempts to ameliorate the problems of this
highly competitive industry.
During the late 1920 's as a result of state and federal Supreme
Court decisions the number of unregulated truck transportation com-
panies began to increase very rapidly. The Public Utilities Commission
commenced an investigation which resulted in a decision recommending
that remedial legislation be sought. Such legislation was rejected by
the 1933 Session of the Legislature. Subsequently a committee repre-
senting various interested groups recommended to the 1935 Legislature
the Highway Carriers' Act, the City Carriers' Act, the Transportation
Rate Fund Act, and certain amendments to the Public Utilities Act.
These measures were passed by the Legislature. These statutes gave the
commission what it considered insufficient control over the entry of
firms into the trucking industry, and in 1938 the commission recom-
mended strengthening of the legislation through a requirement that
applicants establish that their entry would be in the public interest.
Bills along that line were rejected by the Legislature in 1939 and 1941.
After World War II the commission again studied the conditions in
the trucking industry and recommended legislation designed to clarify
the various classifications of carriage by highway. Again the legislation
was defeated.
In 1951 a Senate interim committee chaired by Senator James
Cunningham studied the trucking industry and proposed remedial leg-
islation which was again defeated. In 1953 the same session of the
Legislature requested the commission to re-examine the entire trans-
portation industry in California and to adopt ameliorative policies.
Pursuant to this resolution the Public Utilities Commission required
many carriers operating under permits to apply for certificates of
j)ublic convenience and necessity upon the theory that such carriers
were involved in common carriage.
The situation at present in California has developed substantially
without legislative interference since 1935 into one in which somewhat
in excess of 14,000 firms are engaged in carriage of goods under permits
and in which a relatively few carriers hold certificates of convenience
and necessity. The high degree of competition brought about by the
large number of permitted carriers has necessitated tremendous efforts
by the commission to keep the competing firms from driving themselves
and each other out of business in disastrous rate wars.
(63)
64 COMMITTEE REPORT ON PUBLIC UTILITIES
As a result of the loug-stauding maintenance by the commisison of
a minimum tariff structure dissatisfaction among shippers has devel-
oped, with the shippers insisting that the minimum rates aggravate the
situation by encouraging ever less efficient firms to enter the industry.
Hearings
Mr. Ralph B. Harlan of the California Manufacturers Association
appeared to present his association's proposals for legislative revision
of the Public Utilities Commission's administration of the minimum
tariff in the trucking industry. He stated that the committee of the
California Manufacturers Association which he represented consisted
of over 100 of the traffic managers of industry. Mr. Harlan stated that
under Section 726 of the Public Utilities Act the commission regularly
establish minimum rates under a system which he thought was at vari-
ance with the legislative intent of Section 726. The commission had
refused to determine separately the lowest rate for each type or class
and then chose the lowest of the minimum rates so determined as the
lowest rate applicable to all classes of carriers. The commission in its
Decision No. 48189 had split three to two upon this question deciding
that consideration of all classes simultaneously led to a result consistent
with Section 726. The Supreme Court, again in a split decision, had
upheld the majority of the commission, and Mr. Harlan on behalf of
the California Manufacturers Association suggested that legislation
should be enacted to clarify Section 726 in order to make the commis-
sion and Supreme Court precedents inapplicable.
Mr. Harlan stated that the current system of rate regulation reflects
a philosophy of "protectionism" by requiring more efficient carriers
to hold up their prices in order to protect the less efficient carriers.
More generally, Mr. Harlan objected to the general procedure in Case
5432, which he said is a continuing case under which the commission
"has on numerous occasions, and is continuing, to investigate certain
rates such as the revision of rates and rules and regulations on canned
goods, dried fruit, dry sugar, butter, cheese, margarine, grain, grain
products, soap, lard, and related articles, petroleum and petroleum
products." Mr. Harlan stated that none of these subjects that the com-
mission staff' has investigated have been requested or desired by either
industry or carrier; but this continued investigation by the staff is
voluntary on the part of the commission. "We questioned the wisdom
of the commission being the judge and its staff* the jury and prose-
cutor." Mr. Harlan said that under the continued supervision of the
commission, rates based on the cost-plus formula have been continually
rising and have undermined incentive for the carriers to control either
their basic cost or to eliminate their inefficiencies. He pointed out
examples of hauls over which the intrastate rates are so much higher
than interstate rates that it becomes cheaper to ship goods out of the
State and then back into the State, than to ship directly intrastate.
Mr. Harlan pointed out that because of the high minimum rates and
the attendant incentive to cut rates, shippers often find themselves
being penalized or sued by carriers at the direction of the Public Utili-
ties Commission for acts done in good faith but which upon close
scrutiny have been found to be in violation of enormously complicated,
technical rules of the minimum rate tariffs, and that often after the
COMMITTEE REPORT ON PUBIjIC UTILITIES 65
matter has been closed as far as the carrier and shipper are concerned
a staff member will show up to investigate the records of the carrier
and find a trivial violation which will cause both the carrier and
shipper considerable trouble. Another problem of shippers arising out
of the continuing administration of minimum rates by the commission,
he pointed out, was the continuing burden of appearing frequently in
cases initiated by the commission staff over minor changes in com-
modity rates. He stated that his associates do not wish entirely to
abolish minimum rates but feel that legislation should be enacted to
make it clear to the commission that its power to establish rates is
discretionary rather than mandatory. Under the proposals of the Cali-
fornia Manufacturers Association, he stated, carriers would be able to
establish and publish their own tariff rates subject to revision by the
commission upon the complaint of an interested party.
Mr. Harlan stated that if the power of the commission to regulate
minimum rates were discretionary rather than mandatory, many of the
investigations now held would be unnecessary legally, as they are
practically unnecessary at the present time. He stated that although
they undoubtedly accomplish their immediate aim, the investigations
accomplish nothing ; in fact, they typically lead to a very minor change
in the rate as to a specific commodit}^ ; and that the continuing investi-
gation by the commission results in more activity in the Public Utility
Commission than is carried on in the Interstate Commerce Commission.
Other witnesses representing California shippers appeared before
the committee to supplement and generally support Mr. Harlan's testi-
mony.
The California Trucking Associations cautioned the committee as to
the possible effects of the proposals presented by the California Manu-
facturers Association. Mr. Arlo D. Poe, General Counsel of the Cali-
fornia Trucking Associations, traced the history of regulation of the
trucking history in California, discussed the distinction between certifi-
cated and permitted carriers, and pinpointed what he sees as the central
problem confronting the industry:
"* * * No minimum rate structure could be devised by men
precisely to the extent that every shipment, every circumstance
for every distance, would produce the same ratio of profit.
"Therefore, there is inherently some traffic that has a little bit
more profit in it, relatively speaking, than another, and the per-
mitted carrier can take the cream, as it were, and leave to the
highway common carrier who has the obligation to serve the public,
that business which has the lesser profit in it or none at all.
"Now, that perhaps is the essence of the difficulty that results
from attempting to regulate transportation by minimum rates,
only aggravated by this distinction between the classes of carriers,
one required to serve the public at precise rates and the other
class — and much the larger in number — being free to take or leave
the traffic as he sees fit and under no obligation, except to charge
not less than the minimum rates."
66 COMMITTEE REPORT ON PUBLIC UTILITIES
Mr. Poe suggested as a solution to the problem tighter control over
entry into the field :
"The most effective type of rate regulation that has been found
in this Country, and found to be most satisfactory, is that which
is found in the interstate system where, with control over the
carriers' right to enter business and the effective control of all
their activities, they stabilize themselves and, to all intents and
purposes, determine their own rates and regulate their own rates,
regulate each other, you might say, and that the enforcement
program of the Interstate Commerce Commission is infinitely less
than under a minimum rate order like we have here.
"For instance, the number of carriers in the whole interstate
system — and that embraces very short line companies when you
are thinking about the East in the smaller states — in that whole
system, I think the Interstate Commerce Commission has outstand-
ing less than 3.000 contract permits."
Such a tightening would have the effect of creating a regulated
monopoly — would bring the trucking industry into a true utility status.
As to the California Manufacturers Association's proposals :
"* * * I would believe it advisable not to take away the com-
mission's minimum rate fixing power immediately until it had
been shown that the industry could stabilize itself through the
publication of its own rates with the commission virtually acting
as an umpire and exercising its minimum rate powers only to the
extent of preventing disaster or catastrophical reductions and rate
cuttings.
"I think that would be an experiment well worth undertaking,
but I believe you have to have the control over the rate — I mean,
the requirement of filing rates would have to come first and then
see whether it couldn't result in the relaxing of the minimum rate
program.
"I believe that there is a possibility of doing something along
that line, but it is dangerous to experiment with things of this kind,
"You can do a lot of damage if a radical change is made over-
night without some assurance that people are going to be pro-
tected— I mean, shippers and carriers alike, but I do think that
there is a possibility of that move."
The President of the Public Utilities Commission stated that without
either a system of minimum rates or filed tariffs, the result in the
industry would probably be discrimination by truckers among different
shippers, putting some shippers at a relative disadvantage because of
the higher transportation costs. Minimum rate regulation "is a protec-
tion to the shipper as well as to the trucking industry which is the
basic reason behind the minimum rates structure and the enforcement
program of the commission."
The president stated his opinion that the primary problem in the
industry was one of "ease of entry" into the industry. President Fox
stated that any minimum rate established might be high enough to
provide a "fat profit" for one while another might be unable to break
COMMITTEE REPORT ON PUBLIC UTILITIES 67
even at the same rate. This is because of the great variation in the
efficiency of different firms in the industry, and he stated that altliough
economically the best solution might be to make a monopoly of the
trucking industry, this would take years of Aveeding out the less efficient
and at the same time of subjecting tlu> commission to the criticism that
it is favoring big business against small.
The president stated that he did not know whether it was practical
at this time to abolish minimum rates but that if there were no mini-
mum rates, it would be natural and justifiable for shippers to shop
around for the loAvest available rate and that the truckers or some of
them in order to get the business would be willing to cut their rates
below a reasonable cost. Moreover, he stated that he did not think
abolishing minimum rates would accomplish any long-run solution to
the problem in view of what he had previously said was the nature
of the problem; i.e., ease of entry into the industry. This was true,
the president stated, because although the first effect of abolition would
be a large reduction in rates, the process of weeding out the carriers
who could not survive at lower rates would be a long one and might
involve destruction of some efficient carriers as well. This aggressive
method of reducing the number of firms in the industry would be a
long-drawn-out process of establishing a monopoly in the industry, but
once the monopoly was established and raised its rates to a monopoly
level, the small truckers who had been driven out by lower rates would
again be attracted back into the industry.
"Now I don't see how you could do away with minimum rates and
maintain a healthy trucking industry unless carriers were granted an
out-and-out monopoly in certain territories or between certain points
for their commodities. Otherwise, those that were well-financed and
strong would soon run the other fellow out of business, but they might
go broke in the process.
"As soon as the larger carrier brought the rates up so that they
can be compensator^^ for him, these little operators would come in
and the process would start all over again, I think."
CONCLUSIONS
The committee has not been persuaded that the effect of the proposals
of the Manufacturers Association can be predicted Avith any certainty.
Indeed, representatives of the association were unable to satisfy mem-
bers of the committee as to whether their proposals would or would not
leave the commission with any power whatsoever to enforce minimum
rate structures at any level.
While the committee agrees that the present administration of mini-
mum rate tariff's is probably caught in a vicious circle of ever-increasing
minimum rates as each successive increase encourages less efficient
firms, the committee has grave fears as to what might be the result if
trucking firms were free to reduce their rates almost at will.
Although the cjuestion needs further study, it appears likely that
both the demand and the supply in the trucking industry are inelastic
so that the depressive eff'ect upon rates of even a small oversupply is
greatly exaggerated — perhaps to the point where the rate which would
prevail in an unregulated market would not support even the most
efficient firms.
68 COMMITTEE PIEPORT ON PUBLIC UTILITIES
At the present time, of course, the "natural" or "equilibrium"
rates do no obtain. The Public Utilities Commission's minimum rate
structure prescribes rates, substantially above what truckers would
charge if they were free to cut their prices. This artificial floor under
trucking rates, itself, aggravates the problem it is prescribed to cure,
for with rates held up artificially, more truckers are encouraged to
bring more trucks into competition for the available business, with
the result that the supply is further increased by the addition of ca-
pacity which is profitable only at the high-supported rates.
The most direct way to eliminate the excess capacity would be to
eliminate the minimum rates. The rate would rapidly be driven to its
low natural level by competition among the truckers. This, however,
would harm efficient truckers almost as much as inefficient ones, at
least in the short run, for the "natural" rate is one applicable to an
industry bigger than is needed, and until attrition of competition re-
duced the size of the industry, rates would be lower than the equilib-
rium level for an industry of the proper size : until some perished, all
would suffer.
It has been estimated for the committee that the excess capacity of
the trucking industry is quite large and that if there were as few as
two-thirds as many trucks in the State as there now are, the industry
would still be able to handle the peak loads during the harvest season.
The problem of attempting to eliminate the less efficient truckers
through the device of rate competition is one of carrying the process
far enough but not too far. The best statistics available to the com-
mittee indicate that only 20 percent of the commercial truck registra-
tions in the State are for trucks more than 10 years old. Thus, any
competitive method of attempting to reduce the number of trucks
operating in the State would have to slice very thin indeed in order
to distinguish between the two-thirds of the existing trucks which are
most efficient and the one-third which are less efficient.
The whole problem of the economic condition of the trucking indus-
try is immensely complicated by the existence of a byproduct in the
form of back hauls. The trucker might be willing to take a load from
San Francisco to Los Angeles, for example, for the cost of the round
trip since he would have no guarantee of securing a load on the way
back. Once he has arrived in Los Angeles, hoAvever, he has to come back
anyway so that the price he might be willing to charge on the back-
haul— from Los Angeles to San Francisco — would be much smaller
than the price he charged for the original haul. The implications of
this situation should be obvious when it is considered that there are
truckers with their home bases in both cities. The trucker based in
Los Angeles would face competition from backhaul prices oft'ered by
truckers based in San Francisco and vice versa ; and it might turn out
that the equilibrium price in the short run would not be sufficient to
cover the costs of even the most efficient trucker.
The committee is persuaded that the proposals for elimination or
modification of the minimum tariff structure are formulated without
sufficient attention to the possible consequences implicit in the economic
condition of the trucking industry.
COMMITTEE REPORT ON PUBLIC UTILITIES 69
RECOMMENDATIONS
While the committee agrees that something must be clone to improve
the situation in the trucking industry, it is co)ivinced that the problem
needs much more careful study than has apparently been devoted to
the proposals offered by the Manufacturers Association. Therefore, the
committee recommends that an interim committee study the industry
and present a proposal to the next session of the Legislature.
CHAPTER SIX
FREEWAY BUS STOPS
HEARINGS
On the question whether legislation is needed to provide bus stops
and parking spaces along freeway routes, ^Ir. James Gibson, Principal
Transportation Engineer for the Public Utilities Commission appeared.
Mr. Gibson stated that the law had been changed in 1955 to provide
that the highway department could plan and construct bus turnouts
along freeways in metropolitan areas, but that the omission of rural
areas from this change in the law had created a problem for small
communities, since the division highways had interpreted the law as
forbidding them to construct bus turnouts in rural areas, as distin-
guished from urban areas. Mr. Gibson stated as to the question of
parking facilities that "after the new freeway was completed and the
buses began to use the bus stops a number of passengers who normally
used the bus have disappeared ; they have gone elsewhere, and we feel
that part of that is due to the fact that there is no place aroiuid the
stops where they can stop and park; whereas, formerly, they were able
to park right near the stop and take the bus to the city ; so we felt there
might be some change in the law, which today prohibits any use of these
bus stops including parking areas. I might mention that our interest
in this thing is : that we feel that people who do ride the buses are mak-
ing a very important contribution to relieving the traffic congestion by
leaving their cars at home and treveling by bus into the major cities
and, thereby, relieving some of the demand on the freeways."
Mr. Gibson said he felt that the matter of parking facilities near bus
stops was a i^urely urban and suburban one and that parking facilities
would not be necessary near rural bus stops if such bus stops were pro-
vided along the freeways.
Mr. Gibson stated that as far as he kncAV the highway division's inter-
pretation of the law was their own and that no formal opinion from the
Attorney General had been requested. As to the parking facilities the
land requirement might be expensive in the urban areas, and Mr. Gib-
son stated that ''every one of these expenditures have to be tested
against the over-all benefits to be derived * * * as against the cost ; and
that is true today luuler the present construction. These test, and prop-
erly so, the cost of the proposed bus stop against the number of people
who will use it and the benefits to be derived.'"
Gerald H. Trautman appeared to represent the Greyhound Corpora-
tion and support Mr. Gibson's recommendation that the law be changed
to permit bus stops on freeways in rural areas. He stated that both
Greyhound Corporation and the Public Utilities Commission had been
of the opinion even prior to the 1955 legislation that such bus stops
could be built as part of the freeway program but that the Department
of Public "Works still held its original interpretation of the law and
was not satisfied that the 1955 legislation authorized any bus stops
( TO )
COMMITTEE REPORT ON rUHLK^ IITII-ITIES 71
outside of urban and suburban areas. Mv. Trautmau pointed out that
under the plans of the Department of Publie Works there would be
12,000 miles of freeway in California by 1980 as compared with about
1,300 miles at this time and that this expansion of the freeway system,
if not aeeompanied by eoustruetiou of bus stops aU)ng freeways, would
enorinously coinjilit'ate the ])roblems ol" eonnuon carriers of ])as.sen«j:ers.
He stated that the problem is one of urjjfeney because the eommon car-
riers are obligated and may be compelled by the connnission to continue
tlieir service to towns whicli are bypassed by any frecAvays, and that
when this is done, it becomes necessary to take detours off the freeways
into these towns and return to the freeway; and that, over a freeway
of some length, a tive-minule delay at each of several towns could add
up to considerable loss of time to the carriers' passengers.
]\lr. Trautmau also pointed out that in one example — Highway 40 — -
90 percent of the cost of bus stops along the freeway could have been
paid from federal highway funds and that it is many times more
expensive to go back and build bus stops after the freeway has been
completed and bus stops are found necessary than it would be to include
such bus stops in the original frecAvay planning.
j\lr. Hanson, representing the San Diego Transit System, slated that
he thought the cost of such stops should be paid out of highway funds
rather than through an increase in transit fares since in many cases
the cost of necessary bus turn-outs would be so high that the necessary
increase in transit rates would adversely affect the revenues of the
transit systems by driving their customers to other means of trans-
portation.
Mr. Hanson staled that his company fi>lt that one of the problems
as to urban areas was a lack of conuuunication between the carriers
and the Division of Highways and suggested that the Division of IHgh-
ways be required to notify the Public Utilities Commission and the in-
terested passenger carriers of proposed freeways while the plans are
still under consideration so that the carrier's interests may be repre-
sented in the })lanning oL' the bus stops.
RECOMMENDATIONS
"With the ever-increasing numbers of towns and suburbs being by-
passed as the freeway system develops, the problems of keeping the
common passenger carriers convenient to the public is certain to be
aggravated. JMr. Gibson's testimony shows evidence of a problem al-
ready developing of abandonment by many users of the buses for other
means of transportation. The committee concluded that this problem, if
permitted to develop without remedial action, could seriously affect the
revenues of the passenger carriers and ultinuitely, therefore, the rates
whicli travelers must pay.
Accordingly, the i-ommittee rcconnnends that legislation be enacted
empowering the Highway Division to construct bus turnouts along
freeways in rural areas as well as in urban and suburban areas; and
that the department be empowei-ed to const inct parking facilities in
connection with such bus sto])s in ui-han and suburban areas.
CONTENTS
Page
LETTER OF TRANSMITTAL 5
AUTHORITY AND PURPOSE 6
ACTIVITIES OF THE COMMITTEE 9
HEARING REPORTS 11
Financiug for State Waterways Program 11
Safety Measures and Regulations as They Affect Boating 12
State Participation in Federal Programs of Waterways Control 14
Contamination and Pollution of Harbors 14
SURVEYS 15
1957 Survey— Boating Fuel 15
1958 Survey — Boating Fuel 16
Boat Berthing Data 17
California Registered Boats IS
California Boat Population 19
U. S. C. G. Motor Boat Registrations in California, 1944-1958 20
California's Boat Population by Counties 21
California's Population 22
SUMMARY AND RECOMMENDATIONS 25
APPENDIX 27
(8)
2— L-4467
LETTER OF TRANSMITTAL
Senate Chamber, State Capitol
Sacramento
Honorable Glenn M. Anderson
President of the Seriate, and
Gentlemen of the Senate
Senate Chamber, Sacramento
Mr. President and Gentlemen of the Senate :
Pursuant to Senate Resolution No. 168, which appears on pages 5134
and 5135 of the Senate Journal for June 12, 1957, the Senate Interim
Committee on Small Boat Harbors was created and the following Mem-
bers of the Senate were appointed to said committee by the Senate
Committee on Rules :
Senator John J. Hollister, Jr.
Senator James E. Busch
Senator Donald L. Grunsky
Senator Fred H. Kraft
Senator Robert I. McCarthy
The committee herewith submits a progress report of its findings to
date.
Respectfully submitted,
John J. Hollister, Jr., Chairman
James E. Buscpi
Donald L. Grunsky
Fred H. Kraft
Robert I. McCarthy
(5)
AUTHORITY AND PURPOSE
The Senate Interim Committee on Small Boat Harbors was created
by Senate Resolution No. 168, whieh is recorded on pages 5134 and 5135
of the Senate Journal dated June 12, 1957, Regular Session of the Cali-
fornia Legislature. This progress report is made pursuant to Section
5(d) of the resolution.
The purpose of this report is to summarize the activities and the
findings of the committee to date and to evaluate the scope of the work
that remains to be done in order to successfully carry out the directives
set forth in Senate Resolution No. 168.
(6)
SENATE RESOLUTION NO. 168, AS AMENDED
Relative to the creation of the Senate Interim Committee on Small
Boat Harbors, Marine and Inland Waters
1. The Committee on Small Boat Harbors and Marine Recreation is
hereby created and authorized and directed to ascertain, study, and
analyze all facts relating to or in any manner affecting the marine
affairs and bays and harbors of the State including, but not restricted
to, the establishment of a waterways system on the inland waters of the
state tributary to the Pacific Ocean, the establishment of harbors of
refuge along the California coast for the safety and use of fishing boats
and other small craft. The said committee is further directed to study
ways and means of securing funds for the accomplishment of the pur-
poses herein set foi^th, and to investigate any and all other matters
incidental, or pertaining to bays and harbors and marine affairs, in all
their phases including, but not limited to, all matters pertaining to
small boat harbor development, navigational facilities such as moorings,
anchorage areas for small craft, fishing boats, and including, but not
limited to, the operation, effect, administration, enforcement, and any
needed revision of any and all laws bearing upon and relating to the
subject of this resolution, and to report thereon to the Senate, including
in the report its recommendations for appropriate legislation, and to
confer with the United States Army, the Navy, the Coast Guard, and
local harbor authorities of the various cities and counties and chambers
of commerce, yachting organizations and other public or private bodies,
in order to effect a waterways system in aid of navigation and the es-
tablishment, improvement and development of all necessary facilities
to accommodate commercial fishing or recreational pursuit by operators
of small craft on the inland waters or along the California coast, its
bays and inlets of the Pacific Ocean and also to confer with competent
professional technicians on the engineering and economic factors in-
volved in the various plans which may be proposed with respect to
marine recreational affairs and bay and small boat harbor development
in this State.
2. The committee shall consist of five Members of the Senate, ap-
pointed by the Committee on Rules thereof. Vacancies occurring in the
membership of the committee shall be filled by the appointing power.
3. The committee is authorized to act during this session of the Legis-
lature, including any recess, and after final adjournment until the com-
mencement of the 1959 Regular Session with authority to file its final
report not later than the thirtieth legislative day after the convening
of that session.
4. The committee and its members shall have and exercise all of the
rights, duties and powers conferred upon investigating committees and
their members by the provisions of the Standing Rules of the Senate
as they are adopted and amended from time to time at this session,
which provisions are incorporated herein and made applicable to this
committee and its members.
(7)
8 COMMITTEE REPORT ON SMALL BOAT HARBORS
5. The committee has the following additional poAvers and duties :
(a) To select a chairman and vice chairman from its membership,
and to employ such assistants as it deems necessary.
(b) To contract with such other agencies, public or private, as it
deems necessary for the rendition and affording of such services, facili-
ties, studies and reports to the committee as will best assist it to carry
out the purposes for which it is created.
(c) To co-operate with and secure the co-operation of county, city,
city and county, and other local law enforcement agencies in investi-
gating any matter within the scope of this resolution and to direct the
sheriff of any county to serve subpoenas, orders and other process issued
by the committee.
(d) To report its findings and recommendations to the Legislature
and to the people from time to time and at any time, not later than
herein provided.
(e) To travel, or to appoint a subcommittee, and an advisory com-
mittee to travel, within or outside of this State and the United States
in pursuing the investigation committed to it.
(f ) To do any and all other things necessary or convenient to enable
it fully and adequately to exercise its powers, perform its duties, and
accomplish the objects and purposes of this resolution.
6. The sum of ten thousand dollars ($10,000) or so much thereof as
may be necessary is hereby made available from the Contingent Fund
of the Senate for the expenses of the committee and its members and for
any charges, expenses or claims it may incur under this resolution, to
be paid from said contingent fund, and disbursed, after certification by
the chairman of the committee, upon warrants drawn by the State Con-
troller upon the State Treasurer.
Kesolution read, as amended.
The roll was called, and the resolution adopted by the following vote :
Ayes — Senators Abshire, Arnold, Beard, Berry, Breed, Brown, Burns, Biisch,
Byrne, Christensen, Cobey, Collier, Coombs, Cunningham, Desmond, Dihvorth,
Dolwig, Donnelly, Dorsey, Erhart, Farr, Gibson, Grunsky, Hollister, Ed. C. Johnson,
Harold T. Johnson, Kraft, McBride, John F. McCarthy, Robert I. McCarthy.
Miller, Montgomery, Murdy, Regan, Richards, Short, Sutton, Teale, Thompson, and
AVilliams^40.
Noes — None.
COMMITTEE REPORT ON SMALL BOAT HARBORS
ACTIVITIES OF THE COMMITTEE
All of the committee liearin<is to date have been conducted in a very
informal manner. The reason for this being that such a procedure is
more conducive to obtaining the actual opinions of the boating people
with respect to the problems existing in the boating field. Also, it helps
to bring out the individual feelings of the people with regards to the
type of legislation which they honestly believe would be of benefit to
the people of the State as related to the many phases of the state boat-
ing program.
Some of the subjects discussed at these hearings were : ways and means
to secure boat fuel taxes for use in developing the waterways of the
State — both inland and coastal ; educational programs by boat chibs,
boat dealers and boat manufacturers ; licensing of boat o])erators ; issu-
ance of certificates of seaworthiness for small craft ; supervision of boat
rental operators with regard to the types of boats rented and equipment
and facilities involved ; state participation in federal programs of water-
ways control ; liability insurance and accident reporting for boats ; en-
forcement of law regarding contamination and pollution of harbors ;
boat tax inequalities ; uniform State Boating Law.
Audience participation at these hearings was encouraged with the
result that a majority of those in attendance at each of the hearings
took part in the discussion. An example of the great interest of the
people in the future of boating has been proven by the unusually large
attendance at the public hearings which the committee has conducted
throughout the State. Advance notices of each public hearing were dis-
tributed and a register of all those in attendance was kept for each
meeting.
The following public hearings have been held since June, 1957:
San Francisco Hearing — September 25, 1957
Attendance — 74 ;
Hoberg's — Lake County Hearing — October 17, 1957
Attendance — 69 ;
Hermosa Beach Hearing^ — December 2, 1957
Attendance — 76 ;
Santa Cruz Hearing — June 13, 1958
Attendance — 50 ;
Fresno Hearing — July 8, 1958
Attendance — 42 ;
Eureka Hearing — July 14, 1958
Attendance — 40 ;
Lee Vining Hearing — September 4, 1958
Attendance — 38 ;
Catalina Hearing — September 11, 1958
Attendance — 70 ;
Santa Kosa Hearing — October 30, 1958
Attendance— 40 ;
Stockton Hearing — November 6, 1958
Attendance — 63 ;
10 COMMITTEE REPORT ON SMALL BOAT HARBORS
Los Angeles Hearing — Dei-ember 2, 195S
Attendauee — SI ;
Saoramento Hearing — February 5. 1959
Attendance — S4.
In addition to the hearings held by the committee, a committee staff
representative or a member of the committee has also attended a num-
ber of the meetings held by tho Small Craft Harbor Commission as
well as attending meetings held by other committees of the Legislature
which pertaineil to small craft harbi»rs or the improvement and develop-
ment of the waterways of the State. Meetings of the various boating
organizations of the State were attended either by a committee mem-
ber or a staff representative of the i-ommittee to enable the committee
to obtain a more realistic picture of the needs of the boating people and
the potential areas under consideration for construction of needed har-
Ijors or improved boating facilities.
The Division of Small Craft Harboi-s of the Department of Natural
Resources and the Small Craft Harbor Commission have be^n most co-
operative and helpful to the committee members and staff during this
period of research. The Chief of the Division of Small Craft Harbors
has been a guest on the panel of the committee at all of the public hear-
ings and has taken an active part in the discussions. One or more of
the Small Craft Harbor Commissioners have also made a special effort
to appear on the panel at a majority of the hearings. This is of special
import inasmuch as the facts obtained by the committee during their
period of study, and the legislation supported by the committee are of
vital importance to the successful accomplishment of the purposes for
which the Division of Small Craft Harboi-s and the Small Craft Harbor
Commission were created. The committee also has benefited from the
data supplied to the Divi.sion of Small Craft Harbors and the Small
Craft Harbor Commission by the cities, counties and districts throush-
out the State. The Division of Small Craft Harbors has worked with
the committee on the various surveys and a.ssisted the staff of the com-
mittee in compiling the statistics submitted in this report.
COMMITTEE REl'ORT ON SMALI. ROAT HARRORS 11
HEARING REPORTS
It is llu" intent of this rcjxjrt to present a brief snninial ion, to (lal<',
of the facts and opinions jrathored by the eonunittee from the public
hearino;s Avhieh liave been eoiidneted thi-outiliout the State in the pa.st
jear and one-half.
FINANCING FOR STATE WATERWAYS PROGRAM
At each of the public hearings it was generally noted by the com-
mittee members that there existed in the minds of the boating people
a great amount of confusion on this subject. At each meeting it was
explained that the 6-cent-a-gallon tax which the bt)at owner pays on
gasoline purchased was refundable, if applied for, but that the un-
claimed boat fuel taxes were deposited in the Motor Vehicle Fuel
Revolving Fund to be used by the State for highways. The majoritj'
of the witnesse*s present at these hearings were agreeable to the pro-
posed plan of setting up a revolving fund for small boat harbors from
the unclaimed boat fuel taxes providing this money was used exclu-
sively for the development of small boat harbors and waterways and
the promoting of better boating facilities throughout the State of Cali-
fornia. The boating people whom the committee has met with or con-
tacted in the past year and one-half have commended the Division of
Small Craft Harbors and the Small Craft Harbor Commission on their
recognized etforts toward the planning of much-needed small boat
harbors and boating facilities in California. The boating people have
expressed the desire that the division and the commission continue to
be the authority for the expenditure of public funds in behalf of the
waterways development program.
BOAT GASOLINE AND FUEL TAXES
During the Budget Session of the California Legislature in 1958, a
sum of $750,000 was transferred to the Small Craft Harbors Revolving
Fund from the Motor Vehicle Fuel Revolving Fund for the improve-
ment and development of the waterways of the State. This amount is
roughly one-fourth of the money that is believed to be paid out in fuel
taxes by the boating people each year. However, due to the lack of
time and a small staff for the operation of this committee, it has not
been possible to obtain all the necessary facts to stipidate the exact
amount that is being deposited in this fund yearly. A compilation of
the facts on this subject which have been obtained from the surveys
conducted to date by this connnittee are contained in this report.
The need for a better system of recording the jjurchase of boating
fuel, particularly from gasoline stations ashore, was another point
which was discussed quite extensively by the witnesses at these hear-
ings. Better identification of the small purchase, and a more simple
method of recording these ]uirchases should be promulgated. Tt was
suggested that perhaps this resi)onsibility shouhl be vested in the
gasoline station attendant who disperses the gasoline. Also, that some
uniform type of form, such as boat credit cards, could be supplied to
12 COMMITTEE REPORT OX SJIALL BOAT HARBORS
the gasoline stations thron<>hont the State for this purpose. This would
simplify the procedure and eneonrage the co-operation of all concerned.
No action has been taken in this regard, however.
Further study will be necessary on this jihase (if the program.
PERSONAL PROPERTY TAXES
Another subject of much discussion at the committee hearings was
personal property taxes on boats. There seems to be a feeling of dis-
satisfaction with the present system for assessment of property taxes
on boats. These taxes are presently collected by the county and de-
posited in a general fund. It has been suggested that at least a part
of this monej^ be converted into a special small craft harbor develop-
ment fund — either on a state or a local level — to provide facilities to
maximize the use of the waterways.
The committee members feel that this subject is one wliich should be
left entirely in the hands of the cities and counties. There appears to
be a great variance among the counties as to the methods and evalua-
tion of boat taxes.
SAFETY MEASURES AND REGULATIONS AS THEY AFFECT BOATING
With the tremendous increase in boat owners and boating enthusi-
asts in not onh" the State but the Nation as a whole, there has arisen
the necessitj" and demand for a more carefully defined law pertaining
to the safety measures and regulations in recreational boating. The
following issues have been discussed with the boating people during
this period of research.
Uniform State Boating Law
The general consensus of opinion appears to be that California
should have a uniform state boat law similar to the Federal Boating
Act (more commonly known as the Bonner Bill) which was signed by
President Eisenhower in 1958. This act applies to undocumented vessels
propelled by machinery of more than 10 horsepower using the navi-
gable waters and, therefore, excludes approximately one-half of the
Nation's pleasure craft. The majority of the people feel that there
should be a statewide uniform law with local enforcement and state
control and apply it to all boats regardless of the hor.sepower. How-
ever, further study on this matter has deemed it advisable to apply
this law to all boats with the exception of undocumented vessels pro-
pelled solely by oars, paddles or electric motors.
COMMITTEE REPORT ON SMALL BOAT HARBORS 13
The IT. S. Coast Guard is recognized by the boating people as a very
necessary organization I'oi- l)oating. Tt was re-emphasized each time the
subject was discussed, however, that the Coast Guard did not have
ade(iuate personnel, nor the necessary equipment to carry out the
responsibility of proper enforcement of the rules and regulations. Their
authority applies only to the United States navigable waters of the State
which means that many of our state waters are not covered by their
regulation and control. This establishes the need for a uniform state
boating act, particularly for the state waters. The State has concurrent
jurisdiction with the Federal Government on all navigable waters of
the State.
The testimony of the people at the various hearings indicated that
they were in agreement with the fact that it would be absolutely essen-
tial to set up a proper enforcement of any state law before such regula-
tion will be successful.
In view of the fact that the Assembly Subcommittee on Small Boat
Harbors and Waterways Development have reviewed this subject quite
thoroughly during the past year and one-half and is introducing legis-
lation thereon, it is believed by the committee members that further
comments regarding this subject are not in order for purposes of this
report.
Licensing of Boat Operator
Licensing of the boat operator has been another item which has
received many varied opinions. Some are of the opinion that boat
owners should be licensed while others feel that despite the growth of
boating in the State and in the Nation, this sport enjoys an excellent
safety record and, therefore, there is not a need for the licensing of
boat operators.
The committee feels that this item is worthy of being studied very
carefully before legislative action is taken. The committee is not recom-
mending any legislation at the present time relative to licensing of the
boat operator.
Program of Educaiion
It has been the unanimous opinion of all who testify'- at the hearings
that education is the best answer to safety in boating, and that the
State should take the lead in a program to educate the boat owners.
However, most people recognize that there will be a necessity for some
regulations in addition to education if the proper safety is to be
achieved. Many of the people expressed their admiration for the work
being carried on in educational efforts by the U. S. Coast Guard, the
Coast Guard Auxiliary, the U. S. Power Squadron and the various
boating organizations of the State.
At several of the hearings, boat dealers and manufacturers were
present and testified that they are presently trying to educate the
buyers of boats. This is particularly true as regards the people who
have never before owned or operated a boat. Proper operation and
safety rules should be brought to their attention. A few of the dealers
are also issuing pamphlets and booklets which they distribute at boat-
ing shows to further educate the people.
14 COMMITTEE REPORT ON SMALL BOAT HARBORS
Certificates of Seaworthiness
Issuance of certificates of seaworthiness for small craft has been
discussed and the opinion seems to be divided. Some believe that the
State should not attempt to supervise seaworthiness of small craft due
to the varying factors such as geographical location, weather, design,
equipment", et cetera. Statistics appear to bear out these objections.
Others believe that the issuing of certificates of seaworthiness is
essential because of the great number of unseaworthy craft which are
going to sea at present.
It was generally concluded, at each hearing, that this subject should
be studied further before any conclusions were drawn.
STATE PARTICIPATION IN FEDERAL PROGRAMS
OF WATERWAYS CONTROL
The majority agreed that the State should be active in this field of
endeavor, but that all agencies should be encouraged to participate.
However, it was agreed by most witnesses that the State should take the
lead in co-ordinating this effort for other various agencies in accordance
with the small craft harbor law.
It was evidenced that there is a great need for the State to move as
fast as possible toward creating refuge harbors at approximately 50-
mile, or even 30-mile intervals, along the coastline of California.
There is a great amount to be accomplished in this field and it is
believed that programs can be evolved to further enable the Federal
Government to financially and otherwise assist the State in solving the
problems of waterways control and boating facilities construction.
CONTAMINATION AND POLLUTION OF HARBORS
A great amount of the harbor pollution stems from the sewage dis-
posal system in the more rural districts. The rural districts use water-
ways which connect with the larger metropolitan waterways. Establish-
ing a combination of treatment and dilution that will be operated
consistently in such a way that it will not harm the subsequent uses
seems to be the problem with which all of the affected areas are faced.
Also, it is evident that the present law does not have strict enough
provisions and lacks enforcement qualities.
The reason for the difficulty in many places is due to the fact that
California has grown so rapidly that the system of financing and im-
provement has not kept up with the community. If plants designed for
operation of treatment work were to be operated consistently and
satisfactorily the waterways could be protected at all times as far as
this particular problem is concerned. Further study is necessary in
this regard.
COMMITTEE REPORT ON SMALL BOAT HARBORS 15
SURVEYS
1957 SURVEY-BOATING FUEL
In 1957 the committee conducted a survey by mail in an effort to
determine, to some extent, the amount of boating fuel being purchased
by the people of the State of California. A questionnaire was sent to
9,000 boating people throughout the State requesting them to give the
amount of boating fuel purchased by them from 1956 to 1957 and show-
ing the type of boat owned, length of boat and power used. The question
was also posed as to whether or not the boat owner was in favor of
allowing the boat fuel taxes to be used for the improvement of boating
facilities and state waterways. Of the 9,000 questionnaires distributed
the committee received 1,968 returns. The following statistics were ar-
rived at from the actual gallon age reported by those replying to the
aforementioned questionnaire. These figures represent recreational boat-
ing only.
I. GALLONS OF GASOLINE USED PER YEAR-1957
(a) Outboard boats 166,000 *
Gallons used per year 35,856,000
or
Boating fuel taxes paid by outboard boat owners in
1957 $2,151,360.00
(b) Inboard boats 30,388 *
Gallons used per year 27,166,872
or
Boating fuel taxes paid by inboard boat owners in
1957 $1,630,011.32
(c) Total Amount of Boating Fuel Taxes Paid by
196,388 Boat Owners in California in 1957 $3,781,372.00
ii. boating fuel taxes refunded by controller's office in 1957
(a) The Controllers Office reports that money was refunded on 1,917,-
281 gallons of gasoline used in recreational boating — OR $115,-
036.86 was refunded on claims received by the Controller's Office
for recreational boating in 1957.
III. COMPARISON OF BOATING FUEL TAXES PAID AGAINST MONEY
REFUNDED BY CONTROLLER'S OFFICE IN 1957
(a) Total fuel taxes paid by outboard and inboard boat
owners for recreational boating $3,781,372.00
(b) Total money refunded for claims received by Con-
troller's Office $115,036.00
(c) Boating fuel taxes not claimed by the boat owner and
therefore deposited in the Motor Vehicle Fuel Re-
volving Fund to be used for highway construction $3,794,846.40
It might be well to point out that of the 1,968 completed question-
naires received by the Senate Interim Committee on Small Boat Har-
bors on the above survey only 41 replied that they were opposed to the
unclaimed boating fuel taxes being used for the development of small
boat harbors and waterways and the improvement of boating facilities
throughout the State.
• Figure based on assessors' records of boats registered as of December, 1957,
16 COMMITTEE REPORT ON SMALL BOAT HARBORS
1958 SURVEY-BOATING FUEL
111 1958 the Outboard Boating Club of America offered their assist-
ance in obtaining facts for the committee on this subject and a similar
questionnaire was sent out to 4,000 boating people in California by the
Outboard Boating Club of America. This survey is still incomplete but
to date 663 questionnaires have been received by the committee and the
following compilation of facts have been gathered from these returns.
These figures represent gallons of boating fuel purchased by the recrea-
tional boat owners for the year of 1958.
I. GALLONS OF GASOLINE USED PER YEAR-1958
(a) Outboard boats 191,943
Gallons used per year 46,066,320
(average of 240 gals, per boat)
or
Boating fuel taxes paid by outboard boat owners in
1958 : $2,763,979.20
(b) Inboard boats 33,783
Gallons used per year 19,443,102
(average of 574 gals, per boat)
or
Boating fuel taxes paid bv inboard boat owners in
1958 - $1,166,586.22
(c) Total Amount of Boating Fuel Taxes Paid by
225,816 Boat Owners in California in 1958 $3,930,565.32
The 225,816 boat owners referred to above are shown on the assessors'
records as of October of 1958. This includes 70,900 estimated boat
owners in the State Avho are not registered. Also, there are approxi-
mately 96,000 outboard motor owners not included in the above fuel
estimate. The Outboard Boating Club of America, as well as other
statewide organizations, estimate that there are as many as 350,000 boat
owners in California. It is believed, therefore, that the estimated 70,900
boat owners who did not register their boats is a very conservative
figure.
It. BOATING FUEL TAXES REFUNDED BY CONTROLLER'S OFFICE IN 1958
(a) The Controller's Office reports that money was refunded on 2,261,-
982 gallons of gasoline used in recreational boating or $135,718.92
was refunded on recreational boating claims received by the Con-
troller's Office in 1958.
III. COMPARISON OF BOATING FUEL TAXES PAID AGAINST MONEY
REFUNDED BY CONTROLLER'S OFFICE IN 1958
(a) Total fuel taxes paid bv boat owners for recreational
boating in 1958 $3,930,565.32
(b) Total money refunded for recreational boating claims
in 1958 — 1 $135,718.92
(c) Boating fuel taxes not claimed by the boat owner and
therefore deposited in the Motor Vehicle Fuel Re-
volving Fund to be used for highway construction $3,794,846.40
COMMITTEE REt'OKT ON SMALL BOAT PIARBORS
17
The above figures are based on a survey which is incomplete but still
continuing. However, the thousands of returns so far received from
the boating people give a positive indicc^tion of the amount actually
consumed during the year. It is believed that another two years of
research will prove a vast increase in the number of boat owners re-
corded to date. This will increase the total number of gallons of boating
fuel being used yearly resulting in an even greater amount of money
being paid in boating fuel taxes. Further research on this subject is
being recommended by the committee.
In 1958 the committee also conducted a survey to determine the
average amount of gasoline used by the boating people in a typical
multiweek period. A 10-week period was used for this purpose. From
343 responses to this questionnaire a breakdown was made which
showed a probable maximum average of 16 gallons of gasoline per
week was used by the individuals responding to this inquiry.
BOAT BERTHING DATA
January 12, 1959
72,000
Berths
Needed
by
1970
4
50,000
Berths
Needed
in
1958
2
20,000
20,000
Existing
Berths
in
1958
1
New
Berths
Now
Planned
by
1970
3
1 From all available sources as compiled by Division of Small Craft Harbors en-
gineering' staff.
2 Compiled from County Assessors' records; 50,000 being- the total number of sail-
boats, inboards, Coast Guard and documented motorboats listed.
3 As compiled from all available sources by Division of Small Craft Harbors engi-
neering staff.
* This figure based on a present California population of 14,000,000 needing 50,000
berths and an estimated 20,000,000 population by 1970. Population figures taken
from California Board of Equalization data.
Note : The above figures have been rounded off.
18
COMMITTEE REPORT OX SMALL BOAT HARBORS
CALIFORNIA REGISTERED BOATS
(Figures Shown Are the Number of Boats Registered With the
Various County Assessors)
Roicboats
and
County sailboats Inhoards
Alameda 828 1.321
Alpine 8 2
Amador 30 2
Butte - 118
Calaveras 3 3
Colusa 22 26
Contra Costa 2.059 2,500
Del Xorte 517
El Dorado 126 70
Fresno 144 297
Glenn 18 21
Humboldt 448
Imperial 53 -
Inyo 77 3
Kern 220 434
Kings 5 58
Lake 340 160
Lassen 76 1
Los Angeles 9,744 -
Madera 41 100
Marin 600 800
Mariposa — —
Mendocino 162 3
Merced 24 50
Modoc - -
Mono 274
Monterey 125 700
Napa 57 20
Nevada 85 6
Orange 2.610
Placer 194 106
Plumas 90 6
Riverside 171 60
Sacramento 630 —
San Benito 27 1
San Bernardino __ 814 279
San Diego 945 264
San Francisco 517 690
San Joaquin 398 330
San Luis Obispo __ 73 20
San Mateo 175 2.000
Sautu Barbara ___ 284 20
Santa Clara 651 438
Santa Cruz 107 263
Shasta 560 -
Sierra — —
Siskiyou 115 12
Solano 538
October 1, 1958
Approx.
Coast Guard
no. boats
documented
needing
Oiitboards
and misc.
Total
moorage
4,795
258
7.202
2.039
20
4
34
2
67
-
99
2
1,725
5
1.848
118
83
5
94
10
441
25
515
56
4.533
118
6.710
2,&43
247
85
849
86
577
11
784
76
4,054
15
4,510
237
360
12
411
36
2.277
519
3,244
510
490
43
586
34
82
1
163
3
2,446
-
3.100
437
367
14
444
76
970
147
1.617
322
321
2
400
4
18.256
9,850
37,850
16.934
530
14
6.85
107
1,100
150
2.650
1,150
7
1
8
1
823
215
1.215
224
686
33
793
106
225
_
225
-
49
-
323
-
700
585
2.110
1.310
910
128
1,115
143
372
20
483
15
4,895
4,210
11,715
6.110
883
320
1.520
116
608
7
711
15
1.445
200
1,900
268
7.567
2,327
10.524
1,142
60
-
88
1
2,238
5
3,336
330
3,569
3.887
9.287
4,632
943
1.086
3.241
1.948
2,483
893
4,160
1,239
739
266
1.098
297
940
44
3.159
•2.1M
1.075
755
2,134
673
3.176
13
4.478
583
673
156
936
414
1.597
75
2.495
101
4
-
4
-
4^
9
620
19
1,181
491
2,221
501
COMMITTEE REPORT ON SMALIi BOAT HARBORS
19
Rowboats
and
Count)/ xailboats Iithoards
Sonoma 347 26
Stanislaus 371 305
Sutter 23 62
Tehama 22 32
Trinity - 4
Tulare 98 197
Tuolumne 32 7
Ventura 223 80
Yolo 32 86
Yuba 11 13
Coast Guard
documented
Outhoards and misc.
1,246 339
2,297 49
630 3
545 3
41
1,110
288
1,165
878
388
7
13
171
Total
1,958
3,022
718
009
45
1,407
388
1,491
1,172
412
Total number of boats registered with county assessors.
Prohal)le number of boats not registered
154,916
70,900
Approx.
no. boats
needing
moorage
73
370
63
36
197
10
103
258
*48,364
Estimated total of all boats in California, Oct. 1, 195S__ 225,816
Approximate increase in California during 1957-1958 19.0%
* Approximate number of boats needing moorage.
Note : The above information was compiled by the Division of Small Craft Harbors,
State Department of Natural Resources.
CALIFORNIA BOAT POPULATION
March 12, 1959
VSCG District Registration U. 8.
Tear 12th Adjusted* 11th Total -^ Ratio t Total Year Number
1,000 1904 15,000
12,000 1913 400,000
25,000 1930 1,500,000
1941 10,000 (est.) 10,000 7,815 17,815 2.10 37,400
1942 12,000 (est.) 10,130 7,557 17,680 2.20 38,900
1943 14,500 (est.) 10,260 7,357 17,617 2.30 40,500
1944 17,949 10,380 7,295 17,675 2.40 42,400
1945 18,202 10,520 7,339 17,859 2.50 44,600
1946 18,687 10,820 8,335 19,155 2.60 49,800
1947 19,318 11,160 9,406 20,566 2.70 55,400 1947 2,440,000
1948 19,921 11,520 10,519 22,039 2.80 61,700
1949 20,192 11,680 10,386 22.066 2.90 64,000
1950 20,958 11,910 10,688 22,598 3.00 67,800
1951 20,901 12,090 11,119 23,209 3.10 72,000
1952 21,262 12,290 11,575 23,865 3.20 76,400 1952 4,330,000
1953 12,464 12,460 11,490 23,950 3.30 79,000
1954 12,443 12,440 12,237 24,677 3.40 83,800
1955 13,518 13,520 13,648 27,168 3.50 94,900
1956 14,807 14,810 15,581 30,391 4.10 124,500 1956 6,686,000
1957 17,084 17,080 18,407 35,487 4.70 166,900 1957 6,954,000
1958 20,314 20,310 21,816 42,126 5.35 225,816 1958 7,330,000
* Twelfth Coast Guard District — From the 1952 figure of 21,262 boats, 8,971 was sub-
tracted. These 8,971 boats were dropped from the rolls in 1953 by the Coast
Guard because they were outboards less than 16 feet in length. No adjustment
was made for the 11th District because these small outboards were never in-
cluded in their figures. A proportional amount (8,971/21,262) was then subtracted
from the registered boats between 1944 and 1951. This gives the approximate
amount of boats 16 feet and over listed under Adjusted figures between 1944 and
1952 comparable to those figures between 1953 and 1958.
t Total USCG registered boats in 11th and 12th USCG Districts f almost entirely Cali-
fornia boats).
t The 1958 ratio of Coast Guard registered boats to total number of boats in Cali-
fornia is 5.35. Assumed ratio of Coast Guard boats to total number of boats in
California, in 1941 was 2.10. For intervening years, the ratio was assumed to
increase slowly to 3.50 in 1955, then to break sharply upwards, corresponding to
the rapid increase in Coast Guard boat registrations. Applying these ratios to
Coast Guard figures gave total number of boats. Similar procedure used with
U. S. figures for 1904, 1913, and 1930 to give California figures for those years.
20
COMMITTEE REPORT ON SMALL BOAT HARBORS
US.C.G. MOTOR BOAT REGISTRATIONS IN CALIFORNIA, 1944-1958
40.000
/
/
/
/
/
'
/
/
/
/
BOATS
/
/
a
/
oc
/
o
/
IT
b.
/
6
^
z
-
-^
/
20.000
,/
/
/
/
— — '
l»4T |«4e ISO
YEAR
I9»0 >95l
STATE of C»l.lfORMIA
OEPARTMENT OF NATUflAL RESOURCES
DIVISION OF SMALL CRAFT HARBORS
CALIFORNIA
MOTOR BOAT REGISTRATION
16 FEET AND OVER
DATE 2-10-59
■^■^
oRAwina NO.
9001
COMMITTEE KEl'OUT ON SMALL BOAT IIAHBORS
21
CALIFORNIA'S BOAT POPULATION
BY COUNTIES
NUAftV I960 COUNTY ASSESSOR'S RECORDS
LISKT AREA REPReSENTS NUMICR
or PORTABLE SOATS.
I I 2,000
6,000
—10.000
>i t ^ x
'r?.
COMMITTEE REPORT ON' SMALL BOAT HARBORS
CALIFORNlAS «>OPULATIOK
li. ft T s s »
M
1 — cftLireaai'
1 «MnTE* ST*TCt
7»M I*f •
*■> TKE JaiTES ST»T£| t.«ce
mlt I. I t*e.
^v^ ■'•.•:
^4 •. .ijBw.
COMMITTEE REPORT ON SMALL BOAT HARBORS 23
POPULATION TRENDS
J 11 a leeeut report by the Division of Small Craft Harbors, of the
State of California Dopartiiu'iit of Natural Resources, entitled "Master
Plan for California's Small Craft Harbors'' the statement was made
that the population increase of the State adds another demand for
small craft harbor development. It was pointed out that a certain por-
tion of those people migratin*? to C'alifornia are interested in recrea-
tional boating and fishins:; in fact, the potential opportunity for
activity along the waterways may even be a factor in the migration.
Excerpts from the publication "California Population in 1957" by the
California State Department of Finance, Budget Division, Financial
Research Section, was quoted as follows :
"On July 1, 1957, California's estimated total population was 14,-
160,000, an increase of 560,000 or 4.1 percent over mid-1956. At the
present time, California is adding 1,560 new civilian residents every
day— 960 through migration and 600 through the excess of births over
deaths (natural increase). In the seven and one-quarter years since the
census of 1950, California has added 3,574,000 new residents, a 33.8
percent gain. National growth over the same period is estimated at
about 19,600,000 or 12.5 percent. California's share of the United States
population has jumped from 7.0 percent in 1950 to 8.3 percent in 1957.
California today has reached the point where each two years may be
expected to see over one million persons added to the State 's population.
Based on the current pattern of growth, a total population of 15,860,000
is projected for July 1, 1960 — a 1950-1960 gain of over five million.
Migration and natural increase have combined to maintain California's
growth rate at more than twice that of the Nation. It is becoming in-
(ireasingly evident that government and private initiative alike must
learn to think in the future in order to keep up with the present."
COMMITTEE REPORT ON SMALL BOAT HARBORS 25
SUMMARY AND RECOMMENDATIONS
Outdoor rpeiTatioii in Calit'ofiiia is of ^-i-cat interest and boatiiiji'
is fast bccominji' one of the major forms of family i-ecreatioii in the
State and the Natioji. It is estimated that $1(){),()0(),()()0 flows throng-h
the State each year from the use of the waterways by the estimated
226,000 boat owners and approximately 800,000 boating- enthusiasts.
Also, there are many boat owners in Idaho, Nevada, Arizona and New
Mexico who use onr waterways constantly. These added to the con-
tinuous tourist trailer boater ci-eate many hundreds of thousands tran-
sient boaters. This is of great economic value to the State and every
effort should be made to improve the boating- facilities and develop the
waterways of the State in oi-der to keep up with the growth of this
recreation.
During the first six months of 1958, it has been reported that there
were more new boats sold in the State of California than new cars.
The boat manufacturers anticipate an even greater sale of boats in the
next year and have estimated that this increase in boats in California
will approximate 11 percent.
The cities, counties and districts are eager to provide better boating
facilities and small boat harbors. Many of the local agencies need
technical and directive assistance which is being supplied by the newly
formed Division of Small Craft Harbors and the Small Craft Harbor
Commission. This assistance can be provided along with the necessary
funds in the form of loans on a long-term basis.
It should be pointed out here that the term "small craft harbors"
which would seem to imply a coastal area, includes, however, boating-
facilities for inland areas as well. The demand for small craft harbors
and facilities on both inland and coastal waters of California is groAving
at a phenomenal pace as a result of the State's explosive population
growth, its outdoor way of life, and its ready access to great natural
and man-made waterways. To meet this demand the Division of Small
Craft Harbors is developing plans for more than 100 harbor and water-
way projects from Crescent City and Klamath to San Diego County's
Imperial Beach on the coast, and in inland areas from Lassen County's
Eagle Lake to Imperial County's Salton Sea. These projects are being
planned so that they will be self-liquidating and will be of no added
burden to the general taxpayer. It is estimated that the necessary
developments and improvements will amount to well over $100,000,000
and it is the aim of this committee to study this situation and supply
the information that will enable part of the moneys to be available for
this purpose without being an additional burden to the taxpayer. This
can be accomplished through revolving loans repayment of which can
be applied to further accomplishment of the program. This would mean
that the total program could be accomplished with only a small amount
of funds actually being applied as long as it is being promulgated on a
revolving fund basis.
The past year and one-half has revealed many facts on this subject
and has further proven that small boat harbors are of vital interest
to both those who are recreational minded and those who are interested
26 COMMITTEE REPORT OX SMATJi BOAT HARBORS
in the expansion of industry in tlu- State. There is no doubt that this
program is of great economic value to the State as proven by the
testimony. The fishing iiulnstry aiul the small commercial vessels arr^
also directly benefitefl by the .Nniall »-raft harbor j^rogram.
There is CA-ideiiced by this report that there are many phases of the
boating program which must still be researched and it is recommended
by the committee members that the proposed Senate Interim Committee
on Small Boat Harbors and Waterways Problems be created for the next
two years in order that the verj- constructive work carried on by this
committee in the past year and one-half may be continued.
APPENDIX
COMMITTEE REPORT ON SMALL BOAT HARBORS 29
AMENDED IN SENATE MARCH 23, 1959
SENATE BILL No. 5
Introduced by Senator HoUister
(Co-authors, Assemhlyman Biddick; Senators Arnold, Beard, Berry,
Broivn, Burns, Byrne, Christensen, Cohey, Cooml)s, Dilworth, Dol-
wig, Donnelly, Erkart, Farr, Fisher, Gibson, Grunsky, Holmdahl,
JoJinson, McAteer, McBride, 3IcCarthy, Miller, Montgomery, Murdy,
O'Sullivan, Battigan, Regan, Bichards, Bodda, Short, Slattery,
Stiern, Teale, and Thoynpson; and Assemhlynicn Bruce F. Allen,
Belotti, Britschgi, Busterud, Chapel, Coolidge, Cunningham, Assem-
blywoman Davis, Assemblymen Francis, Frew, Samuel R. Geddes,
Hawkins, Hegland, Holmes, House, Lunardi, Masterson, Meyers,
Mulford, Pattee, Schrade, Sumner, Waldie, Charles H. Wilson, and
Winton)
January 7, 1959
REFERRED TO COMMITTEE ON TRANSPORTATION
An act to amend Section 8352 of the Revenue and Taxation
Code, relating to the Motor Vehicle Fuel Fund and making
an appropriation thereof.
The people of the State of California do enact as follows:
1 Section 1. Section 8352 of the Revenue and Taxation
2 Code is amended to read :
3 8352. The money in the Motor Vehicle Fuel Fund is hereby
4 appropriated, subject to the provisions of any budget bill here-
5 tofore or hereafter enacted and Section 11006 of the Govern-
6 ment Code, as follows :
7 (a) To pay the refunds authorized in this part, including
8 refunds due on account of judgments for the return of license
9 taxes illegally collected.
10 (b) To the Controller, to carry out any duties imposed
11 upon him by this part.
12 (c) To the board, to carry out any duties imposed upon it
13 by this part.
14 (d) To the Highway Users Tax Fund, as provided in this
15 chapter.
16 (e) To pay the pro rata share of the overhead and general
17 administrative expense of the Controller and the board at-
30 COMMITTEE EEPORT ON SMALL BOAT HARBORS
1 tributable to duties im])()se(l bj' this part. The pro rata share
2 is payable upon presentation of a claim against any appropri-
3 ation from the Motor Vehicle Fuel Fund for the support of
4 the Controller or the board, as the case may be.
5 (f) To the counties, as provided in this chapter, the sum
6 of three hundred fifty thousand dollars ($350,000) per annum,
7 this sum representing the amount of money in the Motor
8 Vehicle Fuel Fund attributable to taxes imposed by this part
9 on distributions of motor vehicle fuel used or usable in pro-
10 pelling aircraft of a type heavier than air. Payments pursuant
11 to this subdivision shall be made prior to pajonents pursuant
12 to subdivision (d).
13 (g) To the Small Craft Harbor Revolving Fund for ex-
14 penditure in accordance ^vitli the provisions of Division 5.7
15 (commencing at Section 5801) of the Public Resources Code,
16 the sum of seven hundred fifty thousand dollars ($750,000)
17 per annum, commencing with the 1959-1960 Fiscal Year, this
18 sum representing the amount of money in the Motor Vehicle
19 Fuel Fund attributable to taxes imposed on distributions of
20 motor vehicle fuel used or usable in propelling vessels. Pay-
21 ments pursuant to this subdivision shall be made prior to
22 payments pursuant to subdivision (d).
COMMITTEE REPORT ON SMALL BOAT HARBORS 31
Senate Joint Resolution No. 8
Introduced by Senators HoUister, Christensen, Fisher, Grunsky, and
Farr
February 9, 1959
REFERRED TO COMMITTEE ON TRANSPORTATION
Senate Joint Resolution No. 8 — Relative to Coast Guard facili-
ties in navigable waters in California.
1 Whereas, There has been a great and rapid increase in
2 the number of private small boats using the navigable waters
3 in California which are under the jurisdiction of the United
4 States Coast Guard ; and
5 WtiEREAS, While the United States Coast Guard is doing
6 an outstanding job considering the limited funds and per-
7 sonnel available to it, the increased use of the navigable
8 waters in California demands that additional funds, ships,
9 and personnel be made available immediately for the protec-
10 tion of human life; now, therefore, be it
11 Resolved hy the Senate and Assemdly of the State of
12 California, jointly, That the Legislature of the State of Cali-
13 fornia respectfully memorializes the President and the Con-
14 gress of the United States and the Commandant of the United
15 States Coast Guard to make available immediately additional
16 funds, ships, and personnel for Coast Guard operations in
17 the navigable waters in California; and be it further
18 Resolved, That the Secretary of the Senate be hereby
19 directed to transmit copies of this resolution to the President
20 and Vice President of the United States, to the Speaker of
21 the House of Representatives, to the Commandant of the
22 United States Coast Guard, and to each Senator and Repre-
23 sentative from California in the Congress of the United States.
LEGISLATIVE COUNSEL'S DIGEST
S. J. R. 8 as introduced, Hollister (Trans.)- Coast Guard operations.
Memorializes Congress and federal officials to make additional funds, ships, and
personnel available for Coast Guard operations in the navigable waters of California.
COMMITTEE REPORT ON SMALL BOAT HARBORS 33
By Senator Ilollister
SENATE RESOLUTION NO. 33
Relative to tlie creation of the Senate Interim Coumiittee on Small
Boat Harbors and Waterway Problems.
1. The Committee on Small Boat Harbors and Waterway Problems is
hereby created and authorized and directed to ascertain, study, and
analyze all facts relating to or in any manner alfectiuj^' the marine
affairs and bays and harbors of the State including, but not restricted
to, the establishment of a waterways system on the inland waters of
the State tributary to the Pacific Ocean, and the establishment of
harbors of refuge along the California coast for the safety and use of
fishing boats and other small craft. The said committee is further
directed to study ways and means of securing funds for the accomplish-
ment of the purposes herein set forth, and to investigate any and all
other matters incidental, or pertaining to bays and harbors and marine
affairs, in all their phases including, but not limited to, all matters
pertaining to small boat harbor development, navigational facilities
such as moorings, anchorage areas for small craft, fishing boats,
and including, but not limited to, the operation, effect, administra-
tion, enforcement, and any needed revision of any and all laws
bearing upon and relating to the subject of this resolution, and to
report thereon to the Senate, including in the report its recommenda-
tions for appropriate legislation, and to confer with the United States
Army, the Navy, the Coast Guard, and local harbor authorities of the
various cities and counties and chambers of commerce, yachting organi-
zations and other public or private bodies, in order to effect a water-
ways system in aid of navigation and the establishment, improvement
and development of all necessary facilities to accommodate commercial
fishing or recreational pursuit by operators of small craft on the inland
waters or along the California coast, its bays and inlets of the Pacific
Ocean and also to confer with competent professional technicians on
the engineering and economic factors involved in the various plans
which may be proposed with respect to marine recreational affairs and
bay and small boat harbor development in this State.
2. The committee shall consist of five members of the Senate, ap-
pointed by the Committee on Rules thereof. Vacancies occurring in the
membership of the committee shall be filled by the appointing power.
3. The committee is authorized to act after final adjournment of this
session of the Legislature until the commencement of the 1961 Regular
Session with authority to file its final report not later than the 30th
calendar day after the convening of that session.
4. The committee and its members shall have and exercise all of the
rights, duties and powers conferred upon investigating committees
and their members by the provisions of the joint rules of the Senate
and Assembly and of the standing rules of the Senate as they are
adopted and amended from time to time at this session, which pro-
visions are incorporated herein and made applicable to this committee
and its members.
34 COMMITTEE REPORT ON SMALL BOAT HARBORS
5. The committee has the following additional powers and duties:
(a) To select a chairman and vice chairman from its membership,
and to employ such assistants as it deems necessary-.
(b) To contract with such other agencies, public or private, as it
deems necessary for the rendition and affording of such services, facili-
ties, studies and reports to the committee as will best assist it to carry
out the purposes for which it is created.
(c) To co-operate with and secure the co-operation of county, city,
city and county, and other local law enforcement agencies in investi-
gating any matter within the scope of this resolution and to direct the
sheriff of any county to serve subpoenas, orders and other process issued
by the committee.
(d) To report its findings and recommendations to the Legislature
and to the people from time to time and at any time, not later than
herein provided.
(e) To travel, or to appoint a subcommittee, and an advisory com-
mittee to travel, within or outside of this State and the United States
in pursuing the investigation committed to it.
(f ) To do any and all other things necessary or convenient to enable
it full}^ and adequately to exercise its powers, perform its duties, and
accomplish the objects and purposes of this resolution.
6. The sum of twenty thousand dollars ($20,000) or so much thereof
as may be necessary is hereby made available from the Contingent
Fund of the Senate for the expenses of the committee and its members
and for any charges, expenses or claims it may incur under this resolu-
tion, to be paid from said contingent fund, and disbursed, after certi-
fication by the chairman of the committee, upon warrants dravsoi by the
State Controller upon the State Treasurer.
printed In California state ptiNTiNO ofvicb
L-4457 4-69 2,600
REPORT OF THE
SENATE INTERIM COMMITTEE ON SOCIAL WELFARE
LICENSING OF
SOCIAL WORKERS
Members of the Committee
JOHN A. MURDY, JR., Chairman Santa Ana
STANLEY ARNOLD, Vice Chairman Susanville
J. WILLIAM BEARD El Centre
STEPHEN P. TEALE West Point
ANDREW W. OPPMANN, JR., Executive Secretary
Published by the
SENATE
OF THE STATE OF CALIFORNIA
1959
HUGH M. BURNS JOSEPH A. BEEK
President pro Tempore Secrefary
GLENN M. ANDERSON
President of the Senate
TABLE OF CONTENTS
Page
Letter of Transmittal 5
Introduction 7
Findings 8
Recommendations 10
Summary Report of Public Hearing 11
Appendix 29
Exhibit ''A"— List of Persons Who Testified at
Public Hearing 31
Exhibit ''B"— Proposed Legislative Bill 32
Exhibit *'C" — Estimated Number of Social Workers
in California 39
(3)
LETTER OF TRANSMITTAL
Senate Chamber, State Capitol
Sacramento, California, January 27, 1959
Hon. Glenn M. Anderson
President of the Senate
Senate Chamher, State Capitol
Sacramento, Calif ornia
Mr. President: Pursuant to Senate Resolution No. 156, read and
adopted June 12, 1957, at the Regular Session of the Legislature, the
Senate Interim Committee on Social Welfare submits a report with
recommendations on the licensing of social workers.
The committee wishes to extend its ai^preciation to the public and pri-
vate social work administrators, other county officials, interested profes-
sional and lay persons, the Legislative Analyst 's office, and the members
and staff: of the Board of Social Work Examiners who appeared at the
public hearing to give the benefit of their experience and advice with
respect to this problem.
Respectfully submitted ;
John A. Murdy, Jr.
Chairman
Stanley Arnold
Vice Chairman
J. William Beard
Stephen P. Teale
(6)
2— L-3644
INTRODUCTION
The Senate Interim Committee on Social Welfare, created by Senate
Resolution No. 156, 1957 Regular Session, was directed by the Senate
Committee on Rules to ascertain and study all facts relating to or bear-
ing upon the licensing of social workers, including Senate Bills Nos.
172 and 975. 1957.
Senate Bill Xo. 172 was introduced by the Senate Interim Committee
on Licensing Business and Professions. It would have repealed the
Business and Professions Code provisions creating the Board of Social
"Work Examiners. Senate Bill Xo. 975, while not altering the basis of
the permissive registration, would have allowed the board to establish
additional registration categories and broaden the scope of research
conducted.
In ]\Iarch. 195S. at a special hearing on the budget item for the
board, a subcommittee of the Senate Committee on Finance also urged
an interim study of this problem.
Acting on our committee's request that the social work profession
re-evaluate its concept of the permissive registration program in light
of this criticism, the Board of Social "Work Examiners appointed an
advisory committee comprised of professional and lay persons. Amend-
ments to the program were drafted and the board held five open hear-
ings on the new bill — in San Diego, Los Angeles, Fresno, Sacramento
and San Francisco.
This proposal was then presented to the Social Welfare Interim Com-
mittee in a public hearing on December 8, 1958, in Sacramento. The bill,
a summary of testimony, and the committee's findings and recommenda-
tions are included in this report.
(7)
FINDINGS
In 1945, the Board of Social Work Examiners was created in tlie
State Department of Professional and Vocational Standards and took
over operation of the voluntary registration program begun in 1933 by
the California Conference of Social Work, a private organization. Dis-
satisfaction over the value of this endeavor has been expressed not only
by two Senate committees, but also by many members of the social work
profession. Consequently a public hearing was conducted by this com-
mittee in Sacramento, December 8, 1958, to explore the merits of estab-
lishing a mandatory licensing program.
There would seem to be four considerations regarding mandatory
licensing — protection, quantity, quality, and recognition.
I. PROTECTION
The protection of the public's health, safety, morals, or welfare is
the foundation of the State engaging in the field of licensing vocations
and professions. Irrespective of other benefits accruing from any licens-
ing activity, the public's protection must be the pivotal issue.
The main contention in this respect has been that the public 's welfare
is jeopardized without mandatory regulation of all persons entering and
working in the field of social work. The committee agrees that this
might be the case in private agency and self-employed welfare workers.
However, every social worker employed in tax-supported agencies
within the State comes under civil service or merit system jurisdiction.
These jurisdictions, whether administered at the federal, state, county,
or local level, all have the primary duty of insuring the protection of
the public.
The large majority of social workers are operating within govern-
mental agencies and under mandatory regulation — probably between
two-thirds to three-quarters of the total estimated number of social
workers in the State (See Exhibit "C"). Thus the need for some sort
of regulatory machinery would appear to be largely met.
II. QUANTITY
There is almost universal agreement that the current number of
social work positions exceeds the number of social workers, both in
California and the rest of the country. Concern is not only expressed
over the day-to-day recruiting necessary to get any agency's job done,
but also in convincing high school graduates and college students to
enter academic fields pointed toward this profession. Other problems,
such as high turnover rates and duplicate qualification examinations
given by some fifteen public examining authorities, are having an
adverse effect on both public and private welfare organizations.
A mandatory licensing program might ultimately help alleviate the
general shortage of social workers. Other means exist, however, which
the committee feels would have more direct and positive effect.
(8)
SOCIAL WELFARE 9
Salaries could be increased to a level more competitive with those
paid in other areas requiring- similar education and experience.
Minimum standards could be increased for governmental employ-
ment at the present time without changes in the law.
A single, statewide written examination at the entrance level for all
county agencies could be substituted for the 15 now being given. (The
County Personnel Administrators Association, the State Department
of Social Welfare's Personnel Bureau, and the Co-operative Personnel
Services Division of the State Personnel Board are currently working
on this.)
More administrative study and experimentation could be conducted
to reduce the amount of clerical-type duties being performed by case-
work personnel.
Greater emphasis and co-ordination could be put on encouraging
more colleges and universities to offer these courses.
III. QUALITY
There is no question that social w^ork as it is practiced today in
both public and private settings demands personnel of wide academic
training, experience, and skills. And in the future, with the expanding
"service" concept (recognition that financial aid is only part of the
needs of our dependent citizens, and meeting these other needs), the
demands for quality in education, experience, and skill will be greater.
Again, however, the means exist today to furnish and preserve addi-
tional quality in the services rendered the public by social workers.
These same means (i.e. on-the-job training and educational opportuni-
ties, greater incentives to become more skilled) would have to be used
regardless of the establishment of mandatory licensing. The commit-
tee can see, particularly in regard to the bulk of social workers em-
ployed in governmental agencies, little if any preservation or creation
of "quality" by licensing.
IV. RECOGNITION
Esteem must be earned ; it cannot be given by license. Public under-
standing of social welfare's problems, methods, and goals can be accom-
plished only by the profession's understanding of them, and then their
vigorous work in every possible way to communicate this comprehen-
sion ; it cannot come about by creating a mandatory licensing program.
Greater public acceptance of social welfare depends not on whether
it has a legal base through licensing, but rather on how well it can help
create independence from dependence, self-esteem from self -debasement,
hope from diffidence.
V. SUMMARY
The committee appreciates the pressing problems faced by the social
work profession — the scarcity of staff to do the job, the modest salaries,
the lack of understanding and co-operation in some quarters, the
enormous difficulties inherent in working with people about their most
intimate problems. Particularly in relation to public welfare, however,
the committee is convinced the means exist, or can be made to exist,
within the present framework of social w^ork to accomplish those goals
ascribed attainable through licensing.
RECOMMENDATIONS
In reviewing the problems confronted in licensing social workers,
this committee is cognizant of the differences arising from type or place
of employment. Two-thirds to three-quarters of the social workers
within the State are already under the regulatory and standard-set-
ting controls of governmental agencies. There is no reason to believe
that these agencies lack sufficient jurisdiction to protect the public's
welfare, or that a "super-agency" be established to insure they use
their powers.
On the other hand, some 2,000 to 2,500 social workers are operating
in private profit and nonprofit organizations removed from any gov-
ernmental insurance that they are qualified for that employment or
that they practice in a manner not detrimental to the public's welfare.*
However, nothing has come to the committee's attention to indicate
any "malpractice" by, or lack of qualifications of, any social worker
in these agencies.
"We therefore recommend that:
1. No mandatory licensing be required of social workers employed
in any governmental agency.
2. The committee would not oppose further consideration by the
Legislature of mandatory licensing to establish one statewide minimum
level of education and/or experience for employment as a social worker
in private profit and nonprofit agencies.
* With the exception of the City of San Diego, wliere all social workers in private
practice are required to obtain a license.
(10)
SUMMARY REPORT OF PUBLIC HEARING
Sacramento— December 8, 1958
We present herewith excerpts from the testimony given by various
witnesses that appeared before the committee.
EDWARD J. WREN
President^ Board of Social Work Examiners
In 1945, the Legislature passed the present Registered Social Workers
Law. This act has been on onr statute books for the past 13 years. It
has been permissive legislation. The board realized from the start that
this was not the program that was needed and has continually given
consideration to some type of mandatory law. During the past five
years, the board has appeared before three interim committees of the
Legislature, and at each hearing the board was given instructions to
strengthen the present law. In 1956, a committee of the Legislature
suggested that the board be prepared to submit some type of man-
datory licensing. We immediately proceeded to comply with this request
by the appointment of an advisory committee to go into the many
problems of such a law. In the 1957 Session of the Legislature, a bill
was introduced to abolish the registered social worker program. The
history of this bill, you already know. As a result, we were given an
additional year to prepare some definite legislation to strengthen the
present law. At this point we feel assured we have the support of
most of the public employers and the profession. Practically all pro-
fessions have been given legal recognition by various kinds of manda-
tory regulations and licensing. Social workers who deal with one of the
most important problems, the intimate problems, should surely have
some definite regulations and disciplines. This act will assure uni-
formity without jeopardizing local autonomy. It will cost the taxpayers
no money, as the funds are raised through the act.
Senator Arnold: I think you stated that practically all of the pub-
lic emploj^ers are in favor of this bill?
Mr. Wren : At least in principle ; not in detail, but in principle.
Senator Arnold : How may boards of supervisors did you hear from ?
Mr. Wren: We heard from no boards of supervisors. We discussed
it with individuals and with certain members of the Supervisors As-
sociation informally. We haven't got to them yet on a formal basis.
GEORGE K. WYMAN
Director, State Department of Social Welfare
I am speaking today from the standpoint of the effect of this pro-
posal upon public welfare administration in California. I have followed
the development of this bill and I'm convinced that its enactment will
(11)
12 SOCIAL WELFARE
have a positive effect upon welfare operations. The value of this bill
to welfare operations, as I see them, are as follows :
Mandatory licensing of social workers would :
1. Mal'e the agency selection of workers easier and at less cost. It
would provide a basis to eliminate duplicate qualification examinations
now being given by 15 public examining authorities. Obviously, one
written test would qualify a newcomer for employment any where in
our programs as contrasted against the present system of requiring 15
tests to qualify for employment on a statewide basis. It would have
recruitment value and, in turn, would make considerable saving of
time and money for the individual social worker. The turnover of staff
would be reduced by a system of certification which is supported by
the professional group and identifies all workers with the professional
field. The plan would be simpler and could transfer the majority of
the qualification costs from the counties to the certification system to
be supported by license fees.
2. It would encourage and improve recruitment efforts. This bill
allows for a feasible system of day-to-day recruitment of persons to
fill current openings. In addition, it has both the means and the facil-
ities to provide for improved, long-range recruitment of persons into
the educational stream so that future recruitment will be in greater
number and in higher quality. Licensing will create greater public
acceptance of social work the same as it has done in other fields such
as medicine, law, and education. And with this greater acceptance,
social work will attract increased numbers of recruits.
3. It ivill provide for gradual improvement in the competency of
workers and the qualify of services received hy the pul)lic. This bill
provides incentive for movement up through the various categories of
registration ; the categories proposed, in general, parallel our personnel
advancement patterns. This plan will encourage students to take social
work majors in college and seek graduate social work ti'aining. The
bill allows the board to establisli equivalents for advancement for those
persons now on the job.
Every means must be taken to improve the quality of our public
social work staff. For example, each Aid to Needy Children worker
determines on an average the expenditure of $122,000 in public funds
annually. And each worker attempts to rehabilitate or give other serv-
ices to the an average of 280 persons. The use of better qualified staff
will improve services to the recipient, the public, and will save taxes.
4. It will give greater protection to the puhlic. The public can be
better served by qualified staff who are dedicated to self -improvement
and who are selected from lists of qualified persons. Both taxpayers
and recipients are served best when staff can give rehabilitation serv-
ices. This bill will aid immeasurably in fostering this type of staff
personnel.
5. It ivill encourage the provision of heifer academic and on-the-joh
training. This bill will encourage the operating agencies to improve
their personnel management plans, to seek graduate social workers,
SOCIAL WELFARE 13
encourage agencies to increase botli attendance at educational institu-
tions plus training on the job wliorc persons are unable to attend school.
We believe, also, that the professional responsibility for encouraging
self-development can be facilitated by this approach. This registration
law will encourage greater development of undergraduate and graduate
social work facilities if the profession is recognized and social workers
are licensed.
6. It will make an attempt to create public understanding and accept-
ance of social work activities. Social work functions are here to stay and
the recognition by the Legislature that social workers should be licensed
will provide greater understanding and acceptance of the responsibil-
ities, the duties, and the contributions that social work can make in
this modern world.
The selection or the management of the personnel still must remain
the responsibility of the personnel people themselves. I think the real
advantage of this bill is that it makes it possible to set up standards
which are applicable statewide and permits people to come in and take
these examinations when they meet these standards. The result will be
a better program of welfare in both large and small counties.
If we could just entice two high school graduates from every high
school in the State of California to enter the field of social work, we
could recruit all of the people necessary for all the public and private
agencies, to staff all of them at any time in the future. All we need is
two from each of these schools. But they've got to have some prospect
that this is a profession that is here to stay, that's recognized by the
people of the State of California as being important. When we're
spending this year almost $500,000,000 of tax funds for social welfare
activities, to say nothing of the activities of private agencies, I think
simply from a dollar and cents standpoint it's necessary for us to get
the best qualified people we can in every county of the State.
The department has not been sitting idly by hoping that this registra-
tion activity would solve all our problems. I don't think it will. But it's
a step in the right direction.
Senator Murdy: Do you think that the present salary range for
social workers is going to inspire people to take college work in order
to pull down the salary that they make at present ?
Mr. Wyman: Not at the lowest salary range, which is currently
$297 a mouth as an entrance rate.
AVe have a 30 percent turnover of staff in county welfare depart-
ments. In the last three years the turnover rate has dropped from 36
percent to 30 percent. We've still got a long way to go. The main
reason is that there isn't enough money in this business. The teaching
profession has had to raise its standards, and with that went increases
in salary. This has had a tendency to place it on a professional basis.
People can make it a career. A man can support his wife and children
in the teaching profession. AVe hope to be able to do the same sort of
thing in Social AVelfare.
Senator Murdy: Do you think licensing these people is going to
inspire more people to get into the social work ?
14 SOCIAL WELFARE
Mr. Wyman: Absolutely. I think that is one of the steps that needs
to be taken. The voluntary licensing is not a real solution to this
problem.
Staff: Do the majority of social workers in tlic State work for some
branch of government?
Mr. Wyman: Yes. There are 8,450 employees in county welfare de-
partments and 580 in the State Department of Social Welfare of which
about half in each instance are in social work classifications.
Staff: Do you have any estimate as to the total number of persons
who would come under the jurisdiction of a licensing act?
Mr. Wyman: There are currently about 3,600 or 3,800 persons reg-
istered under the noncompulsory act that is in effect now. I would
guess on that basis that something over 7,000 or 8,000 people probably
would come under this, maybe more.
Staff: Since a large majority of social workers are already em-
ployed in a governmental system, can some of the benefits of mandatory
licensing, for instance, the selection of workers being made easier and
at less cost, can this be accomplished in another way, or is this some-
thing that can be achieved only by mandatory licensing ?
Mr. Wyman: No, it's not the only way. In fact, representatives of
the department and I have met with the County Personnel Officers
Association and representatives of the State Personnel Board. We are
currently working on a way in which we believe a single statewide
examination can be developed. But the point I made here is that rather
than public agencies carrying the cost of this examining solely for
those prospective public employees, we feel it's a real advantage to
have the profession itself carry the costs of qualifying examinations
for all people entering this field. Then the public agency can develop
the necessary eligible lists on the basis of oral qualification examina-
tions. This would be quite a saving to all public agencies now conduct-
ing written examinations.
Senator Teale : What is the condition of j^our eligible list now ? How
man}' men have you got on it waiting for a job?
Mr. Wyman: Not very many.
Senator Teale: It doesn't indicate any great surplus of social
workers ?
Mr. Wyman: No, sir. But I think we could interest more people in
entering this profession if licensing were a part of the package.
NATHAN SLOATE
Chief of Social Services, State Department of Mental Hygiene
Currently we have, out of close to 500 social work job.s, about 60
vacancies. We're confronted not with one kind of answer to this prob-
lem, but with a sort of a network of considerations, all of which we
must go into. We see this licensing as a bill that woidd help the whole
profession of social worker, and by helping the whole profession would
help us in our overall problem. The problem of recruitment, which is
important to us, is no more important that the problem of quality of
work. All of these things are so closely interrelated that we've got to
work on many fronts in order to do the job.
SOCIAL WELFARE 15
"We are convinced a bill of this type, by its insistence on some meas-
ure of standards, wonld do that job. A question lias been asked about
the limitation of practice under this bill. As I understand tlie bill, it
is particularly focused on the use of the term "social work," withoul
any attempt to define what a social worker is or what a social worker
does. I think it would not preclude the practice of what we p,enerally
call social work. It would limit the use of the term; and in this sense
it then can be related to standards and level of performance. I do not
see this as an exclusion type of bill even though it calls for licensing.
We see a bill such as this as providing protection to the employers
in the State. It's been pointed out here that social work is hardly a
job for amateurs.
Senator Arnold: Do you have any salary problems?
Mr. Sloate: Yes, we do. Senator. The salary problem seems to be
sort of perennial with social work, and it is related to this whole area
of recruitment. It's related to the kind of job that gets done. We think
that we need more money to recruit more and better staff.
Senator Arnold: Do you think a bill such as this would increase
that problem or help it?
Mr. Sloate: We feel that it would help the problem.
Senator Murdy: Do you think the reticence on the part of the
people going into this work is because they don't like the work or be-
cause they don't like the salary?
Mr. Sloate: Well, since I can't believe they don't like the work.
Senator, I must only conclude that it must be the salary.
Senator Murdy: Then the natural results of this bill would be an
upgrading of standards and an upgrading of salaries as well?
Mr. Sloate: I'm convinced that both are involved.
MRS. RUTH I. KAISER
Executive Director, California Association of Health and Welfare
The association believes that licensing of social workers is a means
of protecting the public by enabling the clients to know the qualifica-
tions of the person who is dealing with them. Social workers deal with
the most personal and intimate problems of people. It's important for
those clients to know that the people helping them have training, quali-
fications, and education, and know what they are.
The use of the examination will not only assist the public agencies,
but will also help private agencies determine the qualifications of the
person they're employing. We support the principles embodied in this
proposed bill and feel that the use of the various titles recognizes the
training and education, enabling the public to have some knowledge of
the persons serving them. AVe believe that the proposed bill is work-
able and the program will add a very useful dimension to the practice
of social work in really helping us meet our health and welfare needs
in California.
Senator Arnold: What do you think a bill such as this would do
in regard to this salary problem?
Mrs. Kaiser: This bill would tend to raise the salaries because we're
raising the standards. Once you identify those standards, you give
people a goal to shoot for, and, naturally salaries will go up with it.
16 SOCIAL WELFARE
Senator Arnold: Be forced up?
Mrs. Kaiser: Yes, and this goes back to our belief that the public
should have the highest qualified person possible helping them with
these very serious personal problems that they have.
Senator Arnold: Would it be workable if there wasn't a raise in
salaries .'
Mrs. Kaiser: Yes, I think so. But it's quite probable a raise in sal-
ary will come at all different levels with it.
Senator Murdy: Do you think the difficulty with obtaining social
workers is in the fact they don't like the work or they don't like the
salary ?
Mrs. Kaiser: I don't believe it's they don't like the work. I think
it 's salaries. That is one of the reasons. The lack of recognition of social
work as a profession has been another of the things that deterred
people. The only actual facts we have on this, otherwise it's all sup-
position, is that people have been leaving public departments because
of salary.
Senator Murdy: If you had an increase in salaries at the present
time do vou think vou'd upgrade the standard of social workers as
well ?
Mrs. Kaiser: I don't think you can do one without the other. And
this bill is important to go along with it. Once you have the standards
set, then this other follows. Salaries, whether this bill is passed or not,
should be upgraded.
MRS. ESTHER SMITH
Chairman, Legal Regulation Committee, State Council,
National Association of Social Workers
The statement I am going to present is a statement of Miss Eileen
Cassidy, President of the California Council, who is unfortunately ill
and cannot be here. We believe this proposal embodies in principle the
essentials of our position, and we give it our complete support.
Part of the problem of people coming into the field of social work
has been the lack of identification at whatever level people happen to
be working and the consequent status which goes with such identifica-
tion. Many people might be interested in going into nursing because
everyone knows what a nurse is. A nurse is licensed. A nurse has
status within the community. We feel the same thing could happen
with social vrorkers with or without necessity for salary increments.
We don't think the salary really is as important as the professional
identification which would come with the licensing program.
Senator Murdy: Do you feel that there are people in the field of
social work today with a high school education that are doing just as
good a job as those who have a bachelor's degree?
Mrs. Smith: Xo, I think they aren't. They couldn't. There are cer-
tain very basic skills which have to be learned. I'm sure there are
people working in the field of social work with high school educations
who are being A-ery kind to people and are helping as much as they
can. But in the profession of social work, just as in the professions of
medicine, psychology, law, there are certain basic skills which make it
possible for you to be more helpful. No matter how well-meaning these
SOCIAL WELFARE 17
individuals may be, they could not give as good a service to the client
as that person who had been specially trained.
Senator Teale: Could you give us an idea of what the difference
in salary range is between public and private employment?
Mrs. Smith: I don't think there's a great deal of difference. There
may be some in highly specialized agencies. Those individuals would
probably demand the same salaries in public agencies that they do in
private agencies.
Senator Murdy: Do you feel that there's sufficient machinery under
present statute to upgrade social workers?
Mrs. Smith: No, I do not.
Senator Murdy: We're trying to ascertain whether it's because they
do not like the work or the profession or whether they don't like the
salary.
Mrs. Smith: I would suspect you can't simplify it quite that much
and say it's one or the other. It's not either one or the other, in my
opinion.
FLOYD E. WHITE
President, California Social Workers Organization
As an organization and as individuals Ave have been concerned about
the fact that the public has no protection in the use of social services
such as it has in the use of medical, nursing, legal, and even barbering
services. We believe that there should be mandatory regulation of the
title social worker, and that this title be used only by those persons
who qualify through education or experience.
Senator Teale : Do you think you're going to find enough men with
a bachelor's degree to satisfy your recruitment problem?
Mr. White: I believe we can, yes. I think that part of our recruit-
ment problem has been the lack of definition within the working groups
of a social worker and what this person is doing. I believe that a
regulation such as this and the use of title will really aid in our recruit-
ment program. This will aid in attracting qualified people into the
smaller counties you mentioned. We 're talking about two things. There
is certainly a very realistic problem that every public welfare depart-
ment faces in terms of recruiting a sufficient number of people to meet
their demands. We are also talking about something else. That is the
identification of a person who has certain basic skills and abilities to
do a specific job within any setting, whether it is a public welfare
department, hospital, school, or a private agency.
Senator Murdy: Mr. White, you've heard me ask other witnesses
whether they thought the difficulty in enlisting workers in the social
welfare field was due to the salary or to the fact they dislike the job.
What is your opinion?
Mr. White : I would have to agree with the others that have spoken.
I don't believe that the answer is an "either-or" answer. The turnover
in the field is to a large extent due to salary inadequacies. I believe
people enter social work careers because they want to do this work,
but all of us also have to live with some very realistic pressures of
paying rent and bujdng food. It is unfortunate that even within county
government that enough recognition is not given to the importance of
18 SOCIAL WELFARE
the social work job to put the salaries on a competitive level with other
types of occupations or professions. One of the basic reasons why people
come in and then leave is not because of inadequate salaries but per-
haps salaries that are not competitive with other salaries in the same
area.
Senator Murdy: Do you feel that a bachelor's degree is essential
to do the social work properly ?
Mr. White: Yes.
Senator Murdy: There are many people who are working in the
social work field today who do not have a bachelor's degree?
Mr. White: That is correct.
Senator Murdy: Then by blanketing in all of the people with this
grandfather clause, you blanket in some inefficiencies?
Mr. White: I believe that we will blanket in people who are now
doing a satisfactory job but who may not possess the qualifications that
we would like to look forward to in the next 10 or 15 or 20 years.
MISS ARLIEN JOHNSON
Dean, School of Social Work, U. C. L. A.
I would like to make three points, gentlemen. The first is that the
problems of California in recruiting and staffing welfare services are
similar to those all over the Ihiited States. The second point is that
social work services must be administered by people of maturity, judg-
ment and training. And third, that the present bill in principle will
achieve some of the objectives that I will present.
It's a very serious responsibility to transplant a human being such
as a child from his natural home to a foster home or for adoption.
It's a very serious thing to help a person accept public assistance so
that he is made stronger and better able to handle his own affairs
rather than made dependent and a pauper. And the way in which you
help people is the way that determines whether it's rehabilitative or
whether it's harmful. This is no job for immature high school gradu-
ates. It is a job that requires a knowledge of human behavior, public
policy, and methods that will help people to become stronger rather
than weaker.
In my opinion the present bill in principle will set forward the situa-
tion in California and help us achieve some of the aims that we have
in mind. It will safeguard services to people and help instead of harm
them. It will bring a maximum return to the taxpayer. Mr. Wyman
told us this morning that half a billion dollars a year in California
comes from tax funds for these public services. This is no job that
you can just hand out to anyone to handle.
WILLIAM M. SIEGEL
County Supervisors Association of California
I think it's important that the Legislature and the groups who cer-
tainly are very dedicated in this and see this as a way of accomplish-
ing a very desirable end should realize that they're asking the Legis-
lature to exercise its police power to control the people that practice a
certain type of job. The Legislature can exercise this power only if it
can find that it's in the public interest to protect the public health,
SOCIAL WELFARE 19
safety, and general welfare. Attempts have been made this morning to
try to show that the pnblie is in danger if the social workers are not
licensed, no matter how weak a licensing bill they propose.
I submit that this is just not the fact. If there's any group of people
that are most rigidly screened before they get on the job, it's the social
workers. Of course, the reason we're interested in this whole bill is
because the counties of California are the largest single employers of
social workers in the State of California. AVe not only have civil service
jurisdictions that give examinations, both oral and written, to qualify
these people for the job, but every single county in California is under
some kind of such restriction. We cannot say this for any other county
department across the board. In every county people must pass exami-
nations before they get on the job and are dealing with people.
I would also submit that the record of the private agencies is good
in California. I've heard no examples of people being hurt by poor
social work practice in this field. No doubt there may be some, but this
is primarily a public field and government has the responsibility itself
to see that it is emplojdng people that are not injuring other people.
We submit on this basis that there's very little reason to set up a state
licensing board much like the doctors or lawyers have.
The bill is very weak, as you've already noticed. The profession, it
seems, isn't ready yet for such professionalization as we see in other
licensing agencies. All this bill does is copyright the name social
worker. It's possible for us to just change our classification titles, call
them public assistance workers or something, and not violate the law.
But we don't believe that this is the important thing that we're all
interested in getting at.
They say this act would improve recruitment. We certainly do have
recruitment problems. But we are concerned about the public policy
of putting a professional body in charge of the recruiting. We see what
has happened in some of the other professions where the boards are
in control of the number of people licensed. It is possible for such a
profession to dry up the sources of recruiting. We're concerned that if
recruiting is placed in the hands of the profession, they will not be
as sympathetic as the administrators — the State Department of Social
Welfare — with seeing that we do have enough people, under standards
that are realistic enough, to get the job done in the counties.
Staff: You voiced the feeling that this bill would put recruiting in
charge of the profession, rather than the county personnel directors.
Is there anything in this bill which would prohibit, after 1962, a county
personnel director from recruiting?
Mr. Siegel: No. What we're talking about primarily is the board,
being dominated by members of the profession, tending to write higher
and higher standards into the examination process. This would tend
to discourage and perhaps even deny people the ability to pass these
examinations. This would be a tendency, maybe not intentional.
Staff: Would the examination that the board members would write
and give necessarily be the same one that your county personnel officers
would give ?
Mr. Siegel: No, except for this amendment which so substantially
weakens an already weak bill. If we could talk about the other two
20 SOCIAL WELFARE
classifications, you'd have to pass these two examinations plus pay
$5 a rear.
Staff: Your county personnel officers could give their own examina-
tion under this bill as it now appears. If the person passed this test as
a social worker I, or associate social worker, classification, would the
applicant have necessity to take any other examination?
Mr. Sieg'el: No. But this raises a very peculiar question. If we are
going to be the ones to examine, which we're doing now. then why
require the applicant to pay $5 a year dues to a board that doesn't
examine them or doesn't do anything? And $5 a year is a hindrance
to recruitment, particularly when you're recruiting from out of State.
You would have to tell people that they have to belong to a licensing
board. No other state has such an agency. This is just another obstacle
in the way of getting people to come to California for these jobs.
Now, the situation isn't as bad as it might be made out to be. We
are very definitely and substantially improving the quality of our
personnel. As fast as the universities and colleges can turn them out,
we'll hire them. There's no shortage of jobs. If you've got training,
the counties will pay for such training. We're just as anxious to see
that the universities will encourage more people to get into the field
of social work. Where we have qualified people on the job, we're using
them in the child welfare work. Naturally, we could spend a lot of
time on some of these older persons, but there's too much of a shortage.
There aren't enough trained people to go around, so we place them
where they do the most good.
WILLIAM HART
Personnel Director, Orange County
Those of us here who represent the County Personnel Administrators
Association feel very definitely that some of the features of this licens-
ing bill tend to negate some of the work that was done by the Recruit-
ment, Training and Utilization Committee. One thing that is very
significant is that out of all the work that was done by this committee,
nowhere in their recommendations was there anything bearing on the
licensing of social workers as a mandatory requirement, as a means of
solving recruitment problems or any other kind of problem.
In this R. T. IT. work group I had the pleasure of serving as chair-
man of the subcommitee on examining. One of the specific things that
our committee felt had to be done in county welfare departments was
cut down on the amount of red tape and examining a person had to
go through in order to be employed.
Before many months elapse, we will have a standard statewide
written examination for Social Worker I in all county welfare depart-
ments, be they civil service or merit system. We feel this is the kind of
thing that needs to be done to solve some of the recruitment problems.
Staff: If this proposed legislation were passed, would it preclude
the State Personnel Board from setting up a single statewide exam-
ination for the Social Worker I classification ?
Mr. Hart: I don't see how it could. As for the issue of public pro-
tection, we feel that it's somewhat ridiculous for another agency' to
be set up to license people to protect the public when probably 90
SOCIAL WELFARE 21
percent of the social workers are already employed in public agencies.
It seems somewhat farcical to have one public agency protecting: the
public against another as far as employment standards are concerned,
particularly in a field where traditionally there has been more screen-
ing done than probably any other field of county employment.
There's ]io definition in this proposed legislation of wliat constitutes
an}' kind of malpractice of social work. There is a procedure for
removing someone's license providing they've been guilty of some
sort of a crime. Bnt certainly no public or private agency would permit
such a person to stay on the payroll. So the question of taking their
license aAvay becomes rather moot.
Senator Murdy: Do you have any difficulty recruiting help now at
the social worker level?
Mr. Hart: Yes, we do.
Senator Murdy : Is part of your problem the salary scale ?
Mr. Hart: To a degree, yes.
Senator Murdy: What is the starting salary for social worker?
Mr. Hart: We have two levels. The beginning salary is $337 a
month. For a Social Worker II, that is, a person who has completed
a minimum of six months of on-the-job training, the starting salary
is $375 a month with a maximum of $464.
Senator Mnrdy: How do tliese starting salaries compare with other
classifications of similar nature?
Mr. Hart: For the most part, I believe that salaries for classifica-
tions in the social work field are generally lower than comparable
type jobs with similar requirements in the labor market.
ERIC EMERY
Personnel Director, Contra Costa County
Monetary considerations are a necessary aspect of doing something
about this problem of recruitment and retention. Prestige in the com-
munity for the social workers is a necessary aspect of this problem.
It's my considered judgment, however, that the licensing as it's pro-
vided for in this bill is not the solution. I think we were well on our
way with this R. T. U. effort, and my feeling is that this is something
of a complication, a confusion of the progress that was going forward
in the R. T. U. program.
The R. T. U. subcommittee on classification abandoned the criteria
of distinguishing these different classes of practice relating solely to
education. The committee came to the conclusion that it wasn't any
solution to the problem to say that one class was a college graduate or
one class was a person with less than a college degree. This didn't in
any way clearly differentiate the abilities or the facilities that the
person might bring to the practice of social work. The bill as it attempts
to define and delineate the classes of social M^ork licensing is artificial.
It doesn't really deal with the basic problem. I see the danger of
imposing, if it becomes law, upon many county organizations a totally
superficial classification plan that doesn 't bear any particular relation-
ship to the needs of that organization.
22 SOCIAL WELFARE
Staff: Do you see anything in this bill which would preclude a
county from hiring anyone they wished as a social worker?
Mr. Emery: This bill would seem to include anybody that we take
and examine. I'm frank to say, however, that if the protection of the
public is the purpose of this bill, the language here (Section 9024,
proposed bill) practically removes any limitations whatsoever, so long
as we accept them.
Staff: Do you feel the people screened by the civil service or
merit system counties represent a threat to the safetj^ of the public?
Or do you feel they are currently being adequately screened so that
this exception could be made safelj^?
Mr. Emery: In terms of the practicalities of the present time, the
public is being adequately protected against malpractice of social work
through the measures that are being taken in the State of California
right now.
Senator Teale: What would constitute malpractice in social work?
Mr. Emery: Maybe I should apologize for using that term. Ac-
tually I have yet to hear a definition of social work about which you
could have a finding of malpractice.
In effect this bill turns over the licensing to a group of people com-
pletely dominated by the profession itself. The public interest is not
served by a board so constituted. There is usefulness in a board of
people with this background, but precaution should be taken that no
such licensing board be dominated by the profession itself. There is an
inevitable tendency for the powers that are vested in such a board to
be used to curtail the supply of workers in the field and thus build up
the market value of the occupation of the people in the field. This is
something I think needs some attention throughout the licensing pro-
cedure.
WILLIAM PEARSON
Personnel Director, Sacramento County
I 'd like to emphasize tAvo points. First of all, we have made the point
that we have no definition of social work. But even forgetting that, the
licensing of the use of the title social worker is very poor if you don't
require the person who is applying for the license to have at least some
experience or training in the field of social Avork.
"We haven't touched too much upon turning the recruitment of social
workers over to the professional field itself. This is true in many other
fields. In county government, especially, the personnel administrator is
constantly required to have his applicants have a license or a registra-
tion before he can accept them for appointment or for examinations.
I think that my associates and practicallj" everyone in county govern-
ment will admit that in these fields we usually find the greatest short-
age of employees or candidates. The one thing I think may happen in
this field has happened in the field of nursing. The registered nurse is
no longer the competent person in the hospital, at least in many gov-
ernmental hospitals. They have gone to a sublevel — vocational nurse —
to get the job done. Now, this may be the answer in the field of social
work. No longer will we employ social workers in the future except for
SOCIAL WELFARE 23
a few jobs that may be lead positions. But we'll get a technical com-
petency at a lower level, at a lower pay, and, therefore, lower the Avhole
standards of this field of public welfare.
Senator Murdy: Is it your feeling that at the present time the
standards are being upgraded without the assistance of a bill of this
kind ?
Mr. Emery: I think there's not a doubt in the world of that.
Senator Murdy: Do you agree with that, Mr. Hart?
Mr. Hart: Absolutely. Constantly and consistently we are keeping
pace with the programs that the public agencies are handling for the
public, as well as with the availability of personnel. And while we're
on that subject, I want to second what Mr. Emery has already said.
In no way, shape, or form should the committee get the feeling from
our appearance here and our objections to this bill that we are un-
sj^mpathetic with the idea of higher standards and higher salaries and
better practice in this particular field. We all recognize the need for it.
We've worked hard on many of these committees that are taking posi-
tive action in these directions. It's the means by which these goals are
to be accomplished that we have some differences of opinion about.
Senator Murdy: Do you agree with that, Mr. Pearson?
Mr. Pearson: Wholeheartedly, yes.
MRS. MARIAN METZ
Chief Medical Social Worker, University of California Hospital
Mrs. Metz: I'm not here to represent the university in particular.
I'm here primarily as an employer of social workers and as a social
worker, rather than as an official delegate for any particular group.
The points I would like to speak to have less to do with protection
of the public welfare than promotion of the public welfare. Not all
social workers are employed by county welfare departments or in public
agencies of any kind. Many of them are employed in private agencies,
and there's an ever-increasing group in private practice. How is the
general public to know what qualifications these individuals have?
Too many prospective clients now shy away from reputable agencies
because of their uncertainty about the ability of staff to assist them.
Licensing, and the publicity which would accompany the process,
should make such services more acceptable to the vast group which
could use these services to prevent family breakdown. As it is, most of
these families now Avait until a crisis forces them to apply for a con-
crete service. Much financial dependency could be prevented if families
would voluntarily seek counseling before actual breakdown occurs.
Some of these same considerations would be positive factors in re-
cruiting young people into the field. Definite standards for licensing
imply a formal recognition of the essential nature of the services per-
formed. They also give the young worker some feeling of status and a
sense of being responsible to the whole profession instead of just his
own agency. Young people today, as in every day, look for strength
with which to identify and a souud licensing program tends to provide
this.
24 SOCIAL WELFARE
PHILIP K. SIMMONS
Chairman, Social Workers Standards Committee
Los Angeles County Employees Association
We are deeply' couvinced that licensing and careful regulation of
social workers will assure continuously better manpower for the job
and promise the public more for its money. The fact that every social
worker will have to meet recognized standards in education and per-
formance will surely safeguard the quality of workmanship.
We are greately concerned over the indicated choice of "associate
social worker" for the category in which most of us in the Bureau of
Public Assistance and other county welfare jurisdictions would fall.
We are called and considered social workers now. We came to our jobs
because we chose to be social workers. To diminish our stature with
such a qualifying adjective as " associate" would be to lower the po-
sition of social workers in public assistance agencies at the very time
this proposed legislation seeks to raise it. Consequently, we respectfully
urge substitution of the clearly descriptive term "social worker" for
the third category.
We strongly recommend one further qualification for your considera-
tion. That is to require in addition to the bachelor's degree a major in
social science, with the effective date put over to January 1, 1965. It is
our suggestion that the broad definition of social science as used by the
Los Angeles County Civil Service Commission be emploj^ed ; namely,
a major in any of the following subjects : anthropology, public adminis-
tration, education, history, international relations, philosophy, political
science, psychology, religion, and sociology. Such scope would be broad
enough to assure welfare agencies a wide field of university and college
graduates to draw upon in recruiting workers, yet limit the field to
men and women whose training provides realistic insights into prob-
lems of human relations.
Senator Teale: Do you feel there is a possibility a man Avho met
the minimum requirements could become trapped in a classification
which would limit his potential for advancement?
Mr. Simmons: This would depend on the way the term "or its
equivalent ' ' would be interpreted. If it were interpreted liberally, then
we would not be trapped.
JAMES BOWHAY
Administrative Analyst, Legislative Budget Committee
Under the terms of the bill there is no precise definition of a "social
worker" for which a license will be required. It's unclear as to whether
this bill is simply to isolate the term social worker or whether the social
work category includes Bureau of Vocational Rehabilitation, field
workers, and some of these related social workers. It appears to be
somewhat of a legal question in the bill itself. In addition to those, there
are other classes of positions which are not titled social worker posi-
tions, but which perform case work services and which might be deter-
mined to be closely related for licensing purposes. An illustration of
this v>ould be probation and parole officers.
SOCIAL WELFARE 25
It has been cstimHted that tliere may be an additional 3,000 social
Avorker and related positions employed by private agencies. Thus, the
prospective number of licensees could be between 9,000 and 13,000
dependiniL"' upon th(^ extent to which related classes are included in the
definitions adniiiiislenul by the licensino- board. The nninber of licenses
would be somewliat hig'her due to the turnover.
Ill this matter of salaries, the State Social Welfare Board now has
the standard setting and salary setting power for county workers. So
there is an agency which could require counties to raise salaries or
standards already existing in state government.
There would appear to be no direct effect of the requirement of
licensing upon costs to the state government. However, to the extent
that qualifications are established by the licensing board which exceed
those presently recpiired by the Social Welfare Board and the Person-
nel Board, standards of pay would be corresponding^ affected. At the
present time many positions in the state service, such as Public Assist-
ance Specialist I, are recruited from county positions. If the qualifica-
tions for those county positions are raised, this would probably affect
recruitment and pay rates for the state positions. One of the purjDoses
of the bill is to raise qualifications throughout the State in both public
and private employment of social workers. This would ultimately affect
recruitment and salary levels in the state service. The amount of this
could not be determined, but the effect can be illustrated when it is
considered that the annual state cost of a one-step (5 percent) increase
for social work and related classes in the state service would be approxi-
mately $350,000.
If you're required, say, to have a master's degree in social work and
five years experience simply to handle an A. N. C. caseload with 100
cases to handle, you aren't going to have time to do any casework.
You're going to have your time occupied with getting the budgets right
and the amount of the grants right. So you can raise standards and
still not raise the effect on the recipient. It doesn't matter whether
you've got a Ph.D. in social work, if your time is occupied with paper
work, you haven't got the time to do this casework.
MISS DOROTHY ZIETZ
Assistant Professor of Social Work, Sacramento State College
My concern with this bill is plainly from the viewpoint of an edu-
cator. I find myself frustrated to think that I have been teaching in the
social welfare field for 10 years and we don't have a definition of what
I'm teaching. What is happening in our discussion this afternoon is
that we're not thinking about social work as a profession, we're think-
ing about getting checks out in time, eligibility, and that sort of thing.
We have lost in the last few years almost a million and a half dollars
in training costs because we lose people even before the end of their
six months probationary period. This leads me to believe that we must
teach this material as if it were a profession, and it is a profession.
I was struck with Mr. Siegle's comments about the rigid screening
that goes on and, therefore, we don't need this kind of licensing. I
would question then why we have almost a 50 percent turnover across
the board if screening is this rigid.
' *'■ -L
'•^'"ora^-
■t'^ ;» -;''
?iT
:T i-
~ .
y,'
-■J
01
ai b
- _ :^i. -
^•-'Ui^
26 SftciAi. -5rT:Lr.^2E
AW> a part c^f mx ; ' — - r
It _ _ i_ : ___ ___: st auT-body *aii gine
away. €xeii ^orVJTt? oirt ot the -maTiuais tiat the Stat-e D^aztawmt <»f
Social "W^^--- ---_-_. T. — -^- •^- ^^y^ t^i-nVirig in teists «f frrmkar
people « - lOT pes&ple, bnt latiier "sre sxe
"" " " , . - 'o in some "srax alieraate
gViTk. ^e need to know
s ^ ^ - _ " ecnramiinTnr tit^uu-
i;lt ::-al ag'ffne^s. laeoBK-
Tng •wiO c:c> iij«_ i eau taiE u» joxms' r^ms. of a pni&saan
tI •-* " -- ■' >-:■' "- >-- - ^-'-:-»^-- -' c^- . ^,- _^ "by tiie C'OBiBiJUfflily.
i -ifr. It 3sn"i merelv a malter
Siniior ArLoli !_ - -. itOTs- a^oot liie salaiy as-
Prof. Zietz: It's nm'^l: r^-re eneoTrrafin^ to talk to stBidearis about
salarv toda^" t^'aTi it ~ _ I 5i.ar:.ed to te&th. 15 jeaas s^ol "We can
^j. -exeept for some :; — - _rrit svst.em eoimties. that Claries in <Knr
iarffer eotinti^ ncfw e.c«znpetc "sritii prxvate iridnstrr. Tbey eertainbr
ecraip^t* ~:*'' -'- - T-'-^-il GoT^jamteni- So "sre don't hsve t& do lioo
iiiTi';ji aj' _ . ^_ -T, t?r^ i? Tr>rre t^^ ttaxe our ^«ble9a. Ir«.
■■"WjieTe ''--^' ^ ^: ^Jirir I Laxe iiad mx nrst eonpl-e of xeais' expaieoee
TSTtiiOiit a Ma— -r"= I>egree?"' And the an»irer to tiiat is. '^PraetataSiy
no plit'/r." A: :- anorber aspeeL I tihii'n'k. of t^ viiofte IkcHn^
prograTTi. Ii ii. : l - ind it eneonrages thr -^t^ Crut to so ■o-n to azkOtlier
step. He sees sometinng else for >iTm
HONORABLE H2ED R KRAR
State Senartar, Sen Dtego County
I -R-as a iHaeamber of tit Senate Inieran Cominittee <m Busi^^ aad
Professions sexeral xears ^o. We hand a Learinxr before iIk subeoaBBXt-
tee ------ - - - — r--...^ c^-,-.- r-;— -3:/i. and mrsfjtf and
bear- . State. At tLat time
T^- :_._ ' rrccaDmesid^ idsat l^e
^ - : si TT^t^^s SAd alwiiidi
li 'vratS talKB IB ^K
- : __ _ n do» aoit provide
anx essential ~. or ipelfare. Tkis
pTobatilx a'w"c^-_-^ -- :_-j- ----- TOp^jjyiaw* <^
the part of the nrc-f e^;- i: t c< ask . latwy i^sasBf^
neeessaiy fmietii^
, ^alth of "due gesaenjH
'. ' . " "^^ diSenent &l^
in -w-iiieii titex ean opera: e and xet gnxes "!i zieentixe 1© zekercase
their position \sy axi edtiealMgaal azod aeadci_.. ^.aL£^omiA.
SOCIAL WELFARE 27
H. JACK HANNA
Director, State Department of Professional and Vocational Standards
I'm sure this committee is already familiar with the fact that we do
not habitually or historically sponsor legislation. Our job is to adminis-
ter the legislation that you people give us. However, we do from time
to time consult with the various committees on the workability of either
an existing act or a proposed act.
In that vein, I find myself pretty much in agreement with Senator
Kraft. I went through those same hearings he refers to and it was
generally felt by the committees that we ought to go one route or the
other, either they ought to be regulated or the act .should be abandoned.
And my personal feeling from the comments and experience I have
gained during the past two and a half years is that this bill, generally
speaking, offers a step in the right direction. I would hate to seo the
act abandoned.
The opponents, if they made a point at all, was simpl}-, "Go away
and let us alone. "We don't need your help." If you take that position,
why, you could take it about almost any profession or vocational licens-
ing program that the State has embarked upon. In my opinion, this
act is in the public interest. I do not believe any of the counties would
be hurt by it. I believe quite the oppo.site. Our experience in other
regulatory activity indicates that the counties do historically and
habitually accept a state examination in lieu of examining that par-
ticular competency on the part of an applicant. They make their
screening in the area of moral fitness, age, background, and so forth,
but they generally accept a state license as the qualifying mark of a
person.
MISS DOROTHY ZEGART
Chairman, Committee on Regulated Social Work Practice
California Sociol Workers Organization
I wanted to speak to the point of Mr. Hart's and Mr. Emery's state-
ment on graduate training and the agreement of the graduate schools
on a training program, and also on the R.T.U. Subcommittee on Cla.ssi-
fication.
Concerning the graduate training program, there is a national asso-
ciation for accreditation of graduate schools and they see that a school
has to have a certain number of courses of certain content in order for
it to be considered a graduate program, either at the one-year or the
two-year graduate level. A student cannot be a graduate student unless
they go to an accredited graduate school.
Secondly, on the R.T.U. Subcommittee on Classification we studied
the levels of practice very carefully in drawing up our position. The
subcommittee made a big point of saying there were certainly different
levels of practices on which social workers operated that were definable
levels. They felt it would be a good idea to define these levels of prac-
tice, making it clearer to employers the level of sers-ice they could buy
in terms of skills, education, and experience, and the pay at this certain
level. This was not clear in ]\Ir. Hart 's and ]Mr. Emerv 's statements.
APPENDIX
SOCIAL WELFARE 31
EXHIBIT "A"
The following persons appeared before the committee in Sacramento,
December 8, 1958, and gave testimony :
Bowhay, James, Administrative Anal3^st
Legislative Budget Committee
Cassidy, Miss Eileen (see Mrs. Esther Smith)
Emery, Eric, Personnel Director, Contra Costa County
Hanna, Jack, Director, State Department of
Professional and Vocational Standards
Hart, William, Personnel Director,
Orange County
Johnson, Arlien, Dean,
University of Southern California
Kaiser, Mrs. Ruth I., Executive Secretary
California Association for Health and Welfare
Kraft, Fred, Senator, San Diego County
Metz, Marian AV., Chief Medical Social Worker
University of California Hospital
Pearson, William, Personnel Director
Sacramento County
Simmons, Philip K., Chairman,
Social Workers Standard Comm.,
Los Angeles County Employees Association
Siegle, William
County Supervisors' Association
Sloate, Nathan, Chief of Social Services,
State Department of Mental Hygiene
Smith, Mrs. Esther, Chairman, Committee on
Legal Regulation of Practice,
National Association of Social Workers
Presented statement of
Cassidy, Miss Eileen, President of the
State Council, National Assoc, of Social
Workers
White, Floyd, President
California Social Workers Organization
Wren, Edward J., Chairman,
Board of Social Work Examiners
Wyman, George K., Director,
State Department of Social Welfare
Zegart, Miss Dorothy, Chairman,
Committee on Regulated Social AVork Practice,
California Social Workers Organization
Zietz, Miss Dorothy, Assistant Professor of
Social Work, Sacramento State College
32 SOCIAL WELFAEE
EXHIBIT "B"
PROPOSED LEGISLATIVE BILL
It is proposed that Chapter 17 of the Business and Professions Code
relating to social workers be amended to read as follows :
Article 1. Administration
9000. This chapter of the Business and Professions Code constitutes
the chapter on social workers. It is et ftew cnactmont a«d 4s to be lib-
erally construed to effect its objectives.
It is the purpose of this chapter to protect the welfare of the people
of California hy:
1. Registering, classifying, and licensing under three categories all of
those persons ivho as social workers are concerned primarily and di-
rectly with the conservation, protection, and improvement of human
resources;
2. Informing the piiMic hy means of three categories of the qualifica-
tions and preparation of such persons engaged in the practice of social
work, including self-employed social workers in private practice, those
affiliated with other professional disciplines in private practice, those
in tax-supported or voluntary health, welfare, and educational agencies,
and those in industries ;
3. Developing and providing sources of iyiformation for the improve-
ment of social work skills and the solving of proMems related to the
development a7id maintenance of professional social work standards
through research projects.
9001. There is established in the Department of Professional and
Vocational Standards a Board of Social Work Examiners of the State
of California, wliich consists of seven members appointed by the Gover-
nor with the advice and consent of the Senate.
9002. Members ©f the board, except #te lay members, shfttt be ap-
pointed e«4y from among individuals wh© ai^ yogistorod seeial workers
with ftr least #^^ years e# professional oxpcricneo ift se«fti work? anfl
whe- hr.ve been residents ©f California fe¥ at ieast three yenvs preceding
their appointment.
All members of the hoard shall have heen residents of California for
at least three years preceding their appointment. All except the lay
memhers shall he appointed from among individuals who are licensed
social workers with at least five years of professional experience in
social work.
Ne fovrcr than four memberg ei the board shall have completed at
least ene yerw^ e# full-time graduate study e¥ the equivalent thereof »
att approved scJiool el social work. Net less tha« two ef the members
shall be fey persons.
Three of the memhers shall hold licenses as graduate social workers;
two shall hold licenses as registered social ivorkers, one of whom shall
have successfully completed at least one year of graduate study in an
accredited school of social ivork; two shall he lay persons.
9002.5 An approved accredited school of social work within the
meaning of this chapter is a school which is was eligible for membership
in the American Association of Schools of Social Work or accredited
SOCIAL WELFARE 33
by its successor, the Commission on Accreditation of the Council on
Social Work Education.
9008. Members of the board shall be appointed for a term of four
years and they shall liold ofHce until tlie api)ointment and (]ualification
of their successors.
The terms of the members of the board first appointed under this
chai)ter shall expire as follows: three members, January 15, .1946; one
member, January 15, 1947 ; one member, January 15, 1948 ; and two
members, January 15, 1949.
Vacancies occurring shall be filled by appointment for the unexpired
term.
9004. Not later than the first of March of each calendar year, the
board shall elect a chairman and a vice chairman from its membership.
9005. The board shall appoint select an executive secretary which
position is hereby designated as a confidential position and exempt
from civil service under Subdivision 5 of Section 4 of Article XXIV
of the Constitution.
5%e eseewtive secretary shall have tfee Scrttte tfua
el a mcmbei' e^ tlie befwdr ftftd ehftll serve at its pleastweT
The executive secretary shall he a licensed graduate social worker,
shall have at least five years of professional experience m social work,
and: shall serve at the pleasure of the hoard.
9006. The executive secretary shall, consistent with policies, rules,
and regulations relating to general service functions applicahle to all
hoards in the Department of Professional and Vocational Standards,
exercise the powers and perform the duties delegated to him by the
board and vested in him by this chapter.
9007. AVith the approval of the Director of the Department of Pro-
fessional and Vocational Standards, the board shall fix the salary of
the executive secretary.
9008. Subject to the State Civil Service Act, the board may employ
such clerical, technical and other assistants as it deems necessary, with-
in budget limitations.
9009. The board shall keep an accurate record of all of its proceed-
ings and a register of all applicants for ee^tifieatcs licenses and of all
individuals to whom a certificate as a i=egi8te«3d s#eia4 worker license
is issued. The hoard may, from time to time, compile, puhlish, and
distribute directories of licensed social workers.
9009.5. Except as otherwise provided by law, all records of this
board shall be open to inspection by the public during regular office
hours.
9010. The board may conduct research in and make studies of
problems involved in the developing and maintaining ei professional
social work standards among these engaged i» social service work in
California and may publish its recommendations thereon.
9011. The duty of enforcing the provisions of this chapter is vested
in the board and the executive secretary subject to and under the
directions of the board and shall he in accordance ivith service function
policies, rides, and regidations governing all hoards of the Department
of Professional and Vocational Standards .
34 SOCIAL WELFARE
In the performance of this duty, the board and the executive secre-
tary have all the powers and are subject to all the responsibilities vested
in and imposed upon the head of a department by Chapter 2, Part 1,
Division 3, Title 2, of the Government Code.
9012. The board in accordance with the lyrovisions of the Adminis-
trative Procedure Act, may make such rules and regulations as may be
necessary for the enforcement of this chapter, and may by rule and
regulation prescribe the qualifications for registration licensing pro-
vided these are not inconsistent with other provisions of this chapter .
9013. The board shall have and use a seal bearing the words "Board
of Social Work Examiners of the State of California".
9014. No member e# the board shall i^eeive a«fr compcnrjation ^r%^
his scrviccft but uttdei- the previsions ei Section S^ e^ the Political
Code aftd m aceordanco with- tl^e r^les a»d regulations ef the -State
Board el Control, he shall be entitled te the expenses he incurs ift the
performance ^ his duties.
No menihcr of the hoard shall receive any compensation for his serv-
ices, hut shall he reimhursed in accordance with the laiv for his neces-
sary expenses incurred in the pcrformamce of his duties.
9015. The board shall transmit, biennially, a full and true report to
the Governor of all its activities under this chapter and shall file copies
thereof with the Secretary of State and the Director of the Department
of Professional and Vocational Standards.
9016. All meetings of the board shall be open and public, except
that the board may hold executive sessions to :
(a) Deliberate on the decision to be reached upon the evidence
introduced in a proceeding conducted in accordance with Chapter 5
(commencing with Section 11500), Part 1, Division 3, Title 2, of the
Government Code.
(b) Prepare, approve, grade or administer examinations.
(c) Select and evaluate its staff.
Article 2. Application of this Chapter
9020. Only individuals who have received: a eertificato under this
chapter mm' style themselves as registered social workers aed «se the
letters R.S.W. m connection with their namesr
rj V ( ! r^ lllLll V It^lTlTTT TTTTtT H V\ Ivo lIllIlo»Jl J. CT 1 IJ^ lOUJi \J\.l cltTtTtTtT TTTTTTTtTT TTT TVllU
rtses any words er symbols indicating ©r tending to indicate that he 4s a
registered- social worker without holding a certificate m good standing
under this ehapter is girtilty ©f a msdomeanor.
Beginning January 1, 1961, no person shall:
1. Bepresent or style himself a social tvorker; nor
2. Be employed as a social ivorker; nor
3. Use any title which includes the words "social worker'' ; unless
1. He holds a valid license under this chapter; or
2. He holds or has applied for a temporary or provisional permit
issued hy the Board of Social Work Examiners pending exami-
nation.
Nothing contained in this section shall in any way restrict any person
from using social work knowledge, methods, or techniques provided
that the user does not represent himself as a social worker unless li-
censed under this chapter.
SOCIAL WELFARE 35
9021. Thii3 chapter ^ees ftet prcvont miy person from engaging m
seeiai work. H applies only to porRons weivi-ng 4e »h^ ¥ke #t4e e4 rogis-
4«¥e4 Boeial worlter.
The Board of Social Work Examiners shall issue a license to those
who properly qualify: one category to he known as "graduate social
worker"; one to he known as "registered social worker"; and one to
he known as "associate social worker."
A graduate social worker shall have at least a master's degree
from an accredited school of social work or the equivalent in education
as determined hy the Board of Social Work Examiners and have com-
plied with the requirements of the Board of Social Work Examiners.
A registered social worker shall have successfully completed at
least one full year of graduate study in an accredited school of social
work or its equivalent as determined hy the Board of Social Work
Examiners, and have complied with the requirements of the Board of
Social Work Examiners.
Those who qualify for licensi^ig as associate social workers shall
include all other persoiis representing themselves as social workers,
employed as social workers, or who are qualified candidates for hona
fide employment as social workers, and who have complied with the
requiremeyits of the Board of Social Work Examiners except that
heginning January 1, 1962, only those with the minimum qualification
of a hachelor's degree from an accredited college or university or
who have heen accepted for employment as a social worker hy a govern-
mental civil service jurisdiction or merit system shall he eligihle to
apply for a license.
Only individuals who have received a liceyise under this chapter may
use the title of the category in which they have qualified and use the
letters of the category title in connection with their name. Every indi-
vidual who styles himself hy the title of a category estahlished hy this
chapter, or who uses any words or symhols indicating , or tending to
indicate, that he has so qualified, without holding a license in good
standing, a temporary or provisional permit, or an application on file
with the Board of Social Work Examiners under this chapter, is guilty
of a misdemeanor.
9022. Every applicant for a certificate license under this chapter
shall file an application with the board, accompanied by the applica-
tion fee prescribed by this chapter.
Li^-TTi-n^-rr t-* r\ no-t ri^ ,-\~v r\ r\ nr\j'i\ t^ I -YTrr/^Vf I^J^i ' f^ It *~t 1 I l'\ /-* r\ j^ i-^- -f rr r^~T» /^ -J- -J-Art r^ TTy* \.-{-/^r\ VJ -J- ja -j- r\c^
Hk V d V 1 ugiobL/i u\,i TixjTjTvrt. \y\jL ivui nil mix tjTj rt CTcTzjtjTi ttt tttt? i^' i itcvli T^TTrrtrctTr
The application shall contain information showing that the applicant
has all the qualifications required by this chapter for admission to the
examination.
Upon application of a qualified person who meets the provisions of
this chapter, the Board of Social Work Examiners is empowered to
issue a teynporary or provisional permit pending examination. Such
permit shall expire 60 days following completion of the examination or
one year from the date of issuance. Nothing in this section shall pre-
clude the issuance of more than one provisional license to any one indi-
vidual.
36 SOCIAL WELFARE
9023. Only individuals who have the qualifications presoribed by
this chapter are eligible to take the examination.
9024. Exnminationri may he liold frt such times a«4 p^aet^ as the
board may dotormino. provided, hov/cver. 44Tat ««e cx;im!-H-H-t4f>-rt must
he held during each calendar year.
Examinations may he written or uin(ss( )nbkd and nuni he held al
such times and places as the hoard may determine; provided, however,
that at least one examination for each category shall he held during
each calendar year. All persons applying for licenses shall take the
examination required hy the hoard for that category to which their
qualifications entitle them, except that the hoard, in lieu of its own
examination may accept successful co)npletion of a social work exam-
ination in a governmental merit system or civil service jurisdiction as
meeting this requirement for the Associate Social Worker category.
All persons holding a current Registered Social Worker's Certificate
at the time this act hecomes effective shall he licensed to use the title
Graduate Social Worker without application, examination, or addi-
tional fee.
All persons not holding a current Registered Social Workers Cer-
tificate at the time this act hecomes effective, hut representing them-
selves as social workers and employed as social workers for remunera-
tion hy any recognized social agency, association, or institution, or so
employed for at least one year within the past five years, upon appli-
cation and the payment of the application fee shall he licensed without
examination until Decemher 31, 1960 in the cafegory for which they
are qualified.
After January 1, 1961, all persons applying for licensing shall he
examined in accordance tvifh this chapter and the rules and regulations
of the Board of Social Work Examiners, or shall have successfully
completed a social work examination in a governmental merit system
or civil service jurisdiction accepted hy the Board of Social Work
Examiners as equivalent to its own examination.
9025. The writtoi examinations shfdi eeve^ may include subjects
in the field of each of the following topics as these relate to the educa-
tional requirements of each category:
(a) Laws of the State of California and the United States pertain-
ing to social welfare;
(b) Historical and technical literature in the field of social welfare;
(c) Basic information in related fields of the sciences pertaining to
social welfare;
(d) Current events and developments affecting social well-being;
(e) Knowledge of social work skills and techniques ;
(/) Such other topics as the hoard may from time to time decide.
9026. The board shall issue a certificato license to each applicant
successfully passing an examination, whicli certificate license so long
as the annual renewal thereon has been paid, entitles the holder thereof
to use the title of regirjtercd social worker fHi4 te «se the letters
R.S.W. the category in ivhich he has qualified and to use the letters
descrihing the title in connection with his name.
SOCIAL WELFARE 37
9026.5 Upon application in sneh form as the board may prescribe
and payment of the application fee required by this chapter, the
board shall issue a covtifieato license without examination to any
person otherwise qualified who ftt t4ie iime ei »akm^ application «
yegi»tored shall present verified evidence of heing qualified as a social
Avorker under the laws of another state or country whose requirements
at the time such person was licensed or registered are found by the
board to have been at least equivalent to the minimum requirements in
effect in this State at the same time.
9027. The action of the board upon the acceptance and rejection
of applicants and the grading of examinations is final and not subject
to review.
Every Any applicant whose application for a ee^tificate license has
been rejected or who has failed to pass the examination may apply to
the board for a reconsideration of its action at a public hearing. The
application for reconsideration shall be filed with the board within 30
days after notice of the rejection or failure was received and only one
application for reconsideration may be filed upon any one application
for a certificate license or upon any one application for an examina-
tion.
9028. The board may suspend or revoke the eertificate license of
any person if :
(a) He is convicted of an offense involving moral turpitude;
(b) He uses intoxicating liquor or narcotic or hypnotic drugs to
such an extent that in his activities as a social worker he is likely to
endanger the health, welfare, or safety of the public;
(e)- Se is declared insane e^ incompcte«-fe-^
(4) (c) He advocates the overthrow of the government by force
and violence or other unlawful means ;
(e) {d) He has committed a dishonest or fraudulent act as a social
worker resulting in substantial injury to another.
9028.5. The proceedings for the suspension or revocation of a ee?-
tificatc license under this chapter shall be conducted in accordance with
the provisions of Chapter 5, Part 1 of Division 3 of Title 2 of the
Government Code, and the board shall have all the powers granted
therein.
9028.6. The adjitdicatiori of iyisa^nitij or mental illness, or the volun-
tary commitment or admission to a state hospital of any licentiate for a
mental illness shall operate as a suspension of the right to a license of
any license holder under this chapter, such suspension to continue until
restoration to or declaration of sanity or mental competence. The record
of adjudication, judgment or order of voluntary commitment is conclu-
sive evidence of such insanity or mental illness, and upon receipt of a
certified copy of any such adjudication, judgment, voluntary commit-
ment or order l)y the hoard it shall immediately suspend the license of
the person adjudicated or committed. The hoard shall not restore such
license to good standing until it shall receive competent evidence of
restoration to or declaration of sanity and until it is satisfied that, with
due regard for the puhlic interest, said person's license may he safely
38 SOCIAL WELFARE
remstated. Before reinstating such person, the hoard may require the
person to pass an oral examination to determine his present fitness to
resume his status as a licensed social worker.
9029. Everj^ person who willfully makes any false statement or who
impersonates any other person or permits or aids any other person to
impersonate him in connection with any application or examination is
guilty of a misdemeanor.
9030. No blind person shall be denied admission to any school of
social work, training, or admission to any examination, or denied a
Gortifioato license as a rogistorcd social worker on the ground that he is
blind.
Article 3. Kevenue
9035. Every rogistorcd licensed social worker shall pay the annual
renewal fee prescribed by this chapter. The annual renewal fee is due
and paj'able on the first day of January.
9036. Every rogir,tration license which has not been renewed before
the last day of March of each calendar year shall be considered de-
linquent and a delinquency fee of five dollars ($5) shall be added to
the renewal fee. Any person who permits the registration a license to
become delinquent may have the registration license restored only upon
the pa\Tnent of the renewal fee, plus the delinquency fee. Xo rogistorcd
social worker who permits %he registration a license to become delin-
quent for more than three years may have his registration license re-
stored without an wi'itteit examination, the scope of which shall be
determined by the board.
9037. Within 10 days after the beginning of each month, the board
shall report to the department the amoujit of all collections for the
month preceding and at the same time shall pay the amount thereof
into the State Treasury to the credit of the Kegistered Social Workers
Fund, which fund is hereby created.
9038. All sums in the Registered Social Workers Fund are appro-
priated to the board to be expended by it for the purposes of this
chapter.
9039. The amount of the fees prescribed by this chapter is within
the range fixed by the following schedule, the exact amount thereof to
be determined annually by the board upon the basis of its needs for
the proper enforcement of this chapter :
(a) The application fee is not less than five dollars ($5) nor more
than ten dollars ($10) ;
(b) The annual renewal fee is not less than three dollars ($3) nor
more than eight dollars ($8) ;
(c) The application fee for a student who has satisfactorily com-
pleted at least one year of full-time graduate study in an approved
school of social work and who is enrolled full time in an approved
school of social work shall be five dollars ($5) ;
(d) The delinquent fee for failure to pay the annual renewal fee on
or before the last day of March shall be five dollars ($5).
SOCIAL WELFARE 39
EXHIBIT "C"
ESTIMATED NUMBER OF SOCIAL WORKERS IN CALIFORNIA-1958 '
Type of agency Numher Pcrccniuyc
1. Family Service
(a) Tublic 4,495 35.4
(b) Private 558 4.4
2. Child Welfare* 1,562 12.3
3. School t 112 .9
4. Medic;il-Psychiatrict !»27 7.3
5. Group t 1,004 7.9
6. Comnuniity Organizations % 279 2.2
7. Probation — Parole f 3,600 28.4
8. Teaching* 8!) .7
9. Research * 5(5 .4
Total 12,682 100.0
t Mostly Public 9134 72.0
t Mostly Private 1841 14.5
* Mixed 1702 13.5
^ From "Number of Social Wo7-kers in California" Bureau of Personnel, State Depart-
ment of Social Welfare, l-lJi-59.
printed in California state printing office
L-3644 2-59 1,500
REPORT OF THE
SENATE INTERIM COMMITTEE ON SOCIAL WELFARE
THE MEDICAL CARE
PUBLIC ASSISTANCE
FOR
CIPIENTS
Part Eight
MEMBERS OF THE COMMITTEE
JOHN A. MURDY, JR., Chairman Santa Ana
STANLEY ARNOLD, Vice Chairman Susanville
J. WILLIAM BEARD El Centre
STEPHEN P. TEALE West Point
ANDREW W. OPPMANN, JR., Executive Secretary
mm^
Published by the
SENATE
OF THE STATE OF CALIFORNIA
1959
GLENN M. ANDERSON
President of the Senate
HUGH BURNS
President pro Tempore
JOSEPH A. BEEK
Secretory
CONTENTS
Page
Letter of Transmittal 5
Introduction 7
Kecommendations 9
Findings 16
Appendix
Exhibit A 25
Table I — Inpatient Services, County Hospitals.
Table II — Outpatient Services, County Hospitals.
Table III — Agency Determining Financial Eligibility, Maxi-
mum Allowable Resources, and Other Conditions of Admis-
sion, County Hospitals.
Exhibit B 32
Table I — County Welfare Costs.
Table II — Population, Per Capita Income, Welfare Caseloads,
and Recipient Rates of Counties.
Exhibit C 36
State Medical Programs in California.
Exhibit D 37
California Medical Association Resolution.
Exhibit E 38
List of Persons Who Testified at Public Hearings.
Summary of Testimony 40
(3)
LETTER OF TRANSMITTAL
Senate Chamber, State Capitol
Sacramento, California, June 10, 1959
Hon. Glenn M. Anderson
President of the Senate
Senate Chamber, State Capitol
Sacramento, California
Mr. President : Pursuant to Senate Resolution No. 156, read and
adopted June 12, 1957, at the Regular Session of the Legislature, the
Senate Interim Committee on Social Welfare submits a partial report
with findings and recommendations on the medical care program for
Public Assistance Recipients.
The committee gratefully acknowledges the fine co-operation extended
to it by the various medical practitioner groups involved ; individuals,
both lay and professional, interested in the program ; and staff mem-
bers of the county welfare departments, the State Department of Social
Welfare and private welfare agencies. Of outstanding assistance to
the committee and its staff have been Margaret Greenfield, Bureau of
Public Administration, University of California, and James 11. Bowliay,
Legislative Budget Committee.
Respectfully submitted.
John A. Murdy, Jr., Chairman
Stanley Arnold, Vice Chairman
J. William Beard
Stephen P. Teale
(5)
INTRODUCTION
The Senate Interim Committee on Social Welfare has maintained
a vital interest in the Medical Care Program for Public Assistance
Recipients since the introduction of Assembly Bill No. 679 in the 1957
Legislative Session. The committee's members have consulted with their
local medical practitioners and organizations, welfare departments and
recipients. Committee staff has worked with many of the county wel-
fare departments and the State Department of Social Welfare.
In addition to a public meeting in Sacramento, January 13, 1958,
with the state and county administrators of the program, the committee
held five public hearings, accepting testimony from 58 witnesses, as
follows :
Los Angeles — June 24 and 25, 1958.
San Diego— June 26, 1958.
San Francisco — July 7 and 8, 1958.
In October, 1958, a progress report was published, submitted to the
Legislature, and made available to all interested parties. This report
briefly outlined the history of the program, problem areas which had
developed, and the committee's conclusions to that date.
(7)
INTRODUCTION
The Senate Interim Committee on Social Welfare has maintained
a vital interest in the Medical Care Program for Public Assistance
Recipients since the introduction of Assembly Bill No. 679 in the 1957
Legislative Session. The committee's members have consulted with their
local medical practitioners and organizations, welfare departments and
recipients. Committee staff has worked with many of the county wel-
fare departments and the State Department of Social Welfare.
In addition to a public meeting in Sacramento, January 13, 1958,
with the state and county administrators of the program, the committee
held five public hearings, accepting testimony from 58 witnesses, as
follows :
Los Angeles — June 24 and 25, 1958.
San Diego— June 26, 1958.
San Francisco — July 7 and 8, 1958.
In October, 1958, a progress report was published, submitted to the
Legislature, and made available to all interested parties. This report
briefly outlined the history of the program, problem areas which had
developed, and the committee's conclusions to that date.
(7)
RECOMMENDATIONS
The Senate Interim Committee makes the foUowins: recommendaticms
relative to the Medical Care Program for Pnblio Av-v '/! .ts:
1. Based upon the information revealed by r^^. _ its
public hearinirs, this committee recommends the cvi;;;iiii«;iou oi the
Medical Care Program for Public Assij;tance Kecipients.
*J. Enactment by the Le$:islatnre of Senate Bill Xo, 515. This would
not only provide a uniform method of pa^■ment for ser\-ic^ renders!
under the Medical Care Prosrnuu. but also would eliminate much ev*stly
red tape. Futhermore, such enactment would prv»mote the -"--"•-" of
the Legislature that the Mevlical Care Program serve as a: W
means of providing medical care and not as a subvention oi existing
means,
3. Enactment by the Legislature of Senate Bill Xo. 1057. which r^
quires all bills for care rendered be submitted not later than two months
following the month of service.
4. The Legislature should adopt a resolution directing the State
Social Welfare Board and the State Department of Social "VTelfare to
comply with the recommendations of the Interdepartmental Medical
Fee Committee.
5. The State Depirtment of Social Welfare should explore the pos-
sibilities of making payment for services rendered! under the ptvgram
by all public mevlical facilities on a cost basis. Findings should be
reported to the Legislature not later than January 4, 1%0.
6. The State Department of Sooial Welfare and the counties should
give serious consideration to the necessity of providing up-to-date eligi-
bility information to medical practitioners by issuing nionthly identifi-
cation carvls with recipients' warrants.
7. The State Senate should adopt a resolution reijuesting a compre-
hensive legislative interim studN* of the multitude of govenunental mcvi-
ical care pn^grams. Chief among the results of such a stud\- should be
recommendations on co-ordinating the activities, organization, and
financinsT of state administered or financed pn>grams.
(t)
10 SENATE INTERIM COMMITTEE ON SOCIAL WELFARE
LEGISLATION
SENATE BILL NO. 515
As Amended in the Senate April 27, 1959
An act to add Sections 2020.003, 3084.05, and 4604.5 to, and
to repeal Section 4576 of, the Welfare and Institutions Code,
relating to medical services to public assistance recipients.
The people of the State of California do enact as follows:
1 Section 1. The intent of this act is to simplify the admin-
2 istration of the medical care program as provided by Chapter 1
3 of Part 3 of Division 5 of the Welfare and Institutions Code
4 and to extend to public assistance recipients authorized to re-
5 ceive care under that chapter the full amount of medical care
6 which can be obtained by the funds made available for such
7 purpose by that chapter and the special need provisions of each
8 of the public assistance programs set forth in Section 4501 of
9 that chapter.
10 It is not the intent of this act to increase the total amount
11 of public funds authorized for expenditure by the public as-
12 sistance laws which apply upon the effective date of this act.
13 The sole purpose of this act is to provide a plan which elimi-
14 nates costly recordkeeping and separate case determinations
15 which must now precede the determination of the fund source
16 from which payment is to be made for medical services re-
17 ceived by public assistance recipients.
18 Sec. 2. Section 2020.003 is added to said code, to read :
19 2020.003. The county shall pay monthly into the County
20 Medical Care Revolving Fund, established by Section 4604.5
21 of this code, on behalf of each recipient to whom the county
22 pays aid under this chapter, an amount to be determined by
23 the State Department of Social Welfare on the basis of the
24 statewide average amount of income or supplemental aid under
25 Section 2020.002 available to recipients to pay for medical
26 care services within the policies and scope of services estab-
27 lished pursuant to Chapter 1 (commencing at Section 4500)
28 of Part 3 of Division 5 of this code.
29 The department shall determine the rate of payment under
30 this section on the basis of a caseload sample. The sample shall
31 be selected to reflect accurately the amount of grant which
32 would have been paid to recipients for medical care if such
33 care had been financed by payments to recipients under this
34 chapter. In computing the rate of payment any bill for service
35 rendered to the recipient during the month the sample is
36 taken shall be excluded if the amount of grant available is
37 not sufficient to defray in full the amount of such bill. The
38 rate of payment shall be reviewed upon the expiration of each
39 six-months' period or upon a change in the scope of services
40 under Chapter 1 (commencing at Section 4500) of Part 3 of
SENATE INTERIM COMMITTEE ON SOCIAL WELFARE 11
1 Division 5 of this code, whichever occurs first. Where the
2 facts indicate the necessity tlierefor, a new rate shall be estab-
3 lished. The samplino- methods used by the department pur-
4 snant to this section, and the rates of payment derived there-
5 from, shall be subject to review by and the approval of the
6 State Department of Finance before such rates of payment
7 are put into effect.
8 No item of medical care for which payment may be made on
9 behalf of a recipient under Chapter 1 (commencing at Section
10 4500) of Part 3 of Division 5 of this code shall be considered a
11 special need under this chapter.
12 Payments made by a county into the county medical care
13 revolving fund under this section shall be considered payments
14 of aid made pursuant to this chapter for purposes of county
15 claims for reimbursement under Sections 2187 through 2189
16 of this code.
17 Sec. 3. Section 3084.05 is added to said code, to read :
18 3084.05. The county shall pay monthly into the county
19 medical care revolving fund, established by Section 4604.5 of
20 this code, on behalf of each recipient to whom the county pays
21 aid under this chapter, an amount to be determined by the
22 State Department of Social Welfare on the basis of the state-
23 wide average amount of income under Section 3084 available
24 to recipients to pay for medical care services within the pol-
25 icies and scope of services established pursuant to Chapter 1
26 (commencing at Section 4500) of Part 3 of Division 5 of this
27 code.
28 The department shall determine the rate of payment under
29 this section on the basis of a caseload sample. The sample shall
30 be selected to reflect accurately the amount of grant_ which
31 would have been paid to recipients for medical care if such
32 care had been financed by payments to recipients under this
33 chapter. In computing the rate of payment any bill for services
34 rendered to the recipient during the month the sample is taken
35 shall be excluded if the amount of grant available is not suffi-
36 cient to defray in full the amount of such bill. The rate of
37 payment shall be reviewed upon the expiration of each six-
38 months' period or upon a change in the scope of services under
39 Chapter 1 (commencing at Section 4500) of Part 3 of Divi-
40 sion 5 of this code, whichever occurs first. Where the facts
41 indicate the necessity therefor, a new rate shall be established.
42 The sampling methods used by the department pursuant to
43 this section, and the rates of payment derived therefrom, shall
44 be subject to review by and the approval of the State Depart-
45 ment of Finance before such rates of payment are put nito
46 effect. ^ ^
47 No item of medical care for which payment may be made on
48 behalf of a recipient under Chapter 1 (commencing at Section
49 4500) of Part 3 of Division 5 of this code shall be considered a
50 special need under this chapter.
12 SENATE INTERIM COMMITTEE ON SOCIAL WELFARE
1 Payments made by a county into the county medical care
2 revolving fund under this section shall be considered payments
3 of aid made pursuant to this chapter for purposes of county
4 claims for reimbursement under Sections 3087 through 3087.3
5 of this code.
6 Sec. 4. Section 4576 of said code is repealed.
7 Sec. 5. Section 4604.5 is added to said code, to read:
8 4604.5. Each county shall establish a special medical care
9 revolving fund for payment of medical care bills rendered for
10 services granted to recipients authorized to receive services
11 provided by this chapter.
12 Funds advanced to the county by the State pursuant to
13 Section 4604 of this code and funds deposited pursuant to
14 Sections 2020.003 and 3084.05 of this code shall be deposited
15 in such fund. Funds so deposited shall be held in trust for the
16 sole purpose of paying for medical services provided under
17 this chapter and shall only be withdrav^n for this purpose.
18 However, advance withdrawals may be made by any county
19 which has a contract with a corporation or association pursu-
20 ant to Section 4554 of this code; provided, such corporation or
21 association provides an indemnity bond in the amount of any
22 funds so advanced.
23 Sec. 6. This act shall become operative October 1, 1959.
SENATE BILL NO. 1057
1 An act to add Section 4601.5 to the Welfare and Institutions
2 Code, relating to medical services to public assistance re-
3 cipients.
4
5 The people of the State of California do enact as follows:
6
7 Section 1. Section 4601.5 is added to the Welfare and
8 Institutions Code, to read :
9 4601.5. Itemized bills for service under this chapter shall
10 be submitted not more than two months after the month in
11 which the service is rendered.
SENATE CONCURRENT RESOLUTION NO. 80
Relafive to fhe recommendations of the Interdepartmental
Medical Fee Committee
1 Whereas, There was formed in 1958, on the request of the
2 Legislature, an Interdepartmental Medical Fee Committee;
3 and
4 Whereas, This committee is made up of representatives of
5 those state agencies responsible for the administration of the
6 various state administered or financed medical care programs
7 and is chairmanned by a representative from the Department
8 of Finance ; and
SENATE INTERIM COMMITTEE ON SOCIAL WELFARE 13
1 Whereas, At the direction of the Legislature this committee
2 has been studying the fees paid for services rendered under
3 these various programs, tlie reasons for variences among or
4 between fee schedules, and developing criteria for establishing
5 fees and making adjustments in them ; and
6 Whereas, The Medical Care Program for Public Assistance
7 Recipients, administered by the State Social Welfare Board
8 and the State Department of Social Welfare, is a state pro-
9 gram of major importance in both fiscal size and number of
10 participating medical vendors and has a bearing on the fees
11 paid under private medical insurance plans ; and
12 Whereas, Unlike the other major state medical programs
13 the fee schedules adopted for the Medical Care Program for
14 Public Assistants Recipients are neither under budgetary re-
15 view and control by the Legislature nor need approval by the
16 State Department of Finance; and
17 Whereas, The fee schedules as adopted in 1957 for the
18 Medical Care Program for Public Assistance Recipients were
19 higher in many instances than other programs' schedules and
20 resulted in requested budget increases for higher fees in other
21 major state programs without adequate justification or uni-
22 f ormity in both 1958 and 1959 ; now, therefore, be it
23 Resolved hy the Senate of the State of California, the
24 Assembly thereof concurring, That the Interdepartmental
25 Medical Fee Committee study the fee schedules utilized in the
26 Medical Care Program for Public Assistance Recipients and
27 make recommendations based on such study to the State
28 Social Welfare Board and the State Department of Social
29 Welfare ; and be it further
30 Resolved, That the State Social Welfare Board and the State
31 Department of Social Welfare comply with such recommen-
32 dations; and be it further
33 Resolved, That copies of such recommendations and any and
34 all ensuing action be promptly forwarded to the Committees
35 on Rules of both the Senate and Assembly for referral to the
36 proper interim committees; and be it further
37 Resolved, That the Secretary of the Senate is directed to
38 send a copy of this resolution to the State Social Welfare
39 Board, the State Department of Social Welfare, and the Inter-
40 departmental Medical Fee Committee.
14 SENATE INTERIM COMMITTEE ON SOCIAL WELFARE
SENATE RESOLUTION NO. 127
By Senators Murdy, Arnold, Beard, and Teale
(Senate Interim Committee on Social Welfare)
Relative to the study of government administered and Financed
medical care programs
1 Whereas, Approximately $200,000,000 in state funds and
2 $125,000,000 in county funds is expended annually in Cali-
3 f ornia for government-financed medical care ; and
4 Whereas, The Federal Government contributes annually
5 approximately $8,000,000 to these programs and spends many
6 millions more in California for federal medical care pro-
7 grams; and
8 Whereas, Ten state agences administer more than twenty
9 different medical care programs; and
10 Whereas, Millions of persons in California are recipients
11 of government-financed and administered medical care ; and
12 Whereas, No inventory of such medical programs exists,
13 and the operation of the programs is characterized by a lack
14 of co-ordination of activities, defects in organization and fi-
15 nancing, and failure to make adequate provision for inter-
16 agency problems; and
17 Whereas, These conditions are detrimental to the citizens
18 of California dependent on such government-administered and
19 financed medical care, and work hardships on persons render-
20 ing medical services, particularly private physicians; and
21 Whereas, The number and complexity of the problems in-
22 volved in this area of government make imperative the under-
23 taking of intensive study whereby the Legislature may estab-
24 lish a basis for the formulation of plans and programs for the
25 more effective administration of all of government-admin-
26 istered and financed medical care ; now, therefore, be it
27 Resolved hy the Senate of the State of California, That the
28 Committee on Rules is directed to assign to an appropriate
29 interim committee for study the subject of the governmental-
30 administered and financed medical care programs in Cali-
31 f ornia ; and be it further
32 Resolved, That such study shall include, but shall not be
33 limited to, an inventory of all government-administered and
34 financed medical care programs operative within the State, the
35 scope of services rendered in each instance, the organization,
36 legal basis, and method of financing of these programs, and
37 their effect upon and relationship to available private medical
38 care, from both the physician's and the patient's point of
39 view; and be it further
40 Resolved, That special emphasis shall be given to the prob-
41 lem of co-ordinating the activities, organization, and financing
42 of the various medical care programs administered and fi-
43 nanced in whole or in part by the State of California; and
44 be it further
SENATE INTERIM COMMITTEE ON SOCIAL WELFARE 15
1 Besolvcd, That the committee to which the study is so as-
2 signed is authorized and directed to ascertain, study, and
3 analyze all facts relative to that subject and to the desirabil-
4 ity of, or the necessity for, legislation to improve the efficiency
5 and effectiveness of such medical care programs, and to report
Q thereon to the Senate at the commencement of the 1961 Reg-
7 ular Session, including in its report its recommendations for
8 appropriate legislation.
FINDINGS
In this section the committee will outline its findings regarding the
Medical Care Program for Public Assistance Recipients by following
the same subject order as in its recommendations (p. 9).
I. NEED FOR PROGRAM
Much criticism has been leveled against the Medical Care Program
on the grounds that the medical needs of Public Assistance Recipients,
both for services and drugs, were being met adequately before its enact-
ment. This has generally been stated with reference to specific cases
receiving categorical aid or to an individual county in citing its par-
ticular plan of caring for the medically indigent.
In reappraising the decision by the 1957 Legislature that more ade-
quate medical care was needed by State welfare recipients, the com-
mittee considered two basic factors:
(a) The care which had been available to recipients, and
(b) The overall ability of the individual counties to furnish such
care.
[a] Prior to October 1, 1957, four means existed for needy persons
on State public assistance to obtain medical service : at county facili-
ties; paj^ment for from outside income; payment for from money
granted for food, clothing or shelter; or charity from private prac-
titioners.
The medical professions have historically rendered care to many
needy persons free of charge or at reduced rates. This was impossible
for the committee to prove by any empirical evidence, but without
exception the testimony offered agreed with the premise. The committee
was impressed, however, by testimony which indicated doctors in many
instances did not recognize these financially dependent patients.
"If an individual, covered under Old Age Security, presented
himself for care, it was often that we were not aware of the fact
that he was receiving aid." 0. C. Railsback, M.D., San Francisco
hearing, July 8, 1958.
"This program (the special needs provisions under 0. A. S. and
A. N. B.) worked without a hitch and for many years the doctors
did not know which of their patients were on the welfare pro-
gram." Robert M. Zinky, M.D., San Franisco hearing, July 8,
1958.
"Many of the times in my office * * * you would never know
whether a patient was on welfare or not and, obviously, you
charged them p^our) usual fees." Mortin Hutchison, M.D., San
Francisco hearing, July 7, 1958.
"We found, as many other doctors did, that patients who pre-
viously were paying us, they appeared with white cards under this
program (The Medical Care Program)." Burke E. Schoensee,
M.D., San Francisco hearing, July 7, 1958.
(16)
SENATE INTERIM COMMITTEE ON SOCIAL WELFARE 17
It is difficult to estimate the number of recipients who obtained
needed medical service by using money granted for food, clothing or
shelter. California's unique ''special needs" provision, which allows
Old Age Security and Aid to Needy Blind recipients to keep income
outside of the grant if it is needed, did, however, provide a major meas-
urable service of payment for medical care. Two-thirds of the' Old Age
Security recipients had both income outside of the grant and recognized
needs. In 46.1 percent of this number, 26.8 percent of the total Old Age
Security caseload, these needs were medical, primarily physician serv-
ices and drugs. Of the Aid to Needy Blind recipients, 43.7 percent
had outside income.
The major statistical weakness of California's ''special needs" con-
cept prior to October, 1957, was that recipients could only meet those
needs in addition to the basic needs provided for in the grant if they
had income. The additional needs of recipients who had no income
(31.9 percent in Old Age Security and 56.3 percent in Aid to Needy
Blind) are generally not known because there were no resources with
which to meet them.
The fourth source of medical care available to state welfare recipi-
ents prior to the enactment of the Medical Care Program were county
facilities. A variety of plans had been operated bj^ many of the coun-
ties. Particular emphasis was put on in-patient, or hospital, care. Out-
patient care was generally developed as a supplemental service given
at the county hospital.
Under Exhibit A, Tables I and II, Appendix, give a county-by-
county breakdown of services available in August, 1957, at county
hospitals to both in-and-out-patients. Briefly this data reveals that :
1. Forty-seven counties maintained county hospitals. The 11 remain-
ing small counties purchased in-patient medical and surgical services
from private or district hospitals.
2. Very few counties offered home or office calls but most did have
some type of clinic service.
3. Only 11 counties offered physician services beyond the immediate
vicinity of the county hospital.
4. Drugs for out-patients were provided in nearly all counties, either
through the clinics, welfare departments, or county physicians.
5. Out-patients services were available in most counties either at the
county clinics or through county physicians. Individual counties, how-
ever, had many gaps in the services offered.
Table III in Exhibit A shows the financial eligibility requirements
for county supplied medical care. This varies widely among the coun-
ties. In many instances, such maximum allowable resources were more
restrictive than those for State aid. Many Old Age Security and Aid
to Needy Blind and Aid to Needy Children recipients, therefore, were
ineligible for care unless they reduced the value of personal and/or
real property possessions.
[b] The second factor considered by the committee in reappraising
State Welfare recipients ' need for more adequate medical care was the
overall ability of the individual counties to furnish such care. Exhibit
B, Table I, Appendix, indicates the net welfare expenditures of each
18 SENATE INTERIM COMMITTEE ON SOCIAL WELFARE
county. This net cost is broken down both on a per capita basis and
as a percentage of the county's assessed valuation. The charts on page
18 and 19 show the number of counties which fall into each cost range
for these two breakdowns. Exhibit B, Table II, Appendix, reveals the
welfare caseloads and proportion of population receiving public as-
sistance for each county.
This committee concludes from data presented here and from the
testimony given to it that :
(1) The many welfare recipients who depended on obtaining medical
care from charitable private practitioners, from grant money, and
from outside income were in need of a more positive level of medical
services.
(2) The medical care rendered by the counties was, in many in-
stances, either inadequate and/or unavailable, both geographically and
eligibility-wise, to state welfare recipients.
(3) Many counties could not expand fully enough their medical
services to provide more adequate care to these recipients without
either drastically reducing other necessarj^ county services or running
the risk of financial ruin.
This committee, therefore, finds a widespread need for an additional
means of rendering medical services to State welfare recipients and
recommends the continuation of the Medical Care Program for Public
Assistance Recipients.
COST OF NET COUNTY WELFARE EXPENDITURES
1956-57 FISCAL YEAR
J 5 Per Capita Cost
I
3
$1.00-
$3.00-
$4.00-
$5.00-
$6.00-
$7.00-
$8.00-
$9.00-
$10.00-
1.99
3.99
4.99
5.99
6.99
7.99
8.99
9.99
and over
SENATE INTERIM COMMITTEE ON SOCIAL WELFARE 19
20 Percentage of Assessed Valuation
15
10
16
13
11
3
I
I
000-
.100-
.200-
.300-
.400-
.500-
.600-
.900-
1.00-
099
.199
.299
.399
.499
.599
.699
.999
1.099
II. ENACTMENT OF SENATE BILL NO. 515
Under the Medical Care Program, public assistance recipients with
unallocated outside income (income other than the cash grant) sufficient
to pay for a doctor's bill are issued a supplemental warrant to do so.
In this instance the check is made payable to the recipient. For recipi-
ents without outside income or with unallocated additional income not
sufficient to meet the full bill, payments are made directly to the doctor.
This system of dual payments has been confusing to both recipients
and practitioners. Aiid the county agencies must go through the costly
process of crosschecking bills and recipient files each month to de-
termine source of payment. All three groups — recipients, practitioners,
and the state and county welfare departments advocate a single method
of payment. Although amendments necessary to permit a single method
of payment were passed on the federal level in August, 1958, state
legislation is still needed.
Senate Bill No. 515 has been introduced to provide for one source of
payment and to eliminate much of the complicated procedures cur-
rently required.
III. ENACTMENT OF SENATE BILL NO. 1057
Although the State Social Welfare Board initially adopted a regula-
tion stating that practitioners should submit bills no later than 10 days
following the month of service, only about 70 percent of the medical
20 SENATE INTERIM COMMITTEE ON SOCIAL WELFARE
and dental billings are received within 30 days following the month of
service. The only method to determine the exact amount of Trust
Fund obligation is from these statements. In May, 1959, this regulation
was amended to provide that statements received later than 60 days
following the mouth of service would not be paid unless the delay was
caused by circumstances bej'ond the practitioner's control or he was
not mailed a written notice of this regulation. Dentists, under this re-
vision, are permitted to delay their statements until the course of treat-
ment is completed.
The passage of Senate Bill No. 1057, which requires all statements
to be submitted not later than two months following the month of
service, is needed support for the recent regulation change.
IV. ADOPTION OF SENATE CONCURRENT RESOLUTION NO. 80
Exhibit C, Appendix, is a partial listing of the medical programs
financed or administered by the State of California. Each agency ad-
ministering any of these programs which makes fee payments for
medical services rendered has been delegated the authority by the
Legislature to establish fee schedules. Historically these fee schedules
have been drawn up by common agreement between the agency and the
participating medical group. While the Legislature has not assumed
an active role in this fee setting, it has retained fiscal control of all but
one of these programs through budgetary review. The one exception,
prior to October, 1957, was the special needs program in Old Age
Security and Aid to the Needy Blind.
In October, 1957, however, another exception of major importance
was added ; the Medical Care Program for Public Assistance Kecipients.
The fee schedule adopted by the State Social Welfare Board at the
recommendation of the State Department of Social Welfare for the
Medical Care Program was higher for many services than those same
services rendered under the other major state programs, Vocational
Rehabilitation and Crippled Children's Services. As a result, both of
these latter programs requested increased funds in 1958 so they could
bring their fee schedules up to the level of that used in the Medical
Care Program. Although the Legislature deleted these increases and
requested that a study of the various schedules be conducted and recom-
mendations made by the Interdepartmental Medical Fee Committee,
nothing was done to correct the spiraliug effect prompted by the
Medical Care Program where neither the Legislative nor the Depart-
ment of Finance can even indirectly exert control and some degree
of uniformity.
Senate Concurrent Resolution No. 80 will alleviate this situation by
directing the Interdepartmental Medical Fee Committee to study and
make recommendations to the State Social Welfare Board and the
State Department of Social Welfare on the Medical Care Program's
schedule, and by directing the board and the department to follow
those recommendations. It is anticipated by this committee that Senate
Concurrent Resolution No. 80 will merely be the first step in effecting
greater co-ordination of the various state financed or administered
medical care programs (see Recommendation No. 7, Senate Resolu-
tion 127).
SENATE INTERIM COMMITTEE ON SOCIAL WELFARE 21
V. PAYMENT TO PUBLIC MEDICAL FACILITIES ON A COST BASIS
Under regulation adopted by the State Social Welfare Board, services
rendered under the Medical Care Program at public clinics are to be
paid for at no more than three-quarters of the rate paid private prac-
titioners. If, however, no donated services from private practitioners
are used in teaching facilities or nonprofit associations, they may re-
ceive the full rate paid private practitioners.
The committee sees no reason why payment for services rendered at
public medical facilities should exceed the actual cost of supplying
them. This is particularly applicable to drugs and medical supplies.
Regulations are already established which limit payments to other
practitioners, such as visiting nurses, to actual cost as determined by
certified public accountants. Therefore the committee recommends that
the State Department of Social Welfare explore the possibility of basing
all fees to public medical facilities on an actual cost basis.
VI. ELIGIBILITY INFORMATION
Section 142 of the AVelfare and Institutions Code prescribes that an
identification card shall be given to all recipients for the purpose of
''expediting the admission of needy persons requiring hospitalization
and first aid treatment * * *". This card has been adapted on a state-
wide basis for use in the Medical Care Program.
THIS CARD GOOD ONLY DURING
OAS
Tear off here MAY 19 5 8
Always tate this
Sclor- s'Sfioe or Eligible FersorTTsT
Drug Store. You
mist show it EVERY
time you go there.
A new card will be
issued to you each
month if you
continue eligible
for Aid payments
MEDICAL CARE PROGRAM
Show this card immediately when you go to a Doctor's office or to a drug ttoTOb
EACH DOCTOR HAS THE RIGHT TO DETERMINE WHOM HE WILL ACCEPT
FOR CARE. THIS CARD IS NOT TRANSFERABLE.
SUTTER County Welfare Department — Yuba City, Calif.
Several counties, nevertheless, have issued another card to recipients,
generally along with each month 's check. The illustrations above and on
the following page show two of these. The advantage of these supple-
mental cards is that they have a specific expiration date, thus insuring
the medical practitioner that the bearer is, in fact, eligible for treatment
under the program that month. This eliminates any necessity to phone
the county welfare department to determine eligibility.
The principle of this type of monthly card would seem to be equally
adaptable to all counties. Because of its obvious value to practitioners,
recipients (who could receive care more promptly), and the welfare
departments (in reducing the number of inquiries concerning eligibil-
ity), the committee recommends that the State Department of Social
22 SENATE INTERIM COMMITTEE ON SOCIAL WELFARE
THIS CARD GOOD ONLY DURING
Type of Aid
ANC
APRIL 1958
IMPORTANT — Only those persons named on reverse side
are eligible fox medical care. CASE NUMBER
Payee:
MEDICAL CARE PROGRAM
Show this card immediately when you go to a Doctor's Office or to a Drug Store.
EACH DOCTOR HAS THE RIGHT TO DETERMINE WHOM HE WHJL ACCEPT
FOR CARE. THIS CARD IS NOT TRANSFERABLE.
YUBA County Welfare Department — Marysville, Calif.
Tear off here. Always take this card to the Doctor's Office or Drug Store, lou must
show it EVERY time you go there. A new card will be issued to you each month,
if you continue eligible for Aid payments.
"Welfare consider the desirability of requiring all counties to issue such
a monthly identification card with recipients' warrants.
VII. ADOPTION OF SENATE RESOLUTION NO. 127
The text of Senate Resolution 127 is self-explanatory. When it is cor-
related with Exhibit C, Appendix, the vast range of governmental
medical care programs can begin to be realized. While studying the
Medical Care Program for Public Assistance Recipients, this commit-
tee has been impressed by the need for co-ordination of the activities,
organization and financing of the many state programs.
APPENDIX
SENATE INTERIM COMMITTEE ON SOCIAL WELFARE
25
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Mix IX XXX IX I XXXIX
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SENATE INTERIM COMMITTEE ON SOCIAL WELFARE
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SENATE INTERIM COMMITTEE ON SOCIAL WELFARE
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28
^3f ATE ENTESIM COmfTTTEE OX SOCIAL WELFASE
8
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SENATE INTERIM COMMITTEE ON SOCIAL WELFARE
29
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30
SENATE INTERIM COMMITTEE ON SOCIAL WELFAEE
•- = = 3
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SENATE ESTTERIM COMMITTEE ON SOCIAL WELFABE 31
32
SENATE INTERIM COMMITTEE ON SOCIAL WELFARE
EXHIBIT B
TABLE 1
COUNTY WELFARE COSTS, 1956-57 FISCAL YEAR
Net county Percent of
expenditures Per capita assessed
for ivelfare ' cost value '
Alameda $5,868,034 $6.71 .480
Alpine 6,681 16.70 .235
Amador 47,649 5.29 .130
Butte 592,185 8.17 .428
Calaveras 63,323 6.74 .305
Colusa 75,444 6.34 .166
Contra Costa 2,400,373 6.73 .341
Del Norte 118,178 6.16 .490
El Dorado 150,857 7.51 .335
Fresno 2,623,692 7.79 .341
Glenn 61,803 3.59 .133
Humboldt 595,561 6.00 .442
Imperial 309,587 4.43 .282
Inyo 145,051 12.09 .465
Kern 1,474,305 5.39 .198
Kings 318,244 6.74 .289
Lake 313,538 27.75 1.04
Lassen 68,214 4.64 .288
Los Angeles 30,772,832 5.50 .321
Madera 385,323 10.03 .483
Marin 567,401 4.41 .313
Mariposa 118,181 26.26 1.04
Mendocino 395,781 7.13 ..541
Merced 376,062 4.33 .265
Modoc 45,729 5.03 .205
Mono 14,625 5.63 .074
Monterey 565,561 3.09 .170
Napa 460,571 7.59 .671
Nevada 141,1.31 7.75 .587
Orange 973,156 1.90 .097
Placer 235,2.51 4.74 .255
Plumas 61,092 5.30 .106
Riverside 1,255,534 5.20 .284
Sacramento 2,808,371 6.59 .515
San Benito 69,630 4.49 .150
San Bernardino 2,130,689 4.89 .297
San Diego 3,863,225 4.29 .352
San Francisco 4,386,047 5.65 .347
San Joaquin 1,349,522 5.66 .323
San Luis Obispo 553,818 9.03 .387
San Mateo 1,635,665 4.33 .241
Santa Barbara 627,615 5.41 .195
Santa Clara 3,268,373 6.20 .371
Santa Cruz 538,360 7.61 .418
Shasta 310,968 6.35 .254
Sierra 20,872 8.70 .383
Siskiyou 172,858 5.51 .303
Solano 472,440 4.03 .319
Sonoma 784,627 5.57 .351
Stanislaus 1,101,015 7.44 .482
SENATE INTERIM COMMITTEE ON SOCIAL WELFARE
33
TABLE I— Continued
COUNTY WELFARE COSTS, 1956-57 FISCAL YEAR
Net county Percent of
expenditures Per capita assessed
for tvelfare ^ cost value '
Sutter 260,316 8.68 .425
Tehama 109,939 5.00 .234
Trinity 104,441 13.22 .905
Tulare 1,118,022 7.54 .469
Tuolumne 110,501 7.31 .319
Ventura 704,955 4.32 .187
Yolo 258,839 4.59 .230
Yuba 197,952 7.33 .447
All Counties $78,541,504 5.55 .323
1 Net cost to counties for:
State rcQuired grants-in-aid and supplimentations of these, general relief, and administration of the above
plus adoptions, lioarding home licensing and inspections, and other county welfare services.
- Ritios of assessments to market values have been adjusted to 23.7% for all counties.
2— L- 48 5 6
34 SENATE INTERIM COMMITTEE ON SOCIAL VTELFAKE
TABLE il
CALIFORNIA COUNTIES: ESTIMATED POPULATION, AVERAGE PER CAPITA INCOME,
AVERAGE NUMBER RECEIVING PUBLIC ASSISTANCE, AND PROPORTION
RECEIVING ASSISTANCE PER 1,000 POPULATION, 1957
Per capita
County Population ' income - Welfare load "■ Recipient rate *
Alameda 873,900 $2,598 34.860 39
Alpine 400 2.353 32 80
Amador 9.000 1,901 390 43
Butte 72.500 2.099 5.620 77
Calaveras 9,400 1,969 564 60
Colusa 11.900 3.020 708 59
Contra Costa 356.700 1.768 14.024 39
Del Xorte 19.200 1,847 474 24
El Dorado 20.1(K) 1.687 1.014 50
Fresno 336,800 2,059 19,789 58
Glenn 17.200 2,509 564 32
Humboldt 99.200 2.122 3.830 38
Imperial 69.900 2.264 2,493 35
Invo 12.000 2.246 506 42
Kern 273,400 2,236 12,042 44
Kings 47.200 1,906 2,553 54
Lake 11.300 1.726 1..362 120
Lassen 14.700 2.094 539 36
Los Angeles 5,598.300 2.693 195.068 34
Madera 38,400 1,886 3,610 94
Marin 128,800 2,306 2,023 15
Mariposa 4,500 2,578 367 81
Mendocino 55,500 1,854 2.343 42
Merced 86,900 1,863 3,808 43
Modoc 9,100 2,284 379 41
Mono 2.600 1.756 73 28
Monterey 182.900 2.204 4.133 22
Xapa 60.700 1,608 2,035 33
Nevada 1S.200 1.554 1,350 74
Orange 511,400 1,723 8,378 16
Placer 49.600 1.753 2,020 40
Plumas 11.700 2,179 407 34
Riverside 241.300 2.003 11.207 46
Sacramento 427,100 2,400 17,988 42
San Benito 15,500 1,869 537 34
San Bernardino 435,700 1.952 17.986 41
San Diego 900.400 2.216 22.369 24
San Francisco 776,000 3.470 28.375 36
San Joaquin 238.400 2.072 11.230 47
San Luis Obispo 61,300 2,018 4,193 68
San Mateo 378,100 2,628 7,081 18
Santa Barbara 116.000 2.151 4,425 38
Santa Clara 527.500 2.069 15.780 29
Santa Cruz 70.700 1.832 4,580 64
Shasta 49,000 1,974 2358 48
Sierra 2.400 2,263 100 41
Siskiyou 31.400 2.229 1,364 43
Solano 117,200 2.319 1,769 15
Sonoma 140.800 1,711 6.145 43
Stanislaus 147,900 1,876 9,469 64
SENATE INTERIM COMMITTEE ON SOCIAL WELFARE 35
TABLE II— Continued
CALIFORNIA COUNTIES: ESTIMATED POPULATION, AVERAGE PER CAPITA INCOME,
AVERAGE NUMBER RECEIVING PUBLIC ASSISTANCE, AND PROPORTION
RECEIVING ASSISTANCE PER 1,000 POPULATION, 1957-Continued
Per capifa
County Population' income* Welfare load ' Recipient rate*
Sutter 30,000 2,088 1,906 63
Tehama 22,000 1,919 1,055 47
Trinity 7,900 2,244 343 43
Tulare 148,300 2,110 10,298 69
Tuolumne 15,100 2,021 821 54
Ventura 163,200 2,047 5,231 32
Yolo 56,400 1,920 2,197 38
Yuba 27,000 2,225 1,745 64
1 Estimated by California State Department of Finance, Budget Division, Financial Research Section.
-Preliminary estimates by California State Chamber of Commerce, Economic Survey Series, No. 11, l!)58--')9.
3 Fiscal year figures, based on California State Department of Social Welfare data published in "Public Welfare
in California." July 195t)-June 1!)57. Includes old age security, aid to the needy blind, aid to the partially
self-supporting blind, aid to needy children in family groui)s and boarding homes, and general relief
recipients.
* Proportion receiving assistance per 1.000 population.
Table II, Exhibit B, taken from Medical Care for Welfare Recipients — California,
Greenfield, op. cit.
36 SENATE INTERIM COMMITTEE ON SOCIAL WELFARE
EXHIBIT C
STATE MEDiCAL PROGRAMS IN CALIFORNIA/ 1958-59 FISCAL YEAR
Includes only medical care and some rehabilitative services. It does not include
many special services for physically or mentally handicapped, capital outlay, Uni-
versity, or licensing.
Estimated annual cost in millions
Agency and program State (Other)
STATE DEPARTMENT OF SOCIAL WELFARE
Medical care for OAS, ANB, ANC $32.0
Prevention of blindness 0.2
Special needs, OAS, ANB, ANC 10.0 $.5.0
Maternity care, adoptions program 0.2
STATE DEPARTMENT OF PUBLIC HEALTH
Sanitation 1.6
Cerebral palsy 0.8
Alcoholic rehabilitation 0.7
Staff aid to counties 1.5 1.0
Maternal — child health
Acute disease
Chronic disease
Adult — industrial health
Other staff
Research
Subvention to counties
TB sanatoria 4.4 8.8
Mosquito control 0.4
Crippled children's services 4.0 2.5
Local health departments 3.5 1.0
STATE DEPARTMENT OF MENTAL HYGIENE
Institutions 103.0
Mental illness
Mental deficients
Seniles, nonpsychotics
Alcoholics
Narcotics addicts
Sexual psychotics
Epileptics
Clinics 2.5
Langley Porter Institute 1.6
Neuropsychiatric Institute 0.4
Community services (Short-Doyle) 1.6 1.5
STATE DEPARTMENT OF EDUCATION
Vocational rehabilitation 2.2 2.8
STATE COMPENSATION INSURANCE FUND
(Workmen's compensation) N.S.F.^ 10.8
STATE DEPARTMENT OF EMPLOYMENT
Disability and hospital benefits N.S.F.^ 13.6
STATE DEPARTMENT OF INDUSTRIAL RELATIONS
Industrial Accident Division 2.7
STATE DEPARTMENT OF VETERANS AFFAIRS
Veterans' Home 3.1 1.4
STATE DEPARTMENT OF CORRECTIONS
Vacaville Medical Facility 3.8
Total, other medical 1.5
STATE DEPARTMENT OF YOUTH AUTHORITY
Total, medical 0.9
Totals-
Totals 10 state departments
30 divisions, bureaus, or others (approximate)
$207,000,000 state costs
$48,400,000 cost to others (federal, counties)
1 Compiled from "Public Medical Care Programs in California," February 24, 1959, Legislative Analyst.
*N.S.P.— no state funds.
SENATE INTERIM COMMITTEE ON SOCIAL WELFARE 37
EXHIBIT D
RESOLUTION ADOPTED BY THE HOUSE OF DELEGATES OF THE
CALIFORNIA MEDICAL ASSOCIATION ON APRIL 30, 1958
Whereas, The federal formula of permissive legislation to states on a dollar
matching basis has created an apparently irresistible attraction to the majority of
the states ; and
Whereas, Resultant state legislation (i.e. Assembly Bill No. 679) appears to be
founded more on the automatic appropriation of available funds than on such
fundamental issues as the demonstrated need for such legislation ; and
AVhereas, There had indeed been no factual local demonstration of need for this
program before the State Legislature; and
Whereas, Federal and state programs necessarily entail federal and state con-
trol in order to insure protection of the tax dollar with resultant loss of traditional
local autonomy and responsibility to solve local problems ; and
Whereas, Assembly Bill No. 679 provides for and results in unreasonable and
unnecessary dictatorial control of both patient and physician ; and
Whereas, Any welfare medical program administered by national, state and
county agencies with resultant multiplicity of controls results in heavy costs in
the administration, and an increased tax burden ; and
Whereas, The practice of medicine under Assembly Bill No. 679 fails to main-
tain high ethical regard for all phases of medical care, violates privacy of patient
and physician relationship, essentially abolishes patients self-respect and personal
dignity, nullifies any effort to maintain family responsibility for care and fails to
stimulate any honest effort on the part of the patient to carry as much as possible
of his financial responsibility ; and
Whereas, Economic problems concerning the provision of medical care for indi-
gents and the elderly do exist which require the leadership and imagination of
doctors both from humanitarian motivations and from the desire to maintain the
private practice of medicine ; and
Whereas, From time immemorial, physicians have cared for the indigent without
thought of compensation and will always do so without government control or
administration ; therefore be it
Resolved, That this house of delegates go on record as rejecting the principles
incorporated in Assembly Bill No. 679 and that co-operation past and future in the
care of the patient under this program in no way implies endorsement of OAS
and OASI ; and, be it further
Resolved, That the House of Delegates of the California Medical Association
instruct the Council to join with other interested groups in exerting maximal
effort and full resources, and any other facilities to repeal Assembly Bill No. 679
and applicable federal legislation ; and be it further
Resolved, That recognizing that Assembly Bill No. 679 is now law and recognizing
the paramount obligation to protect the welfare of our patients, The House of
Delegates urges that immediate steps be taken to improve the program and to
eliminate existing defects in Assembly Bill No. 679 and its administration, as
follows :
1. Medical care programs be controlled and administered by the individual
counties, with licensed physicians exercising through their organizations the
degree of control over the appropriate agency commensurate with physician's
responsibilities to the patient.
2. To expedite return of control to the county level, medical societies should
co-operate fully with their local welfare board in administration of the pro-
gram, in determining the needs of such a program and appraising the effec-
tiveness of the screening of recipients and controlling any abuses of the pro-
gram, and if possible, securing physician membership on the local welfare
board.
3. To accelerate return of control to the county level, various pilot programs
such as the feasibility of the physician charging patients his usual fee without
restriction, and other appropriate studies, at a local level, should be instituted
without delay.
4. Removal of the prior authorization system to take place as soon as the present
pilot program has developed information deemed adequate by the California
Medical Association liaison committee.
38
SENATE INTERIM COMMITTEE ON SOCIAL WELFARE
5. That a uniform method of payment should be adopted, the most acceptable
method of payment to be determined by a poll of California Medical Associa-
tion membership.
6. That the officers, council and legislative committee of the California INIedical
Association be instructed to urge the Governor to appoint one or more phy-
sicians to the State Board of Social Welfare.
EXHIBIT E
The following persons appeared before the committee and gave
testimony :
SACRAMENTO HEARING-JANUARY 13, 1958
Corey, John P.
Director, Sacramento County Welfare
Department
Keye. John D., M.D.
Medical Director, State Department
of Social Welfare
Mulder, Carel
Chief, Division of Medical Care, State
Department of Social AVelfare
Siegel, AVilliara
County Supervisors Association
Stuart, Charles
Director, San Joaquin County Wel-
fare Department
Wyman, George K.
Director, State Department of Social
Welfare
LOS ANGELES HEARING-JUNE 24-25, 1958
Baird, George Q.
Executive Secretary, Southern Cali-
fornia Pharmaceutical Association
Becker, Philip M. W.
Private Citizen
Borchard, Mrs. Benjamin
President, Senior Citizens Association
of Los Angeles Countv, Inc.
Bullock. Lewis T., M.D.
President, Los Angeles County Med-
ical Association
Carter, Leland C.
Director, Los Angeles County Bureau
of Public Assistance
Cartmill. Thomas W.
Private Citizen
Dieudonne, C. C, D.O.
President, California Osteopathic As-
sociation
Feldmnn, Albert G.
Welfare Planning Council, Los An-
geles Region
Fowler, John D., M.D.
Private Citizen
Gardner, Frank
Chief Welfare Consultant. California
Institute of Social Welfare
Gelinas. Frank J.
Executive Secretary, Santa Ana
Chamber of Commerce
Greenfield, Miss Margaret
Public Administration Analyst, Bu-
reau of Public Administration, Uni-
versity of California
Harrington, Donald, M.D.
Chairman. Liaison Committee, Cali-
fornia Medical Association
Keye, John D., M.D.
Medical Director, State Department
of Social Welfare
Mackey. Francis G., M.D.
President, Orange County Medical As-
sociation
Mclntyre, John E.
Director, Riverside County Welfare
Department
Mulder, Carel
Chief, Division of Medical Care, State
Department of Social Welfare
O'Brien, Mrs. Constance
Assistant Executive Secretary, Los
Angeles Visiting Nurses Association
Danish. Leonard
Los Angeles County Bureau of Public
Assistance
Pattison, Miss Mildred
Welfare Consultant, California Insti-
tute of Social Welfare
Riley, Charles L.
Christian Science Committee on Pub-
lication for Southern California
Siegel, William
County Supervisors Association
Steckel, M. L., M.D.
Medical Director, Los Angeles County
Bureau of Public Assistance
Stewart, Cecil A.
Executive Secretary, California Phar-
maceutical Association
Thesiug, Joseph F.
Chairman, Association of Children's
Institution Administrators of South-
ern California
AVest, Francis E., M.D.
President, California Medical Associa-
tion
Wyman, George K.
Director, State Department of Social
Welfare
SENATE INTERIM COMMITTEE ON SOCIAL WELFARE
39
SAN DIEGO HEARING-JUNE 26, 1958
Bohuenian. Harold, I\LD.
Chief of Medical Serviees, San Diego
County Department of Public Wel-
fare
Boyden, E. P.
Director of Pul)lic Welfare, Imperial
County
Cavanah, Earl
Chairman, Board of Supervisors, Im-
perial Countv
Christie, J. K., D.C.
Chairman, Insurance Committee, San
Diego District, California Chiro-
practic Association
Detrich, Homer
Director of Public Welfare, San Diego
County
Dore, Leon P.
California Physicians Service
Levy, Edward, M.D.
President
San Diego County Medical Society
MacLaggan, James, M.D.
(Councilor, San Diego District
California Medical Association
Mulder, Carel
Chief, Division of Medical Care
State Department of Social Welfare
Richmond, Earl L., D.S.C.
Affiliated Chiropodists of America
Telford, Joseph M., M.D.
San Diego County Medical Society
Thompson, Allen R., D.C.
I'resident, San Diego District
California Chiropractic Association
SAN FRANCISCO HEARING-JULY 7-8, 1958
Anderson, Mason
Budget Analyst
State Department of Finance
Born, Ronald H.
Director, San Francisco County Wel-
fare Department
Brignoli, Walter H., M.D.
Napa County Medical Society
Chapman, Guy W.
Private Citizen
Elmandorf, Thomas, M.D.
Butte-Glenn County Medical Society
Golden, William G.
Chairman, Medical Care Committee
County Welfare Directors Association
Goodlett, Charlton Benjamin, M.D.
Chairman, Education and Program
Committee
Northern California Medical-Dental-
Pharmaceutical Association
Hedgpeth, Donald
Board Member
California Pharmaceutical Association
Hutchison, Martin, M.D.
Medical Consultant
Sonoma County AVelfare Department
Lefors, A. O.
California Taxpayers Association
Long, Ernest
East Bay Association of Nursing
Homes, Sanitariums, Rest Homes
and Homes for the Aged.
Long, Mrs. Letha Margaret
Director of Aleitha Lodge
Mulder, Carel
Chief, Medical Care Division
State Department of Social Welfare
Nicholeau, George
President, Yuba-Satter-Colusa Coun-
ties Pharmaceutical Association
Norcross, Lee H., D.C.
Executive Secretary
California Chiropractic Association
Railsback, O. C, M.D.
Chairman, 10th District Legislative
Committee
California Medical Association
Rixford, Emmett L.
Chairman, Committee on AB-679 of
the San Francisco Medical Society
Scheuber, William K.
Executive Secretary
Alameda-Contra Costa Medical Asso-
ciation
Schoensee, Burke E., M.D.
President
Imperial County Medical Society
Siegel, William
County Supervisors Association
Silva, A. Leland, D.S.C.
Secretary
Affiliated Chiropodists of America
Stewart, Cecil
Executive Secretary
California Pharmaceutical Association
Truman, Stanley R., M.D.
Private Citizen
Williams, Mrs. Myrtle
Secretary-Treasurer
California Institute of Social Welfare
Wyman, George K.
Director
State Department of Social Welfare
Young, Paul, D.S.C.
California Association of Chiropodists
Zinky, Robert M., M.D.
Medical Consultant
Sacramento County Welfare Depart-
ment
40 SENATE INTERIM COMMITTEE ON SOCIAL WELFARE
SUMMARY OF PUBLIC HEARINGS
In the public hearings conducted by the Committee on the Medical
Care Program for Public Assistance Recipients, 72 persons appeared
and gave testimony'. We present herewith excerpts from the testimony
given by various of these witnesses.
LOS ANGELES-JUNE 24-25, 1958
GEORGE K. WYMAN
Director, State Department of Social Welfare
At the end of almost nine months of operation I can report to you
that the Medical Care Program for Public Assistance Recipients is
providing needed medical service and other remedial care to the needy
aged, blind and children of California. While the program has been
successful overall, this is not to imply that we haven't had problems
or that we have solved all of them at this time.
Medical care for public assistance recipients is not an entirely new
program. Over the years recipients with additional income resources,
such as veterans' entitlements, could obtain certain medical services.
Those without such resources had to rely on county hospital and clinic
services, on the generosity of individual practitioners, or go without.
From the beginning we realized the importance for this program of
leadership and support from the practitioner groups. We knew also
that the individual practitioner, who must determine the course of
treatment for each patient, was the kej^ to a successful program. Some
other known facts and information were :
First, that the premium deposits estimated at 29 million dollars
per year would not provide comprehensive medical care for 450,000
recipients.
Second, that the caseload characteristics were such that no insurance
company would undertake a prepaid medical care program of this
scope. For example : The average age of the 265,000 aged recipients is
76 and two-thirds of them are women.
Third, that California has a good system of county hospitalization
and surgery for the indigent sick, but that the outpatient care left
room for improvement. For example : last year counties spent over
$1,000,000,000 on county hospital operation and maintenance, but
home care fpr patients was generally lacking.
Fourth : that free choice of practitioner must be assured.
Fifth, that the traditional doctor-patient relationship must be main-
tained, and,
Sixth, that recipients must use available income for paj-ment of care
before the premium deposit funds could be used.
The Legislature wisely left to the State Social Welfare Board the
adoption of rules and regulations in accordance with law governing the
policy, scope and coverage of the program. The program currently pro-
vides fee-for-service payment for home and office visits plus the" usual
ancillary services such as drugs, physical therapy, and limited home
nursing. Fund limitations prohibit coverage of hospitalization, pros-
thesis, including eye glasses, dentures and hearing aids, or complete
dental care for other than children between 5 and 12 years of age.
SENATE INTERIM COMMITTEE ON SOCIAL WELFARE 41
This kind of program coverage and procedure is in complete accord
with the recommendations of the Committee on Indigent Care of the
Council on Medical Service of the American Medical Association, re-
leased in a report by that association in 1956. They are also in line
with action of the Council of the California Medical Association, which
on April 27, 1957, voted to reaffirm the council's earlier decision on
this program, including (1) that emphasis of the program be placed
on covering home and office visits, (2) that a fee schedule be devised,
(3) that California Physicians' Service be the fiscal agent and (4)
that the county societies be advised of these principles.
We have been assisted in the development of forms, procedures and
administrative know-how by the California Physicians' Service. We
have a contract with C. P. S. to provide certain fiscal and related
services in the program covering some 33 counties and representing 40
percent of the statewide caseload.
We negotiated fee schedules with each of the practitioner groups
involved. We started with the California Medical Association, using
their Relative Value Scale. Their Fee Schedule Committee made us an
oifer which was accepted, setting the basic unit value of $4 for the
routine office visit. This represented 20 percent less than that generally
charged. This pattern for reduction in fee was then used in negotiating
with the other groups. They all agreed to it.
So to summarize the developmental state, I want to emphasize that
we didn't make a decision without the advice, the counsel or the rec-
ommendation of experts in the field, including the representatives of
the California Medical Association.
Nevertheless, when the program became operative on October 1, 1957,
some individual medical doctors and a few county medical societies
became very vociferous in their denunciation of this program as "So-
cialized Medicine." Since this term does not have a universally ac-
cepted definition but caries many philosophical and emotional implica-
tions for some people, I have found it very difficult to accept the
allegation. For example, public tax moneys are used to support medi-
cal education, public health function, medical research and even hospi-
tal construction. There are other similar tax-supported medical pro-
grams, the Crippled Children's Program, the Veterans' Home-town
Care Program and the Military Dependents' Program in which private
physicians participate without protest.
In the light of this apparent anomaly I can only guess that an
extraneous situation triggered the reaction. Congressman Forand of
Rhode Island introduced a bill in Congress last year to provide hos-
pital care and surgical care for all Social Security beneficiaries without
regard to economic need. Word of this action and of the American Medi-
cal Association's violent opposition to the proposal reached the doctors
at the same time our program began. The two became confused in many
minds, much to our program's detriment.
Charges of Government interference with the practice of medicine,
of "redtape, " complicated forms and procedures, and unwarranted
delays in payment were leveled at us. Some of these were justified and
steps were taken to remedy them.
42 SENATE INTERIM COMMITTEE ON SOCIAL WELFARE
There are four basic problems, however. The first is "third party"
control. In order to maintain fiscal control of the program we estab-
lished a requirement of prior authorization by the county for extensive
or expensive care planned by the physician in his treatment of the
patient. However, all emergency treatment or that given during the
first three visits in a 90-day period for any one illness would not
require authorization. Even though all the other 38 states operating
a medical care program have such a prior authorization requirement.
California physicians were dissatisfied with it. So on April 1, 1958,
we began an experiment in four counties to eliminate prior authoriza-
tion and substitute a post determination of the propriety of the bill
rendered for service. It is too soon as yet to measure the results.
The second problem has to do with the dual method of payment. If
the recipient has sufficient additional income to pay the doctor, he
does so directly; if not. the bill is paid from the Medical Care Trust
Fund. This dual method of pa^Tuent has been confusing to recipients
and practitioners alike, but will require federal and state statutoiy
changes to correct.
A third complaint raised by some practitioners refers to the fee
schedule. Although it was adopted as proposed by the Fee Schedule
Committee of the California Medical Association and is actually higher
than the minimum income schedule used by the California Physicians'
Service or that of the Crippled Children's Program, it has been criti-
cized as being too low.
The fourth problem concerns refusal to participate in the program.
Some medical doctors are not particijDating, but osteopaths, dentists,
druggists, chiropractors and others are participating. This refusal,
I believe, stems from the problem areas I have just mentioned. I think
it is important to note, however, that in all but one county where local
medical societies have been in open opposition to this program, there
has been sufficient participation by individual doctors to provide good
service for the recipients.
The statute properly provides for a free choice of practitioner by the
recipient and, naturally, free choice of participation by the doctor.
However, when an entire local society refuses to participate I think the
only recourse left to the Board of Supervisors will be to establish public
clinics and employ necessary medical staff. In my opinion this repre-
sents a much greater degree of "socialized medicine" than a program
which allows recipients to obtain needed services in private practition-
ers' offices and in their own homes.
Recently the House of Delegates of the California Medical Associa-
tion adopted a resolution calling for the repeal of this law, correction
of its faults, and for doctors to participate in it as long as it remains
in effect. My only comment with reference to repeal is that I am certain
that the Legislature will want to consider alternative measures as con-
trasted to outright repeal which would deny needy people necessary
care and services.
So in conclusion I want to emphasize that the legislative policy to
provide additional medical service for needy people is being carried
out. The vast majority of practitioners are participating in the pro-
gram. Expenditures have remained within fund limitations.
SENATE INTERIM COMMITTEE ON SOCIAL WELFARE 43
Now, Mr. Chairman, in addition to this statement, I waited until
yesterday to prepare another one relating to the fiscal aspects of the
program. We now have data on eight months experience with the medi-
cal care program, through May, 1958. These are the highlights of our
experience to date.
During the first three months, expenditures from each of the medical
care funds were one-third or less of the fund revenues during that
period. For three months in succession, March, April and May, in Old
Age Security and Aid to the Needy Blind, we have paid out more than
fund revenues. Some of the high March-May payout is attributable to
catching up with obligations incurred in the early months of the pro-
gram. To some extent this also reflects a seasonal factor, though we
cannot determine as yet the actual extent of the seasonal influence.
However, the high level of expenditures in recent months has alerted
us to the possible need for retrenchment in the near future.
The low expenditures during the initial months of the program have
provided some "cushion" of unexpended funds: A balance of $3,800,-
000 in the Old Age Security Medical Care Fund. If expenditures should
continue at the March-May level, this balance would handle the excess
expenditures for about 11 months. A balance of $155,000 in the Aid to
Needy Blind Medical Care Fund. This would take care of expenditures
in excess of fund revenues at the March-May level for about five months.
A balance of three million dollars in the Aid to Needy Children and
Family Group Medical Care Fund. Expenditures for this program have
not yet reached the level of fund revenues.
The following are percentage distributions of the main categories of
Medical Care Fund expenditures during the five months, January
through June, 1958.
Aid to Needy
Old Age Aid to Needy Children
Security Blind Family Groups
Total 100.0% 100.0% 100.0%
Drugs 61.8 56.1 40.3
Physicians 26.7 31.1 38.1
Other practitioners 3.7 4.0 3.9
Dental * * 11.0
Other 7.8 8.8 6.7
But I again wish to emphasize that in the aged caseload, even if we
continue our rate of expenditures at the March, April and May rate,
we could do so for 11 months before the fund became depleted and we
would be operating with a deficit. In the case of blind, we expect a five
months' operation with a favorable balance.
Senator Beard : You stated earlier there wasn 't time to evaluate the
pilot study in the four counties where you have attempted to do away
with prior authorization. But do you have any feelings on it or is there
any indication at all that is going along within reason ?
Mr. Wyman : I think it is. I think it is clearly demonstrated, and this
is without any real proof, that the success or failure of elimination of
prior authorization relies completely upon the ability of the county
medical consultant and the local review committees of the various pro-
fessions. If they represent the leadership in the professions in that
county, then it is going to work satisfactorily ; if they don 't represent a
44 SENATE INTERIM COMMITTEE ON SOCIAL WELFARE
good co-operative approach, a mutual working out of this important
relationship, then it doesn't work so well.
Senator Arnold : I notice that for three months in succession, March,
April and May, 1958, in OAS and ANB you paid out more than the
Fund revenues. You stated that the high level of expenditures has
alerted you to the possible need for retrenchment in the near future.
Could you tell us what retrenchment that would be, what you have
in mind ?
Mr. "Wyman : This is a matter which will be considered by the Medical
Care Advisory Committee at its meeting on July 9th. In view of the
general fiscal situation in the State, it is certainly not our intention to
run out of money here and then come back to the Legislature in Janu-
ary and say, "We need an additional appropriation to get us through
July." "We want to anticipate this necessity for entrenchment and be
prepared to act promptly if it is going to be necessary.
Senator Arnold: What medical care and services were available
to recipients before October 1, 1957?
Mr. AVyman : Those people who had outside income had the services
available at the full going rate of the doctor, whoever he might be.
One of the interesting things to me has been the number of physi-
cians who said, "Well, I treated Mrs. Jones for several years before
last October 1st and then she came in with one of these cards and
that was the first time I found out she was a recipient of aid." It
seems to me very unfortunate that the physician would not know the
financial condition of his patients. I am certain in some instances it
was necessary for these people to dip into their rent money or to
go without food. There must have been a lot of worrj^ about "How
am I going to pay the doctor." Well, that is beside the point. That is
one method.
Another Avas the time-honored practice of medicine to provide free
service, and much of this was free service.
The other avenue was for people to go to county hospitals and clinics.
I think without exception our county general hospitals are good cen-
ters of inpatient medical service, but the clinic services of the county
hospitals still leave quite a bit to be desired. And there are to my
knowledge, no home visits available for people.
The fourth possibility was that the person went without the service.
Senator Beard: Even in those "boycotted" areas such as my own,
where some of the doctors will give their services free to the welfare
recipients, is it not true that these recipients have to pay for their
own drugs ?
]\Ir. Wyman : Very often. In order for us to have some idea of the
course of treatment, we have asked doctors to fill out the diagnosis of
the illness. This is standard practice in every insurance company.
CPS will not pay for drugs that have no diagnosis to back them up.
For that reason we are unable to pay for drugs when we don't have
anj'thing to substantiate the treatment that is being provided by the
doctor. It does make for hardship on the part of the recipient, no doubt.
Our program, as I attempted to explain in my statement, is tailored
to the area where the additional medical care would accomplish the
greatest good in providing services that weren't available. The $29,-
000,000 wouldn't cover comprehensive medical service. If we could add
SENATE INTERIM COMMITTEE ON SOCIAL WELFARE 45
to services already available, and incidentally, reduce the necessity
for hospital and nursing home care we'd all be ahead.
Mr. Op])mann : Yon mentioned that this program is to provide addi-
tional medical care for needy people. This is your interpretation of the
legislation ?
Mr. Wyman: Yes. I don't think the Legislature had in mind a
complete subvention of already going county programs, for example.
We realized this couldn't be a hundred percent on top of what was
already being done. For example, Marin and Napa Counties don't have
county hosj^itals. They contract with either private hospitals or other
county hospitals to provide the services. Now, obviously, this program
is going to pick up some of their costs. But it was our intention to add
to, and not subvene, already existing services.
Senator Teale : Is your department making any effort to gather data
to determine the etfect, if any, on the total hospitalization needs of
this group of people?
Mr. Wyman : We hope to be able to do that. It is a little hard to
measure, though. The fact that early treatment is available under this
program wouldn 't necessarily reduce the immediate cost of hospitaliza-
tion. It might turn up recipients who needed inpatient care who
wouldn't otherwise have received it. It is certainly our desire by pre-
vention, by early detection, to reduce subsequent costs. However, it
is difficult to pinpoint the advantages or the savings in any preventative
program.
Mr. Oppmann : In the field trial you are conducting on the elimina-
tion of the prior authorization, are you personally satisfied that the
county welfare departments and the state department will retain
enough of the administrative controls of the program?
Mr. Wyman : That is one of the reasons for the experiment.
Mr. Oppmann : Are these administrative controls established prima-
rily by the legislation establishing this program ?
Mr. Wyman : No. The legislation itself is very broad. It is actually
enabling legislation, and I think wisely so. No one had any actuarial
incidence of disease among elderly people, for example. It is neces-
sary to provide flexibility in the operation. If this were spelled out
in the statute, it would be pretty difficult to make prompt adjustments.
Mr. Oppmann: Are there any legal restrictions that would prevent
or preclude the state department or State Social Welfare Board from
overobligating the medical care program?
Mr. Wyman : I can 't think of any.
Senator Teale: When a recipient goes to a vendor for service, is
he required to present his identification card with his number on it?
Mr. Wyman : Yes, sir.
Senator Teale : There are instances when the recipient becomes in-
eligible for a month or two. Is there any way in which the vendor can
be protected so that their bills will not be returned for that period
of time?
Mr. Wyman : In some counties the practice of the county has been
to issue a supplementary identification card with a different color for
each month to the recipient through the mail with his warrant for
that month. Then he is able to more easily identify himself to the prac-
titioner or the druggist.
46 SENATE INTERIM COMMITTEE ON SOCIAL WELFARE '
FRANCIS E. WEST, M.D.
President, California Medical Association
As I am sure you know, the practicing physicians of California have
expressed extreme dissatisfaction with the 1957 Public Assistance Med-
ical Care Law, as embodied in Assembly Bill No. 679.
At its meeting held April 27-30, 1958, the house of delegates of the
association, without a dissenting vote, adopted a resolution rejecting
the principles incorporated in Assembly Bill No. 679 and urging repeal
of the law. This drastic action was not an emotional revolt against
"socialized medicine" although many individual physicians have pub-
licly stated that Assembly Bill No. 679 is socialized medicine. Kather,
the house of delegates actions represents a grass-roots resentment among
practicing doctors of medicine against an interference with the physi-
cian-patient relationship which their daily contact with welfare recipi-
ents demonstrates to them was, first, unnecessary, and second, most
undesirable.
Perhaps the individual physician's resentment against the present
public assistance program may best be summarized to you by quoting
a recent report of the Indigent Care Study Committee of the Santa
Clara Medical Society :
"Immediately with the passage of Assembly Bill No. 679 we
found that all recipients of County Welfare checks were auto-
matically supplied with white cards, making them potentially
eligible for medical out-patient services. Permission to treat after
three allowed visits was required. Cumbersome forms were en-
countered. Authorization for continued treatment and special serv-
ices was imposed. Billing forms signed by patients, with a signed
statement that this represented total charges, were demanded. * * *
Payment was delayed and then disbursed in a very confused
manner. In some cases, about one-half of the payment for a single
service was made to the physician and the other half was made to
the patient directly. We found ourselves as physicians labeled pub-
licly as simply vendors of a service w^th no more dignity than the
numerous other eligible pseudo-scientific cults. Many patients are
embarassed in being labeled county wards and cariying white
cards. These cards forced upon them in medical matters a severance
of the principle of privileged communications."
You will note these basic objections :
1. Blanketing of all recipients under the law, regardless of the de-
gree of need.
2. Prohibiting physicians from carrying out their medical judgment
unless "prior authorization" is obtained from a governmental agency.
3. A deluge of redtape.
4. Dual payment system that confuses both physician and patient
alike, and
5. A real interference with the physician-patient relationship.
Under these circumstances to reject and to urge repeal was the only
course that medicine could take. The question naturally arises, "What
next?" In this regard, the California Medical Association urges that
the medical care needs of public assistance recipients be returned to
the counties as a county responsibility, with programs to be worked out
SENATE INTERIM COMMITTEE ON SOCIAL WELFARE 47
in each county consistent with the needs and the welfare of the local
community. In each county there should first be a determination of
need, and then formulation of a plan suitable for the area.
As you will note, the physicians are not proposing? to ignore the
welfare of those patients who are recipients of public assistance ; they
do not object to their j)atients. They do object to the present program.
These patients have not been ignored in the past. And we do not pro-
pose to ignore them now or in the future. What is distasteful is the
cumbersome program itself.
When I speak of "the program," I want you gentlemen to under-
stand that it is in no way critical of Mr. Wyman and his staff. They
have been most understanding and co-operative.
I feel confident that if we could start all over again * * * take a
long look at the program after its eight months of operation * * *
and predicate the medical care of assistance recipients of the basis
of: (a) demonstrated need; and (b) local control, I am sure your
legislative objective — more certainty of care for the needy — would be
attained. Furthermore, with a program based on the firm foundations
of demonstrated need with controls at the local level you would find
the physicians turning their objections into active co-operation.
Senator Beard: You seem to intimate from this report that the pro-
gram has blanketed all recipients under the law regardless of the
degree of need. Is it your understanding that all of these persons are
needy and that determination has been made prior to eligibility for the
medical program f
Dr. West : Yes, sir. There is no question that these people have needs
and degrees of need as defined by law. However, in many instances
and many local areas, these needs were being met quite competently.
AVith the advent of this law, a great rearrangement of the meeting of
these needs was undertaken and in some areas duplication of services,
a change in the method of services, was encountered.
Senator Teale : I would like to go back to your original statement ;
''Blanketing of all recipients under the law regardless of degree of
need." There is no difference in the degree of need, as I see it, when it
comes to medical need. Do you know of any difference in the degree
of need of a man who is suffering from pneumonia, whether he has an
excess income or whether he has no excess income?
Dr. West : No, sir. I believe, however, in this particular item of
blanketing all recipients, there is a certain group of people who have
received this care in the past without undue hardship. This was mani-
fested in various counties where these people were receiving care with-
out a white card and without aid or assistance.
Under the program they have been given a white card and put into
the position of an indigent patient. In other areas a good number of
these people were taken care of quite competently in institutions which
were already available Avith excellent clinics. However, they were denied
opportunities to continue with these institutions, were removed, and
put into other channels.
Senator Arnold : Aside from prior authorization, are these forms
any more cumbersome than your regular medical insurance forms ?
48 SENATE INTERIM COMMITTEE ON SOCIAL WELFARE -
Dr. West : In certain types of insurance cases, no. I think that many
of them follow a similar pattern. But they have added a great number
of people who have not had experience with these forms before. This
is a great and cumbersome chore to physicians who never have en-
countered it before.
Senator Arnold : Have you found the procedure has been improved
as time has gone along? Have they taken out a lot of the difficulties
and problems?
Dr. West : Yes. I think there has been excellent co-operation on the
part of the State Welfare Department in attempting to modify some
of the most objectionable features which were encountered earlier.
Senator Beard : In what way does the program interfere with the
physician-patient relationship ?
Dr. West : There are several ways. First is the Adolation of privacy,
which is demanded in diagnosis on both the medication and on the
treatment forms. The other is the third party relationship — to treat the
patient the physician must receive prior authorization.
Senator Beard : Is it any different from your CPS or your other
insurance programs ?
Dr. West: Certainly in the instance of third party medicine there
are always certain interferences with the doctor-patient relationship.
But in the instances where the patient procures it themselves, through
insurance, they sacrifice that privilege when they procure it. It is not
administrated from the state or federal level.
Senator Teale : What has been the general practice in referring
patients away from the available public clinics they were going to
before this program became effective ?
Dr. West : I could only speak to my own community, San Diego.
The clinics were closed to these recipients. It threw 9,000 patients into
the doctors' offices with all these cumbersome forms. The upheaval
was rather precipitous and violent. I think they have done a good job
in discussing their problems mutually between the county institutions
and the physicians in the area and are trying to work it out. But in
that instance there was quite a disturbing rearrangement in a hospital
which had excellent facilities and in which the patients were given
excellent service.
Senator Teale : Is the clinic still closed ?
Dr. West: No. It is modified to some extent at the present time.
There are rules and regulations which I couldn't give you accurately;
but it was over a matter of the first few months that they were closed.
These patients who had white cards were told that they should receive
care from the doctors in the community. During the early phases this
caused a great deal of chaos and disruption. It has been gradually
ironed out to the place where these people are receiving their services.
Senator Teale : What are your specific recommendations on more local
control ?
Dr. West: Providing we are operating under the program we now
are, I would recommend very strongly that as has been practiced in
the number of areas where they do have medical men employed by the
welfare department, local county committees participate as a liaison
between the welfare department and the county society. That would
aid the a great deal in resolving some of the more intricate problems.
SENATE INTERIM COMMITTEE ON SOCIAL WELFARE 49
I think doctors as a whole prefer very much to have a doctor pass
upon the propriety of their treatment or care.
(Mr. Wyman takes the stand again).
Mr. Oppmann : Mr. Wyman, you said previously that the State De-
partment of Social Welfare's interpretation of this legislation was
that it increases the level of services available to recipients. In light
of this interpretation, what are your comments concerning the clinics
in San Diego refusing to offer services that had been given before?
Mr. Wyman : That is a determination made by the Board of Super-
visors of San Diego County. I think it is an unfortunate one and I
thought so at the time I first learned of it. I am glad to learn they
have modified it as Dr. West has indicated. I think that to be in com-
plete accord with the statutory provision that there be a free choice
of practitioners, there certainly ought to be a free choice if these
persons prefer to go to a clinic. Many of them were going there before.
In that connection, our fee schedule provides for payment to clinics
three-fourths of the rate that is paid to the private practitioner. So
counties are actually being completed when service is rendered under
this program.
I might just say while I have the opportunity one more thing in
connection with Dr. West's statement about the development of a
county liaison group representing the various different practitioners
and the county medical consultant. We have insisted that every county
employ a county medical consultant. We recommended that in the se-
lection of such a person, he be chosen after consultation with the
county medical society. Every county, to my knowledge has such a
person. His duties include contact work with the liaison committee
wherever the county medical society has seen fit to appoint such a
committee.
The effectiveness of this program hinges solely upon the development
of that good working relationship and the kind of give and take that
Dr. West has indicated here.
Senator Teale: Mr. Wyman, while we have you here, am I correct
in my understanding that the diagnosis on the treatment form and on
the authorization form is not a matter of public record?
Mr. Wyman: All of these forms are a matter of public record, but
all records connected with welfare operations by federal and state
statutes both, must be maintained confidentially. It is only through
a violation of the statute that the confidentiality of medical informa-
tion is revealed to persons who have no business knowing about it.
Another thing is that social workers do not determine what the
treatment will be. That is made by the medical consultants in each
county.
Senator Beard : Doctors in my area told me that there absolutely
was not a need for any type of program such as was envisioned by
Assembly Bill No. 679. Do you think that the fact that 8,000 patients
in San Diego were thrown onto private doctors immediately upon the
operation of this act shows there must be an area of need for a great
many welfare patients?
Dr. West: I trust you didn't get the impression that from those
8,000 people that I inferred they were not receiving care. They were
receiving care. It was a transfer of care. I don't think the C. M. A.
50 SENATE INTERIM COMMITTEE ON SOCIAL WELFARE
has stated that there is no need in areas for that. It should be deter-
mined, however, by a local evaluation and study as to just exactly
what the need is in a particular area.
(W. Byron Humford, Assemblyman, 17th District, was sitting with
the committee).
Assemblyman Rumford: I was wondering if Mr. Wyman has been
able to reach any agreement with Medicine in reference to the deluge
of redtape? That is a broad term. I wonder if you mean all these
forms ?
Mr. Wyman : He wants you to explain what redtape.
Dr. West : I was going to acquiesce very readily to Mr. Wyman to
tell about that. He is more acquainted with it even than I. There are
endless procedures which are entirely foreign to the doctor who is
participating in such a program. The immediate one is the need for
prior authorization. Without a doubt that is probably the most unbear-
able part that a doctor has to face. The forms which are involved with
the dual methods of payment, these are all distressing. I am expressing
the considered opinion of the membership.
One method in trying to explain the revolt against multiple forms
in this particular program is that it represented an entirely new group
of people, under a different sj'stem. It is just the straw that broke the
camel's back.
Senator Beard : It is my understanding that the doctors were noti-
fied of the pending legislation, and yet at hearings both by the Senate
and the Assembly no objection was raised to the program until after
the Forand Bill was introduced in Congress. Do you think that there
was any relationship between the introduction of the Forand Bill and
the actual operation of this?
Dr. West: I would be giving my own opinion on that. I honestly
do not believe that was the total effect. It may have some effect in
the thinking of some men. But at the same time I had the opportunity
of touring 30 or 31 of the medical societies starting about the end
of September. I walked right into the initiation of this program and
I think that it was not any one particular thing, but chiefly the grass
roots experience with what happened with it — the objections which
we have mentioned here today.
I make no attempt to evade the fact that the council and directors
of the association were approached by the legislators and recognized
the need in this area and felt that it could be best met by home and
office visit. But I don't believe any of us realized the implications
which would develop when it became implemented. There are many
things which developed since the well-meaning approach on this and
the lack of opposition which have precipitated this thought which I
have presented to you here today. This represents that which came
from the grass roots of medicine when they got down to the actual
working with the act as it was finally determined. I believe that this
is an honest statement as to the reaction to the program.
Senator Beard: In the other 37 states who have adopted this pro-
gram, have any of the state societies gone on record as asking for
abolition ?
j\lr. Wyman : I am guessing now that the Florida INIedical Society
has indicated its opposition to the program in that state. I don't believe
SENATE INTERIM COMMITTEE ON SOCIAL WELFARE 51
any have gone on record with the same kind of resolution that tlie Cali-
fornia association has done.
Dr. West : California is rather nuiqne in providino- care for this
particular group of individuals. I don't believe there are any states
that are quite as comparable as we are with the multiplicity of county
hospitals which we have and the amount and quality of services that
are rendered at the countj^ hospitals. I fully recognize and medically
accept there are areas where there are deficiencies, and some great
deficiencies, which should be corrected. But in comparing our attitude
with other states who have entirely different plans, I don't believe
there are any that are entirely comparable.
LEWIS T. BULLOCK, M.D.
President, Los Angeles County Medical Association
I want to assure you that we are interested in the welfare of the
patients under discussion. We are interested in co-operation and find-
ing a method for providing good sound medical care for this group.
We are also very strongly opposed to a method of providing medical
care which will provide a lower standard of care than is customary
among such patients and among our other patients. We are opposed
to setting up two standards of care. Any method, however, which will
allow us to provide good care, which will allow us to act as physicians,
will be of considerable interest.
I wish to endorse the statements of Dr. West in general. We are very
much in favor of his point of view. We are very much in favor of
local control.
The Los Angeles County Medical Association has conducted a poll
of its members in regard to this program and has received a vote of
two to one in favor of withdrawal. This merely indicates the extreme
reaction of our members to the undesirable aspects of this program.
Such withdrawal has been withheld only pendiug the hope that very
major and substantial and most important changes will be made in
the administration of the program. These administrative difficulties are
not required by law. These are rules and regulations established by
the Department of Social Welfare. These regulations were not agreed
to by the California Medical Association when it approved the passage
of the law, but this is the thing that we have to operate with. This is
the thing that our patients have to suff'er with.
Basically, the principle involved is the doctor is no longer a doctor
under this program's administration as now carried on by the Depart-
ment of Social Welfare. He no longer has authority to treat his patients
as he thinks they should be treated. He no longer has the ability to
examine them the way he thinks they should be examined. A group of
governmental employees has control of the funds. They have taken
upon tliemselves the authority and responsibility to decide in detail
every little thing that a doctor is going to do to his patients. They
require a decision on every step that the doctor makes in diagnosing
and treating his patients. So they become the authorities. They are the
doctors. They are the ones who decide. The doctor is stripped of the
right given him by his license to treat his patient the way he thinks
is best, and he can only treat them the way his department tells him
to treat them.
52 SENATE INTERIM COMMITTEE ON SOCIAL WELFARE
The department can determine what factors it is going to cover and
pay for and make any rules it likes, just like any insurance company.
"If you do these things, we pay for it." "But you don't have to ask
us what an individual is going to get before you do it." "We are run-
ning an insurance program." If this is going to be operated properly
and effectively, it should operate like an insurance company.
This matter of prior approval is the major reason the profession has
reacted so strongly and so vigorously to the program. This must be
clianged.
The matter of payment is very complicated and very confusing to the
patient and to everyone else. We feel strongly that it also needs chang-
ing. A survey is being taken at the moment to decide our recommenda-
tions on the source of payment. We hope this can be simplified in the
amount of paper work involved.
Solving that payment problem and removing prior approval would
do a great deal to make a program within which to provide good
medical care.
Senator Beard : Do you think that your group would go along with
the program if we did remove prior authorization in the rest of the
counties ?
Dr. Bullock: That is being tried, but nothing was done about our
request. We requested it originally ; so they are going to try it in some
other counties. Our members became restless and they now have offi-
cially voted to adopt the resolution which I read. It is my feeling that
thC' reasons for their violent reaction is the requirement for prior
approval.
Senator Teale : How does this program nullify the effort to maintain
family responsibility, to stimulate any honest effort on the part of the
patient to carry as much as possible of his financial responsibility?
Dr. Bullock: I can illustrate that by my first patient under this
program. This patient was an elderly lady I cared for, for the last
15 or 20 years. She lives out in North Hollywood. Her daughter is
a screen writer, her daughter's husband is a prominent business man.
They have a very elaborate estate with a swimming pool, two maids
in the house, a house for this elderly mother out in the garden with a
maid to take care of her, and their standard of living is about three
times what mine is. The daughter has always been perfectly free and
willing to pay all medical requirements or medical bills. I have never
been asked to reduce a bill or had any questions whatsoever.
One day this lady walks in with a little white card. "Hah, now I
don't have to be responsible any more. The government is going to
pay for my medical care and j^on are going to do it the way the govern-
ment says so from now on." That puts me in a bind. I feel a very
strong sence of duty and obligation to this patient. I don't think this
patient has any financial problems, never has had the many j^ears I
have known the family. I don't know why the daughter puts the mother
on relief. The mother obviously has no income, and if it were not for
this program the daughter certainly would be perfectly happy to con-
tinue to pay the medical bills.
Senator Teale : How about the other 265,000 pensioners in the State
that don't have any money or relatives? How does this help them to
SENATE INTERIM COMMITTEE ON SOCIAL WELFARE 53
evade the responsibility for paying tlieir bills if they haven't any
money ?
Dr. Bullock: Let's say in general that most of these patients can
give a little. Most patients who come into my office, say, "I would
like you to care for me and I'll pay what I can," that is all we want.
Senator Beard : Do you feel that it is a little difficult for some people
to go in and ask you for free medical treatment? Do you think a lot
of them would refuse to go seek necessary medical treatment because
of pride?
Dr. Bullock : It has been the tradition of the medical profession for
many centuries to provide medical care for all people, irrespective of
their financial standards. If they can pay part of it, we take care of
it in our offices. If they can't pay the overhead, then we take care of
them in the county hospital or any of the many clinics we operate
free here in this town. We feel that it is our obligation as a doctor. In
general, the patients who go to the county hospital or come in as our
patients and pay part of our fee aren't in any way embarassed. That
is the going thing. The patients who are wealthy, we can charge more.
We run our own insurance system. We charge more when we can, we
charge less when we need to. We try to give medical treatment to
everyone. (Mr. Wyman takes the stand again.)
Senator Teale : Mr. Wyman, I understand these rules and regulations
are adopted by the department, but that you take the advice of your
advisory committee ; is that correct ?
Mr. Wyman: It is proper and it is correct; and only after public
hearing by the State Social Welfare Board, after advanced public
notice 30 days in advance of the hearing, and in accordance with the
statute adopted by the Legislature at the last session requiring the
board to hold all its meetings as open public hearings.
The advisory committee is set up by statute and there are nine
members, three of whom are representatives of the California Medical
Association. Dr. Donald C. Harrington is one and he is here today.
I am sure he will be glad to tell you of the work of that committee
and of the representation of the medical profession in the development
of these rules and regulations. Of course, druggists, osteopaths, public
health officers, and so forth, are also all represented on the advisory
committee.
Senator Teale : It is professional, is it 1
Mr. Wyman : Yes, sir. There is one county hospital administrator and
one layman, who is a medical statistician from Kaiser Health Founda-
tion. But they are all persons who are qualified in medicine and
related fields.
DONALD C. HARRINGTON, M.D.
Member, Medical Care Advisory Committee to State Social Welfare Board
I am an obstetrician from Stockton and am the chairman of the
California Medical Association Liaison Committee to the Department
of Social Welfare. I am also a member of the three-man group from
the California Medical Association on the Advisory Committee to the
Department of Social Welfare. According to law, the Advisory Com-
mittee to the Department of Social Welfare did not go into effect,
until October 1st when the law went into effect. It was for this reason
54 SENATE INTERIM COMMITTEE ON SOCIAL WELFARE
the California Medical Association set up a liaison committee to
attempt to give some unofficial guidance to the department.
Many of the things that went into effect were not thoroughly dis-
cussed by the advisory committee. We were working under the knowl-
edge that 38 states had prior authorization. We were working on the
knoAvledge that our doctors had been working under prior authorization
in the Veterans' Hometown Care Program, and though there were
disagreements, it w^as getting by in a rather rough manner. So we
didn't concentrate on these things as much as, in looking back, we
should have.
I agree completely with Dr. Bullock that we should get prior author-
ization off statewide. The whole liaison committee and our advisory
committee is working to get prior authorization off statewide as rapidly
as possible.
I just wanted to make it clear that the advisory committee did not
dream up all these regulations. We did not okay them all. We have dis-
cussed them, fought about them, approved them. In several instances
one of our members goes on record that he voted against something.
This happens quite frequently. It isn't an easy road but as time goes
on it is imi^roving and everybody" is working in the same direction.
Mr. Wyman and the department have had very cordial relations with
the committee. I am hopeful that we can get prior authorization ironed
out in the very, very near future.
Senator Beard : If the program were given a chance and the co-opera-
tion continues between the department and your committee, the pro-
gram will be a workable program?
Dr. Harrington : I think it will, but I do think this : that prior
authorization has to be removed rather rapidly.
Mr. Oppmann : As a member of both the advisory committee and the
liaison committee, what were your impressions of prior authorization
when this was suggested to you in the early stages of the game ?
Dr. Harrington: When you were a little boy and your doctor told
your mother to give you castor oil, you didn't like it, but you felt that
it was going to do a job, and maybe the job this has done is the same
thing the castor oil has done. I mean, I looked as far as I could, I
had our friends in C. P. S. look. There were no actuarial figures on
a group whose average age is 75. We realize the State didn't know
where they were going so we took this prior authorization on the basis,
"Well, its got to be. We have prior authorization already in the
Veterans Hometown Care Program. It has to be done this way, and
we w^ill try to make it as painless as possible. ' ' This is how we took it.
We didn't like it, but we felt it had to be for a while.
Mr. Oppmann : What purpose was it supposed to achieve ?
Dr. Harrington: Fiscal control.
JOHN D. FOWLER, M.D.
Private Practitioner
Why do I object to this program? My basic objections are those of
any citizen. It seems strange to me that when a plan was functioning
here in Los Angeles County as effectively as the Out-Patient Medical
Relief program was that a change should be made. This present plan in
no way improves the out-patient medical care program— 0. M. R. It
SENATE INTERIM COMMITTEE ON SOCIAL WELFARE 55
fails to provide medical care for many who previously had medical care.
The cost of service, administration of and drugs is far greater. The
present plan is inordinately expensive and has an administrative cost
far greater than that under which 0. M. R. functioned. Los Angeles
County has always cared for its people and now through some misad-
venture this responsibility has been delegated to others. In Los Angeles
we have numerous hospitals. In many of these hospitals the care of
the indigent was formerly of little or no cost to the taxpayer. The pri-
vate hospitals through the private physician furnished out-patient and
at times in-patient care at no cost to the community or the taxpayer
in the community.
We feel that the system in California under which we formerly
operated can continue to assist the indigent. It has been pointed out
that those in need are not to be abandoned. It has been emphasized
that the program under Assembly Bill No. 679 is unwieldy, ineffective,
and very costly. It is obvious that an efficient, effective, inexpensive
program has been supplanted. These points have been covered. It
seems reasonable that with mutual understanding you can appreciate
why we feel that the patient, the physician, and the poor taxpayer
would like to have your consideration in repealing Assembly Bill 679.
Senator Beard : Did you have any objection to the Hill-Burton
money that built many of the hospitals that the doctors use!
Dr. Fowler : Personally I do.
Senator Beard: You think that it was wrong for the Federal Gov-
ernment to assist distressed areas in building hospitals?
Dr. Fowler : I feel that local areas can take care of their own local
problems. I am sure that you in your county can solve your problem
with far greater ease and dispatch and cleverness than we sitting in
Los Angeles.
Senator Teale : I would like to have you, if you could, review the
0. M. R. program 1 Would you do that ?
Dr. Fowler : The 0. M. R. program is the program in which the mem-
bers of the community who are unable to meet their own medical needs
apply to a county agency. They are, as I understand it, interviewed,
and if they are found qualified, they are provided with out-patient
medical care by physicians.
Senator Teale : Those physicians are chosen by the Social Worker ?
Dr. Fowler : No. Anyone who wishes to be in that program.
Senator Teale: Does the patient have the choice?
Dr. Fowler : The patient has the choice of most of the doctors of the
community, not all of them.
Senator Teale: Did you think the patient's dignity was any more
beaten down by the fact they can choose their own doctor under this
present program, go in and sign a little slip as compared with the
0. M. R. program where you have to go and present yourself to the
social worker ?
Dr. Fowler: I think human dignity is subject to an individual's
interpretation of it. I think you probably have one definition of it, I
have another. I don't think we would have any trouble handling these
patients with these problems.
56 SENATE INTERIM COMMITTEE ON SOCIAL "WELFARE
Senator Arnold : Is it your contention this whole program is unneces-
sary because the doctors took care of the medical care and the drugs
of patients who couldn't afford them?
Dr. Fowler: In the community of Los Angeles it is reduplication,
absolutely.
CECIL A. STEWART
Executive Secretary, California Pharmaceutical Association
For many years practically all of our pharmacies have provided
drugs free of charge to those patients who could not afford to pay
for them. But it would probably be rather difficult to persuade all of
our pharmacies to provide services free of charge to the 450,000 recipi-
ents of the public assistance programs.
Many of the regulations concerning drugs of the State Social Welfare
Department are inadequate in the way they are worded. We feel that
the interpretation of the regulations by some of the counties who ad-
minister the program may not be exactly what the regulations intended.
The California Physicians' Service administers this program for
about 35 counties. Approximately 23 counties administer the program
themselves. As a result we have 24 different policies. It is the responsi-
bility of the California Pharmaceutical Association office to send infor-
mation relative to this program to our pharmacists. It has been very
difficult for us to do that. If we submit information on hoAv the program
is operating in one county, that may not be true in the other counties.
We also find that many of these patients will receive treatment from
a doctor in one county and will go to a pharmacy in another county
to have a prescription filled. The pharmacist then has to submit his
prescription to the county where the patient resided or where he re-
ceived treament.
Senator Beard: Aside from these petty complaints have you heard
any disapproval from the pharmacists and the profession itself to
the program?
Mr. Stewart : As to whether or not the program should be in existence
or not, and so on?
Senator Beard: Right.
Mr. Stewart: The pharmacists believe the program was passed, and
they would like to see it operated so that the patients would receive
the best possible health care.
GEORGE Q. BAIRD
Secretary, Southern California Pharmaceutical Association
I think Mr. Stewart has covered our problems pretty well. I might
add a little to the thought that he gave relative to the division in the
administration from county to county. Sometimes a pharmacist will fill
prescriptions for patients who live in two or three counties. When
they are not all administered the same, pretty soon he begins to wonder
what he can do and what he can't do. If the program could be unified
in some way, it would help.
You asked the question if there were any pharmacists' complaints.
The only complaints I have had outside of the things that we have
mentioned, is that some of them feel that the doctors have too much
red tape to take care of.
SENATE INTERIM COMMITTEE ON SOCIAL WELFARE 57
Senator Arnold : It seems rather interestinf? to me to find that the
pharmaceutical representatives are advocating: a statewide uniformity
and the California Medical Association is advocating local autonomy
based upon completely different local situations.
JOSEPH F. THESING
Chairman, Association of Cfiildrens Institution Administrators of Southern California
The administrators of children's institutions have been fully aware
of the many gaps in medical care for children who are dependent upon
public and private agencies for their support. While there have been
many gains through the years, some inequalities still exist. A survey
of our membership discloses the following gaps where attention should
be given immediately :
1. Extension of dental care for all children through the age of 18.
2. Refractions and glasses.
3. Services to emotionally disturbed children, diagnostic evaluation,
and direct therapy from qualified medical psychiatrists and psycholo-
gists.
4. Cosmetic surgery, including the removal of warts, moles and
tattoos. This would be office surgery rather than hospitalization.
We feel that these services are essential to the development of sound
children who have been deprived of many things they are ordinarily
given in a normal home.
Some of the services through 0. M. R. are not readily available. I
would like to point out a simple example. We had a young lad, very
bright, I. Q. of almost 140, who wished to be a scientist, doing A work
in high school. He had the unfortunate circumstance to break his glasses,
and because he happened to be farsighted in one eye and shortsighted in
the other, it M^as impossible for him to study.
With this medical problem, the 0. M. R. program was available to
him, but it was six weeks before he could get an appointment. His social
worker through the Bureau of Public Assistance was very helpful in
really trying to move 0. M. R., but they were adamant. We did what we
always do ; dig in our own pockets or get some doctor already over-
burdened with free service to provide the service. This boy was out of
school six weeks ; could flunk out. This is a common occurrence. The
0. M. R. is not all it's cracked up to be. It is good, and I would not
want to detract from it. But service is not always readily available.
Senator Teale : Are your children getting better medical service than
they did before ?
Mr. Thesing: Let's put it this way. They get medical service they
didn 't get before.
JOHN E. MCINTYRE
Director, Riverside County Welfare Department
It is important to emphasize that medical services to public assistance
recipients are being provided in most areas of this State. And many
such recipients are receiving medical care under this program who
would not have received it under our former system.
The Medical Care Program is relatively new and, in its operations to
date, there have been many changes enacted by the State Social Welfare
Board to meet the challenge of existing problems. Not all situations,
58 SENATE INTERIM COMMITTEE ON SOCIAL WELFARE
however, can be met and solved in this manner. Some circumstances
require changes in law. It is with these problems that the Legislature
must cope.
One of the major difficulties to all concerned in the administration
of this program lies in the method of payment. Presently, payment
comes from two sources: (1) the grant of aid; (2) the Medical Pre-
mium Deposit Fund. Keeipients, in many instances, for various reasons,
fail to pay their doctor Avhen payment is from the grant. Doctors would
like to receive payment when service is rendered, liiverside County
would like to recommend that this committee consider the feasibility of
all payments for medical care from the Medical Premium Deposit
Fund. This w^ould eliminate much of the confusion which presently
exists and would assure that the practitioner would be paid for services
rendered to all eligible recipients within the coverage of the program.
Administratively, this would be an advantage as payments could be
made more promptly and at less cost.
Many difficulties in the administration of this program arose during
the first months of operation, primarily because of faulty communica-
tions between participating agencies and groups. The importance of
effective comnumication cannot be too strongly emphasized. The iState
Department of Social Welfare, the counties of California, the Cali-
fornia Physicians' Service, and practitioner organizations are certainly
conscious of the need for effective communication. Significant progress
has been made in strengthening this area of administration.
The Medical Care Program in Riverside County is meeting the needs
of public assistance recipients for medical care. Despite problems of
administration still present in the program, operations continue to be
re-evaluated and strengthened to provide better service. Every effort is
being made to attain good care at reasonable costs. Costs, of necessity,
have been heavy, but efforts on the part of all concerned in California
with the administration of this program will accomj)lish much in terms
of reducing costs without sacrificing services.
Senator Teale : When the Medical Care Program started, did you dis-
continue 3^our clinic services?
Mr. Mclntyre : No, we continued. This matter was raised by the
medical superintendent. AVe went to our county counsel and he deter-
mined that it was not legally necessary for us to say that these people
were not eligible to the out-patient clinic care. Therefore, we felt tliis
same premise should be maintained : that the individual patient should
have free choice of practitioner. We have continued clinic services since
the operation of this program.
Senator Teale : What is the perecentage of continued usage ?
Mr. Mclntyre: Initially, it dropped off'. Many people went to private
practitioners. However, as you know, in January the medical society
voted not to recommend participation to its members. This was not in
any sense a boycott of the program in our county. They did, however,
feel that it was not a program which they could recommend to the
individual doctors. For a while our participation by private medical
people dropped off and our county clinics increased. Since tliat time,
however, we Jiave come back to what I would say is a relatively normal
operation as far as private physicans are concerned. At least 35 percent
SENATE INTERIM COMMITTEE ON SOCIAL WELFARE 59
of the doctors in the county are participating and we are having no
difficulties.
Senator Teak^ : Have you found a marked increase in the total
amount of medical care which is furnished to your recipients?
Mr. Mclntyre: That would be a difficult question to answer. We
do not have statistics on the amount being provided before the program
became operative on October 1st. I do think that there is a definite
group here who are getting services who did not have services available
to them before.
Senator Teale : Have you noticed any increase over the number of
people who previously had medical services paid for through the grant-
of-aid ?
Mr. Mclntyre : Yes. Our supplemental payments, which were pri-
marily due to medical care under the grant system, are still running
at a substantial inimber. On top of this are the additional payments
out of the medical care fund.
WILLIAM SIEGEL
County Supervisors' Association of California
I wanted to emphasize only two points that are of great importance
to counties : One is the urgency of doing away with the dual method
of payment. We are not only interested that all payments are made
from the Medical Care Trust Fund, but that we do away wath having
to look at each individual case in the process. The California Medical
Association has not stated a position yet on whether they prefer that
payments be made to the recipient and then paid to the doctor, or paid
directly to the doctor. The counties recommend that all payments be
made directly to the doctor. This is based almost solely on tlie adminis-
trative problem that we would only be paying 30,000 vendors, writing
checks to them, rather than 450,000 recipients. The fewer cliecks we
write, the less for administrative costs.
The second administrative problem is not serious, but there has been
some talk about having state administration. Of course, I think every-
body understands that you cannot separate the medical care program
administration from the public assistance program administration.
Since this latter is at the county level, the medical care administration
must always be at the county level.
The C. P. S. contract provisions do provide some statewide uniformity
in that one office is auditing bills. There have been groups that have
said that law should be amended so that all counties must contract with
the California Physicians' Service. The committee should know that the
County Supervisors' Association has officially gone on record as oppos-
ing this suggestion. At the present time under an Attorney General's
interpretation, it is left to the discretion of the county wheher or not
to contract with California Phj^sicians' Service. We think this is
desirable.
A problem exists in a very few counties where we are finding it
difficult to secure the co-operation of the various medical societies. In
2iiost counties, however, recipients are securing medical care in sufficient
amount, sufficient numbers of physicans are participating in the pro-
gram so that this is not a problem.
60 SENATE INTERIM COMMITTEE ON SOCIAL WELFARE '
Another point raised today is with relation to county clinics. The
majority of county hospitals have taken the position that this program
does not force a county hospital to close. However, the ordinances in a
few counties are worded in such a way that if there is another resource
available to the person, he is not eligible for care at the county hospital.
If he is a veteran, for example, we will not take him at the county hos-
pital, but will send him to the Veterans Administration. This was cus-
tomary, and when the ]\Iedical Care Program came along certain of these
ordinances were interpreted to say that the Medical Care Program is a
resource available and, therefore, the county hospital is not available.
Most counties, hoAvever, have kept the county hospital available. My
impression from talking to people is that the caseload at these county
hospitals is falling off somewhat, and these people are going to private
doctors. That was one of the reasons why the County Supervisors
Association supported this bill. We faced the possibility of having to
expand our out-patient services at the county hospital. There were
pressures building up in many counties for the establishing of out-
patient services in various sections away from the central county hos-
pital. Some counties actually have done this. The Medical Care Pro-
gram has relieved these pressures tremendously because the program
has stimulated the use of the private doctor.
When you look at the picture statewide, the program is smoothing
down in its operation and we certainly are spending all the money we
have. So the problem in the future may be a shortage of funds rather
than a shortage of patients.
CHARLES C. DIEUDONNE, D.O.
President, California Osteopathic Association
The California Osteopathic Association has long held the policy that
legislation in the social-economic fields is within the realm of the state
and federal legislative bodies. We feel that the legislative agencies have
the facilities to adequately study and make a determination regarding
the need of such social legislation. We feel that the groups which are
responsible for rendering the service to the recipients should be con-
sulted during the formative stage of such legislation, and provisions
made to permit them in an advisory capacity to set up and aid the
administrative authorities.
In respect to Assembly Bill No. 679, the California Osteopathic As-
sociation has co-operated with the Legislature and the administrative
authorities since its inception. We feel that the legislators made a
thorough study and related the need to the economic ability of the
State to support this type of program.
There are some areas that are deserving of further study, along the
lines of possible remedial legislation or administrative rulings. One
problem we feel that should be further studied is prior authorization.
We realize that at the inception of this program it was necessary to
have some method of determining this relationship of utilization to
the economic load which would be placed on the funds.
Another area is the possible need of providing by legislative action
adequate authority to protect public funds against abuse, either by
the recipient or the vendors.
SENATE INTERIM COMMITTEE ON SOCIAL WELFARE 61
Senator Murdy : What is your own personal feeling about prior
authorization ?
Dr. Dieudonne : The present method requires some paper work, but
I do not feel that it involves much more work than is required by many
similar programs. In fact, in some cases, a little less.
Mr. Oppmann : Have you heard any complaints from either indi-
vidual doctors or any of the local groups of your organizations as to
the forms of this program ?
Dr. Dieudonne : No. They are a very simple set of forms in relation-
ship to many of the private insurance companies.
LELAND C. CARTER
Director, Los Angeles County Bureau of Public Assistance
The practitioners in the Los Angeles area are certainly to be com-
mended for the manner in which they have co-operated with what
undoubtedly appeared to be a very confusing, complex program at the
time of its initiation on October 1, 1957. Sufficient practitioners have
participated in Los Angeles County to provide medical care for the
conditions covered by the program. Further, the medical associations
have appointed advisory committees who are working with us to ac-
complish common objectives and to make the Medical Care Program
more satisfactory to all concerned.
The Los Angeles area office of the state department has worked with
us in a most co-operative and helpful way. That office has made a
valiant effort to answer our many questions promptly and to fill in
the many gaps in the state regulations and state policy.
In order that you might have the best up-to-date picture in Los
Angeles County, each of our 15 district directors made a recent "grass
roots" examination and evaluation. These reports are summarized as
follows :
1. Recipients are generally able to secure private medical care. Some
difficulty was noted in the beginning months of the program but at the
present time the complaints from recipients that they are unable to
secure private medical care are very few. A total of 8,000 practitioners
and vendors have participated in the program.
2. Recipients prefer the services available under the Medical Care
Program. This preference is generally based on being able to go to a
practitioner of their choice in their own neighborhood. Some of the
recipients have noted a great saving in time and travel expenses for-
merly involved in going to public and private clinics.
3. Recipients express their opinion that they are receiving good
medical care. Social workers have noted that some recipients w^ho
formerly received no medical care are now receiving needed medical
care.
4. The number of practitioners participating is increasing.
5. The two chief complaints of practitioners are; first, excessive
paper work, particularly the prior authorization procedures; and, sec-
ond, the dual payment system.
The following recommendations are presented for your consideration :
1. That provision be made for the payment of all medical care from
the trust fund, thus eliminating medical care payments from the cash
grant.
62 SENATE INTERIM COMMITTEE OX SOCIAL WELFARE
The present dual payment system is confusing and costly. Both re-
cipients and practitioners have recommended to us that all pajTnents
be made from the Medical Care Trust Fund.
The dual payment system is costly because it is necessary for social
workers to comb through thousands of cases, month after month, in
order to determine the relatively few cases where there is sufficient
income, that particular month, to pay medical costs. It is estimated that
the administrative cost of payment from the trust fund is about 5 per-
cent, whereas, the administrative cost of payment from the cash grant
is twice as much — about 10 percent.
2. Aid to the Disabled recipients be included as eligible for medical
care. It is obvious that this group is in need of medical care and should
have the same consideration as other categorical aid recipients.
Senator Teale : What have you noticed in the numbers of j^atients
going to your public clinics ?
Mr. Carter : About 30 minutes ago I checked with the Director of the
Los Angeles County General Hospital. He told me they noticed no de-
cline in the number of out-patients at the county hospital. We do know
that a considerable number of persons who formerly went to the out-
patient clinics at the hospital now are going to private doctors, and I
asked him to reconcile this. He said he thought that due to the recession
they were picking up new patients enough to compensate for ones who
had left to be taken care of by the Medical Care Program.
Senator Teale : You give your patients the choice of whether they
wish to go to the clinic or go to private doctors ?
Mr. Carter : That is correct. They have freedom of choice to go to the
public clinics, and a great many are. That is evidenced by the fact that
we anticipate a revenue of $350,000 in the out-patient clinics from this
program in the next fiscal year.
Senator Teale : What has happened to your 0. M. R. program since
the inception of this ?
Mr. Carter : There has been some decline in the 0. M. R. program.
It is handled on the basis of agreement with doctors that they will
take care of indigent patients for certain fees and under certain
circumstances. It is merely an extension of out-patient clinics of the
hospital to those persons who live too far away to come in. I believe
that the limitation is on the number of doctors who are available to
participate in the program. There are some areas where the numbers
of doctors participating are so few, there isn't much choice on either
the part of the referring ageucj^ or the patient.
Senator Teale : You still have the 0. M. R. program going ?
Mr. Carter: Yes; we do.
Senator Teale : Would j^ou say it has decreased some ?
Mr. Carter : It has decreased some. I understand that some witness
here testified to the fact that this costs the taxpayers no money. In the
next fiscal year, the preliminary budget contains an item of $2,230,000,
for the 0. M. R. program in Los Angeles County.
Senator Teale : That is entirely county money ? You get no state re-
imbursement on that at all ?
Mr. Carter: It is entirely county money.
Mr. Oppmann : How many practitioners participate in the 0. M. R.
program as compared to the Medical Care Program?
SENATE INTERIM COMMITTEE ON SOCIAL WELFARE 63
Mr. Carter : I don 't know the exact nnmber, bnt O. M. R. has only a
fraction of the nnmber participating]: in tlie Medical Care Program.
Mr. Oppmann : Are the elifribility reqniremeiits for 0. M. R. the same
as the Medical Care Pro<xram 1
Mr. Carter: The person mnst be a medical indigent, and there are
certain eircnmstances nnder which categ^orical aid recipients mio:ht
not be eligible because of his personal assets. The eligibility require-
ments are not the same.
Mr. Oppmann : Yes. Is a fee schedule used in 0. M. R. ?
Mr. Carter : Yes, there is.
Mr. Oppmann: Is it based on a relative fee schedule as devised by
the California Medical Association?
Mr. Carter : No ; it is not. It is a fee schedule developed by the
county.
Mr, Oppmann : Would you say that generally the 0. M. R. fees are
comparable to those paid in the Medical Care Program?
Mr. Carter : Generally that they are less. For example, the fee sched-
ule for an office call under the Medical Care Program is $4 ; it is $3
under the 0. M. R. program. And the use of drugs in 0. M. R. is limited
to certain items.
Senator Teale : Are all the people served by the 0. M. R. categorical
aid recipients ?
Mr. Carter : No. General relief recipients are there and some other
persons not eligible for the categorical aids.
Senator Teale : Have you done any study to indicate the number of
categorical aid recepients who shifted from 0. M. R. to the Medical
Care Program?
Mr. Carter : We haven 't done any study to indicate the number of
recipients, but it is our policy to not care for patients under the
0. M. R. who are eligible for the Medical Care Program. If a prac-
titioner takes care of a categorical aid patient, we want him to bill
through the fund and not through 0. M. R. They are acting as a
private physician when they do this.
Senator Murdy : I wonder if you have any suggestions to the com-
mittee how the paper work and the prior authorization could be im-
proved ?
Mr. Carter : The forms now used can be improved to make it easier
and better for all concerned. This is under process at the present time
by a joint committee between the State and counties. The experiment
of trying to do away with prior authorization entirely is under con-
sideration of course. Anything which will eliminate any of these forms
or simplify them will be an improvement, because the magnitude of
the paper work is terrific.
Senator Murdy: Do you have minimum staffing requirements im-
posed upon you by the State Department of Social Welfare ?
Mr. Carter : No, sir. As far as I know, the State Department of
Social Welfare does not set any staffing requirements.
Senator Murdy : What kind of procedure do you use in auditing the
the bills that come to you?
Mr. Carter : We audit all statements to see that the patient is the
recipient of public assistance, that any items requiring prior author-
64 SENATE INTERIM COMMITTEE ON SOCIAL WELFAEB .
ization had such prior authorization, and that it conforms to the fee
schedules established by the State. Then we pay them.
Senator Murdy: And that costs about 5 percent of the cost of the
program ?
Mr. Carter : In general. We estimate that at the present time.
M. L. STECKEL, M.D.
Medical Consultant, Los Angeles County Bureau of Public Assistance
Something that might be looked into is the prescribing and dispens-
ing of the lowest priced comparable drugs. In other words, not to seek
the highest priced item on the shelf.
Originally, prescriptions were to be limited for a thirty-day period.
It was felt that would create a hardship and the doctors should be
allowed to determine for what period of time a prescription should be
provided. However, this is still too loosely interpreted. I have prescrip-
tions here that would astound Senator Teale.
Senator Murdy: Dr. Steckel, how long have you been with the
county welfare department ?
Dr. Steckel : A little over two and a haK years. I was with them prior
to the time this program went into effect.
Senator Murdy: Are recipients' medical needs being met as well or
better or worse now than they were prior to the adoption of the pro-
gram ?
Dr. Steckel: They are being met vastly better today than at any
other time in the 2U years that I have been a practicing physician in
Los Angeles County. One of our big problems before this program
went into effect was called "haves" and "have nots." The people who
had outside income were able to purchase some degree of medical care.
It was purchased loosely, and at times I was asked to arbitrate situa-
tions in which charges were excessive or beyond reason. Someone might
determine how much outside income the patient had and might utilize
it fully. I investigated many of these cases, and it was a very argu-
mentative point. Those people who had no outside income had no choice
of physicians at all. They had to go to the county hospital or utilize our
0. M. R.
This new program has been the great equalizer. What is fair for one
is fair for the other. There is no question that the services these recpi-
ents receive now is medically vastly superior and much more satisfying.
Senator Murdy : What kind of services were they lacking prior to
the adoption of the program ?
Dr. Steckel : They had to go to a public clinic to receive it or receive
it free from a doctor or bj' some underhanded method of payment to a
doctor. It has been suggested that the families or somebody would pay
the doctor for services performed. Care was very, very limited, and
sometimes services that the person needed could not be provided, espe-
cially drugs.
Senator Arnold : What is your opinion of prior authorization ?
Dr. Steckel: Every program, whether it is private or public, has its
limitations. There is no such thing as an unlimited program. Insurance
companies write these things with an attempt to restrict services to a
degree. Not having had experience at all with people whose average age
is 76 years, prior authorization was almost a necessity from an economic
SENATE INTERIM COMMITTEE ON SOCIAL WELFARE 65
standpoint. The selection of this type of limitation has been the salva-
tion of this program. I recommend that it should be eliminated eventu-
ally, but we must first get experience from the four counties operating
without it.
And Ave must also make sure the doctors understand the program.
I believe the biggest flaw at the present time is that the doctor doesn't
know the limitations of this program. When I tell them that there are
financial limitations they are surprised. They think, "Oh, all you had
to do was get everything you Avant" and they didn't understand that
this is not an open end thing, that there are restrictions and limitations.
Until the doctors are informed as to the limitations of the program and
understand it, I am afraid we might get into trouble if we eliminate
the authorization form.
I think the amount of administrative work for the consultant would
not alter with removal of prior authorization. He would have to scan
the bills anyway. This is the big problem C. P. S. and all the insurance
companies have — scanning the bill to see if the diagnosis is that usually
performed in the community and is an acceptable method of treatment.
Senator Teale : In what general categories do your requests for
authorization fall — chronic, emergency, lab work in excess of that nor-
mally allowed?
Dr. Steckel : Chronic illnesses.
Senator Teale: That are continuing cases?
Dr. Steckel: Yes. A lot of the patients are receiving excellent care
and services that would not have been received before as far as lab-
oratory work is concerned — electrocardiograms, blood counts, chest
X-rays. Pathology is picked up now, and a routine method of treatment
laid out that is commendable. It can be checked any time; be made a
part of this person's medical case record.
Mr. Oppmann: The statement for services rendered by the practi-
tioner states "this represents a total charge for services rendered."
Have you heard of any cases where this didn't represent the total
charge, that the patient was requested by the practitioner for a dollar
or two 1
Dr. Steckel : In a few instances. It is less and less now. That is the
fear we have with requests for retroactive authorizations, that this may
tie-in in some way. Thus we want a statement from that doctor that no
previous payments have been made.
Mr. Oppmann: There has been a great deal said concerning local
anatomy in relation to the Medical Care Program. Have you any per-
sonal feelings concerning your duties and the freedoms you have under
this program ?
Dr. Steckel: Sometimes I am inclined to believe I have too much
freedom. I would rather have it more specifically spelled out for us;
that the procedures that I follow are within the interpretation of the
law. But there is always something new coming up, and I have to make
a decision. If I am wrong, I would like to be told immediately that I am
wrong. If I am right, I would also like to be told because my staff is
anxious to know, and we would not like to continue to make errors.
We have close contact with the State Department and we do get quick
3— L-4856
66 SENATE IXTERnr COMMITTEE OX SOCIAL WELFARE
answers. We feel the State Department of Social Welfare should be
commended very highly for services they perform.
Senator Arnold : We heard a statement made that the requests for
authorization result in a lapse of time of two or three weeks sometimes,
resulting in an aggravated or dangerous condition for the patient. What
have you got to say about such a statement ?
Dr. Steckel: The burden is on the doctor if he neglects this patient
and allows the patient to suffer because of the lack of authorization.
Our authorization is only an authorization for payment for a service.
I don't think that is a very good argument for a doctor, because
doctors traditionally supply a service for a patient in cases of emer-
gency and find out later whether they can be paid. In cases of elective
plastic nose surgery or something like that, he is right in asking, ''Can
you paj^ me for this procedure." But if a patient is in dire need of medi-
cal care, and I don't think a doctor should ever make a statement of
that type, he should perform his service first and worry about payment
later.
I don't think that the situation exists today the same as it did early
in the program. We had to train doctors and everybody else to interpret
this program. We had to change from hour to hour, at times, in our
method of procedure. But today we are down pretty well to solid opera-
tions.
Senator Teale : It is my understanding that the recipient is given
a card with his number on it and that tells him he may go to the doctor
of his choice to be treated for his illness. Now, is there anything in the
law which gives you, the Medical Consultant, the right to refuse any
vendor the right to treat the patient ?
Dr. Steckel : No, sir.
Senator Teale : Is there anything in the law that gives you the right
to determine the type of treatment that the doctor is giving for his
illness ?
Dr. Steckel : No, sir.
MARGARET GREENFIELD
Bureau of Public Administration, University of California
For the past two years I have been studying the problem of providing
medical care to recipients of public assistance. I want to call attention
to a few outstanding facts about the medical care which existed in
California prior to enactment of the Medical Care Program. These
facts are based on questionnaires which I sent out in the summer of 19.57
to the boards of supervisors, welfare directors, county hospital direc-
tors, and public health directors in each of the 58 counties.
The laws of California have placed primary responsibilitj- on county
government to provide medical and hospital care to the ' ' indigent sick
and dependent poor."
Because there is a legislative maximum on each type of public assist-
ance grant, allowances for medical care could be made only in those
cases where the recipient had some income in addition to his grant. The
recipient could be reimbursed to the extent that his cash grant fell below
the legislative maximum. ]\Iore than half the aged and blind recipients
had no outside cash income. The State Department of Social Welfare
estimated that approximately one-third of the aged and bUnd recipients
received a cash allowance for medical care.
SENATE INTERIM COMMITTEE ON SOCIAL WELFARE 67
Prior to the Medical Care Program, responsibility for medical care
of persons receiving federal and state subsidized assistance therefore
fell almost entirely upon the county taxpayers. Adequacy of such care
varied greatly in the 58 counties. Recipients, moreover, had to meet the
county definition of indigency in order to be eligible for county medical
care. More than half the counties set ceilings on the amount of personal
and real property that an applicant for medical care may have. In a
number of instances the county definition is far stricter than the defi-
nition of needy person set by the Legislature for the categorical aids.
This means that a substantial proportion of aged and blind aid recip-
ients were formerly not eligible for free county care until their per-
sonal and real property holdings were reduced to the level required for
general relief.
Forty-nine counties maintain county hospitals to which indigent
sick persons are admitted. The other nine counties purchase inpatient
care either from private hospitals or district hospitals. Responsibility
for hospitalization still falls on county government. Some outpatient
services are available at all but seven county hospitals. The nine coun-
ties without county hospitals and five of the seven whose hospitals
have no outpatient services provide for office visits chiefly through a
county physician and through private physicians (two counties). Only
11 county hospitals maintain clinics in areas outside the central hos-
pital area and an additional one has only prenatal clinics in other
areas. Home visits, which are now possible under the Medical Care
Program, were available in the past in only 21 counties. In the other
37 counties, categorical aid recipients who had no outside income had
to go to the county clinic, no matter how ill they were or how far
away the clinic was located.
I would hesitate to evaluate the quality of care given to patients at
county clinics. But I am sure that much of it is as good as that offered
to anyone else in the particular community. Most of the facilities are
overcrowded, however, and patients spend weary hours and even days
waiting for needed treatment, mostly sitting on hard wood benches.
All patients, moreover, mst be checked for financial eligibility for care
before they are admitted to the clinic, except in emergency situations.
Recipients with no outside income who could not face the red tape
and waiting at the county clinic sometimes exercised a free choice to
purchase medical care by doing without food or other necessities.
Many physicians, it should be pointed out, also gave their services to
individual patients without compensation.
Another matter worthy of attention is the situation that existed prior
to enactment of Assembly Bill No. 679 with regard to dental care. For-
merly, 19 counties gave dental care only to persons who met the re-
quirements for general" relief. In three of these, care was limited to
extractions. Four additional counties gave dental care only in emergen-
cies, and in eight more, care was limited to extractions. Nine counties
had no provision for dental care whatever ; one allowed treatment only
when it was medically necessary; and one provided "urgent" care for
needv children.
68 SENATE INTERIM COMMITTEE ON SOCIAL WELFARE
REVENUES FROM STATE PROGRAM
There is one more point. All but eight county hospitals with out-
patient departments are co-operating in the Medical Care Program by
accepting recipients of aged, blind and children's aid in their clinics
when recipients choose to go there. These public clinics are paid for
their services at three-fourths of the rate paid to private practitioners.
Although county costs of administrating the categorical aid programs
have increased as a result of the new medical care service, these costs
have been offset by clinic fees. Indeed, preliminary reports indicate
substantial income to the counties from this program. Contra Costa,
for example, reports an income averaging $10,000 a month from this
source, against an additional administrative cost of $3,150.
FRANCIS G. MACKEY, M.D.
President, Orange County Medical Society
On December 2, of 1957, a majority of the members of the Orange
County Medical Association, passed a resolution to oppose Assembly
Bill No. 679. The resolution reads as follows :
"Whereas, After 60 days' operation. Assembly Bill No. 679, a Wel-
fare Department Medical Care Program for California Public Assist-
ance Recipients, has proven unsatisfactory for both recipients and the
medical profession, in spite of the excellent co-operative efforts of the
California Department of Social Welfare, and
"Whereas, In the past the physicians of Orange County, by free
services rendered in their offices and through already existing tax-
supported hospitals and clinics, have provided all needy groups with
good medical care at a much lower cost to the taxpayers of our
county, and
"Whereas, It is becoming more and more apparent that the complete
socialization of medicine is being attempted and Assembly Bill No. 679
is another step toward this end, now therefore be it
"Resolved, That we, the undersigned members of the Orange County
Medical Association, hereby repudiate the principles of this new Wel-
fare Department Medical Care Program for California Public Assist-
ance Recipients under Assembly Bill No. 679 and, as of January 1,
1958, will exercise our right to decline to render medical care under
this law, and be it
"Further Resolved, That we, the undersigned, where any person or
responsible member of his family is financially unable to pay for such
services, will continue to provide these same services free of charge
(exclusive of the cost of prescribed medicines that have in the past
been furnished by the Welfare Department) or make proper arrange-
ments for the patient to receive care at tax-supported health facilities
presently operating for their benefit."
We began to realize that Assembly Bill No. 679 put into action a
program of medical care for a small segment of the population by
imposing federal controls of a nature not unlike those exercised in
programs referred to as socialized medicine in England. Although the
elected representatives of the California Medical Association Council
did not at the time of presentation regard this legislation as undesir-
able to both recipients and physicians, it Avas our considered opinion
SENATE INTERIM COMMITTEE ON SOCIAL WELFARE 69
that the time had come when grass roots objections should become
manifest in active opposition.
Please realize that we did not reject the patient. We simply agreed
to exercise onr legal right of not participating in the program and to
continue caring for these patients even without charge rather than
accepting federal and state money under this program. At least in
Orange County such a program was not a real need to begin with.
What has been said so far is an attempt to express in our own terms
the statements made by Dr. West. Once again, we believe that adequate
medical care was being provided prior to October 1, 1957.
We believe that billing for services rendered should be made directly
to the patient. If a patient is reimbursed for medical services by the
welfare department, they will have a record of money spent. If it
doesn't reach the physician it is our loss and we are willing to assume
this risk as we have in the past. AVe haven't, and I hope we won't,
ever asked for government subsidization. The crux of the problem is
the matter of local autonomy and the method of payment.
Some two-thirds, as I recall, of these people were getting additional
support and were not necessarily supposed to come under this program.
They really didn't need it. There was the blanketing of white cards to
all people coming under the program whether they had outside sources
or not and there was apparently no attempt at screening.
These people no longer have any sense of responsibility for any part
of their medical bills, whether or not they have a savings account or
relatives willing to take care of it. They immediately shift the respon-
sibility of the welfare department and the physicians together.
Senator Murdy : Do you think there is less socialization in granting
cash to the recipient than there is in granting them medical care ?
Dr. Mackey: We are not suggesting that it be issued to them in cash.
If they have medical needs which they are unable to take care of in a
particular instance, and additional money is available on a local level
they can be reimbursed individually. They haven't been given a blanket
increase in their monthly stipend. It is money that is available to them,
which can be administered in the event of need, rather than just saying
to everyone, "AVell, here you are, here it is, take it and spend it all,
use it up medically any way that you wish." You are quite familiar
this was set up to be paid on a vendor basis, and this is one of the
aspects of socialization which alloAvs government domination.
I recall Mr. Wyman stating there were some two-thirds of the people
receiving some outside funds. Is it necessary to provide a blanket pro-
gram of this type with the expense of administration for the relatively
small percentage of people whom you refer to as having no additional
funds to take care of the medical care? This type of legislation is a
blanket type.
Senator Murdy: Have fees been a matter of controversy?
Dr. Mackey : They have not. At least it has not been our point. It is
a matter of principle and not a matter of fees.
Senator Murdy : You want local autonomy ?
Dr. Mackey: Local autonomy with co-operation between the welfare
department and the medical society. Where there might be inequities
involved, we would be willing to co-operate with them to iron them out.
70 SENATE INTERIM COMMITTEE ON SOCIAL WELFARE
Senator Teale: You object to direct billing and direct payment; is
that right ?
Dr. Mackey : That 's right.
Senator Teale: In what way is this different from the C. P. S. pro-
gram ? As I understand the C. P. S. program that is a child of the Cali-
fornia Medical Association ?
Dr. Mackey : Yes.
Senator Teale: I assume that some of your members, at least, are
participating in that program ?
Dr. Mackey: Yes.
Senator Teale: Isn't that direct billing program and a direct pay-
ment program 1
Dr. Mackey: It is. And this is not entirely acceptable to many of
the physicians. However, this was a program that had to be set up as an
emergency measure to prevent the institution of a program of overall
statewide supported medicine. The time may come when private insur-
ance companies can take the Medical Care Program over on a private
basis.
Senator Teale: We hear about ''local autonomy." Yet it appears
this program was put together as nearly as possible to keep it on a
county level. Nobody during this hearing has indicated to me any con-
crete example of where you get your interference, except that the State
and Federal Governments furnish the money. Could you enlighten me
on it a bit ?
Dr. Mackey: I have reference to mandates coming down from the
state level at the whim of the State Welfare Department. The admin-
istrative details of this thing and the directions in the first three or
four months of this program came down from the state level, not from
the county level. True, there is a certain amount of interpretation on
the county level. But as to the way the thing was to be implemented,
reams and reams of information delineating types of syringes, ice caps,
special medical supplies which could be prescribed if prior approval
were obtained from the medical consultant of the county welfare de-
partment. This may seem insignificant, but this is the sort of thing.
Senator Teale: That's just like the wrappings on the dollar bills.
That is just a wrapping, but the administration itself is at the local
level, as far as I can detei'mine.
Dr. Mackey: But the overall policy is set on a state level. "Who may
provide services," for instance. "Participation of practitioners is volun-
tary and any practitioner may refuse to participate. Any practitioner
who refuses to participate may not order drugs or medical supplies on
the official program prescription form. Drug stores will be advised that
they may not obtain reimbursement for prescriptions ordered from non-
participating practitioners who refuse to complete required forms,
whether or not the practitioner makes a charge for this service," and
so forth.
This is a sort of direction that if controlled at the state level can
continue and can amplify and can develop in any direction at the
whim of anyone directing it.
SENATE INTERIM COMMITTEE ON SOCIAL WELFARE 71
THOMAS W. CARTMILL
Private Citizen
I am one of those unfortunate people who was compelled to ask for
Old A^e Security. When the Medical Care Program went into effect I
was being treated by a specialist for a skin ailment I still have. I was
told by the doctors that I required the specialist. When this law went
into effect he told me that he didn't feel he could co-operate with the
requirements of making out the forms. But he did say that he would
be willing to continue to treat me against the day that possibly this
will be changed to where he wouldn't have to go to the extra expense
of office force. I told him that I didn't feel that would be fair. The
money was supplied by the State and the Federal Governments to
defray this expense. I didn't see him again.
Later, I had to have the services of a doctor, developed a cold, sore
throat, big head, and T couldn't find a man wl^o would co-operate with
the program. I didn't contact very many, but T went down to the Wel-
fare Department and told them my troubles. They told me that they
were not permitted to reveal the names of the doctors who were co-op-
erating. They were sympathetic and courteous, that is true. They did
urge me to go see the local medical society. They said they would tell
me who was co-operating with the department.
So I went over and there was a gentleman in the office who gave me
the names of two doctors. Afterwards they told me at the welfare de-
partment, when I went to see them, one of these two doctors had said
he wouldn't co-operate. I said I needed the services of a physician. They
told me that I had a free choice of any doctor anywhere, that I had a
right to go to any doctor. But as I boiled it down I discovered that I
only had the choice of going to a doctor who was willing to co-operate
with the requirements of this law.
So I went down to this fellow ; I was sick. But all of the indications
from the front of the building, his equipment, and the doctor himself,
were to the effect that he was a substandard man. So where I had been
going to a specialist for services before this program, I got services
like this.
Now, I am not objecting so strenuously about this arrangement for
myself. I can still walk well. I am not confused about getting around
on the streets and going to offices and so forth. But there are two
elderly women that live within about a block of where I live. Two old
sisters. They are 81, I believe, and 85, and I helped put one of them
in an ambulance 10 days or two weeks ago. Suddenly she had to have
medical treatment.
Both of them required the attention of doctors quite often. They
have no means of transportation and they don't know anything about
going to get some man that would co-operate with them. It has really
worked a hardship on these two old women. So I hope that there might
be some sort of an arrangement worked out by our Legislature whereby
the relationship between the doctor and the patient would be somewhat
different. As long as I have to accept this, and I am very thankful for
the money that was supplied, I am hoping that the time would come
when an arrangement would be made that would be a little more satis-
factory to both of us.
72 SENATE INTERIM COMMITTEE ON SOCIAL WELFARE
SAN DIEGO-JUNE 26, 1958
JOSEPH M. TELFORD, M.D.
Member, San Diego County Medical Society
We do not feel that this law is a pood law. It violates principles
which are deeply ingrained in the thinking of doctors of medicine. We
all resent further inroads into the doctor-patient relationship and this
imposes the government between the patient and the physician. If this
law is to continue, this one objection must be improved. Improvements
would be expedited by directing that there be a very minimum of direc-
tion given to physicians in the implementation of this law by lay per-
sonnel, primarily, and hired physicians, secondarily. To impose re-
strictions upon medical judgment and medical care that we are all
striving to render to the people. It is very disturbing to have patients
who have, by some means, paid for their own medical care in the paf.t
now recipients of this program. I cannot help but feel that there is a
breakdown in the administration, social servicing and expenditures of
tax funds.
The expenditures of moneys is not being made as efficiently as the
law intended when 66 percent of the $30,000,000 expended is going to
pay the drug bill. We cannot help but ask ourselves if enough medical
attention, exclusive of drugs, is being given to these people.
One of the most common complaints is the payment of medical fees.
Let's write this law in such a manner that there will be one method
of payment regardless of what that method may be. Those of us who
have discussed this feel that it would be advisable to pay the patient
so that he may preserve his self-respect and his responsibility to pay his
medical expenses.
The San Diego County Medical Society would like to pay tribute at
this time to the San Diego County Department of Public Welfare for
the way in which Mr. Detrich, the Director, and Doctor Behneman, the
Chief of Medical Services, have endeavored to administer this law in
San Diego County. We are hearing fewer complaints from physicians
and fewer complaints from the patients. Committees within the struc-
ture of the San Diego County Medical Society are held in readiness at
any time to co-operate with the San Diego County Department of Pub-
lic Welfare. It is onl}^ by such local level co-operation that a law such
as this can possibly be administered with any semblance of efficiency.
We believe ever-increasing responsibilit}' for the care of the individual
should be placed at a county level. We know the patients of San Diego
County much better than the State Department of Social Welfare or
the federal government.
Senator Murdy : You said the expenditure of money is not being
made as efficiently as the law intended when 66 percent of the $30,000,-
000 expended is going to pay the drug bill for this law. Without
attempting to place any blame, I assume that the doctors are writing
the prescriptions for this medicine ; is that not true ?
Dr. Telford : That is true.
Senator Murdy: Are they writing excess prescriptions then ? Or why
is 66 percent going for drugs.
Dr. Telford : It is not excess prescriptions. They are writing the same
as they would write for private patients.
SENATE INTERIM COMMITTEE ON SOCIAL WELFARE 73
Senator Murdy: They must be needed or the doctors wouldn't write
the prescriptions ?
Dr. Telford : They are needed, that is true. There is possibly a tend-
ency to write too many prescriptions. And since they are not refillable,
sometimes they write in quantities which might be excessive. The price
of drugs varies tremendously. Just how this problem is to be solved, I
don't know. We certainly would not like to see any list of drugs come
out — "you can prescribe this way." That would be interfering with
the practice of medicine. I think that there can be some improvements
worked out by better liaison, better study with physicians who are
writing this, a little better understanding of this. Except by word of
mouth and in meetings with the State or our welfare department
locally, there has not been much said about this. It is quietly said on
the side. "Fellows, let's not write too much or too expensively." This
is fine. It does give the doctors leeway. We understand this, and this
can only be approached by an educational program within the physi-
cians and osteopaths and chiropractors and whoever else is eligible to
write any prescriptions.
Senator Murdy : Your statement has a tendency to have me draw
one or the other of two conclusions : either the doctors are writing too
many or too large or needless prescriptions, or else the fee for drugs is
too high. Which of the two am I to believe?
Dr. Telford: I don't know that I am qualified to talk about the
price of drugs. I sometimes think they are too high too.
Senator Murdy : Have you any concrete suggestions on refining the
law or regulations ?
Dr. Telford : The law is not too bad. It is the directives that enforce
it, although these are necessary also. Prior authorization is the spur
inside most of us in California.
Senator Arnold: Would you tell us what you mean by "truly indi-
gent patient"? Is there some difference there in your mind?
Dr. Telford : The truly indigent patent is one who has no funds for
medical care. Secondly, he has no source to get those funds other than
just doling it out to him. These people warrant care. I have patients
who live with their son or daughter out here in a very nice home. They
always managed in some way to pay their bill. They get a little help
and they are on 0. A. S. Just for the reason they got a card I don't con-
sider them truly indigent.
Senator Arnold: Is this program meeting a need that wasn't met
before ?
Dr. Telford : It is taking care of some people it wasn 't taking care
of before. I am not convinced. By expanding the program for indigents
which we had, we may very well have met this problem Avithout this
dilemma.
Senator Beard : Do you feel some of the resentment by the doctors
in San Diego County was due to the clinics throwing approximately
eight thousand persons onto the private practitioners when this pro-
gram went into effect?
Dr. Telford: I don't think that is an objection of the physicians here.
We were trying very hard to have these people as private patients,
treated by private physicians. To have them eligible to come to the
private office is good. There is some trouble with the philosophy, and
74 SENATE INTERIM COIMMITTEE ON SOCIAL WELFARE
I don't think it has changed. But having these people treated in the
private office is good, rather than herding them into clinics. They
get more individual attention. There is a place for clinics. There is a
ifine place for county hospitals. And there is a fine place for programs
like this.
Senator Beard: Now that you do not have authorization forms,
do you find the forms any more trying than C. P. S. or an insurance
company's forms?
Dr. Telford: I sat as a C. M. A. representative of the forms com-
mittee with the social welfare department. I have some knowledge of
this. I do not feel that the forms are too bad.
Senator Teale : Do you think the white card detracts from the
recipient's dignity?
Dr. Telford : I think so.
Senator Teale: Is that general, do you think?
Dr. Telford : Not general. But I am sure there are many throughout
the State.
Senator Teale: In what way has this program fallen down, except
in the instances where the doctor has refused to take care of them be-
cause of the fact that they have a white card?
Dr. Telford : It has fallen down, I think, because regulations are
creeping in between the doctor and his patient.
Senator Teale : Let 's amplify that a little more. I am interested. The
medical director who is in charge of the authorization unit of Los
Angeles County told us that there is nothing within the law which
allows the medical consultants or the department to refuse a patient
the right to seek any doctor he chooses.
Dr. Telford: That's right.
Senator Teale : And there is nothing in the law which will prevent
the doctor from treating the patient.
Dr. Telford : He will treat them whether he gets paid or not. But
there are things in the law which keeps him from getting paid.
Senator Teale : There is nothing in the law which will prevent him
from using his own individual treatment, the treatment he feels best
for that patient.
Dr. Telford : Only in the restrictions on the number of times that
the patient is to return to his office. It will be interesting when we
have a figure on how many are acutely ill and how many are under
continuing care; have been and will continue to be. You are hard
pressed sometimes to put a diagnosis on them unless you want to
make a whole list of the fact they are getting older.
EDWARD I. LEVY, M.D.
President, San Diego County Medical Society
The doctors are interested in the good care of the aged and needy.
Sometimes patients can't get good medical care in this State because of
indigency. With that I have to agree. The objection that the doctors
have, though, is that we want a direct relationship with the patient.
If there is a governmental agency involved, we would prefer they lag
behind the patient and not come between the doctor and the patient.
The point about the drugs is very important. The fact that drugs
are costing the program so much either means thev are being over-
SENATE INTERIM COMMITTEE ON SOCIAL WELFARE tO
prescribed or the fees are too high. It is probably a little bit of both.
There are instances in the State where certain doctors and other
vendors of medical care are perhaps prescribing; drugs that should not
be prescribed, such as vitamins or Baum-Beu-Cay in a large sum.
The law tlie Legislature passed may be a good law. But it differs in
practice because of the regulations that have been set up. Sometimes
the intent of the law is clianged by regulations. Some objections we
all have are : Blanketing all recipients under the law regardless of their
degree of need ; two, prohibiting physicians from carrying on their
medical judgement unless prior authorization is obtained; three, we
would liJve to liave one system of payment, whatever it may be, rather
than a dual system of payment; and four, the real interference with
the patient-physician relationship.
Senator Arnold: What do you mean by that, "regardless of their
degree of need ' ' ?
Dr. Levy: All people on these aids are eligible for care and some
of them may not need as much help as they are getting. Some of them
may need more help. Families should have a certain amount of re-
sponsibility in taking care of their own needy if they can afford to.
There arc manj^ of these patients who should first obtain help from
their families before they apply to the State. Many patients are able
to get care, good care in a doctors office at a reduced fee. The doctors
would rather reduce fees and be partly reimbursed by the county later
than have everyone blanketed in under the law.
Senator Beard: It seems mostly a philosophical difference that you
have witli the program. Could that same philosophy be applied to the
whole Old Age Security program, insofar as food, rent and the other
provisions ?
Dr. Levy : No ; not necessarily. The count}^ should decide who gets the
care and it should be provided at the county level. I would like to see
liaison established at the county level ; negotiations between the county,
the physicians, other vendors, and the county board of supervisors. It
would be on a county level rather than having blanket criteria set up
by a federal or state agency. This may be difficult to do and may be
impossible.
LEON DORE
California Physicians Service
I wanted to correct an impression that we always issue a double
signature check. All our programs issue a single check to the member
doctor. There are some exceptions to non-member doctors when they
submit bills. Only in that instance do we issue a check in the name of
the physician and the patient.
ALLEN R. THOMPSON, D.C.
President, San Diego District Chiropractors Association
The doctors of chiropractic of this area are in full accord with the
program, and have had complete co-operation from the welfare de-
partment. We would like to submit the following recommendations
for your consideration :
1. There should be one manner of payment, made in all cases to the
physician.
76 SENATE INTERIM COMMITTEE ON SOCIAL WELFARE
2. Remuneration shonld be at full scale rather than a percentage of
the regular fee. When alloAvances are made for food, rent, clothing
and so° forth, it is for the full price the recipient is expected to pay.
The doctor should not be the only one receiving a percentage of his
regular established fee.
3. More local control should be allowed the county department in
establishment of some policies. An example is that of the recent county-
wide drive for the elimination of cervical cancer by its early discovery
through the use of Papanicolaou Smear in all female patients regard-
less of their complaint.
J. K. CHRISTIE, D.C.
Chairman, Insurance Committee, San Diego District Chiropractors Association
Senator Teale : Have you noted any marked increase in the usage of
your services by this group of people?
Dr. Christie : I would say no. Perhaps there has been a decrease. A
lot of the people know they can receive care now perhaps and have a
greater sense of security than they had before. As a result I find they
use it only when they need it. Before many of the recipients were
regular patients once or twice a month. Now they feel a greater sense
of security; they know they have this at their beck and call and they
don't use it as often as they could. That has been my personal observa-
tion.
I have found that all of mj people are very proud and happy they
have this white card. It seems as though people, when they get on in
years, like to have security. These older people feel this card is a
great security to them because they know they have it at their disposal.
That is something they didn't have before.
CARL MULDER
Chief, Bureau of Medical Care, State Department of Social Welfare
I wanted to clarify something that came into the meeting today and
yesterday. It is the question of the ' ' truly indigent. ' ' The law requires
that eligibility for medical care be established, the same way as it is
for the cash grants recipients receive.
Another area is the recipients who have relatives responsible to sup-
port them. The Legislature over the years has liberalized the respon-
sible relative scale. At the present time, the married daughter, unless
she has some separate income, is not liable for the support of her
parents. As a result there are some cases where the daughter will bring
a recipient to the doctor and make an appearance of greater property
than the average run of recipients. But under the law the married
daughter by and large has no responsibility and the responsibility of
the son is limited by a scale. We cannot create a tighter eligibility re-
quirement for medical care than is done for the cash payments.
In aid to children, of course, the eligibility requirements are tighter
all around, and we have heard no complaints on that score.
EARL L. RICHMOND, D.S.C.
Affiliated Chiropodists of America
The program, being as vast and as new as it is, naturally had a lot
of kinks in it. I personally appreciate the co-operation I have had from
SENATE INTERIM COMMITTEE ON SOCIAL WELFARE 77
tlie welfare department. Tliere arc a eou])le of tliin<is that could be
chang'ed. One thinj^' is that the sendinji' of the money to the patients.
Then another eommunieation has to be sent to the doetor, which dupli-
cates the ett'ort. There is always a chance that the patient may not get
the money to the doctor. The doctor has already earned it so it belongs
to him.
The other thing that should be changed is this business of authoriza-
tion. The medical doctor in San Diego County no longer has to have an
authorization. That is a step forward, and should apply to the surgical
chiropodist.
E. P. BOYDEN
Director, Imperial County Welfare Department
I made two surveys as a result of the cessation of program co-opera-
tion by the doctors in Imperial County. They indicated there were
people in the county who were recipients of public aid who were not
getting adequate medical care.
In the latter part of April there was a meeting held by the council
of the medical society and the board of supervisors where these matters
were discussed. The medical society's position was that everyone was
being taken care of satisfactorily, all medical needs were being met.
And my position was that even without this program or without par-
ticipation of the doctors, they were not. I felt the surveys indicated a
lot of people were not being adequately cared for, so we had a difference
of opinion.
That difference of opinion has not been resolved. I made the proposal
at that time, since there was a ditt'erenee of opinion, that we should
secure someone who was objective, not connected in any way with
either the medical society or the welfare department to make at least
a spot check to find out from a purely objective standpoint what the
situation was. Then we wouldn't have to rely on the opinion of any of
us. We would have facts from an unbiased standpoint. That sug-
gestions was not accepted, and this has not been done.
As soon as I found out that C. M. A. was not objecting to this bill,
that none of the doctors were objecting to it, no one had appeared
before the Legislature to object, then I thought it must be satisfactory
to our medical society, and I therefore ceased my objection to it.
Senator Murdy : Was your objection strictly on the basis you thought
the doctors were not going to like it ?
Mr. Boyden : No. My objection was really on the basis of the precipi-
tateness with which it was being enacted. I thought we ought to have
more time to study it, and then perhaps have some sort of trial run.
Then on the basis of study hearings, and the trial runs, enact legisla-
tion, rules and regulations that would be more acceptable to everyone.
That was my position.
Senator Arnold : Has your department had any claims for medical
services since the program has been in effect 'I
Mr. Boyden : Oh, yes. The doctors in Yuma, just across the river,
are servicing all of our clients in the Winterhaven-Bard area of Im-
perial County. Their services have been regular and continuous and
the claims are going in. AVe also have two doctors in the county who
are not members of the medical society and they have been giving
4— L-4856
78 SENATE INTERIM COMMITTEE ON SOCIAL WELFARE '
service and seiicliug in their claims. The chiropractors have been com-
pletely co-operative and have serviced whoever comes to them and sent
in their claims. We also have the clinic at the connty hospital. Services
are being rendered to categorical aid cases and paid for ont of the
medical care fund.
There is a big problem, because the location of the hospital and
clinic is such that only a few can get to it without a great deal of
effort. Some can't get there at all.
For example, people living in the Niland-Calipatria and AVestmore-
land areas. To get to the county hospital clinic they have to catch a
bus about 6 a.m. That means they would have to get up around 4.30
in order to catch a bus and get to the county hospital in time for the
clinic. Then after clinic, their only means of getting back is by a bus
that comes by a little before 2 p.m. to get into El Ceutro and catch
another bus that comes through there about 2.35 they get to Brawley,
Westmoreland, Niland, and Calipatria, 3.30 or 4. That is a pretty
rugged day for a person 75, 80, or 85 years old, who is ill, and many of
them find it just impossible to do. The same thing is true with the Aid
to Needy Children cases.
So they find that it is impossible in some situations, impractical in
others. And the clinic is held only on Tuesdays or Fridays. They can't
always get sick on those particular days. The cost of making this kind
of a trip is just about as great as the doctor's fee. So, many have been
going to the private physicians. They have been getting service, and
they have been charged for it. In a majority of cases a charge is made
by the doctor, and if the person has the money he is expected to pay
for it. A great many of them do. Those who don't are billed. Then the
patient has to go and buy the medicine.
As revealed here this morning, the medicine is more expensive than
the doctor's visit and they have no money out of which to buy these
things except their grant. They cannot be reimbursed for this expendi-
ture by the welfare department any more, so it amounts to a reduction
in their grant in proportion to the amount they have to pay the doctor
and the druggist. Sometimes they can get by without paying the doctor
even though he bills them. But they can 't get by at the drug store. They
have to put out that money before they get the medicine.
Senator Murdy : Despite the fact you opposed the program when it
was before the Legislature, you still think it serves a good purpose 1
Mr. Boyden : Definitely. The medical care situation before this pro-
gram was inadequate too. The doctors say medical care was adequate
before this program. Medical care was fairly adequate to those people
who had outside income. But the people who had no outside income had
no medical care. Just like these people now, many of them would not
go to a doctor even when they needed to, feeling that they were relying
on the charity of an individual doctor. They will accept the money for
care from the welfare department as being their right according to law.
But when it comes to begging, at least it seems like begging, for the
particular favor of an individual, then they feel differently about it and
lots of them won't go.
Senator Teale: What were your county facilities for taking care of
your indigents prior to October 1, 1957 1
SENATE INTERIM COMMITTEE ON SOCIAL WELFARE 79
Mr. Boydeu : The county facilities were the couuty hospital and clinic.
The clinic operated two days a week at that time serviced by two doc-
tors. Then there was medical care we could provide through the public
assistance grants. That is all ^\e had.
Senator Teale : What provisions had been made for emergency out-
patient care at the time the clinic was not in operation?
Mr. Boyden : There were always two doctors in residence at the
county hospital. Any emergency that came to the county hospital, they
would take care of,
Senator Murdy : How many beds in your county hospital ?
Mr. Boyden : About 70 or 8U.
Senator Murdy : A large outpatient department, also i
Mr. Boyden: Y'es. They have a great many people coming to the
county clinic as outpatients who are not recipients to categorical aid.
Senator Teale : How much of an expenditure does Imperial County
have to make and how many more installations would have to estab-
lish if they were to furnish the amount of care that would be possible
with the doctors in Imperial County using the medical care program ?
Mr. Boyden : In the month of May there were 97 categorical aid cases
that went to the clinic at the county hospital. We have about 2,600 per-
sons altogether on the categorical aid. That includes children as well
as adults. Statewide approximately a third of the persons in the
caseload will likely need medical care each month. That would indicate
about bOO per month would need medical care of some sort. How many
doctors and clinics it would take to take care of that 800 people each
month I don't know. 1 haven't any idea.
Senator Teale : You would, I assume from what you said, you would
need more than one? You would have to scatter them out in the
country ?
Mr. Boyden : Yes. In order to meet the transportation problem.
Senator Teale : Your definite feeling is they are not getting the care
that they should?
Mr. Boyden : That 's right, sir.
EARL CAVANAH
Chairman, Imperial County Board of Supervisors
I don't think there is much that I can add to what Mr. Boyden has
said. I have been a member of the Supervisors' Association Relief
Committee for some 10 years and followed this work up very closely.
I think that you have been to many of those meetings and probably
know I was on the conservative side. We still feel that way. When this
program was established, the supervisors went out for it and hired the
extra doctor to take care of the hospital. AVe thought it was working
all right. We've got a fine bunch of doctors in Imperial Valley. We
don 't wish to find fault with them. I think they are all very, very busy.
I know my own personal doctor tells me he takes in a hundred or more
patients some days.
The travel problem is one that we must face. Another is the clinic
at the hospital. They are not manned to take care of this volume. We
would take care of it possibly if we had other doctors. We are actually
looking for doctors and just can't find them. We do hope a program can
be worked out which we can co-operate with and that the doctors will
80 SENATE INTERIM COMMITTEE ON SOCIAL WELFARE
be able to join and give eare to those people who we feel are unable to
obtain it at this time.
Senator Murdy : You are aware that your legislative advocate for
the California Supervisors' Association supported this program in
Sacramento ?
Mr. Cavanah : I am aware of that, and also aware of the support of
the Assembly and the Senate and the California Medical Association.
Senator Beard: Has the county's cost gone up considerably since the
society has, so-called, "boycotted" the program?
Mr. Cavanah: Yes, it has. AVe are handling some days as many as
75 people in the clinic now and our cost has gone up. We are taking
care of many of these people that would be taken care of were the
program carried out.
Senator Beard: Can recipients get drugs through the program by
attending the clinic ?
Mr. Cavanah : Yes.
Senator Teale: Is it your impression, or the supervisors, that your
indigents in the county could use more medical attention than they are
getting ?
Mr. Cavanah : They could use more. Yes.
Senator Teale : There is a need for doctors, for more attention on
their part?
Mr. Cavanah : I am sure there is. And I am sure there is a shortage
of doctors there to take care of the other practice too. That is the reason
it makes it so hard, and the doctors can't go along w^ith this program,
very w^ell, I presume. It is hard to get an appointment in a doctor's
office.
HAROLD BEHNEMAN, M.D.
Chief, Medical Services, San Diego County Welfare Department
There have been no cases brought before the review committee of the
San Diego County Medical Society. Mr. Detrich and I have had the
utmost co-operation of the county medical society, as well as the other
practitioners' societies. We have been very close to them. I have had
the fortune to be dealing with a group of professional gentlemen and
it has been very enjoyable.
Senator Teale : You are dealing wdth the authorization slips and
scanning the billing forms as they come in ?
Dr. Behneman : I was until April 1, 1958. Since then Ave have only
had the billing forms.
Senator Teale : Have you on any occasion felt the need to interfere
with anybody's treatment?
Dr. Behneman : Xo. My understanding of medical consultant in this
program has been that he is a consultant only to the county welfare
director, to advise him, "Can we pay for this procedure," "Is it on
our program," or "Should it be allowed?" I am in no sense a con-
sultant to anyone else. Sitting at a desk I would not think of question-
ing a doctor's judgement.
Senator Teale : Is it your understanding of your job that you have
any right to question a doctor's judgment?
Dr. Behneman : No. I can advise him as to what we can pa^- for.
And if there is a trend in bills coming through indicating there might
SENATE INTERIM f'OM IMITTEE ON SOCIAL WELFARE 81
be overuse or abuse. 1 have the privih^<i'e of bringing' that person before
a review committee. We have review eomniittees of each of the four
societies. I have met with each of them to talk thing's over in g'enerah
Senator Teale : You have had no occasion to bring- up a case of the
matter of overuse or abuse ?
Dr. Behneman : No. I am watching maybe six men in all four profes-
sions, and that is all. They may not develop any further. I have close
personal contact with the practitioners. There is first a phone call or
letter from me or an attempt personally to straighten out anything. If
the time comes that a review committee has to be approached, it will be
done anonymously, and the practitioner will have the privilege of
coming before that committee. If he does not like the decision they
give, then he has the director of welfare and the district attorney
beyond that.
Senator Teale : To go back to the period when you had prior author-
ization, did you have men using procedures that normally would require
authorization before the authorization was obtained, either inadvert-
ently or because it was expedient to do so ?
Dr. Behneman : Very little. From the start, verbally, by letter, and
by bulletin, I stated that my definition of "emergency" was not a mat-
ter of loss of life or limb, but any illness or injury wherein a two
weeks delay of any procedures in waiting for authorization would be
harmful to the patient.
Senator Teale : Then you followed the policy of mixing a little horse
sense in with it ?
Dr. Behneman : I have tried to. The only time I may have been a bit
stern, and right from the start with good co-operation, is in relating
the procedures requested to the diagnosis. There is one exception. That
is the Pap smear for the detection of cancer. It is worth the money we
spend in this county for anyone to do a Pap smear. This has saved the
lives of 80,000 women in the past five years. For the little it costs, we
should have the permission of any directive to allow it regardless of
the diagnosis.
Senator Murdy : How long have you been Chief of Medical Services ?
Dr. Behneman : Since the day the program started. I was an internist
for 39 years, and for a year I was Director of the Crippled Children's
Program in the State of Arizona, and administrator for the Children's
Hospital. Then for three years 1 was in the field surveying and inspect-
ing hospitals for the American College of Surgeons.
Mr. Oppmann : In San Diego did nonprofessionals, nonmedical per-
sonnel approA^e or disapprove requests for prior authorization?
Dr. Behneman : No. I looked at every one and signed everv one ;
12,800.
HOMER DETRICH
Director, San Diego County Welfare Department
Senator Teale : What is the difference in administrative costs be-
tween the case you paid from outside income and the case paid from
the Medical Care Trust Fund ?
Mr. Detrich : It is quite difficult to break this down from the other
jobs of the social workers. But it seems to run roughly just about twice
as much for payments from outside income.
82 SEXATE iNTERTivr ro:\r:\riTTEE on social welfare
Spiiator Miirdy: What is yonr sreneral appraisal of the program?
Mr. Detrich: Many of the problems we anticipated were certainly
there when this program began. At the present time, however, we feel
pretty comfortable. There are still areas that conld be improved, both
statutory and in the rules and regulations. The County Welfare Di-
rectors' Association with the State Depai'tment of Social Welfare have
been working continnonsly to improve rules and regulations and we
have made a lot of progress. I feel quite pleased in the progress over
the last six or eight months.
In terms of the law, it wonld simplify our work as well as make our
relationships better with those in the commnnity if we conld have a
uniform payment plan. I hope the law doesn't become complicated by
detail, as many of the other welfare programs have. I personally would
like a greater degree of local autonomy and to have the funds allocated
on a fixed basis to the counties. Then I would have some concern about
administrative control of the fund. I would like to have the responsi-
bility for getting the most out of the money that might be allocated to
San Diego County. Our services might not be limited on the basis of
how someone else administered their program. AVe could stand on what
we were able to provide from the money allocated to San Diego if it
were not a state-wide trust fund Avhere everyone is dipping into the
pot as they need it.
Senator ]\Iurdy : Have you compiled any figures on the cost of ad-
ministration, percentagewise ?
iMr. Detrich: Yes. They are somewhere around 9 percent of the ex-
penditures.
Mr. Oppmann : Do the public clinics use the same forms as the pri-
vate practitioner?
Mr. Detrich : Currently, yes. AYe had originally attempted to use an
actual cost system — the county hospital would submit a bill for the
actual per capita cost — not something that was in relationship to a fee
schedule. We were trying to justify this because it was always less than
the fee schedule might have been under the same circumstances. How-
ever, currently, we are requiring the county hospital to go through the
same procedure that the private practitioner is using.
Mr. Oppmann : What has happened to the caseload at the county
clinic?
Mr. Detrich : A month ago it amounted to somewhat over eight hun-
dred individuals who had been seen.
I am not able to answer for the policies of the county hospital, but
1 can say this: in all of those instances where the reasonableness of
treatment would expect that a patient would return to the out-patient
clinic, the county hospital is not restricting their return. In every in-
sance where the patient is eligible under this program and has asked
for care, the question is asked whether or not they could see a private
physician. The hospital feels strongly that they cannot refuse service
to anyone. But wherever there is another resource available they feel
they should help the recipient find and use it.
In many instances, in relationship to operations and so on, the con-
tinuity of care make its reasonable for them to continue at the county
hospital. In these instances no question is raised. It isn't a restrictive
plan that the hospital has inaugurated. It is purely that wherever
SENATE INTERIM COMMITTEE ON SOCIAL WELFARE 83
recipients could make arrangements for a private physician, they are
encouraged to do so.
Mr. Oppmann : Do the figures you gave represent a drop in the out-
patient caseload when compared to those prior to October 1, 1957?
Mr. Detrich: Yes. I have forgotten the percentage factor that was
given to me at one time by the hospital. But it was in the neighborhood
of a 37 percent drop from their previous load.
Mr. Oppmann : Is this an administrative policy or is this a county
statutory policy ?
Mr. Detrich : I don 't know.
MR. JAMES MacLAGGAN, M.D.
Councilor, San Diego District, California Medical Association
Dr. MacLaggan : It is part of the county charter ; statutory. The
definition of a medical indigent is a person who cannot afford his own
care or otherwise obtain it.
Mr. Oppmann : Do you think the Pap smear which you are encourag-
ing under the Medical Care Program represent at least in a small way,
some of the local autonomy attainable in the program?
Mr. Detrich : Yes ; it does. With more experience on the part of the
county welfare department, we don 't feel quite the same doubts we had
about this particular one when it first came up. Many things that fell
into the area of preventive medicine caused some concern at the be-
ginning, including flu shots. We weren't very sure whether they were
intended to be within the program. And there was some doubt on the
part of the State Department of Social Welfare. We have not had any
indication there was any objection to our including this as a part of the
San Diego project for them.
Mr. Oppmann : From your standpoint as an administrator, which
way should a unified method of payment be made ?
Mr. Detrich : It is less expense when it is delivered directly to the
doctor. We would rather have it that way. This doesn't take into ac-
count any of the philosophical aspects of it, but is purely from a cost
basis.
We are blessed with the internal control that the local societies have
shown. We don't see anything so far showing up in terms of abuse
under this arrangement than we had under prior approval. It has been
an excellent experience.
A statement was made by Mr. Mulder concerning the prescriptions
for drugs not being limited in quantity after December 1st. In San
Diego County a limitation has remained. We said 90 days even though
the State had removed a 30-day limit. This seems a reasonable time that
a client could be assumed to continue his eligibility for aid. We didn't
feel that it was appropriate for prescriptions to be out for a period of
time that might cover an ineligible period. This hasn't caused much of
a problem for us. But it does make some difference from the statewide
rule in this regard.
Mr. Oppmann : Does this county -imposed time limit on prescriptions
represent another example of the local autonomy you have in this
program ?
Mr. Detrich : Yes.
84 SEXATE IXTERIM COMMITTEE OX SOCIAL WELFARE
SAN FRANCISCO— JULY 6-7, 1958
STANLEY R. TRUMAN, M.D.
Private Practitioner
I am a g:eneral practitioner in Oakland, California, and do not repre-
sent any organization. I am here because some remarks I made to
the California Medical Association in April, 1958, were heard and it
was thought the committee wonld like to hear as much as I can re-
member of what I said.
I told the doctors in Los Angeles that the care of the indigent was
no longer the sole responsibility of the doctors, any more than the feed-
ing was the responsibility of the grocer. This is an obsolete idea. I
stated that the care of the indigent was now the responsibility of the
citizens of the State of California and not of a single group.
I went on to say that the legislators are representing the people of
California and have felt that the elderly indigent and others were not
getting the best medical care they could get, and the best medical care
that could be given would be in the offices of the doctors. Irrespective
of the increased costs which they knew it would entail, they went ahead
and made plans to accomplish this. This is what we are working under
now.
I made a brief survey of the patients that I have seen under this
program. From last October, 1957, to June, 1958, I have had eight new
patients under this plan. They had 25 diseases or conditions needing
treatment. Seventeen of these conditions had not been previously cared
for in the clinic system by which they had been cared for previously.
When one goes into a clinic, one goes up to the admission desk and
a nurse or secretary says, "What is the trouble?" And the person
says, "I have varicose veins," or " I have a pain in my chest," or "I
have shortness of breath," and they are then referred to a varicose
vein clinic, to an arthritic clinic or cardiac clinic. If you go to the
varicose vein clinic, you are treated for varicose veins. You are not seen
as a whole person. However, when one goes to a private office, one is
seen as a whole, total person and is more likely to get more comprehen-
sive medical care. This has been the experience that I have had so far
with these eight new patients which are being cared for in my private
office. I felt that these people were getting a higher quality of medical
care, although it is definitely costing the people more money.
I have been thinking of the things that irritate the doctors. There are
many things; some of them are emotional and some of them are of a
practical nature. One is the interference by a third party. At the pres-
ent time you have to get prior authorization. This is a darn nuisance.
It is also a great deal of work. There are other things, like the patient
often being unco-operative. This is frequently the nature of the elderly
person. Many of these elderly persons are very co-operative, but fre-
quently some aren't. Some of them are mentally slow. Frequently they
are lackadaisical towards taking care of themselves. You prescribe some
medicine. Sometimes they take it. And sometimes they say, "Well, it
doesn't seem to be doing me any good," and their condition stays the
way it was. Many of these elderly people have a low standard of
nutrition and they don't care. This is extremely frustrating to the
doctor.
SENATE INTERIM COMMITTEE ON SOCIAL WELFARE 85
Then, there are abuses of the j)lan. This is an interestinfj thing
because it comes from many anjiles. I have a patient under the plan
who lives with her sister in Piedmont in a house that costs about
$85,000 to $100,000. This sister has a Cadillac. And yet here she is
under the plan.
Some of these people have found it is cheaper for them to have me
call at their homes than it is for them to come to the office. They have to
pay the bus fare when they come to my office. If they are taken care
of in their house it doesn't cost them anytliino-. Therefore, very fre-
quently, they will insist on house calls which are totally unnecessary.
Now, fortunately, I can be a little tou<>h in my relationships — straight
forward. I say to them "Well, if you can go to the movies, you can
come to my office," and that's that. But there are other doctors that
get much more irritated about this than I do.
Doctors are citizens too. They realize that this plan is costing more
money and they are paying more money in real estate and sales tax
and income tax. Taxes getting higher and higher irritate them about
as much as anybody else. They get the feeling sometimes that this is a
lot more costly than it would be to care for these people in the clinics.
And, as citizens they begin to feel that the government should begin
to economize rather than try to be luxurious in the care of people who
don't have money needed to take care of themselves.
Those are some of the thoughts I had as to w^hy doctors are not
liking this program.
Senator Arnold : Do you mean this program costs more money to
give the same treatment?
Dr. Truman : In the first place, people are going to get more medical
care this way. As I said, when I go out to the arthritis clinic and the
patient comes in, I treat his arthritis. I don't look for varicose veins,
high blood pressure, diabetes, asthma, I don't look for anything but
arthritis. I may be the same competent physician but when I'm out
there, I take care of one thing. This is one reason why it is going to cost
more money.
In the second place, when I am taking care of a whole person and am
directly responsible, I do more thorough work. I am \ery likely to do
more things.
Senator Beard : Did any of your former patients come in to you with
a white card under this plan?
Dr. Truman : Yes, about 17 of my former patients.
Senator Beard : Have you evaluated as a businessman rather than a
physician whether on those 17 patients you are as well off financially?
Dr. Truman : I am better off. Let me explain it this way. I still do
everything I think the patient needs and I do the same things I did
before. When I take care of the patient now, I get paid in full for all
that I do. I used to charge each person either two or three dollars a visit
and, now, I get $4 a visit. If before I felt that they needed an electro-
cardiograph, I would discuss it. Everything over the regular office visit
I would talk over with the patient and see what he could afford. Very
frequently I would just throw it in and forget it.
You see, we would like to do charity as doctors. This is a very soul-
satisfying type of thing. We would much rather do charity to people
than to give a check to United Crusade. It is much more satisfying to
86 SENATE INTERIM COMIMITTEE ON SOCIAL WELFARE
take care of somebody and do something personal and, therefore, we
all like to do these things. We have a lot of these old people who are
our dearest friends. "We call them our ' ' old pets. ' ' They are delightful
old souls that are in trouble financially, and it is a pleasure to take
care of them.
We actually take care of them now just the same way, except when I
do an electrocardiagraph, blood cholesterol, urinalysis or physical ex-
amination now, I do something that I didn't do before.
Senator Beard : Doctor, following up these 17 that you treated prior
to this program, could all of those afford the drugs that they are now
getting under this program?
Dr. Truman: I would say not. But again, there are a few rackets
that you can pull. I used to beat the detail men out of these drugs.
When one came around and tried to peddle some expensive drug, he
would say, "Well, could you use these on any of your patients?" And
I would always say, "Yes, I have a patient that I am very anxious to
try this drug on." So we could usually get enough if they needed it.
If I needed something, I would call up and impose upon some of my
druggist friends too.
Senator Murdy : Do you have any suggestions for the improvement
of the program?
Dr. Truman : I really think that co-operation between doctors and
the people who administrate it will be a means of working it out. The
most difficult things at the present moment are the dual payment and
prior authorization.
BURKE E. SCHOENSEE, M.D.
President, Imperial County Medical Society
The general stand of medicine has already been presented to you in
Los Angeles by Dr. Francis West, C. M. A. president. The Imperial
County Medical Society stands unalterably behind those expressed
principles, being among the first and certainly not the least vigorous
society urging repeal and not modification of Assembly Bill No. 679.
Let us proceed then to particulars.
It is our conviction that in Imperial County there was no need for
this legislation. After four months of the program, medical care for
indigents had not improved, red tape had increased, costs for care
were up, and abuses by patients were evident. Clear also in our ears
were the words of our county director of social welfare who presented
the program in September to the executive committee of our society:
"You men might as well spend this $144,000 allocated to Imperial
County or it will be spent elsewhere."
As a result, the Imperial County Medical Society in early February
unanimously and collectively passed a resolution similar to the one
later adopted by the C. M. A. house of delegates. At the same meeting
each and every member voluntarily and without coercion pledged him-
self to provide indigent medical care outside the provisions of the Medi-
cal Care Program, either free in his office or the home or by arranging
for care through the county hospital and clinic with which the society
Avorks, in full co-operation. No practicing member of the society has
billed the fiscal agents for the program from February 11, to the present
SENATE INTERIM COMMITTEE ON SOOIAIi WELFARE 87
(late. At our meeting last month it was the clear intention of the mem-
bers to continue this course.
In iinplementino' this stand we have met at lenj>'th on two occasions
with the board of supervisors, most recently last month. We promise
to provide the medical care ; they will see that the patients get neces-
sary drugs and medications either through the county hospital phar-
macy or from private drugstores using emergency funds. They whole-
heartedly agreed to this co-operation with our course of action and,
moreover, endorsed our care of indigents in the past. The only dissenter
on the board was the one who testified before this committee in San
Diego. I have been authorized by another member of the board to
publicly state that the supervisor who appeared before you does not
represent the board, but appeared as an individual.
As, I believe, the only county medical society to practice 100 percent
nonparticipation in this program, we have been the object of con-
siderable attention from several quarters. Social workers from the
county welfare department have utilized their valuable time to obtain
and compile limited and noneonclusive statistics. Not one formalized
complaint has been brought to us. And what is even more remarkable,
not a single adverse "letter to the editor" by a recipient has been pub-
lished in our county's papers.
We have been sold down the river repeatedly in recent years by the
' ' down, boy ' ' talk ; that standing up for our rights and aims as doctors
would be "poor public relations." Other legislation like Assembly Bill
No. 679 has been thrust upon us, using this device or the claim of
inevitability. We know we are already trapped into considerable ' ' third
party ' ' medicine. We have had all the interference between us and our
patients that we will tolerate. We want to draw the line at this program
and then steadily push that line back, realizing that it cannot all be
done at once. We need the help of able legislation and lawmakers to
preserve, not stifle, the private practice of medicine with its doctor-
patient relationship. Such principles have given us, indisputably, the
finest medical standards in the world. Giveaway medical programs will
not further that aim.
You people have the feeling that paying doctors to care for indigents
is going to sweeten the program up for us. We are not asking for pay
for treating the people who are genuinely needy. We have given our
services for many years and we will continue to do so.
I think there is a very small proportion of people who are true indi-
gents. Our experience is that most people have some source of income.
We found, as many other doctors did, that patients who previously were
paying us appeared with white cards under this program.
MARTIN HUTCHISON, M.D.
Medical Consultant, Sonoma County Welfare Department
I had been in general practice for some years and was forced to retire
because of health. Now I am the Medical Consultant for the Sonoma
County Welfare Department.
There has been some need for this program in our county. It has
furnished home care and private physicians' care for clients in the
more rural areas where there were problems of transportation to our
88 SENATE INTERIM COMMITTEE ON SOCIAL WELFARE
centrally located public clinic. It has also furnished emeroencv and
home care that was otherwise not available to clients, even in the cen-
tral area of our count}-.
The following are some suggested changes or needs where improve-
ments could be made :
1. All payments should be made directly to the medical vendor for
services rendered.
2. All payments should be made in the same manner. This would
eliminate much clerical work for the social worker, would make for a
smoother running operation, and would improve relations for all par-
ties concerned.
3. An attempt should be made to dispense with the present prior
authorization procedure. An equally effective control could be arranged
to prevent patient or vendor abuse when bills are processed. Some
control, however, is essential to prevent abuse by the majority of
clients and medical vendors. This would greatly improve phj'sician
acceptance of this program.
It has already been stated that the cost of this program has been in
the 50 percent range for pharmaceutical items. The last figure that I
heard Avas 51.2 percent. I have talked with several druggists in our
county. It is my feeling from having talked with these people that the
fees they are getting for drugs under this program in our county
are equal to, and sometimes greater than, the fees charged on a private
basis.
The pharmacist will say, if confronted with a statement like this,
that you can compare their private fee schedule to this program's
schedule, and the program's schedule is roughly 5 to 15 percent lower.
However, the fee schedule used privately is used as a guide. It is not
uncommon for them to charge $3 to a private patient for a $3.80
item.
Senator Murdy : I assume from your testimony that you feel the
program is rendering a service to the aged that was not rendered
heretofore ?
Dr. Hutchison: Before October 1st, I wasn't familiar with the wel-
fare department's workings at all, and most physicians are not. In
fact, in my private practice I would see many of these recipients of
aid often and I never knew whether they were on welfare or not.
I treated many cases for nothing and also have given them samples,
like Dr. Truman has indicated. However, after working in the welfare
department, I am beginning to realize — and I think many of the physi-
cians would — that there are a great number of people who do not have
the money to get the medical care they need.
In private practice I felt that everybody was getting good care.
And in our county they were getting good care. Shortl}' after the start
of this program, however, our county clinic dropped oft' from around
1,200 patient visits a month, to around 700. Gradually, over the months,
we are back now to the same level. In May tliere were some 1,300 visits.
All our count}^ visits aren't just for welfare recipients. They are
also for the medically indigent and some emergencies. But at the same
time, in our office, we are finding that the doctors and clients are using
this medical care program to a greater extent each month.
SENATE INTEROr COMMITTEE ON SOCIAL WELFARE 89
Some assumption has to be made from this. Either the clients are
getting care they don't need, or clients are getting some type of care
they did not have before.
Senator Arnold: Do you think there were people who weren't re-
ceiving care because they didn't have the means and they were, per-
haps, reluctant or failed entirely to consult a doctor ?
Dr. Hutchison : In our locality anybody that has re(|uested care has
always gotten it, either through the county hospital or the private
doctor. Many times in my office — and I had a busy practice — you would
never know whether a patient was on welfare or not and, obviously,
you charged them your usiuil fee. This has been a misunderstanding
among doctors. The recipients don't like to say that they are recipients
in many cases.
I feel this j)rogram has been of value in picking up diseases early ;
illnesses that the patients had not any acute complaint about. We are
picking up on early examinations and we are picking up some of the
latent diseases that are asymptomatic. From that standpoint it has met
a need. As far as acute illnesses and emergencies go, our people have
never wanted.
Senator Arnold : Do you think that there are people who are re-
luctant to recpiest medical care because they think that they can't
afford it ?
Dr. Hutchison : That is the biggest reason. They are reluctant to
ask for it.
ERNEST LONG
East Bay Association of Nursing Homes, Sanitariums, Rest Homes and Homes for the Aged
I was asked to bring a letter from the association :
"Dear Sonator Murdy :
This chapter has lieeii informed that there is a move to repeal the Medical Care
Rill enacted and put in force during; 19r»7.
The membership of this chapter has directed me to write your committee stating
our complete disapproval of a repeal of this law for the following reasons :
1. The guests or patients in our homes, who come under the jurisdiction of
medical help from the state or county agenceis, are getting better care now than
under the past system of clinical care.
2. The ones receiving the treatment should be allowed to have a voice in choosing
the method or place of medical care.
o. Each person riow feels like an individual and not part of a regimented program.
4. The patient under the present system is not forced to wait, sometimes for hours
under trying conditions, to be attended to.
n. The operator of the home can give more and better reports to the attending
physician under the present system.
G. The dignity of human rights will be cherished and protected by keeping the
present law."
It is with these reasons our chapter would like to go on record
favoring the continuation of the present law.
MASON ANDERSON
Associate Budget Analyst, Budget Division, Department of Finance
Chairman, Interdepartmental Medical Fee Committee
In this presentation, I represent the Interdepartmental Medical Fee
Committee. Your chairman has asked for a report on our progress.
You ma}^ recall the circumstances which, during the 1958 Budget
Session, brought about the activation of this committee. Increases in
90 SENATE INTERIM COMMITTEE ON SOCIAL WELFARE
the medical fee schedules of the Department of Public Health aud the
Bureau of Vocational Rehabilitation were deleted by legislation budget
committees from the Governor 's Budget because of the yarianee among
the fee schedules because this created a tendency for a spiral situation.
When one schedule was increased, others would be affected. These
committees also felt that a statewide study should be made to determine
the adequacy of present fees and the justification for future increases.
With the active co-operation of every department head, the Department
of Finance called together the departments concerned.
To this date, and I have every confidence in the future, full co-opera-
tion by the state departments involved is assured. Your executive
secretary and members of the Legislative Analyst's Office have been
invited to the meetings.
The purpose of the committee has been defined as follows:
1. To compile a listing of existing medical fee schedules.
2. Upon request of operating departments, to study and recommend
action on existing and proposed medical fee schedules.
3. To provide for co-ordination and comparability of fee schedules
among all agencies.
4. As the result of the above, to report to the Legislature as to
adequac3' of existing schedules, and justification for fee schedule
changes.
You have been conducting hearings on the Medical Care Program
for Public Assistance Eecipients, and are aware of the complexities
of medical care. Add to this picture the programs of Crippled Children
Services, Vocational Rehabilitation, Disability Insurance, Workmen's
Compensation, and many smaller programs and the complexities of
medical fees is immediately apparent. A comprehensive study must
include fees for physicians care, hospital in-patient, and out-patient
care, drugs, dentistry, and prosthetic appliances.
Much time of our group has had to be expended on specific problems,
such as drug schedules and the reimbursable cost principle. The
members of the committee all have full time duties, but are each giving
their time and skills to this task. We have proceeded with all due
caution to avoid any impression that we are interfering with the
responsibilities of operating agencies or the private practitioners and
vendors.
Senator Murdy : W^hat studies have the Interdepartmental Committee
made that would affect the Medical Care Program for Public Assistance
Recipients, if any 1
Mr. Anderson : We have spent considerable time on the drug sched-
ule. I have copies of a letter which was sent to Mr. George Wyman,
Director, State Department of Social Welfare, on May 23d, 1958. I
might explain first of all that in accordance with our purpose, this
is a letter sent to the department merely pointing out what we found
out. We have no authority. Lender the law the State Social Welfare
Board sets the maximum allowable fees. But we did point out these
various items.
SENATE INTERIM COMMITTEE ON SOCIAL WELFARE 91
May 23, 1958
"Mr. George K. Wyman, Director
State Department of Social Welfare
Sacramento, California
From: Tnterdepartmental Committee on Medical Fee
"The Tnterdepartmental Committee on Medical Fees reqnests that the Depart-
ment of Social Welfare consider the following facts and snfijgestions in relation to
(he maximnm alloM-ances for prescriptions.
"The committee has determined tliat the maximum allowance permitted under
Chapter lOfiS, Statutes of IDf)?, (public assistance medical care pro<jram), are well
in excess of those used by the United States Veterans' Administration. The com-
mittee further has found that the prevalence of advertising and the furnishing of
trade stamps, especially in Southern California, is evidence of a profitable return
to the pharmacists. Although the committee does not believe that pharmacists
should not enjoy a reasonable margin of profit, it is of the opinion that the pre-
scription fee and the marlaip of materials can be reduced while still allowing a
reasonable financial return.
"Our suggestions for your consideration are :
"1. That the prescription fee be set at $1 and that the markup on materials be
set at 83 percent, this markup not exceed ,$5.
"2. As a simpler alternative to this proposal, the maximum could be set at the
cost of materials plus a markup of 75 percent with an allowable minimum
of $1 per prescription and the 75 percent markup not to exceed $G.
"3. As to compounded prescriptions, the committee suggests that the department
investigate the possibility of allowing the same basic charge as for pre-
compounded prescriptions, plus an additional compounding charge of $1.
(Signed) Mason Anderson"
Senator Murdy : Have you given these recommendations to the State
Department of Social "Welfare?
Mr. Anderson : Yes, sir. The letter was sent ont last month.
Senator Mnrdy: And what action had the State Social Welfare
Board taken?
Mr. Anderson : I am not certain. 1 know there has heen some con-
sideration, but 1 couldn't tell you what it is.
Senator Murdy : In your study of these fees, is there an indication
that the drugstores are anxious, by advertising and otherwise, for the
business that Avould be created by the Medical Care Program?
Mr. Anderson: I couldn't speak to that as having personal know-
ledge. I have heard that the pharmacists — and it is a fine thing — -are
co-operating fully and are quite satisfied with trade.
GEORGE K. WYMAN
Director, State Department of Social Welfare
Senator Murdy : Have you received the recommendations of the
committee on medical fees?
Mr. Wyman : Yes, we have. We have been concerned with this prob-
lem, particularly the fee schedule or the schedule of maximum allow-
ances for drugs. It was at our representatives request that the com-
mittee took its initial look at this problem. As a result of their recom-
mendation, we have written to Mr. Cecil Stewart of the California
Pharmaceutical Association, asking for an opportunity to open negotia-
tions with them, particularly with reference to those drug items which
are rather expensive.
From January through May, 1958, the largest item in all of the pro-
grams has been drugs. Forty percent in ANC, 56 percent in ANB, and
92 SENATE INTERIM COMMITTEE ON SOCIAL WELFARE
60 percent in OAS. Bnt beeanse of the split payment method in OAS
in May, an additional $442,000 was made available to recipients to
pay practitioners. ^Yhen you combine that $442,000 along with all of
the money that is being paid out of the fund, the proportion of the
sum total paid for drugs is probably nearer 50 percent than it is 60
percent. It is my understanding that this is a proper breakdown be-
tween a practitioner's services and drug services. They generally
run about 50-50 in private practice, as well as in other governmental
programs.
Senator Murdy : You have heard the testimony this morning that
there are some abuses in the prescribing of drugs which do not actually
require a prescription. Has the department made any study of this type
of abuse?
Mr. W,ymaii : When the program first started, we heard some things
such as Kleenex being prescrilDed and paid for out of this fund. Our
investigation of those initial occurrences actually turned up that there
was either a misunderstanding or an attempt to provide something
that would be less expensive than another item that would be pre-
scribed. For example, in one instance, Kleenex was prescribed by a
doctor because the patient had an open sore on his face. By providing
Kleenex he could care for himself over a continuing period of time at
much less expense than if gauze bandages had been prescribed.
Senator Murdy : Is there general abuse of prescription rights by
practitioners ?
Mr. Wymaii: No, sir. It is just the opposite; very little.
Mr. Oppmann : You said all drugs are paid for out of the Medical
Care Trust Fund. Would you explain why that was done.
Mr. Wj^man : This was done because of two reasons. The usual
practice for doctors is to collect at the end of the period of service,
or at the end of the month in which the service is rendered. The
pharmaceutical business, on the other hand, is cash payment at the
time of delivery. In order to follow the business practices of doctors
and druggists, and also realizing tlie rather limited sum of money, we
set up the dual metliod of payment for medical care but not for drugs.
Therefore, all drugs are paid out of the fund.
CECIL STEWART
Executive Secretary, California Pharmaceutical Association
In listening to some of the remarks made pertaining to the higher
cost of prescriptions under the program in comparison with regular
prescriptions, it is true that in a very, very few areas in the State
perhaps a pharmacist's regular fee schedule is about the same or just
slightly higher than the welfare schedule. This, however, is not only
true in pharmacy. It is also true in the other medical care professions.
Many people, in discussing pharmaceutical problems and costs of
prescriptions, do not understand the problems of the pharmaceutical
profession. At this time, to my knowledge, there is no employed phar-
macist in the State Department of Social Welfare.
In Mr. Anderson's discussion a few minutes ago it was mentioned
that they were taking into consideration the cost of pharmaceutical
services, not only in the State, but throughout the Nation. We know
that the cost of providing pharmaceutical services in California is much
SENATE INTERIM COMMITTEE ON SOCIAL WELFARE 93
liiyher than in any other State. 1 believe you are familiar with the
Veterans' Home Town Care Program. As of July 1, 1958, we obtained
an increase in the prescription aspects of that program. That was caused
by an increase in the cost of operations of our pharmacies in Northern
California since January, and in Southern California as of June.
We do not believe that the present social welfare prescription fee
schedule is adequate to cover the cost of operating our pharmacies.
It is also pointed out that the cost of drugs in the welfare program
is a predominant factor in the cost of this program. In any program
the cost of drugs is always a greater factor than the cost of any of the
other health services.
The fee schedule we are presently using in the program is more than
20 percent less than the average private schedule fee. The pharma-
ceutical profession has given the same consideration to the State and
the recipients of the program as has been given by other professions.
The reduction in fees when the program went into effect October 1,
1957, was approximately 20 percent.
If the proposal presented by Mr. Anderson were to be put into effect,
the pharmacies of California definitely could not provide adequate
pharmaceutical services to the recipients of the program.
As far as the advertising situation is concerned, the only advertising
which I have seen is that which the pharmacies have placed on their
windows. The California Pharmaceutical Association believes this to
be unethical under this program. In consulting the State Welfare
Department, we were advised that there was no regulation pertaining
to advertising. Nevertheless, we continue to advise our pharmacies that,
as far as the association is concerned, advertising is not permitted.
The association believes it unethical to give trading stamps or any-
thing of value for services rendered. I have talked to many of the
public assistance officers in various counties, advising them that our
pharmacies in those counties did not give trading stamps in connection
with the program. The public assistance officers in several of those
counties advised me that if our pharmacies did not give trading stamps
to recipients, the pharmacies would be discriminating against the pa-
tients. I think this is a situation where it could be said that the govern-
ment is buying trading stamps. We recommend that the giving of trad-
ing stamps in connection with this program be prohibited.
The remark has been made on many occasions that our pharmacies
will charge 69 or 70 cents, the fair trade price, for Bayer aspirin 100 's
when some pharmacies sell them for 9 cents. I might say this : There
are very few pharmacies where you can buy a bottle of 100 aspirins
for 9 cents. It was our impression that this program was to entitle these
patients to the same type of health care as our private patients. It is
the belief of the entire profession in California that we should provide
these patients the best in pharmaceutical services we can.
DONALD HEDGEPETH
Member, Executive Board, California Pharmaceutical Association
The statement was made that the pricing schedule used by pharma-
cies for this program provided costs which are greater than the costs
under the veterans' program. That statement in its entirety is not
quite correct. In the area in which the state department is primarily
94 SENATE INTERIM COMMITTEE ON SOCIAL WELFARE
concerned, the higher priced prescriptions, studying the costs of the
prescriptions indicates that for prescriptions whose wholesale price is
$10 or more and in quantities from 25 up to 100 units, the cost under
the Veterans Administration program is higher than it is under the
California Public Assistance Program.
As an example, a 100-t ablet item costing $10 under this program
would be listed for $16.15. Under the Veterans Administration pro-
gram, the maximum charge would be $17.15. Where the wholesale cost
is $20, the figures are even more disproportionate. Under the public
assistance program the maximum charge is $31.50 as compared to $35
under the veterans' program. I will cite one more example because
it is one of the frequent prescribed medications, such as antibiotics,
which wholesale for $30.60 per 100. The cost under the Veterans Ad-
ministration program is $52.50 ; under the public assistance program
$45.46. That is a ditference of $7.04.
A. O. LEFORS
California Taxpayers' Association
Cal-Tax was opposed to enactment of Assembly Bill No. 679 on two
points :
1. It was unnecessary because there was no unmet medical need ; and
2. It would impose a new cost burden at the county, state, and fed-
eral levels.
That our concern regarding cost was amply justified is confirmed
by exhaustion of state surpluses and the prospect of a deficit of between
200 and 250 million dollars by the end of Fiscal 1959-60. Enactment
of the ]\Iedical Care Program, together with other extensions and lib-
eralizations of welfare programs, has contributed heavily to this de-
terioration of the State's financial condition.
It is of great concern to Cal-Tax that the taxpayers of all levels be
protected against imposition of further financial burdens. The lesson
of historj^ is that new programs are established and then, over the years,
are generously expanded as to coverage, eligibility requirements, and
aid payments. Cal-Tax urges the committee to oppose am^ proposals
for liberalization or extension of the Medical Care Program. Cal-Tax
further recommends that the committee encourage, wherever possible,
simplification of the program to reduce administration costs. This is a
matter primarily of departmental regulation, to be sure, but the Legis-
lature will have opportunities to contribute to it. Specifically, it would
be simpler, more efficient, and provide better controls, if the paj^ments
in all cases were made direct from the medical fund to the vendors.
Cal-Tax recommends adoption of this procedure by the State as soon
as federal law permits.
Much discussion has centered around the subject of fees for medical
services and supplies provided under the Medical Care Program. Cal-
Tax does not have specific comments but urges that the committee use
its influence to try to keep fees for services and charges for supplies
at reasonable levels.
SENATE INTERIM COMMITTEE ON SOCIAL WELFARE 95
WALTER H. BRIGNOLI, M.D.
Napa County Medical Society
The care of the indigent in Napa Connty has been adequately accom-
plished by co-operation between the individ\ial members of the county
medical society and the county government without the use of clinics
or county hospitals and resulting in a significant saving to the tax-
payer.
The selection of persons eligible for medical services paid for by
public funds is a problem requiring local investigation and manage-
ment. Not all persons receiving OAS are qualified to receive this serv-
ice. This problem lies between the government and the prospective
recipient and not between the physician and his patient or the physi-
cian and his government.
We have been caring for many patients for years who have been
paying their way, some by additional grants from the county funds or,
more often, by assistance from their relatives. Suddenly they presented
white cards to our office receptionists and demanded additional care
that, according to their visiting welfare workers, was due them.
This brings us to the actual medical need. Many of these oldsters have
chronic diseases and deformities which have existed from times in their
lives when they were well able to have them cared for with hope of fav-
orable response. Many of these are nonprogressive and are not amenable
to present-day medical care. There is no reasonable justification, in our
opinion, to subject these problems repeatedly to costly, intensive inves-
tigation just because the individual holds a white card.
Senator Murdy : Is this program meeting a need 1
Dr. Brignoli : The only difference it has made is who is paying the
bill. If the government desires to pay for this care, the government
should reimburse the individual. The individual is far more apprecia-
tive of his care if he has to contribute to it ; something for nothing is
worth nothing.
Senator Beard: Is it more or less useless to treat the conditions of
the oldsters which are chronic?
Dr. Brignoli : We believe that the repeated investigation of these
people is a waste of time. One thorough investigation is adequate. Yet,
these oldsters with a chronic problem which is not really amenable to
medical care, will go from physician to physician hoping that one will
have some magic answer for the care and recovery of their problem.
Senator Beard: What percentage are doing what you suggest?
Dr. Brignoli : I would say they represent a fairly small percentage of
the total number who appear for medical care. Many of these people
with chronic illnesses are actually in pain and in need of drugs which
must be prescribed by some physician.
Senator Teale : Has there been any evidence in Napa County of
interference from the state level in the doctor-patient relationship ?
Dr. Brignoli : I can't name any specific instance. It is just the general
problem of the increased paper work and the necessit}^' of giving diag-
nosis and personal information about people to welfare workers. We
believe this should not be in their hands. As a result we withdrew after
attempting to make this work for about five months.
Senator Teale : Do you object to giving diagnosis and medical treat-
ments in charity cases ?
96 SENATE INTERIM COMMITTEE ON SOCIAL WELFARE
Dr. Brignoli : No.
Senator Teale : What is the difference in this program ?
Dr. Brignoli : One is the voluntary hiring- of somebody to pay your
medical bills through a gamble with insurance and the other is the
compulsory imposition by government. Those are two very different
things.
Senator Teale : "Would your group object if the county purchased an
insurance policy from C. P. S. for each recipient ?
Dr. Brignoli : Not at all.
Senator xVrnold : In regards to these elderly people with chronic ail-
ments going- from one doctor to another, how did you handle that situa-
tion when they were previously free to choose any doctor that they
wished .'
Dr. Brignoli : "We had local screening. And the county physician, who
is a local physician, had the opportunity of informing the physician
examining- the individual that there was certain information available
through one of his colleagues. As a result, he contacted him and got the
information and saved the repetition of laboratory work.
Senator Teale: The patient, under the county's plan previous to Oc-
tober 1, 1957, had free choice of physician?
Dr. Brignoli : Yes, sir.
Senator Teale : Then the physician took care of him and he submitted
a bill to whom ?
Dr. Brignoli : Directly to the county welfare department.
Senator Teale : At that time did he submit a diagnosis or any other
information ?
Dr. Brignoli : It depended on the circumstances. He had to at least
justify the need for treatment.
Senator Teale : If his bill amounted to very much, he had to clear it
with the county physician and the county welfare department so they
knew what the patient was being treated for?
Dr. Brignoli: That is right.
Senator Teale : In that case, your situation would be comparable to
the present set-up Avhere you submitted a diagnosis and treatment re-
quest ?
Dr. Brignoli : No, there is a great difference. This was on an entirely
local basis with personal contact from physician to physician. As it
exists now, we are dealing with some unlaiown off in the distance.
There is no give and take ; no leeway for any change in the particular
rulings.
Senator Teale : How long did it take to work out the details of the old
system ?
Dr. Brignoli : I suspect it was over a period of 20 years ; it gradually
grew as the county grew.
Senator Teale: Don't you think that, as a doctor, you give a pretty
short therapeutic test ? You more or less admitted that it took a good
many years for the prior program to straighten out. Yet after four and
a half months, you condemn this one?
Senator Beard : You would rather have the patient paid in order to
keep your patient-doctor relationship ?
Dr. Brignoli : That is correct.
SENATE INTERIM COMMITTEE ON SOCIAL WELFARE 97
Senator Murdy : You rofervcd two or three times to tlie white identi-
fication cards. Do you foo] tliat tlie ])resence of this white card in the
hands of tlie recipients detracts from their dignity in any way?
Dr. Briguoli : No, I don 't believe so.
WILLIAM G. GOLDEN
Contra Costa County Welfare Director
Chairman, Medical Care Committee, County Welfare Directors' Association
I am going to say one or two things as the representative of the
County Welfare Directors' Association and then I would like to com-
ment also very briefly as a county welfare director.
First of all, the committee has heard much today about the values of
the program. I believe there is a consensus among the county welfare
directors that this program does have some very real values and that
the Congress of the United States and the Legislature of this State
Avere wise in enacting legislation of this kind. I certainly would concede
that it is rather diilicult for the people in certain counties, the medical
practitioners — perhaps even the boards of supervisors in certain coun-
ties— to understand the need or to see the need for such a program. In
some counties of the State the level of care that was given previously to
medical indigent persons was high. Unfortunately, this is not something
that applies to all of the counties; and certainly not to all of the coun-
ties in all of the states of the United States. We do believe that there
are some very real values, even in those counties where there has been
and is a good, strong medical program for the indigent people.
The County Welfare Directors ' Association as a whole does not believe
that there is much wrong with thi^ program that cannot be corrected
by either administrative change or legislative change. We can under-
stand the apprehension of some of the medical practitioners concerning
the authorized procedure. We ourselves have come to question the
authorization procedure.
We can understand very clearly the problem for the practitioners of
the source of payment. Believe me it is a problem for the counties'
administratively. I think most counties favor revision of legislation
that would make it possible for all payment to be made from the Medi-
cal Care Trust Fund.
One of the items included in the resolution adopted by the California
Medical Association was that the California Physicians Service be
named as the statewide fiscal agent for the program.
Many of us would object strenuously to this. I think there is proof
that there would not be full agreement in the fact that only 33 counties
of the State's 58 subscribed to the current contract.
It seems to me that the medical practitioners of this State should
be commended highly for the great contribution they have made down
through the years in the form of services provided gratis to those per-
sons who are not in a position to pay for those serAdces. However, I think
one of the things that seems to be bothering a fairly large portion of the
medical profession is that they are not in complete agreement with the
Legislature and with the laws of the State of California as to the defini-
tion of a needy person. I have heard this expressed on several occasions,
and I think that if this could be interpreted to the various medical soci-
98 SENATE INTERIM COMMITTEE ON SOCIAL WELFARE
eties some of that apprehension might be eliminated. In other words, it
seems to me that some of the doctors wish to conduct their own tests
as to eligibility of the individual for care through the program or for
charitable contribution by the physician. That is all I would like to say
as the representative of the association.
Now as a county welfare director, and specifically as the Director of
Contra Costa County :
One of the witnesses said something about the inflexibility of the
rules, "there was no way of changing the rules and everything is
inflexible." I would like to assure the doctor that this is not true. In
many, many cases changes have taken place in the rules and regula-
tions since October 1st, and these have been accomplished through the
cooperation of the State Department of Social Welfare, the counties
and the medical societies and the other professional societies.
My attitude towards the program is a positive one. It does need some
refinement. But without question, recipients of public assistance
throughout the State generally are getting better care than they got
before, even in those counties where, as I said, the quality of medical
care is extremely high.
Senator Murdy: You indicated the program would be acceptable if
there were some refinements. Just what are those refinements?
Mr. Golden : Prior authorization requests and the method of payment.
Those are the two major problems that contribute towards the lack of
total acceptance by the profession.
Senator Murdy : Do you find that too much paper work insofar as the
social workers are concerned ?
Mr. Golden: No, I don't believe so. The one thing that is overlooked
in this consideration is that when public funds are involved there is a
high degree of accountability. It is an absolute impossibility to avoid
paper work. When a program of this kind comes along, any amount
of paper work connected with the program is excessive in the minds of
many people.
I have talked to friends of mine in the medical profession. They said,
"I don't see any difference with this program and other programs; it's
just another program and I am not in favor of it more than I am in
favor of any other governmental program."
Senator Arnold : Are there any welfare directors, to your knowledge,
of the opinion that medical care had not been improved in their county
since the program has been adopted ?
Mr. Golden : I don 't believe that I have ever heard that opinion
expressed bj'" any county welfare directors.
Senator Teale : Do j^ou feel that the new program has abolished or
decreased the local control over your medical indigent problems ?
Mr. Golden: No, sir. I can't see that it did. That's why I don't quite
understand the comments that are being made today requesting return
of the program to local control. If it means what I think, it means that
these witnesses believe that each county should be permitted to deter-
mine what kind of medical care it shall give its residents.
Senator Teale : The determination as to the amount of care lies with
the local level, does it not?
Mr. Golden: Yes, sir, it does.
Senator Teale : With your local medical consultants ?
SENATE INTERIM COMMITTEE ON SOCIAL WELFARE 99
Mr. Golden: Yes, sir.
Senator Teale : Which do you think is tlie more confusing, the proce-
dure which you had prior to this program where the patient received
a bill from the doctor and then sent it to you, or the present procedure?
Mr. Golden : The procedure we have now is more confusing because
it isn 't anything that is applied uniformly in all cases. It requires quite
a bit of administrative time to determine how any individual bill is
going to be paid, whether there is room in the grant for the issuance
of a supplemental amount or whether the bill is to be paid directly
from the trust fund. It is a very costly process administratively.
Senator Teale : Didn 't you have to determine that before ?
Mr. Golden : To a limited degree. The only persons who could receive
a supplemental warrant and, therefore, whose medical needs could
be recognized as special needs were those who had outside income.
There had to be a determination of that. We are concerned with 100
percent of the caseload now, where we were with about 60 percent
prior to October 1st. About 60 percent did have outside income and
therefore recognition of these medical needs was limited to that 60
percent. Now 100 percent are eligible for medical care through private
sources.
Now we have to ask, "how much room is there in the grant," "what
are the special needs," "what are they and is there room for this
medical bill in the grant for this month?" It is more complex now,
there's no question about that.
Senator Teale : You feel, then, that if you paid it all out of the trust
fund it would be greatly simplified?
Mr. Golden : There is no question about it, in my opinion.
PAUL YOUNG, D.S.C.
California Association of Chiropodists
We are, overall, pretty well satisfied with the program as far as it
relates to our professional activities. We have had nothing but 100
percent co-operation and success with the members of the State Social
Welfare Board and the State Department staff, and for that matter,
w^ith the whole of the county welfare directors and the county medical
consultants.
We have just two more recommendations. One would be the elimina-
tion of the prior authorization. As far as source of payment goes, our
group would like to have the patient pay us. We feel that anything
that you get for nothing isn't appreciated. On that basis we would
like to have the patient pay us, take our receipt, and turn it in to be
reimbursed by the county.
We are pretty generally happy that the people are being cared for.
We feel that is is a form of preventative medicine in many cases that
they cannot get by going to clinics and hospitals. This care constitutes
better overall care and is probably cheaper than hospitalization in the
long run.
RONALD H. BORN
Director, San Francisco County Welfare Department
San Francisco is one of the counties in California that has always*
provided very good medical care for all of its people. We have two
100 SENATE INTERIM CO:\I^riTTEE ON SOCIAL WELFARE
university medical schools located here and outpatient departments at
all of our private hospitals.
Even with this good medical care we have always had here, however,
this new medical care program has provided better care for all of the
recipients of Old Age Security. AYe have had a situation where the
people who had enough outside income to meet their medical needs
Avere able to have those met. Those that had no outside income, or had
only a small amount and had high medical costs, had great difficulty
meeting all of their medical needs. So, I feel very strongly that from
the standpoint of the recipient of assistance, this program has been
very good.
The dual method of payment results in a considerable amount of
extra work as compared with the Aid to Needy Children Program
where all the payments are made from the Medical Care Trust Fund.
There is enough ditficulty in administrative costs that it would point
out very strongly the advantages of increasing the Medical Care Trust
Fund and making all payments from that fund.
I believe it was very wise the program started with prior authoriza-
tion. It is always good to start slowly on these programs and not need
to retrench.
WILLIAM SIEGEL
County Supervisors' Association of California
Prior to October 1, 1957, medical care was primarily the responsi-
bility of county government. There were no state funds involved. There-
fore, each county developed it 's own method of providing medical care.
When a state program comes along and provides a mandatory uni-
form method, there is no question that it brings out a readjustment of
programs locally. That's what we have been going through since October
1st ; putting on top of existing programs a mandatory one. Throughout
most of the State this adjustment has made very little diiference in
existing programs. In almost all of the counties in California, the level
of outpatient care has improved substantially. To what extent the pro-
gram has relieved the outpatient services of the county hospitals is
something we have been watching with considerable interest. Imme-
diately after October 1st, the outpatient load in many counties fell otf.
As you have heard today, however, it seems to be building up again. I
don't believe anyone knows the causes of this yet.
Senator Murdy: This program is costing $29,000,000 a year. Has it
reduced the cost of the counties by some comparable figure?
Mr. Siegel : I don't believe it has. You see certain indications of it
in the current county budgets in very minor ways. For example, the
Sacramento county budget incidates that previously they have had
appropriated a certain number of thousands of dollars for visiting
nurses ' services. The Medical Care Program comes along and reimburses
the public assistance recipients for visiting nurses care. So the county
budget shows an actual dollar reduction in the appropriation for visit-
ing nurses' services even though the county had to raise their fees up
to the Medical Care Program fee level for visiting nurses.
This is a very minor thing; it came to about $10,000 in the Sacra-
mento county hospital budget ; but offers one indication of some savings
to the county from the Medical Care Program.
SENATE INTERIM COMMITTEE ON SOCIAL WELFARE 101
You also see in a few of the new comity budgets some reduction as
far as estimated caseload of the outpatient clinics. On the other hand,
some of them show a stabilized outpatient caseload. Some others have
been experiencing an increasing outpatient caseload which might be
attributed to the Medical Care Program.
As you know, drugs are such a substantial part of the program. One
of the weaknesses of the county medical provisions was that drugs were
not uniformly provided. AVhere they were, it was usually through the
county hospital pharmacy. We could provide them cheaper than the
Medical Care Program can. We were providing them at wholesale and
not making a profit on them.
Senator Murdy: At the time the bill came before the Legislature it
was supported by the County Supervisors ' Association ?
Mr. Siegel : Yes, sir.
Senator Murdy: flas the County Supervisors' Association reversed
their position?
Mr. Siegel : No we haven't, sir. Although the program is controversial
in some counties among the supervisors, we have not received — as we
sometimes do with controversial programs— any resolution recommend-
ing repeal. We have received resolutions on the two amendments to
the program that Mr. Golden talked about.
Mr. Oppmann : Might this program because of reducing caseloads,
endanger the educational benefits at these clinics, that were also sought
as a byproduct 1
Mr. Sie<:,el : This has been the feeling of some people. However, the
counties are still spending over $100,000,000 for the county hospitals
and we are still dealing with a large group of patients known as the
medically indigent, there that are not now covered by public assistance
programs.
Mr. Oppmann : There are no requirements that regular reporting
be done every month by the county outpatient clinics on the amounts
of money they bill the Medical Care Program and the amounts of
money that they receive. Do you feel that should be otherwise?
Mr. Siegel: No. I don't believe there should be imposed, any more
reporting requirements on the counties than are on any other vendor
of medical services, including the private physician.
LEE H. NORCROSS, D.C.
Executive Secretary, California Chiropractors Association
The California Chiropractic Association has enjoyed working with
those responsible for the legislation and administration of the Cali-
fornia Public Assistance Medical Care Program. There has been a
continuing constructive and productive co-operation with the State
Department of Social Welfare and its personnel, and with the State
Social Welfare Board. We believe the program should be continued.
Most of the problems relating to prior authorization, fee schedules and
payments to vendors have been made known to the responsible state
agencies. We believe a satisfactory and workable adjustment to all
these problems can and will be made by the present agencies.
102 SENATE INTERIM COMIMITTEE ON SOCIAL WELFARE
O. C. RAILSBACK, M.D.
Chairman, 10th District Legislative Committee, California Medical Association
We strongly support the resolution of the C. M. A. as unanimously
adopted by its House of Delegates, April 30, 1958, already presented
to you by Dr. West. In further support of this resolution we would
point out that the principles in this program, if promoted and extended,
could but result in autocratic domination and subjugation of all medical
practice, personnel and patient alike, creating an intolerable condition
accepted only under economic domination with destruction of self-
respect, personal dignity and complete loss of motivation.
Experience by the physicians of our district leads to the firm con-
viction that the program in existence prior to Assembly Bill No. 679
utilized the responsibility of the patient in a fashion resulting in
greater economy with preservation of the patient's dignity and self-
respect.
We recommend and request that the necessary action be taken to
correct the above deficiencies and inequities by appropriate alteration
or repeal of Assembl.y Bill No. 679 or by changing directives pertain-
ing thereto. It is most necessary to return administration to county
control.
Senator Murdy : Are the people on Old Age Security now receiving
better medical care or poorer medical care or the same type of medical
care that they received prior to the time this bill was passed?
Dr. Railsback : There is no doubt in our minds that, in the area we
represent, medical care was superior to what it is at the present time
under this program. It subjugates the physician. He cannot exercise
himself freely as far as what can be done and what cannot be done
without first obtaining permission from someone who sits above him.
That permission is beins' obtained from an individual who is not
always familiar with the situation and who cannot pass judgment, in
our opinion, as well as the individual who is next to the situation and
Avho knows what the problem is.
Senator Beard .- If prior authorization were eliminated, what other
rules and regulations impede the local physician or local autonomy,
specifically?
Dr. Railsback : Do you mean that there would be no authorization
for any procedure, office visit, treatment or anything that was to be
done as far as the patient was concerned ?
Senator Beard : No authorization, except subject to review for reason-
ableness of treatment and fee.
Dr. Railsback : I think if there were no curtailment whatever, that
the patient and physician could carry on as the doctor and the patient
saw fit, I could see no objection to the program.
Mr. Oppmann : Doctor Railsback, you believe that people who can
have medical care paid for under this program who are not needy
persons, are indigents?
Dr. Railsback : I think I would have to answer yes. Every physician,
since the program has come into being, has had the experience, not just
once but several times, where patients had come to him prior to the
time of the enactment and he was unaware of the fact they were even
0. A. S. recipients; they paid their charges without comment, criticism
or objection. They were able to pay for their medical care.
SENATE INTERl]\r COMMITTEE ON SOCIAL WELFARE 10.'^
ROBERT ZINKY, M.D.
Medical Consultant, Sacramento County Welfare Department
In making my statomont today, I am not necessarily representing
the Sacramento Department of Public Welfare.
Prior to October 1, 1957, for approximately 10 years, Sacramento
County paid approximately 1,500 bills a month for medicine and doc-
tor's fees to 0. A. S. recipients. The patients would seek out the med-
ical care and the drugs that they desired and then would go to their
social Avorkers with the bills. They would receive excess money in their
grant to take care of their medical expenses. They, in turn, would pay
their doctor and their druggist. This program worked without a hitch
and for many years the doctors did not know which of their patients
were on Avelfare programs.
These patients were conservative, thrifty people, who did not pick
out expensive drugs or expensive medical care ; and relatively speaking
the medical care was inexpensiA^e primarily because the patients had a
responsibility.
When these patients came into the office, the doctor recognized that
they were poor people and therefore he would often take his time to
search his cabinet for drugs and samples which he might give them
rather than write prescriptions for them. Drugs were carefully pre-
scribed for them since many of these people could not afford drug bills.
Since they paid their bills they realized the cost of the care and office
calls by hypochondriacs and neurotics were not the rule.
Because they were good patients and they paid their bills, often the
doctors would give them reduced rates. There were no fee schedules,
prescription blanks, billings, authorization forms. The patients were
responsible for taking care of their bills.
On October 1, 1957, the new program began. Immediately the whole
picture changed. Many doctors were surprised to find that many of the
people they had treated for years Avere receiving assistance from the
Avelfare department. The patient is required to present to the doctor
a white card identifying himself as a welfare patient. Their rights of
privacy are now ignored and they must reveal themselves as welfare
recipients to their doctor and their pharmacist and Avelfare officials and
to the mailman. These patients are unhappy with the turn of events.
They like to pay their bills and be good patients. Now, there is no
incentive. When they called the doctor, they were required to tell the
doctor that they were on the welfare program.
The doctor is no longer motivated to reduce the cost of medical
care ; why should he be Avhen the Director of the State Department of
Social Welfare testified before the Senate that the administration costs
are 20 percent. Neurotics and hypochondriacs make more and more
office calls since there is no financial responsibility under this plan.
Only by giAdng the patients responsibility and by paying the patients
directly and having them be responsible to pay their bills can the costs
of the program be kept Avithin reasonable figures.
Administration of the program must be kept at a county level. As a
medical consultant, I am continually receiving arbitrary rulings and
regulations from the State Department of Social Welfare and vast
amounts of red tape from the California Physicians' Service. No single
book exists containing all the regulations which the doctor in practice
104 SENATE INTERIM COMMITTEE ON SOCIAL WELFARE
must follow. This results in endless correspondence between CPS and
the doctor.
In summary, two things need to be done :
First, preserve the patient's dignity and sense of responsibility by
giving him financial responsibility for his medical care. Do this by pay-
ing him directly and having him pay his medical bills, or by having the
patient pay directly a certain percentage of his medical bills.
Secondly, administration of welfare medical programs is most effi-
cient at the county level. We should no longer stand by and condone
the establishment of a medical bureaucracy in the State Department of
Social Welfare.
Senator Murdy: Do you feel that welfare recipients were receiving
belter medical care prior to October 1, 1957 ?
Dr. Zinky: There was a group that had some outside income and
could take advantage of the previous plan. Now, not all of those re-
cipients did. But certainly the ones that did were much ha^jpier and
just as well cared for as they are now.
Senator Murdy : Have they been able to receive drugs as needed
better since October 1, 1957, than they were prior to that time?
Dr. Zinky : I am certain that they can get more drugs quantity-wise
than they ever could since there is no incentive to realize the cost. So
they ma}' get a lot more drugs than they did before. But as far as being
taken care of medically with the drugs, I don't think there is any
improvement.
Senator Murdy : The doctors prescribe the drugs, do the}' not ?
Dr. Zinky : That 's right, just as the}' did in the Army.
Senator Murd}' : If there is any error in prescribing the drugs, it is
not the fault of the recipient, is it? It is the people who are doing the
prescribing, isn't that correct?
Dr. Zinky : That 's the point I am trying to make. You think the
doctor can be a policeman, that he can say "I won't do this, I won't
do that" and that he may know after a while that in his waiting room
are 30 neurotics. Neurotics because they don't have to pay for care.
What happens, however, is that he must see every patient. If he has
30 of them, he has to cut down the amount of time, he has to go
through them more rapidly. The really sick ones, then, get less care.
In the future we are going to be looking for ways to control the
expenditure of money for medical care and drugs. And it is going to be
impossible here, as it was in England, unless we make the patients
financially responsible for their care.
Senator Teale : I was a little surprised at one of your statements.
You said that prior to the program a patient didn't pick out expensive
medication and expensive treatment. You clarified it a moment ago;
you said the doctor determined the treatment ?
Dr. Zinky : Yes, that 's true. What I mean is that under the present
program, the patient might go to some specialist and get a workup
which costs anj'where from $80 to $100. He would never get that
workup if the money were paid out of his own pocket. He would find
out what it costs before he got it under the old program. Now it 's free,
gravy-boat ride care.
Senator Teale : Do you think that is the rule or the exception ?
Dr. Zinky : It is not a rare instance.
SENATE INTERIM COMIMTTTEE ON SOCIAL WELFARE 105
Senator B(>ar(l : Doctor, you stated that prior to the inauji'iiratioii of
this i)rof>'rain tluit tliore were 1,500 a niontli eomiiii? into tlic county
to ask for aii<iinentatioii of their grant-in-aid?
Dr. Zinky: That's either for prescriptions or for doctor calls.
Senator Beard : Do yon have any figures ou the number who are
receiving assistance through this program which was instituted by
Assembly Bill No. 679?
Dr. Zinky: All of those people, to the best of my knowledge, would
now be receiving care under Assembly Bill No. 679.
Senator Beard : Are there more than ] ,500 prescriptions and doctor
bills?
Dr. Zinky : Yes, there are many more. This 1,500 refers to only
one small segment of the welfare caseload. This refers to only that
small section of OAS that had excess money in the grant. There
would be many others under care now.
It is something like what kind of care do you want to give your car ;
take it apart completely or fix things as they go wrong. They would
not have a lot of expensive procedures done that they are getting now.
Senator Beard : Do you mean that preventive medicine is out ?
Dr. Zinky : It is a very expensive and non-revealing type of medicine
which costs a tremendous amount of money. This is really something
that the Senator will have to figure out. By giving them a responsiblity
the costs will be less. I don't like to go beyond that statement.
Mr. Oppmann : You stressed in your statement that you believe that
a local autonomy is very important. Do you think that from the way
things sit now that it is important for the local medical societies to
work closely with the welfare departments and the county boards of
supervisors to elfectuate it in this program?
Dr. Zinky : I think that is the best way that this can be accomplished.
THOMAS ELMANDORF, M.D.
Butte-Glenn Counties Medical Society
The purpose of Assembly Bill No. 679 is unquestionably to improve
the medical care of recipients of public welfare by providing out-
patient care utilizing the principle of free choice physician. The need
for this program was not sufficiently established by testimony before
legislative committee hearings. By "need" is meant medical care below
a standard which a community has established and can afford. Subse-
quent to its enactment, over half the county medical societies in Cali-
fornia have declared that this legislation was not needed. Nevertheless,
there can be no denying the fact that provision for outpatient care by
private physicians increases the availability of medical care to the
extent of the availability of physicians in any given area.
The cost of this program requires the careful consideration of every
taxpaying citizen in California. There is a serious question as to
whether the money made available to the program will be sufficient to
carry out the full scope of services. In addition the separate costs of
administration, shared equally by federal and county government, may
easily prove to be exorbitant.
The adherence of this legislation to sound principles of government
and the projected result depend, of course, upon one's concept of the
106 SEX ATE INTERIM COMMITTEE ON SOCIAL WELFARE '
nature and function of government. Government was created simply
to protect man from man. In addition, our particular form of govern-
ment was designed originally to protect man from government. Gov-
ernment should be limited primarily to the function of protection of
man against the antisocial instincts of the other men.
Man's natural social instinct includes concern for the welfare of his
fellow man. The desire to see his fellow man and neighbor clothed,
sheltered, fed, and healthy has been translated through the mechanism
of government from a voluntaiy, individual or, at the most, small-group
action to an involuntary, large-group action. To the extent that man's
individual moral responsibility to his fellow^ man becomes dependent
upon government, each man 's character is weakened — and to that extent
society is weakened.
The medical care of welfare recipients in California has traditionally
been a local responsibility. When control is assumed by the higher levels
of government (state or federal) there is a corresponding decrease in
individual, family, and community sense of responsibility. Since an
individual cannot maintain and develop his character unless he is
responsible for his own actions, the end result is deterioration of
character.
County governments are likely to take a financial and moral interest
in welfare problems in direct proportion to their degree of responsi-
bility. Physicians, who have provided medical care free or at reduced
fees, will be less likely to do so if "someone else" is paying the bill.
The welfare recipient's character and independence, previously culti-
vated by direct money grants with the accompanying responsibility for
its expenditure, will be weakened by "vendor" payments. Individual
responsibility, like a muscle which is not used, will wither, atrophy, and
eventually die. This effect on the character of our people must be
weighed against an}- favorable result of the legislation.
The care of these people is a local responsibility, although I recog-
nize the desire of the State Legislature and the Federal Government
to keep the American people healthy. I think that we should devise
methods to provide them with the best possible medical care that we
can. However, we must be careful in doing a good thing not to violate
the principles which I have just enumerated which could possibly have
and adverse effect upon the character of our people.
Mr. Oppmann : I am trying to find out what your chief objection to
the program is. You mention to some extent the fact that you felt one
should be very careful of such programs because it might remove the
individual's responsibility to take care of himself. I was asked whether
this directl}'^ applied to the Medical Care Program as it had operated
in Glenn County?
Dr. Elmandorf : It is hard to apply my argument to a few months'
experience that involved only a few doctors. My objection, to try to
answer your question again, is the theoretical view, if you will, of the
effect on the character of everybody concerned on both sides of the
fence; and secondly, that in order to get away from this, we shoidd
have as much local control as possible.
SENATE INTERIM COMMITTEE ON SOCIAL WELFARE 107
CARLTON B. GOODLETT, M.D.
Northern California Medical-Dental-Pharmaceutica! Association
I am the Chairman of the Education and Progjram Committee,
Northern California Medieal-Dental-Fharmaeentical Association, a
group of Negro persons in the medical professions who have banded
together in northern California for closer professional association.
We recognize that the program established by Assembly Bill No.
679, is a needed advance in the medical care of the aged in California.
There are many irritations involvetl, affecting both the physician and
the patient, in the implementation of this program. But the fact of
persona] irritation is not of major concern to us.
From the physician's point of view, we have the added responsibility
of paper work and obtaining authorizations before needed treatment
can be administered. AVe feel, however, based upon previous experience
under the old locally administered plans, that here, too, patients and
physicians were irritated and irritations were in existence. The ad-
vantages of this plan far outweigh any personal patient-physician
irritations.
The patient is now able to get medical care on a voluntary basis,
choosing the physician of his choice. He is no longer being made to
depend entirely upon some charitable instinct of the physician serving
him. This program places his medical care on a business basis. The
doctors can now concern themselves, not so much with charity but giv-
ing attention to the problem of what is the best type of medical care,
irrespective of personal ability to pay and costs involved that the indi-
vidual patient needs.
The patient now gets better medical care than he previously received
under private care and care rendered in medical clinics. Many patients
have complained of the assembly-line technique of medicine in which
their problems are not given the personal concern of the practicing
physicians. In this program v^'e have physicians and patients able to
continue the time-honored concept of American medicine — the patient-
physician relationship. This freedom of choice, a cherished tenet in
American medicine, is admirably maintained here.
This plan represents an admirable step in development in the right
direction and we are sure that with the co-operation of the medical pro-
fession and the State Legislature of California, that equitable means
can be formulated by which irritations can be removed. A repeal of this
program would be retrogressive and not to the best interests of the
people.
In closing, let me say that the Negro physicians of Northern Cali-
fornia in the main deal with a disadvantaged people, who represent the
lowest economic levels of our society. Many of these people without this
program would not be able to obtain medical care. Moreover, I have
seen and heard of no person under this program complaining of it and
wanting it to be removed.
GUY W. CHAPMAN
Private Citizen
I wanted to tell the committee what has been done for me under this
program. For years I have suffered with asthma. I haven't had the
108 SENATE INTERIM COMMITTEE ON SOCIAL WELFARE
money to buy adequate medicine. But a few months a<^o I think it Avas
witli the Polytechnic Hospital Clinic, I have gotten help. I have gotten
medicine that I could not begin to pay for on my income. And it has
done me more good that right today I am better oif than I have be-n
physically at any time in the last 15 years.
L-4856 6-59 IM '"•'"''''' '" California state printing office
SUBDIVISION MANUAL
MEMBERS OF THE COMMITTEE
ARTHUR H. BREED, JR., Chairman
LUTHER E. GIBSON, Vice Chairman
ROBERT I. McCarthy
RICHARD RICHARDS JOHN F. THOMPSON
WALTER KAITZ, Counsel and Co-ordinafor
DOROTHY CAMERON, Secretary
Published by the
SENATE
OF THE STATE OF CALIFORNIA
1959
GLENN M. ANDERSON
President of fhe Senate
HUGH M. BURNS JOSEPH A. BEEK
President pro Tempore Secretary
TABLE OF CONTENTS
Page
Letter of Transmittal 5
Committee Authorization 7
The Advisory Committee 9
Chapter I — Introduction 19
Chapter II — Economic Aspects of Subdivision Development 25
Chapter III — Outline of Subdivision Procedure 29
Chapter IV — Functions in Land Subdivision 44
Chapter V — Standards of Design 56
Model Subdivision Ordinance 70
Appendix A — Subdivision Map Act 87
Appendix B — Real Estate Subdivision Law 103
Appendix C — Master or General Plans 110
Appendix D — General Advice on Protective Covenants 113
(3)
LETTER OF TRANSMITTAL
Senate Chamber, Sacramento, March 26, 1959
Ho7i. Glenn M. Anderson, President
and Members of the Senate
Gentlemen : Pursuant to Senate Resolution No. 187 of the 1957
General Session, your Interim Committee on Subdivision Development
and Planning transmits herewith its Subdivision Manual.
Subdivision development is a vital force in the explosive growth and
expansion of our State. The subdivision industry has met the unparal-
leled challenge of providing shelter for the greatest voluntary mass
migration in history.
Subdivision development plays a far greater part in the economy of
California than appears on the surface. It creates a chain reaction of
causes and effects which reaches clear to the top levels of our economic
structure. It stimulates the production, distribution and sale of all
types of building materials and its effect is inherent in the sale of many
consumer items, such as home furnishings and appliances.
This Subdivision Manual was prepared by the 88 members of our
advisory committee who are the leaders in the subdivision field in the
State of California. Never before in our history has there been as-
sembled such an aggregate of talent, expert knowledge and vast expe-
rience in the many facets of subdivision development. Their delibera-
tions and toil have brought forth this manual — the first of its kind in
the Nation.
The manual will be of great assistance to planning commissions, city
councils, supervisors, land developers, and all others v^^ho are concerned
with the subdivision process. It is an important step in developing a
smoother working relationship and better understanding between local
officials and developers.
There is need for a continuing program of consultation and educa-
tion to insure closer co-operation and co-ordination among the various
levels of government and between subdividers and government.
The leaders in subdivision development, private and governmental,
should gather periodically to discuss the current problems facing the
industry and to consider constructive solutions. Such a continuing pro-
gram could be best effected through the establishment of an institute or
a series of annual conferences on subdivision development and plan-
ning at the University of California. Sounder community growth and
better subdivisions would be the result.
Respectfully submitted,
Arthur H. Breed, Jr., Chairman Richard Richards
Luther E. Gibson, Vice Chairman John F. Thompson
Robert I. McCarthy
(5)
COMMITTEE AUTHORIZATION
The Senate Interim Committee on Subdivision Development and Planning Was
Created June 12, 1957, by the Adoption of Senate Resolution No. 187,
as Amended
SENATE RESOLUTION NO. 187
As Amended Relative to the Creation of the Senate Interim Committee on
Subdivision Development and Planning
Whereas, More new homes are to be built in the United States in
the next quarter century than in any similar previous period, and
approximately 20 percent of all such new homes are likely to be built
in California ; and
Whereas, The impact of subdivision development upon the economic
prosperity of our State is far reaching ; and
Whereas, The relative responsibilities of state, local, and other con-
trol agencies are not clearly defined in law, jurisdictions are frequently
overlapping and regulations often conflict; and
Whereas, Sound legislation will insure orderly subdivision devel-
opment and thereby foster sound community growth ; and
Whereas, There is a need for a Subdivision Manual to present the
best thinking on the many aspects and facets of the multitude of prob-
lems in the economics, planning, development, processing and control
of subdivisions to the end that such a manual will greatly assist plan-
ning commissions, city councils, county supervisors, land developers
and all other citizens concerned with subdivision development; and
Whereas, There is a need for fostering common grounds of under-
standing and a better working relationship between all government
officials and developers through a continuing program of education;
now, therefore, be it
Resolved hy the Senate of the State of California, As follows:
1. The Senate Interim Committee on Subdivision Development and
Planning is hereby created, authorized and directed to ascertain, study
and analyze all facts relating to subdivision development and planning,
the regulation thereof, and the enforcement of all laws relating thereto,
including but not limited to, the operation, effect, administration, en-
forcement and needed revision of any and all laws in any way bearing
upon or relating to the subject of this resolution; to study the effect
of subdivision legislation passed at this session of the Legislature and
to study all other subdivision legislation that was proposed but not
enacted ; to make recommendations as to improvements, standardization
and co-ordination in the procedure and practice of handling and
processing of subdivisions at various levels of government ; to effect
closer co-operation and co-ordination between the various levels of gov-
ernmeiit and between subdividers and government, including but not
limited to, the preparation of a subdivision manual and the establish-
ment of a continuing program of education in order to develop a better
(7)
8 SUBDIVISION MANUAL
working relationship ; and to report thereon to the Senate, including
in the reports its recommendations for appropriate legislation.
2. The committee shall consist of five (5) Members of the Senate
appointed by Committee on Rules thereof. Vacancies occurring in the
membership of the committee shall be filled by the appointing power.
3. The committee is authorized to act during this session of the Legis-
lature, including any recess, and after final adjournment until the
commencement of the 1959 Eegular Session, with authority to file its
final report not later than the thirtieth legislative day of that session.
4. The committee and its members shall have and exercise all of the
rights, duties and powers conferred upon investigating committees and
their members by the provisions of the Joint Rules of the Senate and
Assembly and of the Standing Rules of the Senate as they are adopted
and amended from time to time at this session, which provisions are
incorporated herein and made available to that committee and its
members.
5. The committee has the following additional powers and duties:
(a) To select a chairman and a vice chairman from its membership.
(b) To contract with such other agencies, public or private, as it
deems necessary for the rendition and affording of such services, facil-
ities, studies and reports to the committee as will best assist it to carry
out the purposes for which it is created.
(c) To co-operate with and secure the co-operation of county, city,
city and county, and other local law enforcement agencies in investigat-
ing any matter within the scope of this resolution and to direct the
sheriff of any county to serve subpoenas, orders, and other process
issued by the committee.
(d) To report its findings and recommendations to the Legislature
and to the people from time to time and at any time, not later than
herein provided.
(e) To meet at the State Capitol or at any place within the State or
the United States.
(f ) To do any and all other things necessary or convenient to enable
it fully and adequately to exercise its powers, perform its duties, and
accomplish the objects and purposes of this resolution.
6. The sum of fifteen thousand dollars ($15,000), or as much thereof
as may be necessary is hereby made available from the Contingent Fund
of the Senate for the expenses of the committee and its members and
for any charges, expenses or claims it may incur under this resolution,
to be paid from the said contingent fund and disbursed, after certifica-
tion by the chairman of the committee, upon warrants drawn by the
State Controller upon the State Treasurer.
THE ADVISORY COMMITTEE
The Senate Interim Committee on Subdivision Development and
Planning- is greatly indebted to the 88 members of the advisory com-
mittee for the time and effort each one lias so nnselfishly devoted to
the work of our committee and to the preparation of this manual. At
a personal sacrifice and without remuneration, they undertook its prep-
aration and spent many hours on the various details inherent in such
a task and on the writing of the chapters and tlieir many drafts. Never
before has such a great store of expert knowledge, talent and vast
experience been devoted to the problems of subdivision development.
The members of the advisory committee are listed below, and by the
name of each is a concise and brief statement of his background. The
committee thought it well to identify each member of the advisory
committee in the light of his experience in the subdivision field so that
the readers may well realize the outstanding qualifications of those who
have written it. The Senate committee publicly expresses its apprecia-
tion and thanks to each person who served on this advisory committee.
The Senate committee wishes further to extend special commenda-
tion to the chairman of the advisory committee, Harrison R. Baker,
who has done such a masterful job in his guidance of its work.
The committee also gratefully acknowledges the great interest and
assistance of the manj^ public agencies and state associations who were
most co-operative in permitting their representatives to take time off
to perform this public service.
Special mention is due Marybeth Branaman of the University of
California Real Estate Research Program for the many hours she
devoted to the editing and revising of the chapters of the manual.
May we call your attention to the following list of the leaders of the
subdivision development field in the State of California through whose
efforts and talents this manual was made possible.
MR. HARRISON R. BAKER, 393 E. Green St.,
Pasadena 1 Chairman, Advisory Committee
Partner in the Davis-Baker Company which has developed many of the subdivi-
sions of Southern California and laid out a total of about 4,000 lots in the Pasadena
section alone ; member of the Pasadena Planning Commission for 23 years ; member
of the State Highway Commission for 10 years, during which time a billion dollars
was spent on state highways ; sponsored the initial enactment of the State Subdivi-
sion Map Act in 1929 and of the Subdivision Control Sections of the California
Real Estate Act in 1933 ; recipient of Arthur Noble Award in 1953 ; past president,
Pasadena Realty Board ; member of American Institute of Real Estate Appraisers
and Society of Real Estate Counselors.
MR. MICHAEL H. ANTONACCI, Director of Planning,
City Hall, San Jose Consultant
Civil engineer; director of planning for the City of San Jose for over 30 years.
DR. J. B. ASKEW, Director of Public Health, San Diego County, Civic Center,
San Diego 1 Represents the California Conference of Local Health Officers
Director of the department of public health since 1949 ; past president of the
California Conference of Health Officers ; has a master's degree in public health
from Harvard School of Public Health ; Chief, Bureau of Hospitals, California State
Department of Public Health.
(9)
10 SUBDIVISIOX MANUAL
MR. FRANK C. BALFOUR, Chief Right-of-way Agent, Public Works Bldg.,
P. O. Box 14(>9, Sacramento Represents the Department of Pullic Worls,
State of California.
Heads the largest public land acquisition organization in the Nation, the Califor-
nia State Highway Right-of-way Department ; founded the American Right-of-way
Association.
MR. CLYDE P. BARNETT, Director of Aeronautics, SacTameuto Municipal
Airport, 6151 Freeport Blvd., Sacramento 23 Represents the California
Aeronautics Commission.
Served as manager of the aviation department of the Los Angeles Chamber of
Commerce and was in the engineering division of Douglas Aircraft Company ; for-
mer airport operator.
MR. HAROLD A. BARNETT, Bamett, Hopen and Smith, Civil Engineers and
Land Surveyors, 35 S. Raymond Ave., Pasadena Consultant
Registered civU engineer ; past president and director of the CivU Engineers and
Land Surveyors Association of California ; city engineer for the City of San Marino
since 1{»35 ; city engineer for the City of Gardena ; member of the American Society
of Civil Engineers.
Iffi. JAMES C. BELDA, Heers Associates,
450 Ramona, Palo Alto Represented the Federal Housing Administration
Former Director of Federal Housing Administration Insuring Office, which serves
the 23 counties of Northern California ; planned and directed many construction
projects, both governmental and private ; supervised the defense housing program
for the military ; engineer ; colonel in Corps of Engineers, U. S. Army ; Construction
and Resident Engineer, State of Nebraska ; general manager, firm of community
developers and builders.
DR. H. L. BLUM, Health Officer, Contra Costa County,
Martinez Represents the California Conference of Local Health Officers
Chief of medical services, San Diego Department of Health ; has master's degree
in public health from Harvard School of Public Health ; Medical Officer of the
United States Public Health Service ; diplomate, American Board of Preventive
Medicine and Public Health ; lecturer in public health, Universitj- of California ;
assistant clinical jirofessor of medicine, Stanford Medical School.
MISS MARTBETH BRANA]MAN, Junior Research Economist, Real Estate
Research Program, 228S Fulton St., Rm. 2CK). Berkeley 4 Represents
Real Estate Research Program, University of California.
Author of Control of Subdivisions in California ; Junior Research Economist,
Bureau of Business and Economic Research-Real Estate Research Program, Uni-
versity of California, Berkeley.
MR. JAMES J. BREEN, James J. Breen & Associates, 1 La Cruz Avenue,
MUlbrae Consultant
Consulting Civil Engineer ; formerly Chief Engineer supervising design in con-
struction of Municipal improvements ; structural and engineering designer ; formerly
engineeer, U. S. Bureau of Reclamation ; former President of the Bay Counties
Civil Engineering and Land Surveyors Association.
MR. MILTON BREIVOGEL, Director of Planning. Regional Planning Com-
mission, County of Los Angeles, 108 W. Second St.,
Los Angeles 12 Represents County Supervisors Association of California
Civil Engineer ; former principal planner for the City of Los Angeles ; formerly
Director of Planning for the City of Racine, Wisconsin ; has prepared compre-
hensive master plans for cities and lectures extensively on the subject of City and
County Planning ; directs the activities of one of the largest planning staffs in the
country.
MR. RICHARD W. BRIGGS, President, Richard W. Briggs & Co., 321
Hamilton Ave., Palo Alto Consultant
Former F.H.A. Director of San Francisco ; formerly with HOLC in Chicago
and engaged in real estate and in private practice of law; formerly with the
National Housing Agency ; Member of Palo Alto and San Jose Real Estate Boards.
MR. MILTON J. BROCK, SR., M. J. Brock and Sons, Inc., 2894 Rowena
Ave., Los Angeles 39 Represents Associated General Contractors of
America, Southern California Chapter
SUBDIVISION MANUAL 11
Past President of National Association of Home Builders and of the P>uilding
Contractors Association of California ; active in home building and construction
for over 30 years; past President of the Home Builders Institute of Los Angeles.
MR. LOREN BUSH, Chief Engineer, Board of Fire Underwriters of the
Pacific, 320 California St., San Francisco 4 Memher at Large
Fire Protection Engineer ; Supervisor of surveys and reports on public fire pro-
tection in the states of California, Arizona, Nevada, Utah, Montana and in Alaska ;
has contributed numerous articles to various publications.
MR. RONALD L. CAMPBELL, Vice President, David D. Bohannon Organi-
zation, 60 Hillsdale Mall, San Mateo Represents California Real Estate
Association
Formerly City and Comnmnity Development Planning consultant ; presently
vice president for the David D. Bohannon Organization which has built over 10,000
homes, planned shopping centers and industrial parks ; past president of the Cali-
fornia Planners Institute ; president of the Santa Clara County Home Builders
Association.
MR. TED R. CARPENTER, County Recorder, County of San Bernardino,
San Bernardino Represents County Recorders Association of California
County Recorder of San Bernardino County since 1934 and has been re-elected
in the primary each time ; past President, Vice President and Secretary of the
County Recorders Association ; Chairman of the Legislative Committee of the
County Recorders Association for four years.
MR. FLOYD B. CERINI, Executive Vice President, Land Title Insurance
Company, 3444 Wilshire Blvd., Los Angeles 54 Represents California
Land Title Association
Formerly Executive Secretary and President of California Land Title Associa-
tion ; former counsel for Home Builders Council of California ; former member of
San Francisco law firm of St. Clair, Connolly & Cerini ; Chairman, Legislative
Committee, California Mortgage Bankers Association.
MR. FRANK H. CHAMPLIN, Bank of America, San Gabriel Branch, San
Gabriel Represents the Bank of America
Formerly Real Estate Loan Supervisor and now very active in the supervision
of the financing of subdivision tracts in Southern California.
:MR. mark CHEESMAN, chief Property Appraiser, Department of Veterans
Affairs, State of California. P. O. Box 1559, Sacramento Represents
Department of Veterans Affairs, f<tate of California
Past President of Northern California Chapter of American Institute of Real
Estate Appraisers; Past President of Sacramento Chapter of Society of Residential
Appraisers; former consulting and fee appraisers for private clients, insurance
and savings and loan companies ; municipal, state and federal agencies.
MR. CHARLES D. CLARK, Land Planning Consultant, 4141 Charlene Dr.,
Los Angeles 43 Consultant
Registered Civil Engineer, Licensed Surveyor and Registered Landscape Archi-
tect ; staff Member of Los Angeles County Regional Planning Commission for 12
years; Chief Land Planning Consultant for FHA for 4 years; Chief Engineer for
Fritz B. Burns, Organization for 4 years ; in private practice since January 1,
1950 in consultation and the designing of new communities, subdivisions and shop-
ping centers throughout the entire T'nited States and in Mexico, Canada and the
Hawaiian Islands ; current assignments include planning and development, for
private enterprise, of a holding of 80.000 acres which is to contain two complete
cities and accompanying regional facilities.
:\rR. ROY N. CLAYTON. Regional Planning Commission. County of Los
Angeles, -402 North Glendale Ave.. Glendale 6 Represents California
County Planninfi Commissioners Association
Member of the Los Angeles County Regional Planning Commission for the past
15 years and its Chairman for 7 years ; past President of the California County
Planning Commissioners Association ; member of the Planning and Zoning Ad-
visory Committee of the California Supervisors Association for over 5 years ;
Chairman of California County Planning Commissioners As.sociation for over 5
years ; Vice President of Shoreline Planning Association of California for past
year and a member of its executive committee for past 10 years.
12 SUBDIVISION MANUAL
MR. ALLEN CLEVELAND, Manager, Land and Right of Way Department
Southern California Gas Company, , ,
810 S Flower St., Los Angeles— i?ep*esenis American Bight of Way Assoctatton
Member of the California Bar since 1924 ; has had charge of the Land and Right
of Way Department of the Southern California Gas Company since 1928 and among
other matters is responsible for the securing of rights-of-way in subdivisions.
MR. VINCENT T. COOPER, Assistant General Manager, County Supei-visors
Association of California, 500 Elks Building,
Sacramento 14 Represents County Supervisors Association of California
Former General Manager of the Sonoma County Taxpayers Association ; formerly
Local Affairs Consultant of the California Taxpayers Association; previous state
service; public accounting and banking experience.
MR. STUART DAVIS, President, First Savings and Loan Association, 1700
Broadway, Oakland 12 Represents California Savings and Loan League
Charter Member and Past President of the East Bay Chapter of the Society of
Residential Appraisers; former Director, Vice-President and President of the Cali-
fornia Savings and Loan League; Executive Committeeman, Eleventh District,
United States Savings and Loan League.
DR. PROCTOR W. DAY,
Box 110, Repressa Represents the California School Boards Association
Member of the Board of Directors of the California School Board Association ;
Chief Medical Officer at Folsom Prison ; Chairman of Folsom Unified School Dis-
trict Board.
MR. GEORGE T. DERANA, Right of Way Agent, Contra Costa County,
Martinez Consultant
Engineer, in charge of the Right of Way Division of the Public Works Depart-
ment of Contra Costa County ; formerly in the Right of Way Department of the
State Division of Highways and of the East Bay Municipal Utility District ; mem-
ber of the American Right of Way Association.
MR. CHARLES W. DETERDING, County of Sacramento,
Sacramento Represents California Central Valley Flood Control Association
Assistant County Engineer, Sacramento County, 1910-1921 ; County Engineer,
Sacramento County 1921-193.3 ; County Executive, Sacramento County during that
time served as engineer for Planning Commission, 1933-1955.
MR. GEORGE W. ELKINS, George Elkins Company, Beverly Drive at Santa
Monica Blvd., Beverly Hills Represents California Real Estate Association
President, George Elkins Company, President, Beverly-Westwood Mortgage Co. ;
Director and Officer in several real estate investment companies ; past President of
Beverly Hills Realty Board ; Honorary Director of California Real Estate Associa-
tion ; Chairman of the Parking Commission for the City of Beverly Hills ; extensive
subdivision development.
MR. C. M. FEATHERLY, Supervisor— Orange County, Courthouse, Santa
Ana Represents County Supervisors Association of California
Vice Chairman of the Public Works and Planning Committee of California State
Association of County Supervisors; Member of Board of Directors of California
State Association of County Supervisors.
MR. LOHN R. FICKLIN, City Manager, City of Vallejo, Vallejo Represents
League of California Cities
Former City Manager of Petaluma and of Hayward ; graduate work in public
administration ; considerable experience with subdivision development while City
Manager of Hayward.
MR. HAROLD J. FLANNERY, City Engineer, City of San Jose, Room 14,
City Hall, San Jose Represents League of California Cities
Civil Engineer; former Director of League of California Cities; member of the
Sanitary Engineering Advisory Committee to the State Department of Public
Health ; Samuel A. Greely Service award by the American Public Works Association.
MR. A. C. FULMOR, 3250 Main St.,
Riverside Represents California County Planning Commissioners Association
County Sun-eyor of Riverside County 1914-1946 ; member of the Riverside County
Planning Commission 1932-1958.
SUBDIVISION MANUAL 13
MR. CAMILLE GARNIER, IG-'UO East Maple Giovo,
Puentc Represents Building Vontractors Associdtion of California, Inc.
Active in Subdivision development for many years.
MR. WILMER J. GARRETT, Superintendent of Airports, Fresno Air Termi-
nal, Fresno 27 Consultant
Superintendent of Airports for the City of Fresno since 1948 ; Director of the
American Association of Airport Executives; past President of the California
Association of Airport Executives.
MR. C. W. GETCHELL, 14418 Chase Street— Suite B
Panorama City Represents Home Builders Council of California, Inc.
Vice President of Kaiser Community Homes ; very active in subdivision develop-
ment and planning.
]\IR. M. R. GRIFFIN, 310 Spring Arcade Bldg., 541 South Spring St., Los
Angeles 13 Represents Division of Real Estate, State of California
Chief Deputy, Southern Regulatory Area, Division of Real Estate.
MR. WALTER HAHN, JR., Administrative Officer, City of Inglewood, City
Hall, Inglewood Represents League of California Cities
Member of American Institute of Planners ; Member of International City Man-
agers' Association ; former City Manager of the City of Monterey ; formerly Plan-
ning Advisor and Road Co-ordinator of Solano County ; former partner in firm of
Hahn, Campbell & Associates, planning consultants ; presently financial partner in
firm of Hahn, Wise and Barber, planning consultants.
MR. LEONARD A. HARDIE, Atlantic Associates, Inc. 1215 Westwood Boule-
vard, Los Angeles 24 Represents California Real Estate Association
Subdivided and sold several thousands of acres of land in the Imperial Valley ;
buyer of lands for Kaiser-Burns Company ; General manager of Hamilton Sales
Corporation; associated with James M. Udall in the development of large shopping
centers.
MR. JOHN B. HARRISON, Executive Officer, San Francisco Bay Regional
Water Pollution Control Board, 1212 Broadway, Oakland 12
Represents Regional Water Pollution Control Boards
Registered Civil Engineer ; Asst. State Director Community Sanitation, Idaho,
1940 ; Junior Engineer East Bay Cities Sewage Disposal Survey 1941 ; Chief
Sanitary Officer, Los Angeles Port of Embarkation, 1942-45 ; design engineer C. C.
Kennedy Company 1945-48 ; design engineer South San Francisco Sewage Treat-
ment Plant 1949; with Regional Water Pollution Control Board since inception
in 1950; member, American Society of Civil Engineers; Diplomate, American
Academy of Sanitary Engineers.
COLONEL HAROLD E. HEDGER, Chief Engineer, Los Angeles County
Flood Control District, Box 2418 Terminal Annex, Los Angeles rA-.Consultant
Civil Engineer ; Military career spans two world wars, including receipt of the
Legion of Merit for bis services in directing military construction during World
War II ; past President of the Los Angeles Section of the American Society of
Civil J]ngineers ; has devoted his entire professional career to adequate flood control
and conservation of water for the protection of the Los Angeles area ; has been
with Los Angeles County Flood Control District since 1924 and has been Chief
Engineer since 1938; is a member of the Engineering Advisory Committee of the
University of California ; is active in engineering committees of several Statewide
organizations ; and has recently acted as consultant to the Government of India
regarding a national flood control program in that country.
MR. JOHN I. HENNESSY, Claremont Hotel, Berkeley 5
Represents Home Builders ('ouncil of California, Inc.
Executive Vice President of Associated Home Builders of the Greater East
Bay, Inc.
MR. RICHARD H. HOWLETT, Vice President & Senior Title Officer, Title
Insurance and Trust Company, 433 South Spring St., Los Angeles 13
Represents California Land Title Association
Admitted to practice in Colorado and California ; formerly engaged in private
practice in the State of Colorado ; member of the American Bar Association, Cali-
fornia Bar Association, Los Angeles Bar Association; Chairman of the Residential
14 SUBDIVISION MANUAL
Research Committee of Southern California ; member of the Home Builders In-
stitute and member of the Mortgage Bankers Association.
MR. CHESTER JAMES, Director of Public Works, Kern County, 2717 "O"
St.. Bakersfield Consultant
Civil Engineer ; Planning Consultant ; former Kern County Planning Commis-
sion Director ; Past President, California Planners Institute ; Planning Engineer ;
general Manager County Sanitation Districts.
MR. LEWIS KELLER, Associate Counsel, League of California Cities, Hotel
Claremont, Berkeley 5 Represents League of California Cities
A.B. and L.L.B. from University of California ; California Law Review ; served
in Pacific with Marine Corps during World War II.
MR. KEITH E. KLINGER, Forester and Fire Warden, Los Angeles County,
P. O. Box 3009, Terminal Annex, Los Angeles 54 Member at Large
Chief Engineer, Los Angeles County Fire Department (including Fire Protec-
tion Districts), and County Forester and Fire AVarden ; Regional Fire Service
Chief of Region 1, California State Disaster Office ; President, Pacific Coast In-
ter-Mountain Association of Fire Chiefs ; Member of President's National Fire
Defense Advisory Committee, (Civil Defense Mobilization) ; member of National
Academy of Sciences, Fire Research Conference; member of Governor's State
Disaster Fire Services Advisory Committee; member of Governor's State Com-
munications Advisory Board ; member of California Fire Prevention Committee.
MR. ALBERT F. KNORP, 300 Montgomery St., Suite 842, San Francisco
Consultant
Executive Secretary, Home Builders Council of California, Inc.
MR. HAROLD II. LEAVEY, Vice President and General Coun.sel, California
Western States Life Insurance Company, 2020 L St., Sacramento
Represents California Mortgage Bankers Association
Attorney for California Western States Life Insurance Company since 1935 ;
General Counsel since 1945 and Vice President since 1946 ; Co-Legislative Chair-
man of the California Mortgage Bankers Association since 1956 ; Chairman of
the Redevelopment Agency of the City of Sacramento 1950-1954 and member since
1950 ; Chairman of the League of California Cities Advisory Committee on Urban
Renewal and a member of the California State Chamber of Commerce Statewide
Committee on Urban Renewal.
MR. WILBER G. LEFFLER, County Assessor, County of San Joaquin, 302
East Channel St., Stockton 2. Represents State Association of County Assessors
Former Chairman of the East Stockton Water Conservation District ; Appraiser ;
Member of the local school board.
MR. LEWIS F. LIONVALE, State Fire Marshal's Office, 1025 P St.. Sac-
ramento 14 Represents State Fire Marshal's Office
Senior fire prevention engineer and a graduate mechanical engineer ; actively
engaged in fire prevention engineering work for the past 28 years.
MR. EDWARD M. LOFTUS, Loftus Land Co., 11725 South Carmenita Rd.,
Whittier Represents Home Builders Institute
Chemical Engineer ; charter member of the National Association of Home
Builders ; present Director Los Angeles Realty Board ; present member State Real
Estate Commission ; honorary Life Director California Real Estate Association ;
honorary Life Director Home Builders Association of Los Angeles, Orange, and
Ventura Counties ; homebuilder in Los Angeles, San Marino, Monterey Park, Whit-
tier, Norwalk, Buena Park and San Diego.
MR. JACK T. LONG, J. Y. Long Co., Engineers, 132 Ninth St., Oakland 7
Represents California Council of Civil Engineers & Land Surveyors
Registered Civil Engineer ; Land Planner ; past President of the Bay Counties
Civil Engineers & Land Surveyors Association ; past President of the California
Legislative Council of Professional Engineers ; member American Society of Civil
Engineers ; member. Structural Engineers Association ; heads a civil engineering
organization of about 30 engineers.
SUBDIVISION MANUAL 15
MR. RICHARD F. LOVE.TOT, Director of Public Works,
Dppartment of Public Works, City of Richmond, Richmond Consultant
Chief design ensineer. City of Alameda, 1946-1951 ; director of public works, City
of San Leandro, 1951-1950; member of the Committee of the Northern California
Chapter of the American Pul)lic Works Association which developed a subdivision
ordinance ; extensive subdivision experience.
MR. ROBERT .T. LOVELL, Executive Secretary, Associated Home Builders of
Sacramento, Inc., 831 H St., Sacramento 14 Consultant
For seven years worked on all phases of the development of subdivisions which
contained approximately 40,000 homesites ; executive administrator on subdivision
developments for Randolph Parks for two years; experience in sewage treatment
plants and water plants.
MR. FRANK MacP.RIDE, JR., MacBride Realty Company, 21st and Capitol
Ave., Sacramento 10 Represents California Real Estate Association
Past president California Real Estate Association ; past president, Sacramento
Chamber of Commerce; past president, Sacramento Real Estate Board; res'ional
vice president. National Association of Real Estate Boards ; regional vice president.
National Institute of Real Estate Brokers; actively engaged in the general real
estate business including land development and home building since 1936.
MR. JOHN MALONE, Division Chief, Subdivision Administration, Regional
Planning Commission, County of Los Angeles, 108 W. Second St., Los
Angeles 12 Consultant
Subdivision engineer ; regional planner in charge of subdivision administration
of Los Angeles County ; has overseen the processing of 10,000 subdivision tracts ;
formerly with the Los Angeles County Flood Control District and the Los Angeles
Road Department; probably no person in the country has handled more subdivisions.
MR. EVERETT B. MANSUR, Planning Consultant, 505 Segovia Ave.,
San Gabriel Represents American Institute of Planners, California Chapter
Registered civil engineer ; postgraduate work in city planning, public administra-
tion, land economics and law; formerly assistant planning engineer, Los Angeles
City Planning Department ; formerly project planner. Federal Public Housing Au-
thority, and site planner. Public Buildings Administration, Washington, D. C. ; for-
mei'ly regional land and i>ublic services specialist. National Housing Agency, San
Francisco ; chairman, San Gabriel City Planning Commission ; past president, South-
ern California Planning Congress; member, American Institute of Planners and
the American Society of Planning Officials ; planning consultant to over 25 cities
and counties.
MR. FRED W. MARLOW, Marlow and Company, 8600 La Tijera Blvd.,
Los Angeles 45 Represents California Real Estate Association
Civil engineer ; director of Home Builders Institute ; past president of the Los
Angeles Realty Board : past regional vice president of the National Association of
Homebnilders ; formerly First District director of Federal Housing Administration
for Southern California and Arizona, 1934-1938 ; active subdivision business as
Marlow and Company and Baker-Marlow & Associates ; member of American So-
ciety of Real P]state Counselors.
MR. DONALD McCLIJRE, Assistant Real Estate Commissioner, 310 Spring
Arcade Bldg, 541 S. Spring St., Los Angeles 13 Represents Division of
Real Estate, State of California.
Member of the State Bar of California, the American Bar Association and the
American Society of International Law ; colonel. United States Air Force, retired ;
former chief trial deputy district attorney, Alameda County ; former deputy district
attorney, Los Angeles County ; trial counsel and chairman of the Board of Review,
American War Crimes Trials, European Command ; president. Foreign Claims Com-
mission, European Theater ; former legal adviser to the United States Air Force,
United Kingdom.
MR. AVILLIAM L. MARTIN, Vice President, American Trust Company, 464
California St., San Francisco 20 Represents California. Bankers Association
Formerly chief appraiser with American Trust Company ; presently vice president
in charge of appraisal department ; member of the American Right of Way Associa-
tion and the Society of Residential Appraisers.
16 SUBDIVISION MANUAL
MR. JOHN W. McIXTIRE, Mcliitiie & Quiros, Inc.,
3211 Beverly Blvd., Los Angeles 57 Consultant
President of Mclntire & Quiros, Inc., which specializes in surveying:, civil engi-
neering, aerial mapping and land planning; recently completed a subdivi.sion in
La Mirada which included 8.000 residential lots ; licensed land surveyor.
MR. L. E. MULLEN, President, Contra Costa County Title Company, Mar-
tinez Represents California Land Title Association
Assistant manager, manager, vice president and now president of the Contra Costa
County Title Company.
MR. RAY A. MYERS, Myers Brothers, 3407 San Fernando Rd.,
Los Angeles 65 Represents Associated General Contractors of America,
Inc., Southern California Chapter
Senior partner of ISIyers Brothers, general building contractors, which has con-
structed over 30,000 housing units in the past few years ; former vice president of
the Associated General Contractors of America, Inc. ; former chairman of the Con-
struction Industries Committee of the Los Angeles Chamber of Commerce ; former
president of the Los Angeles City Fire Commission ; chairman of the l)oard of
directors of the Monorail Engineering and Construction Company.
JIR. J. R. NEWVILLE, 1127 W. Washington Blvd.,
Los Angeles 15 Represents California Council of Civil Engineers and
Land Surveyors
Civil engineer ; vice president. Engineering Service Corporation which handled
the 20,000 homes in Lakewood Park and which has recorded tract maps covering
00,000 lots or about 18,000 acres ; director and past president of Civil Engineers and
Land Surveyors Association ; director and past president of California Council of
Civil Engineers and Laud Surveyors.
DR. LEW D. OLIVER, Chico State College,
Chico Represents County Supervisors Association of California
Past President of the California Planning Commissioners Association ; member
of the Butte County Planning Comrais-sion ; Professor at Chico State College.
MR. PAUL OPPERMANN, Executive Director, Northeastern Illinois Metro-
politan Area Planning Commission, 140 S. Dearborn St.,
Chicago 3, 111 Represented American Institute of Planners, California Chapter
Director, Department of City Planning, City of San Francisco 1949-1958 ; past
President of American Institute of Planners ; past President of City Planners De-
partment, League of California Cities ; former Editor, Journal of American Insti-
tute of Planners ; former Assistant Director. American Society of Planning Officials,
Chicago, Illinois ; former City Planner on the staffs of Federal Housing Administra-
tion and Federal Works Agency.
MR. H. JACKSON PONTIUS, State Secretary,
California Real Estate Association, 117 W. Ninth St.,
Los Angeles 15 Represents California Real Estate Association
Formerly Executive Secretary of Pasadena Realty Board ; formerly Educational
Director of California Real Estate Association ; Editor of the California Real
Estate Magazine ; Member, Commissioner's Real Estate Education and Research
Advisory Committee.
MR. ARNOLD PUNSHON, Regional Sanitary Engineer, Federal Housing Ad-
ministration, 30 Van Ness Avenue, San Francisco Consultant
Degree in engineering from Trinity University, England ; formerly Engineer with
the Corps of Engineers and the Federal Public Housing Authority.
MR. DON L. RALYA, Chief Land Planner, Federal Housing Administration,
30 Van Ness Avenue, San Francisco 2 Consultant
Member of American Institute of Planners ; Registered Landscape Architect,
State of California ; awarded Ryerson Traveling Fellowship for study of City Plan-
ning and Landscape Architecture in European countries; formerly Assistant to the
Chief of the F.H.A. Land Planning Section, AVashington, D.C. ; formerly Chief
Land Planning Considtant. F.H.A., Western States; awarded Federal "Staff Man
of the Y'ear" by the Federal Business Association of San Francisco.
SUBDIVISION MANUAL 17
MR. ROBERT E. REED, Chief,
Division of Contracts and Rights of Way, P. O. liox 1499,
Sacramento Represents Dcpartinent of Public Works, State of California
Formerly Deputy Attorney (Jeneral and Deputy liesislative Counsel; engaged in
private law practice in Oakland; Ci)ief attorney for tlie Division of Contracts and
Rights of Way since 1950.
MR. E. A. REINKE, Chief, Bureau of Sanitary Engineering, Department of
Public Health, 2ir)l Berkeley Way,
Berkeley Represents Department of Puhlic Health, State of California
Formerly Assistant Professor of Civil Engineering ; has been with the State
Dejiartment of Health since 3920; has wi<le exi)erience in water supply and puri-
fication and sewage treatment and disposal ; past President of California Sewage
and Industrial Wastes Association ; past President of Northern California Public
Health Association.
MR. JOHN E. ROBERTS, Director, Los Angeles City Planning Commission,
City Hall, Los Angeles 12 Represents League of California Cities
Formerly principal city planner in the Department of City Planning of the City
of Los Angeles; present Director of Planning, City of Los Angeles; past President
of the Southern California Planning Congress; past President, Planners Depart-
ment, League of California Cities.
MR. LEO W. RUTH, 919 The Alameda, San Jose Consultant
Civil Engineer ; Office Engineer and Partner with .James and AVaters & Associates
for 10 years ; partner in AVaters, Ruth and Going, Civil Engineers since 1956 ;
licensed as professional civil engineer and mechanical engineer; past president of
the California Council of Civil Engineers and Laud Surveyors ; currently President
of the California Society of Professional Engineers ; member of the American So-
ciety of Civil Engineers and the American AA^ater AA^orks Association ; active in
land planning, subdivision development and municipal engineering.
MR. KENNETH SAMPSON, Manager, Orange County, Harbor District,
Orange County Consultant
Harbor Manager ; Secretary Orange County Harbor Commission ; Associate Mem-
ber American Society of Civil Engineers ; Member American Institute of Planners ;
Past President California I'lanners Institute ; Planning Consultant for numerous
Governmental & Private Organizations ; formerly Assistant Planning Director,
Orange County Planning Commission; Division Engineer, Los Angeles County
Regional Planning Commission ; Chief Engineer, Montana Land Company ; Assistant
Chief Administrative Officer, Los Angeles County.
MR. VICTOR SAUER, P. O. Box 509, Martinez Consultant
Director of Department of Public AA^)rks, Contra Costa County.
MR. NIELS SCHULTZ, JR., Schultz Building Co., 147 Bon Air Shopping
Center, Greenbrae, San Rafael Represents California Real Estate Association
Formerly chairman of Home Builders Council of California ; developed Green-
brae, Marin County ; former Director National Association of Home Builders and
California Real E.state Association ; member, Marin County Planning Commission.
MR. E. LEE SCOTT, Scott, Blake & Wynne, 8418 AV. Third St.,
Los Angeles 48 Consultant
Vice President and past President of Civil Engineers and Land Surveyors As-
.sociation ; mortgage correspondent. The Union Central Life Insurance Company ;
extensive subdivision and land development engineering.
MR. FRANK S. SKILLMAN, Planning Director, Courthouse,
Redwood City Represents American Institute of Planners, California Chapter
Planning Director, San Mateo County since 1943 ; member of the State Local
Planning Committee ; past President, California chapter, American Institute of
Planners ; member. County Super\isors Association of (^ilifornia. Committee on
Planning and Zoning.
COLONEL SAAIUEL M. SMITH, United States Air Force Commander.
McClellan Air Force Base ^Consultant
Formerly Director of Materiel, Fourth Air Force Headquarters, Hamilton Air
Force Base ; Director of Materiel, Second Air Force Headquarters, Bark.sdale Air
Force Base, Louisiana ; base commander, Barksdale Air Force Base ; assistant for
programing. Air Materiel Forces, European Area ; base commander, Nouasseur,
Morocco ; wing commander, McClellan Air Force Base, California.
18 SUBDIVISION MANUAL
MR. EDWIN A. TOMLIN, President, Edwin A. Tomlin Company, 34G0 Wilshire
Blvd., Los Angeles 5 Represents California Mortgage Bankers Association
Past director of Home Builders Institute ; past director, Mortgage Bankers As-
sociation ; mortgage correspondent, the Union Central Life Insurance Company ;
past director of Los Angeles Realty Board ; director and executive vice president,
Cabrillo Heights, San Diego.
MR. JACK TUGGLE, Assistant Director, Federal Housing Administration.
30 Van Ness Ave., San Francisco 2 -^Represents Federal Housing Adminisf ration
Formerly chief appraiser and subdivision appraiser. Federal Housing Administra-
tion ; senior member of Society of Residential Appraisers.
MR. LORAN C. VANDERLIP, 350 Bush St.,
San Francisco 4 Represents California State Chamher of Commerce
Legislative representative, California State Chamber of Commerce ; formerly fiscal
analyst. California Taxpayers Association ; formerly tax economist, California State
Chamber of Commerce.
MR. JEAN LACEY VINCENZ, County Director of Public Works,
San Diego County, 4005 Rosecrans St.,
San Diego 10 Represents County Supervisors Association of California
Registered civil engineer ; formerly in practice of civil engineering working on
numerous subdivision developments ; former Deputy County Surveyor. Fresno
County ; former City Engineer and Commissioner of Public Works. City of Fresno ;
former president, director and member of Executive Committee of League of Cali-
fornia Cities ; chairman of Planning and Zoning Advisory Committee of the County
Supervisors Association.
MR. MARSHALL W. WALLACE, Sonoma County Courthouse,
Santa Rosa ^ Consultant
County Surveyor and Road Commissioner of Sonoma County.
MR. D. D. WATSON, 609 W. Sierra Madre Blvd.,
Sierra Madre Memier At Large
Formerly represented the Division of Real Estate as Real E.state Commissioner
of the State of California : 30 years statewide experience in real estate ; former
member of the State Public Works Board ; past President of the California Real
Estate Association : past President of the National A'^sooiation of License Law
Officials ; pa.st Pi-esident of the California Property Owners Association ; past Vice
President of National Association of Real Estate Boards ; Vice President of Society
of Industrial Realtors.
PROFESSOR PAUL F. WENDT, University of California.
Real Estate Research Program, 2288 Fulton St., Rm. 200. P,erk,-ley 4
Represents Real Estate Rrsfarch Program, Universit;/ of California at BerJceley
Professor of finance, University of California. Berkeley ; member of American In-
stitute of Real Estate Appraisers ; affiliate member of the Ainerican Institute of
Planners; former educational committee vice chairman of the National Association
of Real Estate Boards; editor of Bay Area Real Estate Report.
DR. LAWRENCE B. WHITE, P. O. Box 891,
Long Beach Represents California School Boards Association, Inc.
Formerly high school principal and superintendent of schools ; consultant for State
Department of Education ; consultant for California Commission of School District
Organization.
MR. ARNOLD A. WILKEN, Area Representative, Housing and Home Finance
Agency, Rm. 928. Bartlett Bldg., 215 W. Seventh St., Los Angeles 14 . Consultant
Admitted to practice of law in Nebraska and Wyoming ; loan guarantee ofiicer
and su])ervising loan guarantee officer for 10 years in Veterans Administration ;
presently handling urban renewal administration for Housing and Home Finance
Agency.
MR. W. D. WINTERS, Deputy State Forester, Division of Forestry, State of
California, Sacramento 14 Represents Department of Xaiural Resources
Thirty years' experience in forest and structural fiiefighting ; formerly County
Firewarden of Kern County ; presently Fire Control Chief of the Division of
Forestry of the State of California.
CHAPTER I
INTRODUCTION
Approximately 50,000,000 additional people will be living in subur-
ban areas in the United States by 1976. Some 7,000,000 new residents
are anticipated in California by that time. The acceleration in the
suburban movement will result in doubling the population of many of
California's cities and in the creation of many new urban areas in the
State.
The unparalleled subdivision development in the State is a vital
force in the tremendous era of growth and expansion currently being
experienced. In 1900 California had a population of less than 1,500,000 ;
in the mid-1950 's it had exceeded 14,000,000 people. More than 19 per-
cent of the Nation's recent growth in population has occurred in Cali-
fornia. The State's subdivision development program has had to meet
the challenge of providing homes for the greatest voluntary mass mi-
gration in its history. To take care of this influx, California has been
building approximately 20 percent of all the new homes constructed in
the United States in recent years. The volume of subdivision activity
in California during the past decade has exceeded that for any com-
parable period in the history of the State. It is estimated that in 1957
some 200,000 new residential units were built in California, the great
majority in newly subdivided lots.
ECONOMIC IMPORTANCE
Sound development of the State 's urban land resources is imperative
in the interests of economy and efficiency. It is axiomatic that the opti-
mum development of California's potential subdivision land is a desir-
able objective for the subdivider, the builder, the homeowner, and the
community.
Subdivision activity, with its attendant home building, has a tre-
mendous effect upon the economy of California. It is a vital and funda-
mental index of business activity. Its impact upon the business condi-
tions of the State is felt far beyond the imposing total cost of land
development and home building. Also affected are the countless number
of products required from industry in general for each new home and
the resultant stimulation of employment in the home furnishing field,
the service businesses, and all other attendant fields of commerce and
industry.
The work of the subdivider and home builder has a vital effect upon
the future character of the individual communities and of the State as a
whole. The ability of the private developer to provide homesites and
homes at prices within the means of prospective owners, coupled with
the obligation to provide a desirable neighborhood and community en-
vironment, is a matter of statewide importance as the character of sub-
division developments will, in a large measure, determine the future
physical community growth pattern throughout California.
(19)
20 SUBDIVISION MANUAL
The landowner and the subdivider should seek to achieve the best use
of property together with the greatest feasible economic return. The
interests of the landowner, the subdivider, the builder, and the mort-
gagee are all dependent, therefore, upon sound land subdivision prac-
tices. Similarly, the safeguarding of the homeowners' and the mortgage
lenders' investment can be assured only through provisions for efficient
street and lot layout, adequate utilities and community services, opti-
mum land planning and design, and sound improvement standards.
THE COMMUNITY'S STAKE
The community has an important stake in subdivision development.
Master plans for community development, zoning, taxation and assess-
ment practices, transportation, and public utility and other local capi-
tal improvement programs are all affected in major degree by subdivi-
sion practices. It may well be maintained that the fiscal welfare of Cali-
fornia's cities will depend to a large degree upon the achievement of
rational plans for land development in the decades ahead.
Local authorities charged with supervising the orderly- development
of communities have been somewhat overwhelmed by the size and com-
plexity of the problems related to community land development. In-
creasing controls in the local level have been paralleled by more detailed
screening of the information required by the State Real Estate Com-
missioner. Meanwhile federal and state mortgage insurance and guar-
antee agencies and private lenders have established subdivision stand-
ards and approval practices.
A study prepared for the Senate Interim Committee on Subdivision
Development and Planning in 1954 revealed that many public officials
and subdividers are surprisingly uninformed concerning residential
subdivision standards and approval procedures. It was also concluded
that many of the problems in subdivision development resulted from a
lack of co-ordination among the many agencies of local, state, and fed-
eral government involved in the subdivision approval procedure.
Subdivision development is a technical and complex undertaking
which requires understanding and a sound working relationship be-
tween the interested governmental officials charged with the responsi-
bility for desirable community development and the subdivider and
developer. Subdivision regulations should prevent excessive costs and
unnecessary delays, at the same time setting out a definite pattern of
orderly and sound community development.
The regulation of land subdivision and development has become a
very important function of local government in order to insure sound
community growth. Regulations for control of subdivision development
are instruments of local government which require the highest degree
of co-operation between the developer who wishes to subdivide and the
city or county within which the subdivision is located.
THE BASIC LAWS
It is desirable to review briefl}- the background and purpose of the
two basic laws under which subdivisions are controlled in California —
SUBDIVISION MANUAL 21
the Subdivision Map Act and the Real Estate Law.^ To gain an insight
into the nature and objectives of these subdivision control acts it is
important to be cognizant of tlie fact that these two laws were enacted
for different purposes, and, therefore, different definitions of a subdivi-
sion were adopted in order to achieve the objective for Avhieh each was
designed.
The primary objectives of these two acts respectively are as follows:
First, the State Sutdivislon Map Act generally provides definitions
of terms and outlines methods of subdivision filing procedure applicable
on a statewide basis. Prior to 1929 there had been no effective control
of the filing of subdivision maps in California. As a result, co-ordina-
tion of land subdivision with overall community development plans was
lacking. This resulted in the enactment of the Map Filing Act of 1929
which has subsequently been superseded by the present State Subdivi-
sion Map Act. This is primarily an overall statewide enabling act per-
mitting the enactment of subdivision ordinances by local governmental
bodies having direct jurisdiction over subdivisions in the communities
affected within the limitations and scope set out in the State Map Act.
Thus, the direct control of the kind and type of subdivisions to be
platted in each community and the physical improvements to be in-
stalled are left to the control of the local jurisdictions within certain
general limits specified in the statewide Subdivision Map Act. This
act has two major objectives:
(1) To co-ordinate the subdivision plans and planning, including lot
design, street patterns, rights-of-way for drainage and sewers,
etc., with the community pattern and plan, as laid out by the
local planning authorities.
(2) To insure that the areas dedicated for public purposes by the
filing of the subdivision maps, including public streets and other
public areas, will be properly improved initially by the sub-
divider so that they will not become an undue burden in the
future upon the general taxpayers of the community.
An enabling section of the State Subdivision Map Act authorizes the
enactment of subdivision ordinances by the local governing bodies of
the individual communities. The state law now requires that each com-
munity shall enact a local subdivision ordinance within the authorized
scope of the Subdivision Map Act.
Second, in 1933 the subdivision control sections of the California Real
Estate Law were enacted. This law is statewide in its operation and is
directly administered by the State Real Estate Commissioner. The basic
objective of this legislation is to protect the purchasers of property in
new subdivisions from fraud, misrepresentation, or deceit in the market-
ing of subdivided lots and parcels in the State of California.
The definition of what constitutes a subdivision under the control
sections of the State Real Estate Law, and therefore the jurisdiction
under this act, varies somewhat from that contained in the Subdivision
Map Act. Under the State Real Estate Act, subdivided lands and a sub-
division are defined as "Improved or unimproved land or lands divided
1 The Subdivision Map Act is contained in Division 4, Part 2, Chapter 2, Sections 11500
to 11628 of the Business and Professions Code. The State Real Estate Law refers
to Division 4, Part 2, Chapter 1, Sections 11000 to 11021 of the Business and
Professions Code. These are reproduced in the Appendix.
22 SUBDIVISION MANUAL
or proposed to be divided for the purpose of sale or lease, whether imme-
diate or future, into five or more lots or parcels. ' ' Parcels of land of 20
acres or more are excepted from this definition, and there are certain
other exceptions. Keference should be made to the complete text of -.he
State Real Estate Act for the terms of this definition of a subdivision
and the exceptions contained in the law.
The basic difference between the definition of a subdivision under
the State Real Estate Act and the Subdivision Map Act is that under
the latter any division of land into five or more parcels as defined in
the map act ivithin any one-year 'period brings it under the scope of
that law. The State Real Estate Act brings the division of land or pro-
posed subdivision of land into five or more parcels for the purpose of
sale or lease, ivliciher immediate or in the future, under the scope of
the State Real Estate Act irrespective of the time element involved,
with no limitation as to a one-year period.
The subdivision control sections of the State Real Estate Act are
designed to prevent fraud in the sale of subdivided lots and parcels
and to disclose essential facts concerning the property being offered
for sale or for lease before members of the buying public obligate
themselves to purchase or lease the property being offered.
COMPLIANCE AND GOVERNMENTAL CONSULTATION
Full compliance with all of the provisions of the Subdivision Map
Act and the State Real Estate Act is extremely important in any sub-
division development program. Subdividers and their professional
consultants should be thoroughly familiar not only with the provisions
of the Subdivision Map Act itself, but also with the specific provisions
in the local subdivision control ordinance in effect in the particular
community in which the subdivision is being developed. Numerous
variations are found between the local subdivision ordinances because
of a great diversity in types of communities and conditions throughout
the State.
Local officials engaged in the processing of subdivision maps should
be thoroughl^y familiar with the provisions of the State Subdivision
Map Act and with the limitations imposed by this statute. Local sub-
division ordinances should be enacted and administered within the
scope and provisions of the state act, with an effort being made to
obtain some degree of uniformity in this regard among the various
communities which are generally similar in character.
Subdivisions are developed in many areas within the scope of the
local community zoning ordinances, and a thorough knowledge of the
provisions of the zoning ordinances affecting subdivisions is also of
utmost importance.
It is recommended that land developers and subdividers consult the
State Division of Real Estate at an early stage in the planning of any
subdivision development program in order to be thoroughly familiar
with the requirements of the State Real Estate Commissioner with
respect to the particular subdivision problem under consideration.
The Federal Government plays an important role in the financing
of home building through its mortgage insurance program. It is vital
in a subdivision which proposes a building program with government-
SUBDIVISION MANUAL 23
insured or guaranteed financing that the developer consult with the
Federal Housing Administration, the Veterans Administration, or
otlier interested governmental loan insuring agency on their specific
requirements.
Various agencies of the State Government are concerned with sub-
division development problems in addition to the Division of Real
Estate, including the Division of IJigliways, State Water Pollution
Control Board, Division of Corporations, State Public Utilities Com-
mission, Department of Public Health, Department of Veterans Af-
fairs, and others. In a number of instances the services of these state
agencies can be made available to local communities to assist in the
solution of some problem affecting subdivision development programs
in the local community with which the particular state agency has
some specialized knowledge.
PROGRESS
Great progress has been made in recent years in the plainiing and
development of modern subdivisions which create desirable neighbor-
hoods for homeowners and valuable additions to the communities in
which they are located. Skillful techniques in designing and advanced
planning methods have combined to bring these well-planned communi-
ties into being.
Complete, new, integrated communities have been built embodying
the most modern ideas in subdivision development and community
planning. These have included carefully designed residential areas,
with such environmental amenities as curvilinear streets, quiet cul-
de-sacs, protection from through traffic, noise, etc. Such planning also
has featured modern shopping districts, controlled industrial areas,
carefully selected sites for schools, parks, public buildings, and other
requisite facilities.
Other smaller subdivision developments have been well planned and
executed to fit into the general plans of the local communities. They
have enhanced the value of the areas in which they are located, as
well as providing a desirable neighborhood environment for the resi-
dents in their new subdivisions.
California has been a leader in the development of these modern
residential communities. Their creation is a tribute to the ability,
imagination, and the constructive objectives of the State's subdividers
and developers, their professional consultants, and the State's public
officials and planning authorities. The high degree of co-operation dis-
played in order to achieve these desirable community objectives has
been commendable. One objective of this manual is to encourage this
trend.
THE MANUAL
This manual is designed to point out the fundamental importance
of land development, subdivision, and home building in the economy
of California; to set forth the reasons for the control of subdivision
development; and to outline a program of recommended subdivision
procedure. It is proposed to make this material available to all public
agencies involved in the subdivision control program, as well as to those
interested and engaged in the private field of subdivision development,
24 SUBDIVISION MANUAL
in order to obtain a higher standard and greater uniformity in this
field throughout the State of California.
Subsequent chapters in this manual outliue various aspects and
facets of the multitude of problems having to do with the planning,
development, economics, processing, and control of subdivisions in
California.
Some of the sections have to do with the problems faced by private
land developers and their professional consultants in carrying forward
subdivision development programs.
Other portions outline the functions and duties of various govern-
mental agencies engaged in the processing and control of subdivisions
in their various ramifications and aspects.
The manual also outlines accepted principles of residential subdivi-
sion design and draws attention to technical phases of land develop-
ment frequentl}^ overlooked by the inexperienced.
Every land subdivision presents a unique set of elements which
demand a different assignment of values to such related design objec-
tives as economic utilization of land, maximum number of good building
sites, sufficient provision for utilities and public services, preservation
of property values, the convenience, safety and general well-being of
the tract residents, and the community Avelfare. It can be recognized
that subdivision design cannot be reduced to a mechanical procedure
and that rules for successful subdivision development cannot be inflexi-
ble and will vary among individual communities. This manual should
be used, therefore, as a general guide for California local and state
public bodies and officials, subdividers, and developers rather than as
a set of hard and fast rules.
Timing is extremely important in the development of subdivisions,
and it is felt that the use of this manual will facilitate in streamlining
and expediting the proper processing of subdivision developments in
California. Perhaps with a clearer knowledge of the comprehensive
problems involved and the proper procedures required, the private land
developers and the public officials participating in this important sub-
division development program can achieve a unity of purpose and a
degree of co-operation which will bring lasting and constructive results
for the future development and progress of California.
Members of the advisory committee to the California State Senate
Interim Committee on Subdivision Development and Planning, who
were selected because of their experience and competence, voluntarily
contributed the material used in this manual. It is hoped that the wide
application of the procedures set forth will promote higher standards
and greater uniformity of residential land subdivision development in
California.
CHAPTER 11
ECONOMIC ASPECTS OF SUBDIVISION
DEVELOPMENT
The economic aspects of a subdivision are many and varied. They
fall roughly into two major classifications — the economic effect a sub-
division has on the community as a whole and the economic aspects
and problems of a subdivision from the standpoint of the subdivider.
The broad economic effect is fairly obvious to anyone who has lived
in or near an area of subdivision activity. Entire new neighborhoods
and communities have been created in many of the major metropolitan
areas of the Nation since the end of World War IT. This, in turn, has
stimulated the need for expanded facilities and services such as trans-
portation, streets and sewers, parks, schools, churches, hospitals, power
and gas, and police and fire protection. Similarly, demand has been
created for all types of consumer goods and services, resulting in the
establishment of new shopping centers. This trend toward greater
"suburbanization" has unquestionably been the major economic impact
of residential subdivision development. Following closely in importance
as part of the same pattern is the resultant ' ' decentralization ' ' of down-
town business districts into suburban neighborhood shopping centers.
The purpose of this chapter is to discuss the major economic consid-
erations in site selection and subdivision planning and to outline pro-
cedures for subdivision market analysis. Since faulty planning and
overbuilding can quickly develop into serious problems, it is essential
to have a complete understanding of all of the economic forces which
may affect subdivision development.
MARKET ANALYSIS
The most vital factor in the planning of a subdivision is that of
market analysis — the systematic study of the demand and supply
forces operative in the local housing market.
Satisfactory market analysis is not only a prerequisite of a success-
ful tract development but is also a frame of reference for the lending
agencies, the Federal Government as guarantor in F. H. A. and V. A.
loans, and the interested public agencies such as city and county
governments, planning commissions, utility companies, etc.
Measure of Demand
Demand is the keystone of all market analysis, but particularly so
for residential subdivisions. The smaller the community, or the farther
away from the major sources of employment, the more important a
careful analysis becomes. Before purchasing the land the subdivider
should carefully examine market conditions in the area in question to
determine if an active demand is likely to exist. If it is an area where
(25)
26 SUBDIVISION BIANUAL
other tracts are on the market, the prevailing rate of sale will general!}-
provide the best measurement of current demand.
A large number of completed houses that have remained unsold for
any length of time are usually easy to spot and should act as danger
signals to the prospective subdivider. The cause may lie elsewhere than
in lack of demand, but such a condition should be thoroughly in-
vestigated. If this completed and unsold inventory is generally dis-
tributed throughout all of the tracts within a given area, it can
generally be assumed that the area has been overbuilt, at least tem-
porarily. In a situation such as this, further analysis is desirable. If
new starts are continuing and a considerable number of houses are
still in the construction stages, it is almost a certainty that the unsold
inventory situation will grow worse before it improves.
If, however, there have been no new starts in recent months and
the existing unsold houses are being gradually absorbed, the sub-
divider may anticipate a demand for additional houses at some future
date. This is not an uncommon occurrence.
If the surplus of unsold dwellings is merely a result of the build-
ing volume having temporarily exceeded the normal absorption rate,
a decline in the rate of starts will soon clear up the situation. If con-
struction activity should cease entirely, it is only a question of time
before the surplus will vanish and a shortage develop. This should
guide the subdivider in starting a new tract.
Timing is an extremely important element in the marketing process.
As indicated in Chapter III, the processing of a subdivision is quite
involved, and a year or longer usually transpires from the time of
conception to the actual completion of a house. Thus the builder
should not base his entire planning and scope of operation on what is
happening at the moment. He must plan for a market many months
ahead. It should also be realized that a change in the flow of demand
or in the volume of competitive construction can radically alter the
complexion of the market within a relatively short time.
Accordingly, a subdivider should allow a measure of fiexibilitj^ in
his plans. If the subdivision was set up for a given number and cost
range of houses, he should be prepared to adjust the actual con-
struction figure downward or upward if necessary. The slightly higher
cost per house resulting from downward revision must be weighed
against the contingency of having a large number of completed and
unsold houses on hand later. It is relatively easy to increase production
if sales should so warrant, but more difficult to stop production once
construction has started.
Analysis of fhe Site
Careful consideration must be given to three factors in the acquisi-
tion of land for subdivision — location, purchase price, and development
cost. The first of these is actually the prime factor from a market
standpoint, for unless the location is conducive to residential de-
velopment, the other two become meaningless.
Location. Since a subdivision is an entity created out of unim-
proved land for habitation by people, it must of necessity be located
where both of these elements can be satisfactorily combined. Normally,
this has been on the periphery of an established community. Sub-
SUBDIVISION MANUAL 27
sequent developmeut usually continues to expand outward in an
orderly and reasonably contiguous pattern.
The proximity of llie site to the major sources of employment will
usually have a definite bearing on the marketability of the subdivision.
This, of course, does not mean that a subdivision immediately adjacent
to an industrial plant would be guaranteed a ready market.
A second element to be considered in selecting a location is the prox-
imity of shopping and service facilities, schools, churches, and trans-
portation. The importance of these factors will vary with the individual
tract or with the area being developed. If these facilities are not cur-
rently available, it should be determined whether plans have been
made for their future development.
The selection of land for a planned community by one developer
requires a special, detailed economic study not usually undertaken by
the typical subdivider. Such developments involve the creation of an en-
tirely new community, encompassing thousands of houses with planned
shopping centers, schools, parks, and churches as integral parts of the
overall project.
Development Cost : In many instances the actual cost of developing
the land into the individual building sites is a greater factor in total
costs than the price of raw land. The availability of services such as
water, electricity, gas, drainage, and sewage disposal are of prime im-
portance in development costs. If utilities are adjacent to the site or
will be provided by the public utility company or municipality, no fur-
ther consideration is necessary. If, however, as is frequently the case,
the subdivider has to bear the responsibility of connecting lines for
water or sewage, or perform extensive off-site drainage work, develop-
ment costs will be materially affected.
A careful engineering study should also be made of the terrain to
determine the amount of clearing, grading, filling, soil compaction, and
erosion protection needed, which v/ill add materially to the overall
cost. Similarly the need for installing special lot improvements such as
retaining walls, special drainage structures, etc. should be noted.
Price Range of Houses
In determining the price range of houses, the subdivider should be
guided by the nature of the surrounding improvements. To a certain
extent the broader limitations on the price of the prospective houses
may have already been established by other factors. The purchase price
of the land plus its cost of development roughly establishes a minimum
figure from wliich to start. Similarly the financing terms available may
also create a tentative ceiling.
If the subdivider decides to take the calculated risk of erecting a
higher-priced house than has previously been built in the area, he
would be wise to limit his initial construction to a relatively small
number of houses until their marketability is evident. The builder
should be aware that for every increase in price, a certain percentage
of prospective buyers is eliminated.
In a tract development area that is sprinkled with houses in a
variety of price ranges, the new subdivider should make an actual
check to determine if any definite pattern of marketability exists. Any
significant surplus or shortage in a given price range should be readily
28 SUBDIVISION MANUAL
evident and the builder can make his plans accordingly. A builder
must, therefore, first be aware of the latitude in which he can operate
eeonomicall}- and then attempt to adapt his plans and construction costs
to the price range which appears to be most in demand.
If it is found feasible to introduce some variation into the price
range, it may lend more interest both physically and socially to the
development and attract a wider clientele.
Through market analysis the builder should acquaint himself with
the features that are in demand in the various price ranges. Such is
the best recourse for the builder to determine the character, type, and
design of house to be built in a given area.
SUMMARY
The decisions regarding land costs, subdivision improvements, the
type and style of house, the price range, financing, merchandising,
overhead, and profit are all correlated in the process of subdivision
cost analysis. Embarking on a subdivision without a complete cost
analyis would be taking unnecessary risks. Cost analysis provides the
key to the sound basis of subdivision development.
In general the economic problems which are involved in the develop-
ment of a subdivision are formidable to say the least. Notwithstanding
the ready acceptance of the many thousands of houses built in the past
few years, it should be borne in mind that in the last analysis a sub-
division is always a speculative venture. Market conditions have to be
anticipated at least a year in advance. The success of any given de-
velopment is governed entirely by local demand and supply conditions
and how well the subdivider succeeds in tailoring plans to fit the exist-
ing market within the limits of local community requirements for sub-
division improvement.
CHAPTER III
OUTLINE OF SUBDIVISION PROCEDURE
This chapter describes the procedure for California land subdivision
as prescribed by state and local laws and regulations. A number of
governmental agencies have important functions in the subdivision
process, but primary responsibility rests in the city or county govern-
mental unit vrhich has jurisdiction over the subdivision. A simplified
diagram showing the typical steps in subdivision procedure is shown in
Chart I.
Full compliance with all provisions of the local subdivision control
ordinance is extremely important to successful subdivision development.
It is recommended, therefore, that all rules and regulations of the city
or county pertaining to the subdivision of land, including any applic-
able zoning ordinances, be studied by the subdivider before subdividing
begins.
Subdividers should also be familiar with valid requirements imposed
by any of several types of special districts which may control water
supply, water pollution, sewage, fire protection, flood control, and
schools. Regulation by these districts can delay or complicate the sub-
division procedure unless co-ordination of conflicting requirements be-
tween the special districts and the city or county governments is
achicA^ed by the planning commission.
Agencies of the State Government concerned with subdivision devel-
opment include the Division of Real Estate, Division of Highways,
State Water Pollution Control Board, Division of Corporations, State
Public Utilities Commission, Department of Public Health, Department
of Veterans Affairs, and others. These agencies may not in all cases
have specific regulations relating to subdivisions but can usually pro-
vide specialized information of benefit to the subdivider and the local
authorit.y.
Land developers should notify the Division of Real Estate at an
early stage in the planning of any subdivision development program in
order to achieve timesaving advantages and assure full knowledge of
and compliance with state regulations. Detailed information regarding
the Division of Real Estate and its role in subdivision procedure is
included in the next chapter of this manual.
In order to qualify for P. H. A. -insured and V. A. -guaranteed home
loans it is essential that the subdivision meet their requirements as well
as those of other agencies and of the individual mortgage lender. Gen-
eral requirements and land development standards of the F. H. A. and
the V. A. are similar and may be found in detail in the bulletin entitled
NeighhorJwod Standards, F. H. A. Land Planning Bulletin No. 3. A
Subdivision Report is issued to the developer as a result of a subdivi-
sion analysis which is made for each tract. The Subdivision Report
outlines in detail the specific requirements pertaining to the subdivision.
(29)
30
SUBDIVISION MANUAL
CHART I
BASIC OUTLINE OF SUBDIVISION MAP PREPARATION AND APPROVAL
Preliminary Planning
Economic analysis of feasibility
Locational analysis
Physical survey of site
Preliminary discussion with private and governmental
agencies tiaving jurisdiction
Subdivider prepares tentative map
Tentative map submitted for approval to:
On basis of preliminary conference subdi-
vider obtains requirements from local auttior-
ities, state agencies, title company, and fi-
nancial source (F. H. A,-V, A.)
1, Local government
Planning commission accepts map from subdi-
vider and obtains approval from otiier city or
county offices. Copies forwarded to Division
of Real Estate.
2, Governmental loan insuring agency,
e.g., F. H. A.
Subdivider prepares final map
Final map submitted for approval to:
1. Local government
Officer designated in local ordinance accepts
map from subdivider and obtains approval
from ottier city or county offices.
2. Governmental loan insuring agency
Approved map is recorded. Copy sent to Division of Real Estate
Development started
PRELIMINARY PLANNING
It is assumed that the subdivider will carry on extensive preliminary
anatysis before initiating steps to secure approval of a subdivision plan.
Important among these are analysis of the location, a physical survey
of the site, and a determination of the economic feasibility of the pro-
posed development. Considerations of importance in determining eco-
nomic feasibility through analysis of location, demand, and site were
discussed in Chapter II. It was observed that a complete survey em-
bracing all of the factors of site analysis is necessary for successful
subdivision development. Houses that are situated in a well-planned,
convenient subdivision will maintain their value longer, reducing the
chance of blight and consequent loss in the tax base of the municipality.
SUBDIVISION MANUAL 31
Permanent residents are attracted to a good location with accompany-
ing- advantages of liealtliful and pleasant living conditions.
It is important that the developer discuss with the planning commis-
sion existing zoning and master plan requiremeiits together with spe-
cific future public programs affecting the use of the proposed sub-
division lands.
A suggested clieck list outlining the steps in preliminary planning is
shown in Chart II. It will be noted that detailed information should
be obtained concerning the site. A physical survey of the proposed site
should include data on topography, water table, soil, drainage and sew-
age conditions, accessibility, neighboring property, and utilities. A close
study should also be made of the convenience of schools, shopping
centers, churches, hospitals, and the distance residents will be expected
to travel to work.
CHART II
PRELIMINARY PLANNING
Survey Check List
(Recommended by National Association of Home Builders)
Site Size (acres)
1. Location Factors :
Direction from city
Class of surrounding development
(high, medium, low)
Distance from central business district
(via street)
Distance from major employment centers
Public transportation type (good, fair, poor)
Fare to employment and center
Travel time
Automobile access (good, fair, poor)
Ti-avel time to employment and center
Type of highway approaches (good, fail", poor)
2. Presence of Community Facilities :
Existing shopping center or stores
Size and type
Distance
New center feasible (yes, no)
Size of tributary area
Schools :
Elementary Distance
High school Distance
Nursery schools Distance
Churches :
Number
Denominations
Distances
Recreation : Name Distance
Parks
Playgrounds
Other
Other facilities such as library, colleges, etc
32 SUBDIVISION MANUAL
CHART II
PRELIMINARY PLANNING-Continued
3. Environment Factors :
Tract
Surrounding area
Zoning
Private covenants
Subdivision regulations
Surrounding development : kind (good, fair, poor)
Tract abuts heavily traveled thoroughfare: (yes, no)
Prevailing wind
Industrial smoke : (yes, no)
Airports :
Distance
Relation to approaches
Airparks :
Distance
Relation to approaches
4. Site Factors :
Raw land: price per acre Total
Public water supply connections: (yes, no)
Distance and size of nearest main
Will require independent system
Individual wells
Public sewer ^connections : (yes, no)
Distance, size and invert of nearest main
Will require independent system
Septic tanks
Topography :
Hilly Level Rolling
Elevation of site :
Highest point
Lowest point
Average elevation
Estimated amount of land over 8%
Elevation with relation to existing streets:
Above grade Below grade
Heavy grading needed :
For streets for lots
Swamp areas Pockets
Type of soil
Rock outcrop or depth of soil cap
Heavy woods scrub open
Type of development indicated by check list :
Single family detached
Group
Row
Garden apartments
Small shopping center
Large lots required Estimated size
Price range indicated by survey
Current market demand
Rating of site for various uses
Are indicated uses permitted by zoning or covenants
Remarks :
A comprehensive discussion of subdivision site planning is found in
The Community Builders Handbook from which portions of the follow-
ing are adapted.^ That publication lists four maps which may be used.
1 Community Builders' Council of the Urban Land Institute, The Community BuUdera
Handbook (Washington: Urban Land Institute, 1954), pp. 47-49.
SUBDIVISION MANUAL 33
Tlie first, tliree — the property line or boundary survey, topographic, and
])ublic utilities maps — can often be included on one ma[). The site loca-
tion map is on a smaller scale and shows the locatiou and relationship
of major access streets, schools, cliurclies, and othei- features to the sub-
division site.
The Property Line or Boundary Survey Map
This is the primary map of the property and should show the follow-
ing information :
1. Bearings and distances of all boundaries.
2. Location and dimensions of connecting and adjacent streets and
tracts.
3. Any encroachments on the property as well as easements within
and contiguous to the property.
4. Names of record owners or reference to recorded subdivisions of
adjacent property.
5. All monuments found or set that determine the boundary or
boundary references.
6. Computed areas and other special data pertinent to the parcel.
(Note: The property line or boundary survey map may be prepared from record
data for preliminary purposes without including all of the suggested modifica-
tions. Such a map is generally made precise at the time the final map is pre-
pared.)
Topographic Map
The topographic map should show the physical features of the prop-
erty including the following :
1. Elevations or contours to show adequately the topography of the
property.
2. Location and elevations of all structures such as buildings, bridges,
walls, culverts, etc.
3. Location and elevations of all physical features such as roads,
watercourses, marsh or pond areas, rock outcrops, etc.
4. Location and size of trees and wooded areas.
5. Location of test pits or borings if required.
Public Utiliiies Map
The availability of water, sanitary and storm sewers, telephones,
electricity, gas, and public transportation are important factors of site
selection. This information can be compiled on a utilities map but is
more commonly combined with the topographic map. The following
data should be shown on this map :
1. All utility easements and rights-of-way.
2. Location, size, and invert elevations of all parts of the storm and
sanitary sewer systems.
3. Location and size of all underground conduits for water, gas,
steam, etc.
4. Location of public transportation, police and fire alarms, and
similar facilities.
2— L-4155
34 SUBDIVISION MANUAL
Site Location Map
The vital significauce of location has been indicated in Chapter II.
It is advisable for the siibdivider to have a site location map which
should show the following :
1. Highway and street pattern.
2. Size and extent of commercial establishments.
3. Character of neighboring area and employment potentials.
4. Location of churches, schools, recreational facilities, etc.
5. Zoning and areas of jurisdiction.
6. Other special features.
7. Aerial photographs of the general area.
Land Features
The countours and elevations of the land influence the design of the
subdivision and affect development costs. Water table, drainage re-
quirements, and sewerage problems can economically limit the feasibility
of subdivision. Soil investigations must be made for subdivisions in
which cutting and filling of land is contemplated.
Natural Features
Trees, streams, lakes, ponds, views, and all other natural amenities
should be retained whenever possible. Such features improve the quality
of the subdivision and stimulate sales. It is often less costly to build
around and plan with these natural features in the subdivision than
it is to fill the streams or ponds and cut down the trees. Care should be
taken that natural waterways will not become health or safety hazards.
The possibilities of unfavorable natural features should also be recog-
nized. Sites with high winds, excessive fog, dampness, or other undesir-
able features should be avoided.
Accessibility
Safety as well as convenience dictate that the site should be accessible
from at least two roads. Connecting streets and existing or proposed
freeways should be given consideration. The distance from and acces-
sibility to schools, churches, shopping centers, and the central business
district of the city are prime factors in the development of a well-
planned neighborhood. Distances to work over the best route by either
auto or public transportation should be given careful study.
Studies by the Urban Land Institute have shown the desirable
maximum distances or travel time from home to employment and other
facilities. According to these findings the homesite should not be more
than three-quarters of a mile to the local shopping center and one mile
to the elementarj^ school.^ Maximum distance to the high school should
not exceed 2^ miles with 3| miles to churches and recreation. Four
miles to the central business district and 40 minutes to employment are
considered maximum. These distances or travel times may of course
vary in different sections and among different price classes of houses.
1 Source : Community Builders' Council of the Urban Land Institute, The Community
Builders Handhooh (Washington: Urban Land Institute, 1954), p. 12.
SUBDIVISION MANUAL
35
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36 SUBDIVISION MANUAL
Neighboring Properiy
Undesirable surrouudings can be seriously detrimeutal to tlie success
of a new residential subdivision. If the adjacent site is a residential
development, the general character and design of this development
should be studied. The design characteristics, building techniques, and
street layout should blend with those planned for the new subdivision.
If the adjacent site is not zoned for residential use, is vacant, or sup-
ports some type of industrial or commercial development, extreme
caution should be exercised. Noxious industrial uses, 24-hour factory
operations, noises, fumes, railroad j-ards, and similar factors render a
residential subdivision on the adjoining property highlj- undesirable.
Buffers of plantings or screen walls can be constructed to separate
liomes from commercial or industrial enterprises, but they should be
taken into consideration in the laud cost and often provide only a
partial solution. Adjacent cemeteries, penal institutions, mental insti-
tutions, dairy farms, fuel storage tanks, and many other t3'pes of land
use may also render a neighboring site undesirable for residential de-
velopment. Too close proximity to existing or proposed freeways or to
airports can result in a potential noise nuisance. A careful check with
the local planning commission regarding zoning regulations and with
the Division of Highways, Civil Aeronautics Administration, the Cali-
fornia Aeronautics Commission, or any governmental loan insuring
agency can reduce the element of uncertainty regarding location of
proposed industries, factories, freeways, or airport facilities.
Drainage
Drainage has stood high on the list of problems confronting Cali-
fornia tract residents in recent years. Consequently local jurisdictions
have hastened to adopt master plans for drainage and more rigid
requirements for the grading of subdivisions and for the installation
of drainage facilities and other appurtenances which will tend to pro-
tect purchasers from the hazards of uncontrolled runoff of storm
waters, erosion, deposition of silt and debris, and flooding.
Counties and cities that have not already done so should empower
or designate a department or competent engineer to be responsible for
comprehensive planning of drainage and storm water control within
their respective jurisdictions.
It should be the responsibilit}^ of the local agency to develop a master
drainage plan showing proposed works for the control of storm water
runoff. This master drainage plan should show the general alignment,
cross section, and profile of all major storm drain sj'stems. Component
parts of this master drainage plan may be developed in units as the
needs of the area require.
The required capacities of the channels in the master drainage plan
should be determined by a competent engineer by the use of some ac-
cepted engineering method, such as the Rational Method of calculating
runoff from rainfall data. The storm frequencj- for which the improve-
ments are to be designed should be consi.stent with current engineering
practice and economic feasibility, based on land and property values
in the area concerned. In highly developed sections of California, im-
provements for major channels, or natural watercourses, are commonly
designed to discharge runoff from rainstorms having frequency of once
SUBDIVISION MANUAL 37
in 50 years, while storm drains are designed for frequencies varyinj^-
from 25 to 10 .years.
The local agency shonid collect and k(!ep records of rainfall and
runoff in the local area for use as a basis for establishing the required
capacities of channels and storm drains, and of overflow or inundated
areas resulting from major storms for supporting data.
Rights-of-way Requirements. The local agency should establish
the alignment and width of rights-of-way required for the ultimate
improvment of all streams and channels shown in the master drainage
plan and for all storm drains or drainage improvements to be provided.
Accept Drainage Improvements for Operation and Maintenance.
When it has been determined that the drainage improvements meet
requirements, the local agency may recommend that the governing
body accept the rights-of-way and the improvements for operation and
maintenance by an authorized local public agency or may otherwise
indicate how permanent maintenance and operation may be accom-
plished.
Flood Hazard and Drainage Reports. The local agency should is-
sue a flood hazard and drainage report on each subdivision proposed
within its jurisdiction. The report should be the considered opinion of
a competent engineer and shonid be issued only on the basis of thorough
engineering studies based on the best data available for the area under
consideration, or on records of known overflow or inundation.
When a flood hazard is found to exist, the flood hazard report should
describe the degree and the frequency of flood hazard involved pending
the construction of adequate corrective measures. Terms which have
become standardized in sections of this State are the following:
Degree of Flood Tlazanl
Inundation — Ponded water, or water in motion, of sufficient depth to damage
property due to the mere presence of water or the deposition of silt.
Flood Ilazard — Flowing water having sufficient velocity to transport or deposit
debris, to scour the surface soil, or to dislodge or damage buildings. It also in-
dicates erosion of the banks of watercourses.
Possible Flood Ilazard — Possible flood hazard of uncertain degree.
Sheet Overftoiv — Overflow of water in minor depths, either quiescent or flowing,
at velocities less than those necessary to produce serious scour. It is considered
that this type of overflow is a nuisance rather than a menace to the property
affected.
Ponding of Local Storm Water — Standing water in local depressions. As dis-
tinguished from sheet overflow, this water originates on or in the vicinity of the
property and due to the condition of the ground surface is unable to reach a
street or drainage course.
Frequency of Flood Hasard
Frequent — A condition which may occur, on the average over a long period of
time, more often than once in 10 years.
Infrequent — A condition which may occur only once in 10 years or more.
Remote — An occurrence which is dependent upon conditions which do not lend
themselves to frequency analysis, such as break of levee, obstruction of a
channel, etc.
Geological Report. In subdivisions located in mountainous areas
or those adjacent to receding shorelines it may be desirable to secure
a report from a competent geologist in order that the subdivider and
the advisory planning agency may be apprised of any potential slip-
page or other similar problems.
38 SUBDIVISION MANUAL
Sewage Disposal
If it is planned to connect sewers in the proposed subdivision to an
existing system, investigation must be made to determine the capacity,
their location, and the type of disposal in use. County and city engi-
neers should be consulted on this matter. Topography again enters into
the picture because of the possibility of invert elevation to the connec-
tions requiring pumping facilities.
While there is no existing sewer system to connect with the subdivi-
sion sewers, other plans must be considered. Installation of septic
tank systems for sewage disposal may be approved by the local health
department if the tract is located in a county where there is a health
officer or by the State Department of Public Health if the tract is lo-
cated in a county where there is no health officer. Dumping of raw
sewage into streams almost invariably creates a health hazard and is
prohibited by law. Treated effluent must meet standards of the Regional
Water Pollution Control Board (a state agency) which has jurisdiction
over this type of disposal. Experienced subdividers have found that a
public sewage disposal system is often less expensive than the con-
struction and maintenance of septic tanks and disposal fields. In the
event that septic tanks must be installed, careful soil analysis and per-
colation tests must be made by the subdivision engineer and approval
obtained from the health agency having jurisdiction before attempting
construction.
Water Supply
Subdivisions which are planned for residential purposes should have
an adequate water supply. The subdivider should check first with the
local water comiDanj^ to ascertain the feasibilitj^ of connecting to an
existing public water supply. Normally the utility company determines
the required size of connections to suppl}^ an area and to provide for
future extensions.
If there is no local water company, the subdivider must investigate
and determine an alternate method of supplying water. The creation of
special water districts for the express purpose of furnishing water to
a subdivision is a possible method and one which has often been used
successfully.
When the developer is required to install main extensions and other
related appurtenances, local jurisdictions should have in mind a plan
for providing for refunds to the subdivider when individual lots or
houses are sold and service is begun.
The quantity of water needed for a given site, the population served,
and average daily use for all purposes should be estimated. The quan-
tity of water must meet the needs of the population without lowering
the pressure at fire hj^drants.
Quality of the water should meet the standard of the local health
department or the California State Department of Public Health.
Other Utilities— Telephone and Power
A]-rangenients for telephone, gas, and electricity service to the site
should be made early in the planning stage. The cost of extending these
services is usually borne by the utility company although additional
costs for locating lines in the rear of lots or underground may be
SUBDIVISION MANUAL 39
charged to the siibdivider. Investigation should be made by the sub-
divider to learn about connection procedures, rates, and fees of the
companies supplying the utilities. Location and capacity of all distri-
bution lines in the vicinity should be shown on the utility map.
The necessity or desirability of a street lighting system should be
checked with the city or county engineer and with utility companies
for approval of quality and standards. It is recommended that utility
pole lines be installed along rear lot lines wherever possible.
In some instances it is desirable that all utility lines and wires be
placed in an underground conduit system so that no poles or structures
appear above ground, particularly if the views from the property are
an important element of the site. However, due to the heavy cost of
such work, this underground installation is possible only if the lots
have a high valuation.
Preapplicafion Conferences
Many local jurisdictions provide for preapplicafion conferences with
the planning commission technical staff before a tentative map is pre-
pared. Covered in this conference are the pertinent matters covered
in the preceding section on preliminary planning. Conflicting require-
ments can often be resolved by conferences between local authorities,
other agencies, and the sponsor, resulting in agreements which provide
a firm basis for the preparation of the tentative and final plat. This
preapplicafion stage cannot be emphasized too strongly as a co-ordi-
nated beginning will save many weeks in securing subdivision approval
and may avoid costly changes in final engineered plans.
TENTATIVE MAP PREPARATION
Preparation of the tentative map usually requires showing the design
of the proposed subdivision and the existing topographic conditions.
Design includes street alignment, proposed grades and widths, align-
ment and widths of easements and rights-of-way for drainage and sani-
tary sewers, and minimum lot area and width. Although it is not re-
quired in all jurisdictions that tentative maps be based upon an accurate
or final survey at this stage of the process, the subdivider is generally
advised to engage a registered civil engineer, licensed land surveyor,
or professional planner and is required to do so in some jurisdictions.
The survey upon which the final maps are based must be made by
either a registered civil engineer or licensed surveyor according to
Chapter 2, Article 5 of the Business and Professions Code.
The local subdivision ordinance should require that the tentative map
contain the following :
1. A legal description sufficient to define the boundaries of the pro-
posed tract.
2. The locations, names, and existing widths of all adjoining high-
ways, streets, and w^ays.
3. The width and proposed grades of all highways, streets, and ways
within the proposed subdivision.
40 SUBDIVISION MANUAL
4. The width and approximate location of all existing and proposed
easements for roads, drainage, sewers, and other public utility
purposes.
5. The tentative lot layout and dimensions of each lot.
6. The approximate locations of all areas subject to inundations or
storm water overflow and the locations, widths, and direction of
flow of all watercourses.
7. The source of water supply.
8. The proposed method of sewage disposal.
9. The proposed use of the property.
10. The proposed public areas, if any.
11. The approximate contours Avhere topography controls street
layout.
12. The approximate location of each area covered by trees.
Tentative Map Filing
Processing' Map. After tentative maps of the proposed subdivision
have been prepared and the subdivider has met all prefiling require-
ments of the local planning commission, he is ready to file the number
of copies specified by local ordinance with the planning agency, or the
clerk of the city council or of the board of supervisors, as the case may
be. Most large jurisdictions within the State of California have astab-
lished planning agencies whose duty it is to make investigations and
reports on the design and improvements of the proposed tract. The
agency transmits a copy of the map to other departments and agencies
having an interest in land subdivision, such as the road department,
health department, flood control district, parks and recreation depart-
ment, or the local school authority. A eop}" is sent to the Real Estate
Commissioner of the State of California and the city or county sur-
vej^or, depending upon the jurisdiction in which the tract is located.
A city or county adjacent to the area in which the proposed tract is
located may desire to make recommendations regarding its approval
although the subdivision is outside its jurisdiction. In such cases, a
copy of the tentative map is forwarded. If the tract is bounded or
traversed by a state highway, the District Engineer of the Division of
Highways of the State Department of Public AYorks is also sent a copy
of the map.
Recommendations. The officials notified, study the map with re-
gard to special departmental concerns and report their findings to the
planning agency. The reports may recommend approval, conditional
approval only if certain conditions are met, or disapproval.
An opportunity may be provided for the subdivider to meet with
representatives of all interested departments as a group or individually
to discuss his proposed tract and the conditions recommended for ap-
proval.
It is desirable that the planning commission assume responsibility
for co-ordinating the recommendations, suggestions, and requirements
for tliese various agencies and officials and for resolving any conflicts
therein with the subdivider.
In the event tliat major alterations are requested, it may be wise for
the subdivider and the planning agency to agree upon an extension of
the time limit for the official decision on the tentative map.
SUBDIVISION MANUAL 41
Decision on Map. It is customary for the governing body to au-
thorize an advisory agency (usually the planning commission) to report
its action on a map direct to the subdivider. If this is not done, the
advisory agency must make its report to the governing body which
must act upon it Avithin 10 days or at its next regular meeting. (See
Section 11552 of the lousiness and Professions Code.)
If there is an advisory agency, it shall report on the map or maps of
any subdivision submitted to it within 30 days after the tentative map
has been filed and the report shall approve, conditionally approve or
disapprove the map or maps of the subdivision.
If no planning agency exists, the governing body must decide upon
the map within 40 days after the initial filing of the map. The recom-
mendation in each case will be either approval, conditional approval,
or disapproval. Conditional approval means that the subdivider must
meet the conditions recommended by the various departments.
Appeal. If the subdivider is dissatisfied with the decision reached
by the planning commission, he may appeal to the city council or the
board of supervisors (as the circumstance may be) within 15 days after
the decision for a public hearing on the case. At this time testimony
can be heard from the subdivider, the planning agency, and any other
competent person. The governing body may sustain, modify, or reject
the decision and recommendations of the planning agency. In the case
of dissatisfaction with the decision of the governing body, the subdi-
vider may, within 90 days, apjjeal to the superior court on the reason-
ableness of the findings. (See Section 11552 of the Business and Pro-
fessions Code.)
FINAL MAP PREPARATION
In the event of approval by the agency or governing body, the sub-
divider is allowed a period of one year for the preparation and recorda-
tion of a final map which may be prepared in units or as a whole. This
time limit is set in order to avoid conflicts with constantly changing
conditions such as amendments to highway plans and changes in zoning.
In cases where difficult problems arise in meeting the conditions of
approval, the subdivider may be granted an extension of time that is
not to exceed one year. If the tract is not recorded within this time,
it must be resubmitted as a tentative map.
Following approval or conditional approval of the tentative map,
the subdivider is ready to begin preparation of the final map. This is
an accurate and detailed map prepared by a registered civil engineer
or licensed surveyor and based upon his accurate survey of the land.
The maj) should conform to all specifications of the Subdivision Map
Act, the local ordinances on subdivisions, and the conditions imposed
with the approval. All streets within the tract must be named and all
lots designated in detail. In addition the local ordinance usually re-
quires the preparation of detailed road, sanitary sewer, other utility,
and drainage plans.
Certificates
The Subdivision Map Act requires that several certificates appear on
the final map. One certificate is the owners' certificate consenting to
the preparation and recordation of the final map.
42 SUBDIVISION MANUAIj
This certificate also offers certain parcels of land for dedication for
specified public uses. This is signed and acknowledged by all parties
having any record title interest in the land subdivided, except as to
those excluded by Section 11587 of the Business and Professions Code.
In addition there must be a certificate for execution by the clerk of
each governing body that considers the case, stating that the body
approved the map and accepted or rejected any parcels offered for
dedication. A certificate by the engineer or surveyor who made the
survey and prepared the final map is also required. In addition the
surveyor or engineer of the jurisdiction will certify that he has exam-
ined the map for compliance with all conditions and provisions of the
local subdivision ordinance.
In cases in which the subdivider has agreed with the public agency
for the purchase and/or dedication of future public areas, such agree-
ment may be set forth in letter form and accompany the map in lieu
of including any such area in the dedication certificate and designation
on the map.
Taxes and Assessments
Before filing the final map, a subdivider must file with the clerk of
the governing body in which the subdivision is located a certificate
showing that no liens against the tract exist for unpaid state, county,
municipal, or local taxes or special assessments collected as taxes. Taxes
or special assessments which are a lien that are not yet paj^able are
excepted although a certificate giving an estimate of the amount of
these taxes or special assessments must be filed with the clerk. A bond
or cash deposit must also be filed or made to secure payment of such
taxes and special assessments.
Improvements
Prior to the approval of the final map the subdivider will be required
to improve or agree to improve portions of land to be used for public
or private streets, highways, ways, and easements necessary for the use
of lot owners in the subdivision and for local traffic and drainage needs.
The governing body may require, in the case of agreement to improve,
that the agreement be secured by a bond or cash deposit. A contract
may be executed between the gOA'erning body and the subdivider to
initiate proceedings to create a special assessment district for the financ-
ing and construction of the improvements required. Such a contract
may be secured by a faithful performance bond or cash deposit, if re-
quired by the governing body.
Final Map Filing
After all conditions and requirements have been met and all certifi-
cates that appear on the final map have been signed, it may be filed
for approval. The filing must be accomplished before expiration of the
one-year time limit for recordation set at the time of approval of the
tentative map unless a time extension was granted. The filing is made
with the appropriate jurisdiction in which the subdivision is located.
SUBDIVISION MANUAL
43
The governing body must approve the map within 10 days or at its
next regular meeting, or the map is deemed approved. (Section 11611
of the Business and Professions Code). However, a time extension for
approval may be agreed upon by the subdivider and the governing
body in order to allow for some final corrections of the map.
Final Map Recordation
After the final map is approved, it is accepted for recordation. A
copy is transmitted to the clerk and recorder of the jurisdiction. At the
time of recordation, the subdivider must furnish certificate of title
guaranteeing that all parties consenting to recordation are actually all
parties having any record title interest in the land to be subdivided.
CHAPTER IV
FUNCTIONS OF LAND SUBDIVISION
Responsibility for subdivision development and approval is divided
among several agencies and individuals. The principal agents and their
functions in land subdivision are described in this section with the
hope that an understanding of their relative responsibilities will pro-
mote co-operation in laud subdivision procedures.
TITLE COMPANY
Services provided by California land title companies can greatly aid
the development of the subdivision. After the land for subdividing has
been acquired, the title company will issue to the subdivider a pre-
liminary subdivision report and guarantee showing the names of the
persons required to sign the subdivision map as required by the Sub-
division Map Act. It may also be desirable to obtain a complete prelimi-
nary title report at this time. If all title requirements are met on the
final map, the title company will issue its guarantee covering the per-
sons necessary to sign the final map. The report required for the Real
Estate Commissioner reflecting the condition of title of the subdivision
is issued after the recording of the subdivision map.
In addition to the standard title policy coverages, many lenders
require affirmative insurance on encroachments, priority over possible
mechanics ' liens, and certain possessor}'- and survey matters. Most Cali-
fornia land title companies make these coverages available, but arrange-
ments should be made before work on the subdivision is started.
Protective Covenants
Mortgage lenders, government insuring agencies, and developers seek
protection against future depreciation of values resulting from de-
terioration of the neighborhood or from changes in laud use through the
use of private deed restrictions. In addition to safeguarding the in-
terests of the mortgage lender, such covenants protect the investment of
the homeowner. Before execution and recording of such restrictions, the
subdivider should have them reviewed by the mortgage lender and by
other agenices concerned.
Private deed restrictions refer to validly imposed restrictions covering
a designated area, usually providing for type, size, and placement
of buildings and other structures; architectural approval; location
of easements and rights of way necessary for the planned develop-
ment; location of public areas, if any; minimum building site sizes;
prohibition of occupancy and uses which might adversely affect the
development; and the means for their enforcement. Restrictions may
be set forth: (1) as covenants in the deeds conveying lots in the sub-
division, (2) in a recorded declaration, the provisions of which are
incorporated in each conveyance by an appropriate reference, or (3)
(44)
SUBDIVISION MANUAL 45
as conditions to an estate or contract. The only reniedj'- for a breach
of covenant is an action of damages or an injunction, while tlie remedy
for violation of a condition is usually reversion of title. Although deed
restrictions are accepted as the best means for overall control of the
future of a subdivision, they can cause serious problems if not handled
properly, and tlie subdivider would be wise to utilize the services of an
experienced attorney in the process of developing and executing
restrictions.
A reversion of title on breach of the conditions would defeat the
lien of a mortgage or deed of trust on the land. Consequently man}^
institutional lenders refuse to make loans on lots in a tract carrying-
reversion of title provisions. If it is decided to use such conditions,
provisions should be made that a reversion of title upon breach will
not defeat or render invalid the lien of any mortgage or deed of trust
made in good faith and prior to breach. Even wdth such a qualification
some insurance companies are precluded from lending on such lands.
Experience has shown that enforcement of a mutual protective
covenant is strengthened by the formation of an association for such
purpose. It is usually recommended that the protective covenants pro-
vide for such an association or create a committee and a method of
selection of the committee for effective enforcement. Procedures for
the establishment and operation of homes associations are outlined in
The Community Builders Handbook, published by the Urban Land
Institute.
It is impossible to foresee future events which will affect the best
use of land. Population shifts and industrial or commercial expansion
may make it advantageous to change uses of part or all of a sub-
division. Provision for modification of the deed restrictions should be
made in order to eliminate needlessly complex legal proceedings in the
future. A description of typical residential covenants recommended
for use by the Federal Housing Administration is reproduced in Ap-
pendix D.
PRIVATE PROFESSIONAL SERVICES
While the subdivider or land developer bears the heaviest respon-
sibility in the organizing, financing, and development of the sub-
division, the private engineer, laud survej^or, the professional site or
land planner, and architect provide valuable assistance to him in deter-
mination of land use, physical design, and cost analysis. For a larger
tract it may be desirable for the sponsor also to retain the services
of a professional site or land planner.
Professional Land Planner
Among the functions of the site or land planner are the determina-
tion of the appropriateness of the location within the larger community,
the integration of the particular development and its facilities with those
of the larger community, and the making of recommendations for various
development standards such as density, community service, functional
design, and others which would lead to the visual quality and general
livabilit}' achieved by the final development. The site or land planner
may be called upon to prepare the preliminary design of the subdivision
for submission to the planning commission and other agencies concerned.
46 SUBDIVISION MANUAIi
Private Engineer
Survey maps used in preliminary planning should be prepared by
the private engineer. The property lines, topographic, public utilities,
and site location maps, ^Yhich were described in Chapter III, are
necessary in the preliminary planning of a subdivision and later in
the preparation of the tentative and final maps.
Other preliminary functions to be performed by the private engineer
include soil analysis, water table determination, and storm drainage
studies. These factors are important in land subdivision and should be
calculated by an experienced registered engineer.
The subdivision engineer may be called upon by the sponsor to
prepare the preliminary design of the subdivision. The professional
consultant preparing the preliminarj^ map must be familiar with the
local master plan, zoning ordinances, subdivision ordinances, and the
requirements of the planning commission and other agencies involved.
Following approval of the preliminary design, the private engineer
prepares the tentative map in accordance with the limitations imposed
by state laws, local ordinances, and the local regulatory bodies.
Section 11566 of the Business and Professions Code requires that
the final map must be prepared by a registered civil engineer or licensed
survej'or. Details required on the final map include a complete bound-
ary survey, location of monuments, and final improvement plans as
required by local ordinance. The actual engineering requirements for
all maps vary somewhat from locality to locality, and the engineer
may determine the map requirements from local subdivision ordinances.
PLANNING COMMISSION
The Conservation and Planning Law of the California Government
Code provides that the legislative body of each city may, and of each
county shall, by ordinance create a planning commission. A primary
responsibility of the county and city planning commissions thus cre-
ated is the preparation and adoption of a comprehensive, long-term
general plan for the physical development of their jurisdictions. The
essential correlated elements of this general or master plan are: (1) the
designation of the proposed general distribution, location, and extent
of land uses, (2) the circulation pattern which consists of the general
location and extent of existing and proposed major thoroughfares,
transportation routes, terminals, and other local public utilities and
facilities, and (3) a statement of the standards of population densitj^
and building intensity recommended for the various districts and other
territorial units, and estimates of future population growth, in the
territory covered by the plan. A number of other elements may also
be included in the master plan as set forth in Sections 65463 through
65474 of the Government Code (the Conservation and Planning liaw).
The county and city planning commissions are further charged with
the responsibility for investigating and making recommendations to
the legislative body upon reasonable and practical means for eft'ectu-
ating the master or general plan in order that it will serve as a pattern
and guide for the orderly physical growth and development of the
jurisdiction. Subdivision regulation is one of the major legislative and
SUBDIVISION MANUAL 47
administrative tools for implementing the land development aspects
of the master plan.
In compliance with Section 11525 of the Business and Professions
Code every county and city mnst adopt an ordinance regulating' and
controlling the design and improvement of subdivisions. The i)lanning
commission and the city or county engineer are the public officials most
involved in subdivision matters. They are usually given responsibility
for recommending the content of the local ordinance regulating subdi-
visions. The context of the local ordinance must be within the scope and
limitations of the Subdivision Map Act.
A subdivision ordinance should contain the following :
1. Statement of policy.
2. Map approval and other procedures to be followed.
3. Engineering data required for approval, including topography,
boundaries, streets, etc.
4. Standards for right-of-way widths, block lengths, lot size and
dimension, street grades, installation of utilities, paved streets,
curbs, sewerage facilities, water supply systems, street lights, etc.
5. A procedure for assuring proper completion of improvements.
Under terms of the Conservation and Planning Law (Section 65471
of the Government Code) the master or general plan may include a
community design element, consisting of standards and principles gov-
erning the subdivision of land within the scope of the Subdivision Map
Act and showing recommended designs for community and neighbor-
hood development and redevelopment, including sites for schools, parks,
playgrounds, and other uses.
Section 11525 of the Business and Professions Code provides that
control of the design and improvement of subdivisions is vested in the
governing bodies of cities and counties, but, in all matters concerning
such design and improvement, any decision by a governing body is
subject to review as to its reasonableness by the superior court in and
for the county in which the land is situated. Any subdivider or person
claiming to be aggrieved by the decision of the governing body may
within 90 days after the rendering of the decision bring a special pro-
ceeding in the superior court to determine the reasonableness of the
decision.
According to Section 11526 of the Business and Professions Code
the design, improvement, and survey data of subdivisions, the form
and content of tentative and final maps, and the procedure to be fol-
lowed in securing official approval are governed by the provisions of
the Map Act and of local ordinances dealing with subdivisions, the
enactment of which is required by the same act.
The Subdivision Map Act (Section 11551 of the Business and Pro-
fessions Code) states, "In case there is no local ordinance, the govern-
ing body may, as a condition precedent to the approval of the map or
maps of a subdivision, require streets and drainage ways properly
located and of adequate width, but may make no other requirements."
In furtherance of Section 11551.5 of the Subdivision Map Act, which
provides for the disapproval of tentative maps of proposed subdivisions
because of flood hazard and inundation, the city and county governing
48 SUBDIVISION MANUAL
bodies should consider the adoption of sections in their subdivision
ordinances which would provide :
1. That in the proposed subdivision of areas which may be subject
to a serious degrree of flood hazard or inundation, disapproval
may be averted by provision of adequate corrective measures, or
by deletion from the proposed subdivision map of the areas sub-
ject to serious flood hazard or inundation. In areas subject to
moderate flood hazard or inundation, disapproval may be averted
by either of the provisions mentioned above, or by placing a note
in a prominent place on the final map, if approved by the govern-
ing body, indicating the areas subject to such flood hazard or
inundation.
2. For notification of the State Eeal Estate Commissioner of any
flood hazard remaining uncorrected.
3. For the correct showing and labeling of natural watercourses on
the final map unless they are replaced by improved flood channels
and storm drains.
4. For disapproval of tracts that do not have a permanent drainage
outlet which will prevent storm water from backing into the tract
and will be adequate to prevent damage to surrounding built-up
areas.
In addition, consideration should be given by the local governing
bodies to the adoption of sections in their subdivision ordinances re-
quiring :
1. Notification of the State Real Estate Commissioner of any high
ground-water conditions within the proposed subdivision.
2. Dedication to the appropriate public agency of all rights-of-way
required for the construction, operation, and maintenance of all
channels and storm drains required for the subdivision.
3. Erection of adequate fencing along rights-of-way of all open chan-
nels for protecting the public and for controlling access.
County and city governing bodies may also consider the adoption of
ordinances preventing human habitation in areas subject to severe
flood hazard and inundation, which present serious hazard to life, and
ordinances controlling the use of natural watercourses and drainage
rights-of-way as a protection against their obstruction and obliteration.
Normally, the planning commission plays the largest role in the
overall supervision of the administration of the local subdivision or-
dinance. The planning commission should make available to the pros-
pective subdivider or his consultants copies of the master plan, the
subdivision ordinance, and any other information that may be helpful
to him in preparing the tentative map. The planning commission re-
ceives from the subdivider the tentative map, and it is usual procedure
to check this map against the master plan, subdivision ordinance, and
other requirements oi'iginally requested of the subdivider. Section
31552 of the Subdivision Map Act states that if there is an advisory
agency to the governing body (which would normally be the planning
commission), it must report on the map or maps of any subdivision
submitted to it within 30 days after the map has been filed. Its report
must approve, conditionally approve, or disapprove the map or maps.
SUBDIVISION MANUAL 49
It has been found convenient and timesaving for the subdivider if,
within the 30-day period, the planning commission co-ordinates ap-
provals required from the city and county engineer, surveyor, health
officer, sanitatioii officer, public utilities officials, drainage and flood
control officer, fire protection official, school district, Division of High-
wa.ys, and adjoining jurisdictions.
If the planning commission does not act within specified time limits
on approval or disapproval of the tentative map, the map is considered
approved.
The subdivider must prepare and submit his final map, based on the
tentative map, within one year from the date the tentative map was
approved. (Section 11554 of the Business and Professions Code.)
The planning commission will accept the final map if all conditions
required by the Subdivision Map Act, the local ordinance, and require-
ments made at the time the tentative map was approved are met in
the final map. (Section 11611 of the Business and Professions Code.)
COUNTY OR CITY ENGINEER
The function of the county or city engineer in the subdivision proc-
ess will varj' with the size of the jurisdiction, the existence of a plan-
ning department, and the amount of subdivision activity in the commu-
nity. In small jurisdictions the engineer may act in several capacities
by handling the various functions. Under such conditions he partici-
pates in determining the requirements for orderly development of the
community, the development of the subdivision, and the maintenance
of facilities after development has taken place. As an example, Contra
Costa County places the responsibility for the co-ordination function
between the county engineering department and the planning commis-
sion in one engineer. This engineer is usually an ex officio member of the
planning commission and is responsible for controlling communications
between the two county departments. This procedure minimizes the
confusion which can arise if several public officials contact the planning
commission individuall5^
The basic functions of the city engineer and the county engineer are
similar in subdivision processing although variations in procedures may
be adopted by individual governing jurisdictions. Regardless of such
differences, the public engineer usually assumes a major role in the
preparation of a local subdivision ordinance which sets forth local
requirements and procedures. After the ordinance is adopted, a manual
of standards, instructions, and technical requirements should usually
be prepared by the engineer. Subdivision design standards are discussed
in Chapter V.
Preliminary Discussion
The subdivision map approval process normally involves the public
engineer at four stages. Usually the preliminary discussion with the
subdivider and/or his private consultants takes place first. The public
engineer should advise the developer on the requirements of the
locality, the existing facilities, and any other information that will help
in the preparation of a tentative map. The public engineer should
provide the subdivider with a copy of the local subdivision ordinance
and the manual of standards. The developer is usually furnished at this
50 SUBDIVISIOX MANUAL
time with any additional requirements concerning matters not covered
in tlie subdivision ordinance or the standard specifications. If the plan-
ning commission has not already done so, the engineer should also
acquaint the subdivider with the local master plan during this pre-
liminary'- discussion.
Tentative Map Stage
Tlie county or city engineer should make a written report on each
item included in a tentative map filed with his jurisdiction. This report
should show approval, conditional approval or disapproval, and the
engineer's recommendations pertaining to the particular item. Copies
of the report should be submitted to each member of the planning com-
mission, to the developer, and to other interested parties.
A suggested tentative map review and approval check list is outlined
below :
A. Traffic safety.
1. The relationship between the subdivision and the surrounding
area.
2. Internal street system.
3. Design standards for horizontal and vertical alignments.
4. Intersection design standards.
5. Cross section design standards.
B. Utilities.
1. Sanitary sewers.
2. Storm drainage.
3. Water.
C. Use of property.
Size and layout of lots and blocks in relation to topography.
D. Public facilities.
School development, park development, fire stations.
E. Miscellaneous.
Any other features of the subdivision such as street landscaping,
sidewalks, and lot numbers should be discussed with the subdi-
vider and his engineer at the time of the review of the tentative
map.
Final Map Stage
All technical and engineering features of the final map should also
be checked by the county or city engineer. Tlie requirements for the
final map, as set forth in Sections 11565-7 of the Business and Profes-
sions Code (the Subdivision ]\Iap Act), include the necessary legal
documents, lot and block numbers, street names, complete mathematical
and survey information concerning the subdivision, and any additional
survey, improvement plans, and map requirements of the local ordi-
nance.
Before the final map is approved, the county or city usually enters
into an agreement with the subdivider that all conditions and specifica-
tions will be met prior to acceptance of improvements and dedication of
the streets. The county or city engineer should certify completion of the
work before acceptance by his local jurisdiction.
SUBDIVISION MANUAL 51
Construction Stage
Continuing inspection of the subdivision improvement program by
the public engineer is necessary to insure compliance with legal speci-
fications and requirements. After the improvements have been com-
pleted according to the plans and specifications, the county or city
engineer certifies that the work has been accomplished satisfactorily.
At this time, the local jurisdiction usually assumes maintenance of
roads and streets which have been dedicated and accepted.
DIViSION OF REAL ESTATE
The Real Estate Commissioner is charged with responsibility for
prevention of fraud, deceit, and misrepresentation in the sale or lease
of subdivided lands and is authorized to establish rules and regulations
to effect this purpose under the subdivision control sections of the
California Real Estate Law (Division 4, Part 2 of the Business and
Professions Code).
The law requires that a Notice of Intention to Subdivide be filed by
the owner, subdivider, or his agent with the Division of Real Estate
prior to offering lands which have been divided into five or more parcels
for tlie purpose of either sale or lease, present or future (contrasted
with the Subdivision Map Act there is no one-year limitation). After
receiving the Notice of Intention to Subdivide, the commissioner may
require such additional information as he deems necessary and may
require that a questionnaire be answered. The questionnaire provides
the commissioner with information necessary to complete the investiga-
tion and issue a public report of his findings which must be published
by the commissioner before a subdivider may legally offer lots in the
subdivision for sale or lease (unless a waiver has been obtained).
The purpose of the public report is to disclose to the purchaser of a
lot the information the commissioner has secured through his investi-
gation of the tract. If the buyer makes the purchase knowing the mate-
rial facts, there will normally be no fraud involved and no basis for
complaint. For this reason the subdivider is charged with handing the
prospective buyer a true copy of the report and allowing him an oppor-
tunity to read it before he commits himself to the purchase. The prin-
cipal objective of the investigation is to determine whether or not the
lots in the subdivision will be suitable for the purposes for which they
will be sold. If the subdivision is for residential purposes, the pur-
chaser will be entitled to expect certain minimum facilities or to be
informed that they are not available. The availability of water, sewage
disposal, and adequate ingress and egress from his property are ex-
amples of such facilities of vital concern to the residential purchaser.
The absence of information concerning these factors for a proposed
subdivision may result in a hearing by the Commissioner to determine
whether or not the sale or lease would result in defrauding the buyer
or lessee.
If it appears that the sale of subdivided land may result in fraud,
deceit, or misrepresentation, the Commissioner may call a hearing and,
if evidence warrants it, order sales stopped or bring a suit in court to
enjoin the subdivider from making further sales.
52 SUBDIVISION MANUAL
III general, therefore, it can be said that the Division of Real Estate
exercises close supervision over subdivisions to make certain that pur-
chasers of subdivided lauds have full iuformation concerning their
purchase. The Division of Real Estate exercises no direct control over
the design or improvements in subdivisions other than to prevent fraud,
misrepresentation, and deceit in the sale of subdivided property to the
public.
Another similar and important function of the Real Estate Commis-
sioner is to enforce the laws regarding the handling of deposit and
purchase moneys. In general, these lavs require that deposits on sub-
divided lots be impounded or be protected by a bond or other measures
until title or other interest contracted for is conveyed.
Compliance with the subdiAdsion regulations of the Division of Real
Estate involves the following steps:
(1) Before subdivided lands can be offered for sale or lease, the
owner or subdivider must notify the commissioner in writing of
his intention to sell or lease the property. This is usually done by
filing a combined Notice of Intention and Questionnaire on forms
supplied by the Real Estate Commissioner.
Included in the combined Notice of Intention and Question-
naire must be the names and addresses of the owner and the
subdivider; a legal description and area of the land; a true
statement of the title of the land, including any encumbrances;
a true statement of the terms and conditions under which it is
intended to dispose of the land and copies of any contracts in-
tended to be used; a true statement of the provisions, if any,
that have been made for public utilities in the proposed subdivi-
sion, including water, electricity, gas, and telephone facilities;
and any other information which the commissioner finds to be
necessary within the scope of the law he administers or which
the owner or subdivider feels should be presented.
(2) The payment of a filing fee of $50 to accompany the answered
questionnaire.
(3) The submission, with the questionnaire, of the following docu-
ments :
Title Report
A title report showing record owners and all liens and encumbrances is
required. The report must be issued after the map is recorded. It may be a
preliminai-j- report, a certificate of title, or a policy of title insurance. Fur-
nishing a preliminary title report covering the laud, issued before the map
is recorded, is also helpful, as often it reveals items which can be corrected
during the processing of the map. A "Subdivision Guarantee" which merely
lists the persons of interest who must sign the map is of little value to the
commissioner, as it does not list the nature of all encumbrances. A prelim-
inary title report issued before the map is filed is ueeded where the com-
missioner issues a preliminary report enabling the subdivider to take
reservations.
Sale Documents
A copy of all documents used in effecting a sale, including preliminary
and final contracts, deeds and trust deeds to be used ; or the lease or option,
or conditional contracts of sale, if used. Once the subdivider has filed these
documents, he must use them in the sale, unless he notifies the commis-
sioner of a change and furnishes copies of the new forms.
SUBDIVISION MANUAI; 53
Covenants ond Conditions
A copy of conditions, reservations and covenants, and any restrictions
that affect building, use, or occupancy. The commissioner ordinarily is
not concerned with the nature of these conditions, reservations, etc., pro-
vided the purchaser is put on notice concerning- them. He recommends that
the subdivider furnish each purchaser with a complete copy thereof.
Recorded Map
A complete copy of the subdivision recorded map or of the record of
survey map which is filed. The subdivision recorded map must include the
title sheet, as the information it contains is necessary to determine whether
the streets are dedicated and accepted or whether there are any reserva-
tions to the recording of the map.
Watei- Supply
All subdivisions to be sold for residential use should have definite pro-
visions for furnishing domestic water. Water supply and installations must
meet with health standards. A letter from the water company or authority
which is to provide service must be secured, stating that ample water and
service are available, and that the same will be furnished to each indi-
vidual lot on demand without exceptions ; or if there are any exceptions
or reservations to the commitment, the water company or authority should
state them.
If water is to be obtained from individual wells, the commissioner will
require a letter from a licensed well driller regarding the depth at which
sufficient water may be obtained and the approximate cost of drilling a
well plus installation of necessary equipment, as a condition to issuance
of the Public Report regarding water supply.
Whenever a subdivision is to be served by a mutual water company, the
following standard statement is incorporated in the Public Report, under
the heading "Water."
NOTE : This is a "mutual" water company. A mutual water company
is not subject to supervision or regulation as is a public utility water
company. No public agency has any supervision or control over the man-
agement, rates, assessments, charges or conduct of business by a mutual
water company.
Usually you must be a stockholder in the mutual water company in
order to be entitled to get water. A stockholder is not a ciistomer, but
rather one of the owners of the company. A stockholder must share in
the problems, costs, and possible losses resulting from operations.
In some instances a developer or some other person may own the
majority of the stock and thus control the mutual water company. If this
is so, other stockholders may find it difficult or impossible to get im-
provement if the service is unsatisfactory.
The commissioner also usually requires evidence that the water supplier
has the necessary health permit or clearance from the State Board of
Public Health or the local health ofiicer, whichever has jurisdiction.
Health Permit
If public sewers are not available, approval must be obtained from the
appropriate health department for the sewage disposal plan proposed for
the subdivision.
Fire Letter
Fire protection, if any. Letter from the fire department or fire district
outlining the protection afforded must be furnished. If there is none, sub-
divider may so state.
Many cities have furnished a "blanket" letter and in these cases it is
not necessary for the subdivider to obtain an individual letter.
54 SUBDIVISION MANUAL
Flood and Drainage
\ report on flood hazard and drainage conditions must be secured by the
subdivider from local flood control engineers or the city or county engineer
if under their jurisdiction. Lacking information from official sources, the
subdivider may be required in some instances to furnish reports from quali-
fied engineers at his own expense.
Fill Report
If there is to be any filled ground in excess of two feet, the subdivider
must ordinarily furnish a qualified engineer's filled ground report : lots by
number filled ;' maximum depth in tract; method of filling; compaction ob-
tained ; opinion on ability of fill as compact to sustain proposed coustruic-
tion loads.
Release From Encumlrances
The submission of certified copies of the blanket mortgage or trust deed
or other lien against the land showing a release clause is no longer required
except in the case of an "unconditional" release clause. As a practical
matter, an unconditional release provision is a very rare thing and is almost
impossible to secure. However, in those rare cases where the beneficiary or
mortgagee is capable of providing a release even beyond default or fore-
closure, proper evidence of this ability should be submitted for the com-
missioner's consideration.
In the usual event that an absolutely unconditional release clause does
not exist in any blanket encumbrance, the subdivider must comply with Sec-
tion 11013.2 of the Business and Professions Code. This section requires
that deposits bo escrowed pending a proper release from the encumbrance,
or ; that the title to the subdivision be held in an acceptable trust pending
a proper release from encumbrances, or ; that a bond be furnished which
provides for the return of purchasers or lessees deposits if a release is not
obtained, or ; an alternative requirement or method acceptable to the com-
missioner.
In the filing the subdivider must advise the commissioner whith of these
methods will be used.
Deposit Impounds
When a blanket encumbrance does not cover the property to be sold or
leased, the subdivider must comply with Section 11013.4 of the Business
and Professions Code. This section requires the escrowing of dei^osits or
placing of such deposits in a trust account until delivery of title or other
interest, or ; furnishing a bond which provides for the return of purchasers
money if delivery of title or other interest is not made within the time
specified by contract, or ; providing a bond, for the benefit of purchasers or
lessees, from an approved association of which the subdivider is a member,
or ; proof that off-site bonds or deposits have been made and that approved
lien and completion bonds have been issued for on-site construction when
improvements are included in the transactions, or ; that all purchase money
advanced is placed in an approved depository, to be disbursed only for the
construction of improvements on the subject property, or ; that some alter-
native method acceptable to the commissioner is to be used.
In this case also the subdivider must advise the commissioner which
method he will use to protect deposit and purchase money.
After returning the questionnaire, the owner or subdivider is
not allowed to make material changes in the subdivision without
first notifying the commissioner in writing of his intended
change.
(4) Inspection and Public Report. The commissioner may investi-
gate any subdivision being offered for sale or lease in the State
of California, or out-of-state lands which are being offered for
sale or lease in California at the owner 's or subdivider 's expense.
SUBDIVISION MANUAL 55
When the Real Estate Commissioner makes an examination of
any snbdivision, the commissioner shall make a public report of
his finding:s whicli he may publish. If it appears that the sub-
divider will be able to meet all State and local requirements
within a reasonable length of time, the commissioner may issue
a preliminary subdivision public report allowinpf the subdivider
to take reservations on lots but not sell or offer to sell them.
When a deposit is taken in connection with a lot reservation,
the deposit must be held in a neutral depository together with a
receipted copy of the preliminary subdivision public report.
The owner or subdivider cannot enter into a binding agree-
ment or contract for the sale or lease of any lot or parcel in a
subdivision until a true copy of the commissioner's final sub-
division public report has been given to the prospective pur-
chaser, he has been given an opportunity to read it, and his re-
ceipt taken for it.
(5) Special questionnaire forms are used for community apartment
house projects, which are considered as subdivisions. Also, spe-
cial, simplified questionnaires are available for use in some cases
where the subdivider is going to sell only houses which qualify
for F. H. A. or V. A. financing.
LENDING AGENCIES
Variations in types of financing preclude a simple statement of the
specific requirements which lending agencies will impose in approving
tentative and final maps. In cases of conventional loans, each lender
will have his own subdivision requirements which may vary greatly
in complexity. In addition, as noted previously, the Federal Housing-
Administration and the Veterans Administration have subdivision
standards and approval procedures with which the subdivider must
comply if insured or guaranteed loans are to be used.
Because of the vital role played by financing in the final success of
the tract, the subdivider will endeavor to include the proper safeguards
to insure financing in his plans. This means that the subdivider and
the private engineer must be familiar with the requirements of the
lending agencies as well as with those of local, State and Federal agen-
cies when preparing the initial sketch map.
When the initial map has been prepared, it will be discussed with the
prospective lender to insure that it meets the lender's own require-
ments. If some type of insured or guaranteed loan is to be employed,
it should also be reviewed by the proper agency. Necessary alterations
in plans may be co-ordinated with the local government offices at the
time that the tentative map is being prepared.
CHAPTER V
STANDARDS OF DESIGN
1. STANDARDS OF DESIGN
The character of a community is molded by the design of each sub-
division and is the most important unit that enters into its develop-
ment or expansion. As the subdivisions increase, the community is
formed and the elements that make good design and planning should
be considered for each tract.
Each subdivision is affected by the general plan of the area and be-
comes a part of the street system for the adjacent neighbors' property.
Other major elements for determination include proposed freeways,
highways, zoning or land use, local and area drainage, interior street
design, and public facility sites.
It is recognized that no one set of subdivision and improvement
standards can be devised which would be generally applicable for the
many sizes, types, and locations of subdivisions in California. Stand-
ards should vary with the requirements of local ordinances, the topog-
raphy, and other factors in different parts of the State. An outline of
desirable standards is included in this manual to aid city and county
agencies in establishing general requirements.
2. LAND USE AND LOT DESIGN
The most important criterion of a good lot would seem to be its ap-
propriateness to the type of structure and the use planned. In most
instances a nearly- rectangular lot will prove the most adaptable. How-
ever, in the absence of a straight gridiron street pattern it is inevitable
that a sizable portion of nonrectangular ("pie shaped") lots will be
created. With these, the foremost concern is usually providing adequate
street frontage and sufficient lot width at the building line.
Minimum Area, Depth, and Width
Few areas permit minimum lot dimensions of less than 50-foot aver-
age width, 9U to 100-foot depths, and 5,000-square-foot areas except
for beach, resort and recreational areas, and under other special condi-
tions. However, lot dimensions should vary with zoning area require-
ments. Thus, 50 feet might be a good minimum width for a 5,000-square-
foot lot, whereas a 70-foot minimum width might be more appropriate
for a 10,000-square-foot lot. It is recommended that the ratio of aver-
age usable depth to average width should not exceed 2| to one. Unless
the subdivision planned is of such magnitude as to comprise a complete
community, the lots within a given tract generally should not vary
too greatly in area.
Corner Lots
For minimum size lots additional width may be required for corner
lots in order to provide for zoning side-yard requirements.
(56)
SUBDIVISION MANUAL 57
Minimum Frontage
In order to allow for a driveway and curb parking for at least one
automobile, every lot should have a minimum street frontage of 35 feet.
Where a home site is set a considerable distance from the street and
parking is provided for on the lot, a lesser frontage can be permitted
that will provide only for driveway access.
Lots Divided by Separafe Jurisdictions
If a proposed subdivision straddles city, county, or other political
boundary lines, special problems will be presented which should be
investigated.
Special Problems
Problems created by commercial districts and industrial districts
as they relate to residential subdivisions must be carefully considered.
It is not within the province of this manual to go into these matters,
but many references are available on the subject. Full consideration
should be given to requirements for churches, schools, parks, and other
public use facilities.
Special consideration should be given to "community developments"
which are specially designed to fit specific conditions for use rather than
for a general design criteria.
Acreage subdivisions are another form of special planning that affect
standards in improvement requirements.
Block Pattern
The block pattern is linked to the street system. Such compelling con-
siderations as type of residence, traffic control and safety, topography
and drainage, aesthetics, and zoning affect block patterns. The longer
the block the smaller the proportion of land that need be devoted to
street purposes. Although a precise statement as to the "critical length"
for blocks cannot be given, experience suggests that maximum block
length should not exceed 1,800 feet and that 500 feet appears to be an
acceptable minimum.
Width. The width of a rectangular block should be sufficient to
provide for two tiers of lots, or at least 180 feet if minimum lot depths
of 90 feet are assumed.
3. STREET AND HIGHWAY SYSTEM
Street System
The most important design feature of subdivisions is the street
system, which may embrace both arterial and minor streets. Arterial
streets include freeways, parkways, and major and secondary highways
and are intended to carry large volumes of traffic over considerable
distances. Minor streets consist of entrance streets, collector streets,
cul-de-sac loop streets, and other local streets. These streets may have
other names in different localities, but fundamentally they provide ac-
cess to the homes in the tract, circulation to the area, and local drainage
control.
58
SUBDIVISION MANUAL
Arferial Sfreets
The discussion which follows is restricted to major and secondary
highwa.YS, since design standards for freeways are properly the concern
of the State Division of Highways. The subdivision, however, should be
designed to delete that portion needed for the freeway from the final
map to be acquired by the State. Backing lots to the freeway or pro-
viding a service road have been used successfully.
R'ighf-of-way and Roadway Widths
The cross-section diagrams shown below are to be interpreted as
providing moving lanes of 12-foot width each and parking lanes of
eight-foot widths each. These lane standards are proposed because of
the high speeds and volumes characteristic of present-day vehicular
traffic, as well as its ever-increasing proportion of buses and trucks.
(<^) Major Highyvay
G Lanez s- /Z'
/oa'
(b) Major H i (^hv^oy AliernaJ-t.
Dis/iding Sirip
(C) Secondary Hijh^A/ay
(d) F r on-fa qe ^<Da.d
(4.
Varies
32
72
12'
SUBDIVISION MANUAL 59
It is an establislied policy, however, in some areas of subdivision
activity for the planning commission to require dedications of 100 feet
for major highways and 80 feet for secondary highways.
Minimum Curve Radii
Desirable minimum standards for curve radii, as measured from
centerline, are 1,500 feet for major highways and 1,000 feet for second-
ary highways, except for hillside areas.
Vertical Curves
Changes in grade should be connected by vertical curves which permit
adequate sight distances based on maximum allowable driving speeds.
Subdivision Street Pattern
Ideally, the minor street system if designed properly serves a variety
of purposes other than suitable vehicular access to each lot. These in-
clude discouraging through traffic although furnishing convenient ac-
cess to schools, parks, transportation facilities, shopping centers, and
other neighborhood facilities. Internal traffic should be directed to
collector or entrance streets to selected entrances from the arterial
highways. Subdivision streets also act as a channel for utility services.
One of their principal requirements is to drain storm waters adequately
from the subdivision, and they should be designed with due regard for
topographical conditions. Needless to add, these ends must be attained
with a minimum amount of land for street purposes.
Although the gridiron pattern for minor streets has been used ex-
tensively in the past and possesses certain advantages, the curvilinear
street design is used in many residential subdivisions. The curved street
pattern is better suited to areas of irregular topography and provides
greater aesthetic appeal than that afforded by the gridiron pattern. In
certain flat terrain where drainage becomes the dominant consideration,
the gridiron pattern becomes mandatory. Even in these circumstances,
however, a "modified gridiron" can be designed to eliminate long
through-traffic-gathering streets with controlled access from the high-
ways and to eliminate the four-way intersections of the interior sub-
division streets.
Minor subdivision streets other than arterial highways have been
classified into several categories or types of streets. Many subdivision
ordinances differ in terminology for the same type of street. These streets
are often designated as entrance streets, collector streets, loop or U
streets, cul-de-sacs, and service roads. These streets may be likened to
the skeletal structure of a fish, the entrance or collector street serving
as the backbone and the other streets as the many rib bones.
The entrance street and collector street may be the same or the col-
lector street may be apart from the entrance street and serve other
minor short streets in the tract. The number of traffic-bearing streets
are kept to a minimum but sufficient to serve the subdivision or com-
munity.
As a general rule streets should intersect at right angles, street grades
should be lowered before intersecting other streets, and tangents should
be provided for reverse curves. Approximately 100 feet of tangent
should be provided from the street right-of-way line to the beginning
60 SUBDIVISION MANUAL
or end of curve at intersecting street or have a centerline radius of
approximately 450 feet to the intersecting street.
The service road abuts the arterial highway or freeway providing
frontage for the lots and often acts as a collector street for other inter-
secting streets. The entrance street and quite often the collector street
links the traffic from the other minor subdivision streets to the highway
system, and the primary purpose of all minor streets is to provide access
to the lots and control local drainage.
Eliminating traffic hazards is a major goal in good subdivision plan-
ning. The records show that traffic hazards for streets in older sub-
divisions are caused by this oversight. All curves on minor streets
should have not less than a 100-foot centerline radius, and in many
instances a greater radius is indicated, depending upon street grades,
deflector angles, or sight distance. Jogs in streets cause hazards and
should be eliminated unless the streets are 150 feet apart or more.
Right-of-way and Roadway Widths
In the cross-section diagrams shown below, moving traffic lanes are
assumed to require 12-foot widths except for local streets in single-fam-
ily residential areas, where reduced traffic speeds and volumes and
miaimal truck traffic should make 10-foot widths sufficient. In all cases,
parking lanes require eight-foot widths. The cross sections for hillside
streets and service roads contemplate curb parking on one side only.
Alignment
Minimum Curve Radius
All curves on minor streets should have not less than a 100-foot
centerline radius and in certain instances a greater radius is indicated.
Street alignment and grades are designed not only to create good lot
frontage and access but to provide a satisfactory street for safe travel
and maintenance. If standards have public acceptance and are admin-
istered consistently, this fine balance between private and public rights
can be maintained.
The use of ' ' knuckles ' ' or elbows where a street makes a nearly right-
angled turn is satisfactorj^ since these facilitate turning movements by
a greater pavement area, increase sight distance, and provide more
desirable frontage for lots on the outside of the curve.
Minimum Tangent Distance
The minimum tangent distance between reverse curves should be 100
feet so as to permit drivers to "recover" from one curve to the next
and to provide better sight distance. It is also desirable to have not
less than the same tangent from the end of a curve to the intersection
of the next street.
Grades
Maximum and Minimum. Maximum grades on minor streets may
approach 15 percent without serious difficulties. Grades of 25 percent
have been used successfully for short distances. However, it is generally
desirable that they not exceed 10 percent. A minimum gradient of 0.5
percent is desirable in order to assure good street drainage.
SUBDIVISION MANUAL,
(^) Colleciar 3 i r e.ei-
61
/G'
&0
(b) Ccllecf-ar Stre-?.-/- Alt 5!
/2'
^
(c) Lacal Sire&i-
(d) Hillside Sfresi,
Crass Sireei- or
Cul- de - 5^^
TYPICAL SECTIONS IN USE
Vertical Curves. Summit vertical curves should maintain passing
sight distance of not less than 300 feet, except where the design pro-
vides for adequate vision.
Cul-de-sacs
Dead-end streets that cannot be extended should be provided with
a turn-around radius of 40 feet to the property line. Cul-de-sac streets
over 800 feet long should have a minimum radius and width of 56 feet
and curb distance of 40 feet.
Alleys
Although alleys are declining steadily in single-family and two-fam-
ily residential zones, they are used extensively in multiple-residential
62 SUBDIVISION MANUAL
and certain commercial areas. Public alleys are not recommended in the
large commercial shopping centers or industrial areas where large park-
ing areas are available.
Intersections
Intersection design is of extreme significance since a very heavy pro-
portion of total accidents continues to occur where streets and other
rights-of-way converge. Two conclusions follow : ( 1 ) the number of
intersections, especially those involving arterial streets and railroads,
should be kept to a minimum consistent with traffic needs and certain
other considerations; (2) the number of streets converging at a single
intersection should be minimized, again making due allowance for the
requirements of adequate traffic circulation. Proper signalization of a
highway indicates that local or minor street intersections should be
spread about one-fourth of a mile apart so that these intersections should
be at the location of entrance streets to a subdivision.
Distance From Railroads and Bridges. Street intersections should
be kept at least 400 feet from railroad rights-of-way and bridges in
order to allow for adequate sight distances. In the case of railroads such
spacing could allow for the possibility of future grade separations being
constructed.
Tangent Distances. Where one or more arterial streets are in-
volved in an intersection, all the intersecting streets should maintain
tangent distances back from the intersection at least 100 feet in length.
Where only local streets are concerned, a minimum tangent distance
is probably not essential provided that intersecting street maintains a
long swinging curve (minimum centerline radius of 500 feet) as it
approaches the intersection.
Jogs. No jogs should be approved where arterial streets are in-
volved. With minor streets, a jog is permissible if the offset between
centerlines is at least 125 feet.
Highway Protection Design Treatment
Modern subdivision planning offers four basic designs for eliminat-
ing numerous street intersections and drivewaj^s from the arterial
highways and locating the entrance streets (not collector street) to
the subdivision at one-fourth-mile intervals along the highway for
proper signalization. (Experience indicates that a spacing interval of
one-fourth mile between intersections along an arterial street is an
especially convenient one, since highway master plans are frequently
based on a mile and half-mile grid, and signalization is facilitated.)
It should be noted that all of the types described have both advantages
and disadvantages and that agreement is never likely to be unanimous
as to which is preferable in any given situation. In many cases, how-
ever, the use of a particular form of treatment is more or less dictated
because of limitations imposed by topography, size and shape of prop-
erty, zoning, and the pattern already established in the area.
Service Road. The service road (occasionally referred to as a mar-
ginal access street) is a minor street which parallels and is contiguous
to an arterial street. It provides access to abutting properties and may
also act as a collector for interior local streets. The service road has
the obvious advantage of physically removing residences from the noise
SUBDIVISION MANUAL 63
and fumes of arterial traffic, a distance equivalent to its right-of-way-
width, and eliminates highMay parking on the highway.
Back-up with Wall. Residences on lots which back on an arterial
street are fairly well buffered against traffic noises provided a masonry
wall of five to six feet in height has been erected along the rear prop-
erty line. Such a wall has the additional advantages of preventing
children from running onto the arterial street and of furnishing no
sight distractions to passing motorists. The financial expense of con-
structing a masonry wall is not too great if consideration is given to
the highway protection and aesthetic and practical advantages gained.
4. GRADING
Proper solution of drainage problems as well as the desire for fairly
level building sites may require grading of the land to be developed.
This may be an extensive earth-moving operation or a minor project.
It has been customary in the past to require that building foundations
be carried down to undisturbed natural soil. However, it is generally
recognized today, that properly designed and compacted fills are equal
to and, in many cases, better than natural ground for providing a
firm foundation for building construction. In order to insure that the
grading operation is properly designed and executed, the developer
must engage the services of an experienced civil engineer skilled in
soil mechanics, and the governing body should require inspection and
approval of the grading by a soils engineer.
Regulations by Governing Body
In the selection of the local agency which will enforce proper design
and inspection standards for grading operations, consideration should
be given to the fact that a proper grading design is dependent upon
the simultaneous design of street grades and of drainage systems, if
required. Lot grading, street profiles, and drainage plans must be
considered as a combined proposed solution. Therefore, it would seem
advisable that the same local agency review all parts of the plan or,
if separate agencies are necessary, that close co-operation and agree-
ment be insured between them. In the past, where regulations were in
effect for proper lot drainage, the building department was often given
jurisdiction. Present-day grading operations, if extensive, are primarily
an engineering problem, and it is doubtful that they come within the
scope of the usual building department staff. It is recommended that
a copy of the report by the soils engineer be filed with the governing
body or designated local agency or official.
Maximum} Slopes
Grading regulations should provide for some maximum steepness
for cut-and-fill slopes which is dependent upon the type of soil nor-
mally encountered in the area. Many areas set a slope of one horizontal
to one vertical for cuts and 1| horizontal to one vertical for fills, but
the governing body should be advised by a soils engineer before estab-
lishing any values for maximum slope. Provisions should be made for
requiring slopes steeper or permitting slopes less steep than the estab-
lished maximum value when substantiated by a soil test and report
of a soils engineer.
64 SUBDIVISION MANUAL
Compaction of Fills
Wherever foundations or street improvements are to rest on filled
ground, it is important that the filling operation be inspected by a
soils engineer or tested to determine that proper compaction has been
obtained. A requirement that all fills be compacted to 90 percent of
optimum density is not considered unreasonable and will insure solid
fills free from future settlement. Other requirements usually included
are concerned with moisture content, deposit of earth in layers, removal
of organic material and debris, etc.
Drainage
Lots should be graded to prevent storm water runoff from flowing
over a cut or fill slope, particularly in a concentration. This is normally
accomplished by sloping the lot to drain to the street but may be ac-
complished in other waj's. Several solutions are suggested in Neighhor-
hood Standards (Land Planning Bulletin No. 3), published by the
Federal Housing Administration. Lots which discharge their storm
waters on to adjacent lots may cause problems, and alternate solutions
should be considered.
Rear Yard Depfh
The governing body may consider requiring a usable rear yard of
some minimum dimension between the building wall and the top or
toe of slope. It may also be desirable to increase this minimum in cases
where the adjacent slope is very high.
Sfabilization of Slopes
The faces of cut or fill slopes are subject to varying degrees of erosion
from rainfall on the surfaces themselves, depending upon the soil con-
dition. Where such erosion becomes a problem, the slopes may be
stabilized by planting soil-fixing vines or shrubs, seeded, fertilized, or
otherwise treated. Maintenance of treated slopes should be provided
until stabilization has been accomplished.
Where slopes occur on side or rear lot lines, recognition should be
given to the fact that the appearance of the slope and any erosion from
it directly affects the property below. Therefore, the owner of the
lower property is more interested in owning, stabilizing, and maintain-
ing the slope than is the owner of the property above. Accordingly,
it may insure better maintenance if lot lines are located where possible
along the tops of slopes.
5. DRAINAGE AND FLOOD CONTROL
Situations which often require consideration in the development of
drainage and storm water control in subdivisions include: (1) natural
watercourses, (2) local drainage problems, (3) natural depressions, and
(4) high groundwater.
Lands containing, or adjacent to, well-defined natural watercourses
may be subject to such flood hazards as bank erosion, overflow, and
deposition of debris. If the natural channel is not well-entrenched,
adjoining areas may be subject to flood hazard due to storm waters
breaking out and changing the course of the natural channel. These
SUBDIVISION MANUAL 65
conditions may be relieved by the construction and maintenance of
adequate flood control improvements, which include debris control
measures where necessary.
Land within a subdivision may also be adversely affected by storm
water runoff arising from developed areas either within or in the im-
mediate vicinity of the tract. This situation may often be relieved by
grading the lots to drain into the streets and making adequate provision
for carrying the runoff in the streets or in adequate channels, such as
open ditches or subsurface pipes acting as storm drains.
Natural depressions are low lying areas having no natural or adequate
outlet. Storm water runoff collecting in these sumps causes inundation
of the area during rainstorms. Following a storm, sanitation problems
due to standing water are often encountered. This situation may be
relieved by providing an adequate drainage outlet, or by confining the
storm waters within an excavated sump of sufficient capacity to absorb
the runoff. Where soil conditions permit, percolation wells may be
provided with the sump to accelerate emptying of the basin. Where
sump capacity is inadequate to absorb all the storm water runoff, pump-
ing equipment may be provided to discharge the collected water into
nearby drains.
In areas where available historical data indicate that groundwater
may rise close to the ground surface, say to within 10 feet of the surface,
serious problems may arise especially if sewage is to be disposed of by
the use of septic tanks or other percolation methods. Difficulties may
also arise if the construction and maintenance of subsurface structures
such as basements and vaults are to take place. This condition may be
relieved by the construction of a surface or subsurface drainage system
of adequate capacity to keep the groundwater down to the required
level or by selection of improvements which will not be harmed by
such a condition.
Preparation of Master Drainage Plans
Counties and cities that have not already done so should empower
or designate a department or competent engineer to be responsible for
comprehensive planning of drainage and storm water control within
their respective jurisdictions. The responsible department or engineer
will hereinafter be referred to as the "local agency."
It should be the responsibility of the local agency to develop a master
drainage plan showing proposed works for the control of storm water
runoff. This master drainage plan should show the general alignment,
cross section, and profile of all major stream and channel improvements
as well as major storm drain systems. Component parts of this master
drainage plan may be developed in units as the needs of the area
require.
The required capacities of the channels in the master drainage plan
should be determined by a competent engineer by the use of some
accepted engineering method, such as the Rational Method of calculat-
ing runoff from rainfall data. The storm frequency for which the
improvements are to be designed should be consistent with current
engineering practice and economic feasibility, based on land and prop-
erty values in the area concerned. In highly developed sections of
California, improvements for major channels, or natural watercourses,
3— L,-4155
66 SUBDIVISION MANUAL
are commonly designed to discharge runoff from rainstorms having
frequency of once in 50 years, while storm drains are designed for
frequencies varjdng from 25 to 10 years.
The local agency should collect and keep records of rainfall and
runoff in the local area for use as a basis for establishing the required
capacities of channels and storm drains and of overflow or inundated
areas resulting from major storms for supporting data.
Rights-of-way Requirements
The local agency should establish the alignment and width of rights-
of-way required for the ultimate improvement of all streams and chan-
nels shown in the master drainage plan and for all storm drains or
drainage improvements to be provided.
Establishment of Design Standards
The local agency should establish the minimum design standards
acceptable for the component parts of the necessary drainage improve-
ments. Standard drawings may be issued showing minimum standards
acceptable for such improvements as pipe and wire revetments, gunite,
concrete or asphalt levee facings, and similar improvements.
Review of Proposed Plans for Drainage Improvements
The local agency should review proposed drainage improvement
plans to determine whether they comply with the adopted master
drainage plan and meet design standards. When the proposed improve-
ments are found to be inadequate, the changes necessary for acceptance
should be indicated.
Accept Drainage Improvements for Operation and Maintenance
"When it has been determined that the drainage improvements meet
requirements, the local agency should recommend that the governing
body accept the rights-of-way and the improvements for operation
and maintenance by an authorized local public agency or will other-
wise indicate how permanent maintenance and operation will be ac-
complished.
Responsibility of the Developer
The developer must realize the importance of engaging a competent
civil engineer familiar with the design of subdivision and drainage
improvements who will: (1) study the master drainage plan, flood
hazard report, and any other available pertinent data relating to drain-
age; (2) consider other related conditions or requirements including
the drainage policies, if established, of the financing agency; (3) ob-
tain topographic and other physical data concerning drainage and the
land to be developed; (4) prepare as part of the tentative map a pre-
liminary design of the drainage system including proposed easements
and dedications and a delineation of all natural watercourses; and
(5) prepare the final design of drainage improvements with the other
improvement plans and final map for submission to the designated
local agency.
SUBDIVISION MANUAL 67
The governing body may require the developer to post bond or other
acceptable assurances for the construction of drainage as well as other
improvements.
Local Legislation
In furtherance of Section 11551.5 of the Subdivision Map Act of
the Business and Professions Code, which provides for the disapproval
of tentative maps of proposed subdivisions because of flood hazard and
inundation, the city and county governing bodies should consider the
adoption of sections in their subdivision ordinances which would
provide :
1. That in the proposed subdivision of areas which may be subject
to a serious degree of flood hazard or inundation, disapproval
may be averted by provision of adequate corrective measures or
by deletion from the proposed subdivision map of the areas sub-
ject to serious flood hazard or inundation. In areas subject to
moderate flood hazard or inundation, disapproval may be averted
by either of the provisions mentioned above or by placing a note
in a prominent place on the final map, indicating the areas subject
to such flood hazard or inundation.
2. For notification of the State Real Estate Commissioner of any
flood hazard remaining uncorrected.
3. For the corrective showing and labeling of natural watercourses
on the final map unless they are replaced by improved flood
channels and storm drains.
In addition, consideration should be given by the local governing
bodies to the adoption of sections in their subdivision ordinances
requiring :
1. Notification of the State Real Estate Commissioner of any high
groundwater conditions within the proposed subdivision.
2. Dedication to the appropriate public agency of all rights-of-way
required for the construction, operation, and maintenance of all
channels and storm drains required for the subdivision.
3. Erection of adequate fencing along rights-of-way of all open
channels for protecting the public and for controlling access.
County and city governing bodies may also consider the adoption
of ordinances preventing human habitation in areas subject to severe
flood hazard and inundation, which present serious hazard to life, and
ordinances controlling the use of natural watercourses and drainage
rights-of-way as a protection against their obstruction and obliteration.
6. HILLSIDE DEVELOPMENT
In the development of steeper slopes whose natural grade exceeds
that of the steepest street grade permitted, regulations which apply for
the most part to level development should be re-examined to see that
they will accomplish the result desired in the changed circumstances.
Often regulations which result in substantial benefit at minor incon-
venience or expense in level development will be either impossible or
68 SUBDIVISIOX MANUAL
impractical of compliance in hillside development or will produce ob-
jectionable results Avhich outweigh the benefits sought by the original
regulation. On the other hand, some regulations must be tightened
and additional requirements imposed to cope with increased hazards,
particularly in matters of grading and drainage.
Grading should be designed and closely supervised by engineers
skilled in soil mechanics. In areas where the presence of slippage planes
is suspected, a geological report should be required.
In the development of hillsides, storm water runoff will of necessity
be collected either in streets, natural drainage ways, or storm drains.
In any event, the water will floAV with high velocities and increased
care must be exercised in design to prevent damage. Normal standards
of design should be examined to insure that they do not in fact create
a hazard rather than prevent one. For instance, many standards for
driveway openings actually create conditions which favor storm water
damage if used on steep grades.
On the other hand, many regulations should be relaxed or disre-
garded entirely in the development of steep terrain. As an example,
streets are primarily for access to home sites. The wider a right-of-way
which the regulatory body requires to be graded on a hillside, the less
the street will be able to perform its basic purpose of providing suitable
access to building sites. "Without minimizing the need for adequate
pavement widths, consideration should be given, in view of slower
traffic to be expected in hillside sections and of the lesser density of
moving and parked cars, to the establishment of narrower traffic lanes
and possible elimination of one parking lane or both parking lanes if
some other solution to the parking problem is acceptable. Moreover,
the necessity of sidewalks and parkway areas should be re-examined.
The characteristics of many hillside developments practically preclude
pedestrian traffic.
Intersections complying with normal standards are particularly
difficult if not impossible to obtain on a hillside. The benefits obtained
by eliminating intersections may more than offset the possible incon-
venience of longer blocks.
In many circumstances, unusual solutions may be entirely' suitable.
Flag lots or panhandle lots with street frontage wide enough only
for a driveway to the home site should not be prohibited only because
the normal regulation requires some larger lot widths. Double frontage
may be a preferable design on a hillside although objectionable on
the level.
7. SEWAGE DISPOSAL
The public health problem demands an adequate sewage disposal
system, and most counties and cities today have minimum require-
ments for sewage disposal. Sewage disposal is a very important factor
in the economics of a subdivision development as well as in the estab-
lishment of adequate health conditions. Requirements vary in different
areas, sometimes calling for a central disposal and treatment system
and in other cases allowing such individual disposal systems as septic
tanks. The developer's civil engineer can provide the analysis of this
important feature of land subdivision.
SUBDIVISION MANUAL 69
111 localities where there is a city sewer system or a sanitary district,
these agencies provide for iiiinimnm requirements of capacities, sewer
sizes, slope, and other special re(iuiremcnts. Quite often it becomes
necessary because of topography to provide pumping plants and pres-
sure mains in order to sewer a given tract of land.
In case^ of individual septic tanks, lot sizes may have to be increased
to provide an adequate area of land for the proper absorption of the
effluent. Requirements of the State and local health authorities must
be met. Various factors such as the absorbing character of the soils
and the possibility of pollution of groundwater supplies affect the feasi-
bility of using a private or local community system.
Whenever a local ordinance requires that a subdivider install sewers,
drains, or other facilities for sewers and drains as a condition prece-
dent to the acceptance of a final map, and where, in the opinion of
the governing body it is necessary that laterals or other facilities be
constructed which can be, or w^ill be, used for the benefit of property
not in the subdivision, and such sewers, drains, or other facilities are
dedicated to the public, the governing body may by contract with the
subdivider agree to reimburse and may reimburse the subdivider for
such lateral or other facility. Such contract shall provide that the
governing body may collect from any person using such lateral or
other facility for the benefit of property not within such subdivision
a reasonable charge for such use.
8. WATER SUPPLY AND FIRE PROTECTION
Wafer Supply
Water supply is another jorimary factor in subdivision development.
Obviously, requirements of the health authorities and the need for a
continuing and sufficient supply of potable and palatable water under
adequate pressure are prime requisites.
Water can be supplied from a central system provided by publicly
or privately owned water systems, or individual water supply may be
provided by pumps on the land unit if it is so located and constructed
as to avoid possible contamination by sewage disposal units and if
the w^ater quality can meet the chemical and bacteriological require-
ments of the health authorities having jurisdiction. In some cases
chlorination should be provided.
Under certain conditions private and mutual water companies can
be formed to serve the subdivision, provided they comply with the
requirements of various state laws.
When existing publicly owned water supply systems are to provide
sei'Adce, the appropriate agencies must be contacted to ascertain their
ability to supply the service and the conditions under which it can be
supplied.
Water systems, public or private, are designed by civil engineers.
Private systems must have a certificate of necessity issued by the Public
Utilities Commission. Water systems with under 200 connections nor-
mally are approved for purity by the local health authority. Larger
systems must receive approval of the State Department of Public
Health. Where the w'ater supply is from surface stream or lake, or
4— L-4155
70 SUBDIVISION MANUAL
known underground sources, application must be filed with the Depart-
ment of Water Resources to establish water rights. The engineer pro-
vides for bond issues, assessments, plans, specifications, supervision of
construction for water districts.
Fire Profeciion
From the standpoint of fire protection, the reliability of a water
sj^stem is as important as its adequacy. A guide for such requirements
is provided in "The Standard Schedule for Grading Cities and Towns
With Reference to Their Fire Defense and Physical Conditions,"
published by the National Board of Fire Underwriters.
Fire protection needs require that water mains be sized adequately
to provide water for fire hydrants and for future extensions of the
water system. Standards of design and location of hydrants should
conform to the recommendations of the fire department serving the
area in which the subdivision is located.
Fire protection should be considered in the planning of the access
to the various parts of the subdivision.
9. GAS, ELECTRIC, AND TELEPHONE SERVICE
The utility companies providing gas, electric, and telephone service
for newly developed subdivisions have many requirements that should
be understood by the land subdivider. Adequate planning for these
utilitj^ services at the start of the subdivision planning is necessary.
Necessary easements must be made available for the service lines,
power poles, and guy lines. Where underground services are considered
desirable, proper protection must be provided for the maintenance of
the service lines. Most utility companies provide necessary data on
utility needs.
MODEL SUBDIVISION ORDINANCE
Ordinance No.
The governing body of the of , State of California,
does ordain as follows:
Section 1. Purpose of Ordinance.
1.1. This ordinance is enacted for the purpose of adopting subdivi-
sion regulations, in accordance with the Subdivision Map Act, Chapter
2 of Part 2 of Division IV of the Business and Professions Code of
the State of California, and repeals all other ordinances of the ,
in conflict with this ordinance, provided, however, that such repeal
shall not affect any agreement, contract, or bond executed pursuant to
such ordinances or any rights of action, accruing thereunder. The
Planning Commission of the of , State of California,
hereinafter referred to as the Planning Commission, is hereby desig-
nated as the advisory agency with respect to subdivisions, as provided
in said Subdivision Map Act.
Section 2. Authority for Local Regulations.
2.1. Pursuant to the provisions of Chapter 2, Part 2 of Division IV
of the Business and Professions Code, State of California, referred to
herein as the Subdivision Map Act and in addition to any other regu-
SUBDIVISION MANUAL 71
lations provided by law, the regulations hereinafter in this ordinance
contained shall apply to all subdivisions or parts of subdivisions liere-
after made, entirely or partially within the (unincorporated territory
of County), (limits of the City of ), and this ordi-
nance shall be known as The Subdivision Ordinance.
2.2. Wherever this ordinance provides that requirements and regu-
lations may be modified due to topographical conditions and/or unusual
or exceptional circumstances, the Planning Commission may make such
modifications. Application for any such modification shall be made in
writing by the subdivider, stating fully the grounds of the application
and the facts relied upon by the subdivider. Such application shall be
filed with the tentative map of the subdivision. In order for the prop-
erty referred to in the application to come within the provisions of
this section, it shall be necessary that the Planning Commission shall
find the following facts with respect thereto.
(1) That there are special circumstances or conditions affecting said
property.
(2) That the modification is necessary for the preservation and
enjoyment of a substantial property right of the petitioner.
(3) That the granting of the modification will not be detrimental
to the public welfare or injurious to other property in the ter-
ritory in which said property is situated.
Section 3. Filing of Tentative Map — Five or ]\Iore Lots — and
Accompanying Data.
3.1. Each subdivider of five or more lots shall file with the Planning
Commission white copies of the tentative map of each subdivi-
sion and such additional copies as reasonably may be required by said
Commission and copies of owner's statement and accompany-
ing data, made in accordance with the requirements of this ordinance.
The time of filing a tentative map shall be construed to be the time at
which the same together with required data is submitted to the office of
the Planning Commission. The Planning Commission shall indicate the
date of filing upon all copies of the tentative map and accompanying
data, and thereafter shall transmit one copy of the map to each of the
following: (a) the (City Engineer, County Surveyor or County Engi-
neer) ; (b) each county and city entitled by law to review and recom-
mend tliereou; (c) the Real Estate Commissioner of the State of
California; (d) the District Engineer of the Division of Highways of
the State of California as provided by Section 11528.1 of the Business
and Professions Code; (e) the affected school district or districts; (f)
the Park Department; (g) publicly and privately owned utilities serv-
ing the area; and (h) the subdivider. One copy of the accompanying
data, if Rnv, shall be forwarded to the (City Engineer, County Sur-
veyor or County Engineer).
Section 4. Form of Tentative Map and Accompanying Data.
4.1. Every tentative map of a subdivision filed with the Planning
Commission shall be clearly and legibly drawn. The size of the sheet
shall be not less than 18 by 26 inches. The scale of the map shall be
72 SUBDIVISION MANUAL
one inch eqnals one hundred feet on large areas, and one inch equals
fifty feet on small or irregular areas, unless otherwise permitted by
the Planning Commission, and in any case shall clearly show all details
thereof. The map shall contain the following data :
(1) The tract number or name, date, north point, scale, and sufficient
description to define the location and boundaries of the proposed
tract.
(2) Names, addresses, and telephone numbers of record owner, sub-
divider, and person preparing map.
(3) Location, names, present width and approximate grades of ad-
jacent roads, streets, highways, or ways.
(4) The locations, names, width, proposed grade, and curve radii of
all roads, streets, highways, and ways in the proposed new sub-
division.
(5) The outline of any buildings to remain in place and their loca-
tions in relation to existing or proposed street and lot lines.
(6) Contour lines having the following intervals :
One foot contour interval for ground slopes between level and
five percent.
Five foot contour interval for ground slopes exceeding five
percent.
(7) The widths and approximate locations of all existing or pro-
posed easements or rights-of-way, whether public or private, for
roads, drainage, sewers, public utilities, or flood control purposes.
(8) Approximate lot layout and approximate dimensions of each lot
and each lot shall be numbered.
(9) Approximate location of areas subject to frequent inundation
or storm water overflow, of all areas covered by water, and the
location, wddth, and direction of flow of all watercourses and
areas subject to overflow by tide waters.
(10) Public areas proposed.
4.2. Statements to Accompany Tentative Map :
(1) Existing use or uses of property, including the location of all
existing structures to remain on the property.
(2) Proposed uses of the property and present zoning, with a state-
ment of the respective proportions of the total area of the sub-
division represented by each.
(3) Source and approximate quantity of water supply, and general
outline of proposed system.
(4) Provisions for drainage and surface water disposal.
(5) Provision for sewage disposal, drainage, and flood control which
are proposed.
(6) Proposed set-back lines for buildings.
(7) Statement as to tree planting plan, if any.
(8) Statement of the improvements proposed to be made or installed
and of the time at which such improvements are proposed to be
made or completed.
(9) Justification and reasons for any exceptions to provisions of this
ordinance.
subdivision manual 73
Section 5. Filing Tentative Map
5.1. The siibdivider shall file with the planning commission at least
seven clays prior to the meeting at which consideration of the map is
desired copies with the requirements of Section 5 of this
ordinance.
5.2. The time of filing a tentative subdivision map shall be construed
to be the time at which the same is filed with the officer designated in
the rules of the planning commission for that purpose.
Upon acceptance, such officer shall give a receipt for the map and
accompanying data. Such acceptance, however, shall not preclude the
securing of additional information from the subdivider necessary for
the proper consideration of the tentative map.
5.3. The Planning Commission shall, within three days after the
filing of the tentative map, with accompanying data and statements,
transmit copies thereof to the (City Engineer, County Surveyor or
County Engineer), who shall check the improvements which shall be
required under the provisions of Section of this ordinance
and any easements required in connection with such improvements.
5.4. The Planning Commission shall, also, within three days, for-
ward copies of the tentative map to the (City — County) and State
officials requesting the same who may, within 15 days of the receipt
thereof, make recommendations with respect to the subdivision.
5.5. The Planning Commission shall determine whether the tenta-
tive map is in conformity with the provisions of law and of this ordi-
nance. Upon that basis, the Commission shall, within 30 days after the
filing of the tentative map, ujiless such time shall have been extended
by mutual agreement with the subdivider, by resolution, approve, con-
ditionally approve, or disapprove the same and shall report such action
direct to the subdivider and shall also transmit to the (City Engineer,
County Surveyor or County Engineer) a copy of the tentative map,
with accompanying data and statements, and a memorandum setting
forth the action of the Planning Commission thereon. If the map is
disapproved, reasons therefor shall be set forth.
5.6. If no action is taken within these time limits, the tentative map
as filed shall be deemed to be approved and it shall be the duty of the
clerk of the governing body to certify the approval.
5.7. If the subdivider is dissatisfied with any action of the Planning
Commission with respect to the tentative map, or the kinds, nature, and
extent of the improvements recommended by the Planning Commission
to be required, he may, within 15 days after such action, appeal to the
governing body for a public hearing thereon. The governing body shall
hear the appeal, upon notice to the subdivider and the Planning Com-
mission, unless the subdivider consents to a continuance, within 10 days
or at its next succeeding regular meeting. At the time fixed for the
hearing, the governing body shall proceed to hear the testimony of the
subdivider or any witnesses in his behalf and the testimony of the rep-
resentatives of the Planning Commission or any witnesses in its behalf.
It may also hear the testimony of other competent persons respecting
the character of the neighborhood in which the subdivision is to be
located, the kinds, nature, and extent of the improvements, the quality
or kinds of development to which the area is best adapted, and any
other phase of the matter into which it may desire to inquire.
74 SUBDIVISION MANUAL
5.8. Findings upon conclusion of hearing: Upon conclusion of the
hearing the governing body shall within seven days declare its findings
based upon the testimony produced before it. It may sustain, modify,
reject, or overrule any recommendations or rulings of the Planning
Commission and may make such findings as are not inconsistent with
the provisions of the Subdivision Map Act or this ordinance.
Section 6. Filing of Final Map and Accompanying Data :
Time Limit
6.1. General requirements : Any failure to record a final map within
one year from the approval or conditional approval of the tentative
map or any extension thereof granted by the governing body shall
terminate all proceedings.
6.2. During the one-year period subsequent to the date of approval
or conditional approval of the tentative map, or any approved extension
of the one-year period, neither the Planning Commission nor the gov-
erning body shall make any changes in the various requirements per-
taining to the tentative map, or call for the dedication of additional
areas or the installation of additional or more extensive improvements
than were set forth at the date of final action on the tentative map.
However, changes or alterations may be made if requested by the sub-
divider and approved by the Planning Commission.
6.3. Action on Final Map — Ajiproval by (City Engineer, County
Surveyor or County Engineer) : Upon receipt by the (City Engineer,
County Surveyor or County Engineer) of the final map and other data
submitted therewith, he shall examine such to determine that the sub-
division as shown is substantially the same as it appeared on the tenta-
tive map and any approved alterations thereof, that all provisions of
the law and of this ordinance applicable at the time of approval of
tentative map have been complied with, and that he is satisfied that
the map is technically correct. If the (City Engineer, County Surveyor
or County Engineer) shall determine that full conformity therewith
has not been made, he shall, within 20 days from the date of submission
of the final map for approval, advise the subdivider of the changes or
additions that must be made for such purposes, and shall afford the
subdivider an opportunity to make such changes or additions. If the
(City Engineer, County Surveyor or County Engineer) shall determine
that full conformity therewith has been made, he shall so certify on said
map and shall transmit said map to the governing body as provided
by Section 11593 of the Business and Professions Code.
6.4. The governing body shall at its next meeting or within a period
of not more than 10 days after the filing approve the map subject to
the provisions of Section 6.2, if it conforms to all the requirements of
this ordinance applicable at the time of approval of the tentative map.
6.5. The time limit for the approval of such map may be extended
by mutual consent of the subdivider and the governing body. If no
action is taken within such time limit or Avithin the time to which it
has been extended by such mutual consent, the map, if it conforms to
all the requirements above set forth, shall be deemed to be approved,
and it shall be the duty of the clerk of the governing body thereupon
to certify the approval.
SUBDIVISION MANUAL 75
6.6. The governing bodv sliall at that time also accept or reject
any or all offers of dedication and shall, as a condition precedent to the
acceptance of any streets or easements, require that the subdivider, at
his option, either improve or agree to improve the streets or easements
in accordance with the officially adopted subdivision standards.
Section 7. Form and Requisites op Finai; Map
7.1. The final map shall conform to all of the following provisions:
(1) It shall be clearly and legibly drawn in black waterproof
India ink upon good tracing cloth, including affidavits, cer-
tificates, and acknowledgments, except that such certifi-
cates, affidavits, and acknowledgments, may be legibly
stamped or printed upon the map with opaque ink.
(2) The size of each sheet shall be 18 by 26 inches. A marginal
line shall be drawn completely around each sheet, leaving
an entirely blank margin of one inch. The particular num-
ber of the sheet and the total number of sheets comprising
the map, the tract number, title, or other designation shall
be stated on each of the sheets, and its relation to each
adjoining sheet shall be clearly shown. The tract designa-
tion, all drawings, affidavits, acknowledgments, endorse-
ments, acceptances of dedication, and notarial seals shall
be within said marginal line. The scale of the final map
should be one inch equals one hundred feet or one inch
equals fifty feet, unless otherwise permitted by the (City
Engineer, County Surveyor or County Engineer), but in
any case this scale shall show clearly all the details of the
subdivision.
7.2. Data to Appear on Final Map.
(1) The title sheet of the final map shall contain the tract designa-
tion and such other descriptive matter as may be necessary.
Below the tract designation shall appear a subtitle consisting
of a general description of all the property being subdivided
by reference to recorded deeds or to maps which have been pre-
viously recorded or by reference to the plat of a United States
Survey. In case the property included within the subdivision
lies wholly within (unincorporated — incorporated) territory,
the following words shall appear below the title: "In (unin-
corporated— incorporated) territory in the (City — County) of
," or if partly in an incorporated city, the following
words shall be used : "Partly in the City of and partly
in unincorporated territory of the County of " Refer-
ence to tracts and subdivisions in the description must be
worded identically with original records, and references to book
and page of record must be complete. Every sheet comprising
the map shall bear the tract designation, scale, north point,
legend, sheet number, and number of sheets comprising the
map. Below the tract designation shall be clearly noted the basis
of bearing for the survey.
76 SUBDIVISION MANUAL
(2) The final map shall particularly define and designate all lots or
parcels, including those reserved for private purposes, all parcels
offered for dedication for any purpose, with all dimensions,
boundaries, and courses clearly shown and defined in every case.
No ditto marks shall be used. Parcels offered for dedication but
not accepted shall be designated by letter, and private streets
offered but not accepted for dedication shall have the words
''Not a Public Street."
(3) The map shall show clearly what stakes, monuments, or other
evidences were found on the ground to determine the boundaries
of the tract. The adjoining corners of all adjoining subdivisions
shall be identified by lot and block number, tract designation,
and place of record, or by section, township, and range, or other
proper designation.
(4) The map shall show all information, data, and monuments neces-
sary to locate and retrace any and all exterior boundary lines,
and lot and block lines. It shall also show bearings and distances
of straight lines and radii, central angle and arc length for all
curves, and such information as may be necessary to determine
the location of the centers of curves, bearings and tangent dis-
tances and radii, central angle, and arc lengths of all lots. Where
streets intersect on curves, center line lengths, radii and deltas,
and center line intersection points shall be shown.
(5) Wherever the County Engineer or a City Engineer has estab-
lished the center line of a street or alley, the data shall be shown
on the final map, indicating all monuments found and making
reference to a field book or map. If the points were reset by ties,
the fact shall be stated.
(6) The map shall show all references to adjoining boundaries or
subdivisions, with the necessary ties.
(7) The map shall show the line of extreme high water in case the
subdivision is adjacent to a stream, channel, or any body of
water and shall also show any area, if any, subject to periodic
inundation by water.
(8) The boundary of the tract shall be designated by a 1/16 inch
border of transparent Prussian blue color applied on the reverse
side of the tracing and inside the boundary line. Such border
shall not obliterate figures or other data.
(9) Block designations shall be omitted. Lot numbers shall continue
consecutively throughout the subdivision, with no omissions or
duplications. All letters and figures shall be conspicuous and
solid. They shall not obliterate dimensions or courses.
(10) The total width of all streets shall be shown, as well as the
widths of rights of way for flood control or drainage channels,
and any other rights of way.
(11) The map shall show all easements of record, or easements to be
recorded, to which the lots will be subject. The easements must
be clearly labeled and identified and if already of record, the
recorded reference be given. If any easement is not definitely
located of record, a statement of such easement must appear on
the title sheet. Easements for storm drains, sewers, and other
purposes shall be clearly defined. Distances and bearings on the
SUBDIVISION MANUAL 77
side lines of lots which are cut by an easement must be so shown
that the map will indicate clearly the actual lengths of the lot
lines. The width of the easement and the lengths and bearings
of the lines thereof and sufficient ties thereto to definitely locate
the easement with respect to the subdivision must be shown.
(12) In order to avoid duplication, names to be used for new streets
shall be subject to the approval of the City or County Planning
Commission, or any other agency designated by the governing
body. If any designations be numbers, they shall be spelled out
completely, using hyphens in such forms as "Twenty-third
Street." The words "Avenue," "Boulevard," "Place," etc.,
shall be spelled out in full. Names of newly dedicated portions
of streets shall be shown in or arrowed to the dedicated portion.
7.3 Data and Information to Accompany Final Map.
(1) A traverse sheet of the survey as specified in SECTION
(2) A complete set of blue line or black and white prints of the final
map of the subdivision for checking purposes.
(3) A statement that all improvements have been completed in ac-
cordance with the i^lans and specifications as approved by the
(City Engineer, County Surveyor or County Engineer) or that
the subdivision will be improved in accordance with plans and
specifications to the satisfaction of the governing body and a
statement as to the installation program proposed, including the
installation of public utility facilities, if any are required.
(4) All other data and information that are now or may hereafter
be required by law.
(5) The subdivider shall pay to the (City — County) for the pur-
poses of checking, computing, investigating, surveying and other
matters required by law and these regulations, the sum of
dollars as a fee and in addition shall pay to the
County or City the actual cost of the checking of the map, plans
and specifications, and investigations incidental thereto, Avhich
cost shall not however exceed dollars per lot.
Section 8. Certificates to Appear on Final Map
8.1. Owner's Certificate. A certificate, signed and acknowledged
by all parties having any record title interest in the land subdivided,
consenting to the preparation and recordation of said map.
8.2. Dedication Certificate. A certificate signed and acknowledged
as above offering for dedication for public use those certain parcels of
land which said parties desire to dedicate.
8.3. Engineer's Certificate. A certificate by the civil engineer or
licensed land surveyor responsible for the survey and final map. The
signature of the civil engineer or land surveyor and his seal shall ap-
pear on the map.
8.4. Basis of bearings note.
8.5. A certificate for execution by the (City Engineer, County Sur-
veyor or County Engineer).
5.6. A certificate for execution by the clerk of each approving gov-
erning body.
8.7. A certificate for execution by the County Recorder.
78 subdivision manual
Section 9. Certificates to Accompany Final, Map
9.1. The subdivider shall present to the recorder evidence that,
upon the date of recording, as shov^^n by public records, the parties
consenting to the recordation of the map are all the parties having a
record title interest in the land subdivided whose signatures are re-
quired by the provisions of Article 7 of Chapter 2, Part 2, Division IV
of the Business and Professions Code of the State of California ; other-
wise the map shall not be recorded.
9.2. Prior to the filing of the final map with the governing body,
the subdivider shall file with the clerk of the board of supervisors of
the county, in which any part of the subdivision is located, a certificate
from the official computing redemptions in any county or any municipal
corporation in which any part of the subdivision is located, showing
that, according to the records of his office, there are no liens against the
subdivision or any part thereof for unpaid State, county, municipal
or local taxes or special assessments collected as taxes, except taxes or
special assessments not yet payable.
As to taxes or special assessments collected as taxes not yet payable,
the subdivider shall file with the clerk of the board of supervisors men-
tioned, a certificate by each proper officer giving his estimate of the
amount of taxes and assessments which are a lien but which are not
yet payable.
9.3. Whenever any part of the subdivision is subject to a lien for
taxes or special assessments collected as taxes which are not yet pay-
able, the final map shall not be recorded until the owner or subdivider
executes and files with the board of supervisors of the county wherein
any part of the subdivision is located a good and sufficient bond to be
approved by the board and by its terms made to inure to the benefit
of the county and conditioned upon the payment of all State, county,
municipal, and other local taxes and all special assessments collected
as taxes, which at the time the final map is recorded are a lien against
the property, but which are not yet payable. In lieu of a bond, a deposit
may be made of money or negotiable bonds in the same amount and
of the kind approved for securing deposits of the public money.
9.4. A certificate of the clerk of the governing body as to tax bond
must accompany final maps recorded between the first Monday in
March and the third Monday in October.
9.5. All other data and material that are now or may hereafter be
required by law.
Section 10. Approval of Final Map
10.1. All parcels of land shown on any final map and intended for
any public use shall be offered for dedication for public use except
those parcels which are intended for the exclusive use of lot owners
in the subdivision, their licensees, visitors, tenants and servants. Pri-
vate streets, alleys, and ways as approved on the tentative map may
be shown on the final map and may be reserved by the subdivider for
private use when such facilities are improved to the required standards.
10.2. When all the certificates which appear on the final map
(except the approval certificate of the governing body) have been
signed, and, where necessary, acknowledged, the final map shall be
SUBDIVISTON MANUAL 79
filed for approval. The governing: body shall at its next meeting or
within a period of not more than 10 days after such filing with the
(City-Connty) clerk approve said map, if the same conforms to all
requirements of the Subdivision Map Act, this ordinance, and any
ruling made thereunder. Said governing body shall at that time require
the construction or installation of the improvements designated in
connection with the action on the tentative map, as hereinbefore pro-
vided, and if the improvements have not been installed, require a bond
as set forth in Section 14 hereof. In the case of a final map the govern-
ing body shall at the time of its action thereon accept or reject any or
all offers of dedication.
10.3. Upon approval of any final map and after the required signa-
tures and seals have been affixed, the clerk of the governing body shall
transmit the map to the County Recorder who shall, if he finds the
map in proper order, record the same after payment of the required re-
cording fee.
10.4. There shall be filed with the county for recording the original
tracings and one complete set of blue line prints on cloth, showing all
certificates, affidavits, and signatures.
Section 11. Reversion to Acreage Maps
11.1. Maps filed for the purpose of showing as acreage land previ-
ously subdivided into numbered or lettered^ parcels shall be conspicu-
ously designated with the title "The Purpose of This Map is a Rever-
sion to Acreage." The Planning Commission may require that
a tentative map be filed prior to the filing of such Reversion to Acreage
maps. If sufficient recorded data exists from which an accurate map
can be compiled, no survey nor certificate of any surveyor or engineer
shall be required except the certificate of the County Engineer certify-
ing to the correctness of the map. Consideration should be given to the
retention of easements or rights of way that should be maintained.
11.2. Complete sets of blue line or black and white prints shall be
furnished to the County Engineer for checking purposes. The actual
engineering costs of checking such maps shall be paid by the owner to
the (City-County) to be held in escrow for such engineering costs.
Section 12. Subdivision Regulations.
12.1. General Requirements. The following regulations shall apply
to all subdivisions or parts of subdivisions lying wholly or in part
within (the City of ; the unincorporated territory of the
County).
12.2. Streets and Highways.
(1) The street and highway layout of each subdivision shall be in
general conformity with the sections of the streets and high-
ways Master Plan or any approved revisions thereof, Mdiich shall
have been officially adopted by law in accordance with the pro-
visions of the State Conservation and Planning Act for the por-
tion of the within which the subdivision lies.
80 SUBDIVISION MANUAL
(2) The center lines of all through streets and highways shall be the
continuations of the center lines of existing through streets and
highwaj^'S in adjacent and contiguous territory. In cases in which
straight continuations are not reasonably possible, such center
lines may be continued in accordance with good engineering
practices.
(3) Widths of local streets shall be not less than those set forth in
Section hereof, except where the topography justifies
a narrower width.
(4) Private streets, alleys, or ways shall be permitted provided they
are improved to required standards.
(5) Keserved strips controlling the access of public ways or which
will not prove taxable for special improvements will not be ap-
proved unless such strips are necessary for the protection of
the public welfare or of substantial property rights of the sub-
divider of both, and in no case except in which the control and
disposal of the land comprising such strips is placed under a
holding agreement or trust with a title company under terms
and conditions approved by the Planning Commission. Such re-
serve strips will be approved where the governing body requires a
subdivider to make improvements that benefit an adjoining land
OTNTier and the governing body may make arrangement for the
adjoining land owner to pay a pro rata share of such improve-
ment costs when the adjoining lands are subdivided, and the
governing body shall reimburse the original subdivider for his
pro rata share of said costs or on the basis of some other program
previously agreed upon.
(6) Streets shall be required to intersect one another at an angle as
near to a right angle as is practicable in each specified case, and
no intersection of streets at angles less than 30° shall be ap-
proved, unless necessitated by topographical conditions.
(7) Where a subdivision adjoins acreage, unimproved rights of way
for streets which may be extended in the event of the subdivision
of the acreage may be required to be provided through to the
boundary lines of the tract by recording a future street right of
way, but not improving the same.
(8) Whenever the size or location of a parcel of land does not permit
a lot layout directly related to a normal street arrangement,
there may be used a court, nonconnecting street, or other way, as
best fits the case.
(9) Except where unusual topographical or other abnormal condi-
tions prevail, dead-end streets shall not exceed 800 feet in length
and shall have a circular end with a minimum property line
radius of 40 feet.
(10) Streets that are obviously in alignment with others already ex-
isting and named shall bear the names of such existing streets.
In order to avoid duplication, names to be used for new streets
shall be subject to the approval of the Planning Commission.
SURDIVISION MANUAL 81
12.3. Grades and Curves.
(1) Grades shall not exceed 10 percent on major residential streets,
or 17 percent on any street, nnless the topography shall neces-
sitate steeper grades. Center line radii shall be not less than 100
feet where normal topographical conditions prevail. Lesser radii
may be used in cases in which sufficient evidence is presented to
show that the above requirements are not practicable.
(2) Where two alleys intersect, 10 foot corner cutoffs shall be re-
quired.
12.4. Blocks.
(1) Blocks shall not exceed 1800 feet in length, unless the previous
adjacent layout or topographical or traffic conditions justify a
variation from this requirement. Long blocks shall be provided
adjacent to main thoroughfares in order to reduce the number of
intersections.
(2) At street intersections the block corners in a residential district
shall be rounded at the property line by a radius of not less
than 15 feet, and in a commercial district or on lots adjacent to
a secondary or major highway by a radius of not less than 20 feet
or more in case such is necessary to provide at least 100 feet sight
distance diagonally between intersecting street center lines.
(3) Easements of reasonable width for storm drainage, sewers, or
other public utilities may be required along the rear and side lot
lines if necessary.
12.5. Areas and Widths of Lots. The area and width of lots or
parcels, except those in commercial and industrial areas, shall be as
required for the particular zoning district in which the property is
classified by the (City-County) Zoning Ordinance, provided, however:
(1) Each interior lot or parcel shall have an average width of not
less than 50 feet unless otherwise designated in the zoning ordi-
nance. Other standards may be considered for beach and resort
areas.
(2) Additional widths shall be considered for corner lots.
(3) Each lot or parcel on a dead-end street turn-around or on a
curved street when the side lines thereof are diverging from the
front to the rear of such lot or parcel shall have a width of not
less than 50 feet or that width required by the zoning ordinance,
whichever is the greater, measured along the building line estab-
lished by the required front yard for the main building and be-
tween the side lines of such lot or parcel.
(4) Each lot or parcel on a curved street when the side lines thereof
are converging from the front to the rear of such lot or parcel
shall have an average width of not less than 50 feet or that width
required by the zoning ordinance whichever is the greater.
(5) In a subdivision in which the lots may be resubdivided at some
future time, the location of lot lines and other details of layout
shall be such that resubdivision may readily take place without
violating the requirements of this ordinance and without inter-
fering with the orderly extension of adjacent streets and high-
wavs.
82 SUBDIVISION MANUAL
(6) Lots without frontage on a street will not be permitted; except
that in steep hillside areas where in the opinion of the Planning
Commission the terrain is such as to justify the design of lots
having narrow access strips.
(7) The side lines of lots shall be required to run at right angles or
radially to the street upon which the lot faces, as far as practi-
cable; except where unusual topography dictates otherwise.
(8) Lots other than corner lots having double frontage will not be
approved except where necessitated by topographic or other
physical conditions.
12.6. Water Courses.
(1) In the event that the subdivision is traversed by any water
courses, channels, streams, or creeks, the subdivider shall dedicate
rights of way or easements for storm drainage purposes con-
forming substantially with the lines of such water courses, chan-
nels, streams or creeks, or shall provide by dedication further
and sufficient rights of way or easements as shall be required
for structures or channel changes or both, to dispose of such
surface and storm waters.
(2) The governing body may disapprove a tentative map of a sub-
division because of flood hazard and inundation and require
protective improvements to be constructed as a condition pre-
cedent to approval of the map.
Section 13. Improvements and General Kequirements.
13.1. The subdivider shall improve or agree to improve all streets
highways, alleys, or ways and in such manner and with such improve-
ments as are necessary for the general use of the lot owners in the
subdivision and local neighborhood traffic and drainage needs as a con-
dition precedent to the approval and acceptance of the final map.
Improvements shall be installed to permanent line and grade and
to the satisfaction of the (City Engineer, County Surveyor or County
Engineer) in accordance with Standard Subdivision Improvement
Specifications of the (City-County) of on file in the office
of the (City-County) clerk, the Planning Commission, and the (City
Engineer, County Surveyor or County Engineer). Improvements which
the subdivider shall make, agree to make, or cause to be made at the
cost of the subdivider, prior to acceptance and approval of the final
subdivision map by the governing body shall be :
(1) Improvement of all streets, highways, public ways, and alleys
which are a part of the subdivision to a standard necessar}- for
the general use of the residents in the subdivision and local
neighborhood traffic and drainage needs.
(2) Provision of an adequate domestic water supply system together
with the installation of fire hydrants necessary for reasonable
fire protection. This requirement may be waived by the Planning
Commission due to unusual or exceptional circumstances.
(3) In subdivisions within reasonable distance of a sanitary sewage
disposal system, the installation of a complete sewage system
connected thereto.
SUBDIVISION MANUAL 83
(4) In districts where no sanitary sewage disposal system exists and
where the subdivision is not within a reasonable distance of the
same, other provisions for disposal of sewage shall be made.
13.2. All subdivision improvements must be constructed in accord-
ance with the plans, profiles and cross sections, and specifications filed
by the subdivider with and approved by the (City Engineer, County
Surveyor or County Engineer) and shall be constructed under the
supervision of the (City Engineer, County Surveyor or County Engi-
neer) and to permanent grades approved by him. The subdivider may
be required to pay the actual reasonable cost of improvement plan
checking and construction supervision.
Section 14. Improvement Bond.
14.1. If the required improvement work is not completed satis-
factorily before the final map is filed, the owner or owners of the sub-
division shall concurrently with the approval of such map enter into an
agreement with the governing body agreeing to have the work com-
pleted within the time specified in said agreement. Said agreement
may provide for the improvements to be installed in units, for exten-
sions of the time under specified conditions, or for the termination of
the agreement upon a reversion of the subdivision or a part thereof
to acreage. Such agreement shall be secured by a good and sufficient
bond payable to the (City-County) approved by the governing body,
or by the deposit of money or negotiable securities with the (City-
County) as provided in the Subdivision Map Act.
The foregoing shall not preclude the owner or owners of the sub-
division from entering into a contract with the governing body in the
manner authorized by Section 11612 of the Business and Professions
Code, by which such owner or owners agree to initiate and to con-
sumate proceedings under an appropriate special assessment act for
the formation of a special assessment district covering the subdivision
or part thereof, for the financing and construction of designated im-
provements upon the streets or easements dedicated by the map.
14.2. After the final map has been recorded, all subdivision im-
provements properly installed in accordance with previously approved
plans and specifications shall be accepted by the governing body im-
mediately upon satisfactory completion, and the subdivider and any
other person or agency having an interest in such completion shall be
notified in writing by the governing body of such completion and
acceptance. At the time of such acceptance, the public agency shall
take over the subdivision improvements for public maintenance.
Section 15. Survey and Monuments.
15.1. Survey. An accurate and complete survey shall be made of
the land to be subdivided.
(1) A traverse sheet in a form approved by the (City Engineer,
County Surveyor or County Engineer) giving latitudes, de-
partures, and coordinates, and showing the mathematical closure,
together with complete sets of blue line or black and white check
prints or the final map, shall be submitted to the (City Engineer,
84 SUBDIVISION MANUAL
County Surveyor or County Engineer) for checking and ap-
proval. The traverse of the exterior boundaries of the tract and
of each block, when computed from field measurements of the
ground must close within a limit of error required by the (City
Engineer, County Surveyor or County Engineer) consistent with
the character of the subdivided land.
(2) Wherever the (County Surveyor, County Engineer or City En-
gineer) has established a S3'stem of coordinates, then the survey
may be in reference to such system.
(3) All monuments, property lines, center lines of streets, alleys and
easements, adjoining or within the tract, shall be in reference to
the survey.
15.2. Monuments shall be defined as consisting of either :
(1) New galvanized iron pipe not less than one inch in diameter
and 36 inches long.
(2) Reinforced concrete posts 6 inches by 6 inches in cross-section
or 6 inches in diameter and 30 inches long.
(3) All monuments shall have a copper plate or disk, securely at-
tached to the top of the monument by a copper dowel or nail
not less than two and one-half inches long firmly imbedded in
concrete and marking the exact center. The registered license
number of the engineer or surveyor shall be stamped upon the
copper plate or disk.
(4) In making the survey, the engineer or surveyor shall set monu-
ments in such a manner that the property Hues may be retraced
in any area of the subdivision with a minimum of difficulty.
(5) Where the exterior boundaries of the subdivision are existing
street lines and on all interior street lines of the subdivision the
engineer or surveyor shall set monuments in the street areas,
preferably on the street center line, and located so as to deter-
mine the street lines bounding each block. Due consideration
shall be given to visibility of monuments, one from another, for
the purpose intended.
(6) In areas where streets are to be paved with Portland cement
concrete, the monuments in the street areas shall be set so that
the tops are at least seven and one-half inches below top of fin-
ished pavement grade and enclosed in cast iron receptacles, with
cast iron covers of a type acceptable to the (City Engineer,
Country Survej'Or or Countj^ Engineer) set flush with the tops
■ of finished pavement grade and supported independentl.y of the
monuments. Where other types of pavement are to be permitted,
monuments of a type specified by the (City Engineer, County
Surveyor or County Engineer) shall be installed.
(7) Monuments may be set after approval of the final map but not
later than the time of acceptance of the subdivision improve-
ment by the governing body, provided a cash deposit or ap-
proved bond in an amount set by the (City Engineer, County
Surveyor or County Engineer) is filed by the subdivider with
the (City-County) guaranteeing such work.
SUBDIVISION MANUAL 85
(8) All monuments and their location shall be subject to inspection
and approval by the (City Engineer, County Surveyor or
County Engineer),
(9) Redwood or Douglas Fir liubs, each two inches square in cross-
section and not less than twelve inches in lengtli, or |" iron pipe
24" long, shall be driven flush with the surface of the ground at
all lot corners, angle points, and curve points where no monu-
ments are set and in each case the exact corner shall be marked
by a metal tack.
Section 16. Modifications.
16. The Planning Commission may recommend that the governing
body modify any of the requirements and regulations set forth in this
ordinance. Application for any such modification shall be made in
writing by the subdivider, stating fully the grounds of the application
and the facts relied upon by the subdivider. Such application shall be
filed with the tentative map of the subdivision. In order for the prop-
erty referred to in the application to come within the provisions of this
section, it shall be necssary that the Planning Commission shall find
the following facts with respect thereto.
(1) That there are special circumstances or conditions affecting said
property.
(2) That the modification is necessary for the preservation and en-
joyment of a substantial property right of the petitioner.
(3) That the granting of the modification will not be detrimental to
the public welfare or injurious to other property in the territory
in which said property is situated.
16.2. In recommending the authorization of any modification under
the provisions of this section, the Planning Commission shall report to
the governing body its findings with respect thereto and all facts in
connection therewith, and shall specifically and fully set forth the
modification recommended and the conditions designated.
16.3. Upon receipt of such report, the governing body may authorize
the Planning Commission to approve the tentative map with the modi-
fications recommended.
16.4. In all cases in which such modifications are authorized, the
Planning Commission shall require such evidence as it deems necessary
that the conditions required in connection with such modifications are
being complied with.
Section 17. Validity.
17.1. If any section, subsection, sentence, clause, or phrase of this
ordinance is for any reason held to be invalid or unconstitutional by
the decision of any court of competent jurisdiction, such decision shall
not affect the validity of the remaining portions of the ordinance. The
governing body of the (City-County) of , State of California,
hereby declares that it would have passed this ordinance with each
section, subsection, sentence, clause, and phrase thereof, irrespective
of the fact that any one or more sections, subsections, clauses, or phrases
be declared invalid or unconstitutional.
5 — L-4155
86 subdivision manual
Section 18. Short Title.
18.1. This ordinance may be referred to as the " Subdivi-
sion Ordinance. ' '
Section 19. Penalties for Violation.
19.1. Any offer to sell, contract to sell contrary to the provisions of
this ordinance shall be a misdemeanor, and any person, firm, corpora-
tion, partnership or co-partnership, upon conviction thereof, shall be
punishable by a fine of not less than $25 and not more than $500, or
by imprisonment in the county jail for a period of not more than six
months, or by both such fine and imprisonment, except that nothing
herein contained shall be deemed to bar any legal, equitable, or sum-
mary remedy to which the city, county or other political subdivision or
any person, firm, corporation, partnership, or co-partnership may other-
wise be entitled.
Section 20. Eepeal.
20.1. All ordinances or parts of ordinances of said county in con-
flict with this ordinance, to the extent of such conflict and no further,
are hereby repealed.
Section 21. Enactment.
21.1. This ordinance shall be and is hereby declared to be in full
force and effect from and after 30 days after the date of its passage.
Regularly passed and adopted by the governing body of the (City-
County) of , State of California, on this day of ,
19 , by the following roll call vote :
APPENDIX A
SUBDIVISION MAP ACT
(From Business and Professions Code, as amended and in effect September 11, 1957)
Chapter 2. Subdivision Maps
Article 1. General Provisions
11500. This chapter may be cited as the Subdivision Map Act.
11501. The definitions in this article apply to the provisions of this
chapter only and do not affect any other provisions of this code.
11502. "County surveyor" includes county engineer, if there is no
county surveyor.
11503. "Tentative map" refers to a map made for the purpose of
showing the design of a proposed subdivision and the existing condi-
tions in and around it and need not be based upon an accurate or de-
tailed final survej'- of the property.
11504. "Final map" refers to a map prepared in accordance with
the provisions of this chapter and those of any applicable local ordi-
nance, which map is designed to be placed on record in the office of
the county recorder of the county in which any part of the subdivision
is located.
11505. (Repealed by Stats. 1955, Ch. 1593.)
11506. "Local ordinance" refers to an ordinance regulating the
design and improvement of subdivisions, enacted by the governing
body of any city or county under the provisions of this chapter or
any prior statute, regulating the design and improvement of subdi-
visions, insofar as the provisions of the ordinance are consistent with
and not in conflict with the provisions of this chapter.
11507. "Subdivision" refers to any land or portion thereof subject
to the provisions of this chapter as provided in Section 11535.
(Amended by Stats. 1957, Ch. 39.)
11508. "Subdivider" refers to a person, firm, corporation, partner-
ship or association who causes land to be divided into a subdivision for
himself or for others.
11509. "Advisory agency" refers to an official or an official body
designated by a local ordinance and charged thereby with the duty
of making investigations and reports on the design and improvement
of proposed subdivisions.
11510. "Design" refers to street alignment, grades and widths,
alignment and widths of easements and right of ways for drainage and
sanitary sewers and minimum lot area and width.
11511. "Improvement" refers to only such street work and utili-
ties to be installed, or agreed to be installed by the subdivider on the
land to be used for public or private streets, highways, ways, and ease-
ments, as are necessary for the general use of the lot owners in the
subdivision and local neighborhood traffic and drainage needs as a
(87)
88 SUBDIVISION MANUAL
condition precedent to the approval and acceptance of the final map
thereof,
(Amended by Stats. 1955, Ch. 1593.)
Article 2. Administration
11525. Control of the design and improvement of subdivisions is
vested in the governing bodies of cities and of counties but, in all mat-
ters concerning such design and improvement, any decision by a gov-
erning body is subject to review as to its reasonableness by the superior
court in and for the county in which the land is situated. Every county
and city shall adopt an ordinance regulating and controlling the design
and improvement of subdivisions.
Any subdivider or person claiming to be aggrieved by the decision
of a governing body may within 90 days after the rending of the
decision bring a special jDroceediug in the superior court to determine
the reasonableness of the decision. The proceeding shall take precedence
over all matters upon the calendar of the court, criminal, probate,
eminent domain and forcible entry and unlawful detainer proceedings
excepted.
(Amended by Stats. 1953, Ch. 1566.)
11526. The design, improvement and survey date of subdivision and
the form and content of tentative and final maps thereof, and the proce-
dure to be followed in securing official approval are governed by the
provisions of this chapter and by the additional provisions of local
ordinances dealing with subdivisions, the enactment of which is re-
quired by this chapter.
(Amended by Stats. 1955, Ch. 1593.)
11527. The governing body of a county has jurisdiction only to
approve the map of a subdivision, or such part thereof, as may lie
within unincorporated area, and the governing body of a city has juris-
diction only to approve a map of a subdivision, or such part thereof,
as may lie within the incorporated area of the city.
11528. The legislative body of any city or county which desires to
inspect and make recommendations concerning the map or maps of pro-
posed subdivisions adjacent to but outside of its jurisdictional boundary
line, may file with the clerk of the governing body or the advisory
agency of any adjoining city or county having jurisdiction, a map or an
amended map of territory within such second mentioned city or county
in which territory it is interested in proposed subdivisions. The terri-
tory may not extend a distance of more than three miles from the com-
mon boundary line of the cities or counties.
The clerk of the governing body or the advisory agency of the city
or county having jurisdiction shall issue a receipt for the territorial
map and thereafter shall transmit to the official designated by the re-
questing city or countj^ within three days after the receipt thereof,
one copy of each tentative map of any subdivision located wholly or
partly within the territory outlined on the territorial map.
Any requesting city or county, which receives a copy of a tentative
map, shall make its recommendations, if any, to the clerk of the govern-
ing body or advisory agency from which the tentative map was received
within 15 days after receipt thereof. The recommendations shall be
SUBDIVISION MANUAL 89
taken into consideration by the governing body or advisory agency of
the city or county having jurisdiction before action is taken upon the
tentative map.
11528.1. The State Department of Public "Works may file with the
governing body of any city or county having jurisdiction, a map or an
amended map of any territory within one mile on either or both sides of
said state highway routing in which territory it believes subdivision
development would have an effect upon an existing state highway or a
future state highway the route of which has been adopted by the Cali-
fornia Highway Commission.
The clerk of the governing body or the advisory agency of the city
or county having jurisdiction shall issue a receipt for the territorial
map and thereafter shall transmit to the district office of the division
of highways of said department in the district in which the proposed
subdivision is located, within three days after the receipt thereof, one
copy of each tentative map of any subdivision located wholly or partly
within the territory outlined on the territorial map.
The department, upon receiving a copy of the tentative map, may,
within 15 days after receipt thereof, make recommendations to the
appropriate agency of the city or county in connection therewith re-
garding the effect of the proposed subdivision upon said highway or
highway route.
(Added by Stats. 1955, Ch. 1012.)
11529. The county surveyor or city engineer shall make such de-
tailed examination of final maps and such field check, if any, as may be
necessary to enable him to make the certificate required by Section
11593. Local ordinances may provide a proper and reasonable fee to be
collected from the subdivider for such examination.
(Amended by Stats. 1955, Ch. 1593.)
11530. A certified copy of each local ordinance and amendments
thereto shall be recorded in the office of the county recorder.
11531. Any person, firm, corporation, partnership, or association
who proposes to subdivide any property located outside the boundaries
of any city, may file a tentative map of the proposed subdivision with
the advisory agency of such city (or with the clerk of the governing
body of such city if there is no advisory agency). The tentative map
may, in the discretion of the advisory agency or governing body of the
city, be acted upon in the manner provided in Article 4 of this chapter,
except that if it is approved such approval shall be conditioned upon
annexation of the property to such city within such period of time as
shall be specified by the advisory agency or governing body of the city.
No final map, based on such a tentative map, shall be approved as
provided in this chapter until annexation of such property to the city
has been completed. If annexation is not completed within the time
specified or any extension thereof then the approval of such tentative
map shall be null and void. No subdivision of unincorporated territory
may be effected by approval of a tentative map by the advisory agency
or governing body of a city unless annexation thereof to the city is
completed prior to the approval of filing for record of the final map
thereof.
(Amended by Stats. 1955, Ch. 1593.)
90 SUBDIVISION MANUAL
Article 3. Scope of Regulation
11535. (a) "Subdivision" refers to any real property, improved or
unimproved, or portion thereof, shown on the latest adopted county tax
roll as a unit or as contiguous uuits, which is divided for the purpose of
sale or lease, whether immediate or future, by any subdivider into five
or more parcels within any one-year period ; provided, that this chapter
shall not apply to the leasing of apartments, offices, stores, or similar
space within an apartment building, industrial building, commercial
building, or trailer park, nor shall this chapter apply to mineral, oil
or gas leases.
(b) "Subdivision" does not include either of the following:
(1) Any parcel or parcels of land in which all of the following con-
ditions are present: (i) which contain less than five acres, (ii) which
abut upon dedicated streets or highwaj's, (iii) in which street opening
or widening is not required hy the governing body in dividing the land
into lots or parcels, and (iv) the lot design meets the approval of the
governing body.
(2) Any parcel or parcels of land divided into lots of parcels, each
of a net area of one acre or more, a tentative map of which has been
submitted to the governing body and has been approved by it as to
street alignment and widths, drainage provisions and lot design.
(e) In either case provided in subsection (b) of this section, there
shall be filed a record of survey map pursuant only to the provisions of
Chapter 15, of Division 3 of this code and conveyances may be made of
lots or parcels shown on such map by lot or block number, initial or such
other designation as may be shown on such map.
(d) Nothing contained in this chapter shall apply to land dedicated
for cemetery purposes under the Health and Safety Code of the State of
California.
(Amended by Stats. 1957, Ch. 1039.)
11536. Nothing contained in this chapter prevents the recording
under the provisions of this chapter and any applicable local ordinances
of a final map of any land not defined as a subdivision.
11537. (a) This chapter does not prohibit the filing of a map in
accordance with the provisions of Chapter 3 of this part and the use
thereof for purposes therein provided.
(b) A final map may be recorded under the provisions of this chapter
for the purpose of showing an acreage land previously subdivided into
parcels or lots or blocks, and a map may likewise be recorded if it does
not divide into two or more taxable parcels any parcel of land which is
described as a unit on the latest adopted county tax roll. In either of the
cases mentioned in this subsection, if sufficient recorded data exists from
which an accurate map may be compiled, there need not be a certificate
by a surveyor or engineer.
(c) A tax bond shall not be required in any of the cases covered by
this section.
(Amended by Stats. 1955, Ch. 1593.)
11538. (a) It is unlaAvful for any person to offer to sell or lease,
to contract to sell or lease, or to sell or lease any subdivision or any
part thereof until a final map thereof in full compliance with the pro-
visions of this chapter and any local ordinance has been duly recorded
SUBDIVISION MANUAL 91
or filed iu the office of the recorder of the county in which any portion
of the subdivision is located.
(b) Subsection (a) does not apply to any parcel or parcels of a sub-
division offered for sale or lease, contracted for sale or lease, or sold or
leased in compliance with or exempt from any law (including a local
ordinance), regulating the design and improvement of subdivisions in
effect at the time the subdivision was established.
(Amended by Stats. 1955, Ch. 1593.)
11539. Conveyances of any part of a subdivision shall not be made
by lot or block number, initial or other designation, unless and until
a final map has been recorded.
11540. Anj^ deed of conveyance, sale or contract to sell made con-
trary to the provisions of this chapter is voidable at the sole option of
the grantee, buyer or person contracting to purchase, his heirs, personal
representative, or trustee in insolvency or bankruptcy within one year
after the date of execution of the deed of conveyance, sale or contract
to sell, but the deed of conveyance, sale or contract to sell is binding
upon any assignee or transferee of the grantee, buyer or person con-
tracting to purchase, other than those above enumerated, and upon the
grantor, vendor, or person contracting to sell, or his assignee, heir or
(Amended by Stats. 1949, Ch. 672.)
11540.1. Nothing in this chapter prevents the governing body of
any municipality or county from regulating the division of land which
is not a subdivision, but the validity of any conveyance, as defined in
Section 1215 of the Civil Code, made contrary to the provisions of any
ordinance prescribing the area or dimensions of lots or parcels, or pro-
hibiting the reduction in area or the separation in ownership of land,
or requiring the filing of a map of any land to be divided, shall not be
affected, except that any such ordinance may provide that any deed of
conveyance, sale or contract to sell made contrary to the provisions of
such ordinance is voidable to the extent and in the same manner pro-
vided in Section 11540.
(Added by Stats. 1949, Ch. 1100.)
Note : Stats. 1949, Ch. 1100 also contained the following section :
Sec. 2. As to any conveyance executed prior to the taking effect of this act and
alleged to be in violation of any municipal or county ordinance or regulation pre-
scribing the area or dimensions of lots or parcels, or prohibiting the reduction in
area or separation in ownership of land, or requiring the filing of a map of any land
to be divided, a proceeding or defense based on alleged invalidity of such conveyance
by reason of such violation can be commenced or maintanied only within one year
after the execution of such conveyance or prior to October 1, 1950, whichever time
is later, but this provision does not extend, enlarge, or revive any rights with respect
to proceedings or defenses which have heretofore expired or been lost by lapse of
time or otherwise.
11541. Any offer to sell, contract to sell, sale, or deed of conveyance
made contrary to the provisions of this chapter is a misdemeanor, and
any person, firm or corporation, upon conviction thereof, shall be pun-
ishable by a fine of not less than twenty-five dollars ($25) and not
more than five hundred dollars ($500), or imprisonment in the county
jail for a period of not more than six months, or by both such fine and
imprisonment.
(Amended by Stats. 1949, Ch. 672.)
92 SUBDIVISION MANUAL
11542. This chapter does not bar any legal, equitable, or summary
remedy to which any aggrieved municipality or other political subdivi-
sion, or any person, firm or corporation may otherwise be entitled, and
any such municipality or other political subdivision or person, firm or
corporation may file a suit in the superior court of the county in which
any property attempted to be subdivided or sold in violation of this
chapter is located, to restrain or enjoin any attempted or proposed
subdivision or sale in violation of this chapter.
11543. Whenever a local ordinance requires that a subdivider in-
stall sewers, drains, or other facilities for sewers and drains as a condi-
tion precedent to the acceptance of a final map, and where, in the
opinion of the governing body it is necessary that laterals or other
facilities be constructed which can be, or will be, used for the benefit of
property not in the subdivision, and such sewers, drains, or other facili-
ties are dedicated to the public, the governing body may by contract
with the subdivider agree to reimburse and may reimburse the sub-
divider for such lateral or other facility. Such contract shall provide
that the governing body may collect from any person using such lateral
or other facility for the benefit of property not within such subdivision
a reasonable charge for such use.
(Amended by Stats. 1955, Ch. 1593.)
11544. Whenever the governing body has reimbursed or agreed to
reimburse a subdivider for the construction of a lateral or other facility
which can or will be used by persons for the benefit of property other
than that being subdivided by such subdivider, such governing body
may impose and collect for such use a reasonable charge.
(Amended by Stats. 1955, Ch. 703.)
11545. The word "person" as used in Sections 11543 and 11544 of
this code includes districts formed for the purpose of constructing or
maintaining sewers. Charges imposed on such districts pursuant to
Section 11544 shall be included in assessments levied for district pur-
poses and in any bonds which may be issued by such districts.
(Added by Stats. 1951, Ch. 967.)
Article 4. Tentative Maps
11550. The initial action in connection with the making of any sub-
division shall be the preparation of a tentative map or maps which shall
show, or be accompanied by, such data as are specified in the local
ordinance in addition to the data specified by the provisions of this
chapter.
The subdivider shall file copies of the tentative map or maps with the
advisory agenc}' or with the clerk of the governing body if there is no
advisory agency.
The official with whom the tentative map or maps are filed shall com-
ply with the provisions of Section 11528 with respect to the request of
any adjoining city or county.
11551. In case there is a local ordinance, the subdivider shall comply
with its provisions before the map or maps of a subdivision may be ap-
proved. In case tliere is no local ordinance, the governing body may, as
a condition precedent to the approval of the map or maps of a subdivi-
sion, require streets and drainage waj^s properly located and of ade-
quate width, but may make no other requirements.
SUBDIVISION MANUAL 93
11551.5. The governing bod}^ of any city or county may disapprove
a tentative map or maps of a subdivision because of flood hazard and
inundation and require protective improvements to be constructed as a
condition precedent to approval of the map or maps.
(Added by Stats. 1953, Ch. 1335.)
11552. If there is no advisory agency, the clerk of the governing
body shall submit the tentative map to the governing body at its next
regular meeting, which shall act thereon within 40 days thereafter.
If there is an advisory agency, it shall report on the map or maps of
any subdivision submitted to it within 30 days after the tentative map
lias been filed and the report shall approve, conditionally approve or
disapprove the map or maps of the subdivision.
The governing body may authorize the advisory agency to report its
action direct to the subdivider. If the governing body does not so au-
thorize the advisory agency, the advisory agency shall make its report
to the governing body, which body shall act upon the report within 10
days or at its next succeeding regular meeting after receipt of the
report.
If the subdivider is dissatisfied with any action of the advisory agency
with respect to the tentative map, or the kinds, nature and extent of
the improvements recommended by the advisory agency to be required,
he may, within 15 days after such action, appeal to the governing body
for a public hearing thereon. The governing body shall hear the appeal,
upon notice to the subdivider and the advisory agency, unless the sub-
divider consents to a continuance, within 10 days or at its next suc-
ceeding regular meeting. At the time fixed for the hearing the governing
body shall proceed to hear the testimony of the subdivider or any
witnesses in his behalf and the testimony of the representatives of the
advisory agency or any witnesses in its behalf. It may also hear the
testimony of other competent persons respecting the character of the
neighborhood in which the subdivision is to be located, the kinds, nature
and extent of improvements, the quality or kinds of development to
which the area is best adapted and any other phase of the matter with
respect to whicli it may desire to inquire into.
Upon conclusion of the hearing the governing body shall within seven
days declare its findings based upon the testimony produced before it.
It may sustain, modify, reject or overrule any recommendations or
rulings of the advisory agency and may make such findings as are not
inconsistent with the provisions of this chapter or local ordinance
adopted pursuant to this chapter.
(Amended by Stats. 1943, Ch. 668.)
11553. The time limits for acting and reporting on tentative maps as
specified in this article may be extended by mutual consent of the
subdivider and the governing body or advisory agency as the case may
be.
If no action is taken within these time limits, the tentative map as
filed shall be deemed to be approved and it shall be the duty of the
clerk of the governing body to certify the approval ; provided, however,
if the advisory agency has reported upon the tentative map within the
time limits, has recommended approval or conditional approval and
has not disapproved said map and the governing body has failed to act
upon the tentative map within the time prescribed by Section H552 of
94 SUBDIVISION MANUAL
this code, at the option of the subdivider, the tentative map upon the
conditions, if any, set forth in the report of the advisory agency shall be
deemed approved and it shall be the duty of the clerk of the governing
bodv to certify the approval.
(Amended by Stats. 1955, Cli. 1144.)
11554, Within one year after approval or conditional approval of
the tentative map or maps, the subdivider may cause the subdivision, or
any part thereof, to be surveyed and a final map to be prepared in
accordance with the tentative map as approved. Upon application of the
subdivider an extension of not exceeding one year may be granted by
the governing bod5^
(Amended by Stats. 1955, Ch. 1593.)
11555. Any failure to record a final map within one year from the
approval or conditional approval of the tentative map or any extension
thereof granted by the governing body, shall terminate all proceedings.
Before a final map may thereafter be recorded, a new tentative map
shall be submitted.
(Amended by Stats. 1955, Ch. 1593.)
Article 5. Final Maps
11565. A final map under the provisions of this chapter shall com-
ply with all the provisions of the chapter, and, if there is a local ordi-
nance, with all of its provision.
(Amended by Stats. 1955, Ch. 1593.)
11566. The survey and final map shall be made by a registered civil
engineer or licensed surveyor who shall set sufficient durable monu-
ments so that another engineer or surveyor may readily retrace the
survey. Monuments need not be set at the time the survey is made if a
satisfactory assurance is given of their being set later.
11567. The final map shall conform to all of the following provi-
sions :
(a) It shall be clearly and legibly drawn in black waterproof India
ink upon good tracing cloth, including affidavits and acknowledgments,
except that such certificates, affidavits and acknovvdedgments may be
legibly stamped or printed upon the map with opaque ink when recom-
mended b}^ the county recorder and authorized by the local governing
body by ordinance.
(b) The size of each sheet shall be 18 by 26 inches. A marginal line
shall be drawn completely around each sheet, leaving an entirely blank
margin of one inch. The scale of the map shall be large enough to show
all details clearly and enough sheets shall be used to accomplish this
end. The particular number of the sheet and the total number of sheets
comprising the map shall be stated on each of the sheets, and its rela-
tion to each adjoining sheet shall be clearly shown.
(c) It shall show all survey and mathematical information and data
necessary to locate all monuments and to locate and retrace any and
all interior and exterior boundary lines appearing thereon, including
bearings and distances of straight lines, and radii and arc length for
all curves, and such information as may be necessary to determine the
location of the centers of curves.
(d) Each lot shall be numbered and each block may be numbered
or lettered. Each street shall be named.
SUBDIVISION MANUAL 95
(e) The exterior boundary of the land inehidod within the subdivi-
sion shall be indicated by colored border. The map shall show the defi-
nite location of the subdivision, and particularly its relation to sur-
rounding surveys.
(f ) It shall also satisfy any additional survey and map requirements
of the local ordinance.
(Amended by Stats. 1953, Ch. 1444.)
Article 6. (Repealed by Stats. 1955, Ch. 1593)
Article 7. Certificates and Acknowledgments on Final Maps
11585. The certificates and acknowledgments for which provision is
made in this article shall appear on the final map and may be combined
where appropriate.
11586. A lien for State, county, municipal or local taxes and for
special assessments or beneficial interest under trust deeds or trust in-
terest under bond indentures, does not constitute an interest in land
for the purpose of this article.
11587. Signatures required by this article, of parties owning the
following types of interests, may be omitted if their names and the
nature of their respective interests are endorsed on the map :
(a) Rights of v/ay, easements or other interests, none of which can
ripen into a fee and which signatures are not required by the governing-
body.
(b) Rights of way, easements or reversions, which by reason of
changed conditions, long disuse or laches appear to be no longer of
practical use or value and which signatures it is impossible or imprac-
tical to obtain. In this case a reasonable statement of the circumstances
preventing the procurement of the signatures shall also be endorsed on
the map.
(c) Interests in or rights to minerals, including but not limited to
oil, gas, or other hydrocarbon substances, if (1) the ownership of such
interests or rights does not include a right of entry on the surface of
the land, or (2) the use of the land, or the surface thereof, in connec-
tion with the ownership of such interests or rights is prohibited by
zoning or other governmental regulations of the governing body and
the signatures of the owners of such interests or rights are waived by
the governing body.
(Amended by Stats. 1953, Ch. 565).
11588. Any map including territory originally patented by the
United States or the State of California, under patent reserving inter-
est to either or both of these entities, may be recorded under the provi-
sions of this chapter without the consent of the United States or the
State of California thereto or to dedications made thereon.
11589. A certificate, signed and acknowledged by all parties having
any record title interest in the land subdivided, consenting to the prep-
aration and recordation of the final map is required.
11590. In event of dedication, there is required a certificate signed
and acknowledged by those parties having any record title interest in
the land subdivided, offering certain parcels of land for dedication for
certain specified public uses, subject to such reservations as may be con-
tained in any such offer.
96 SUBDIVISION MANUAL
An offer of dedication for street or highway purposes may include
a waiver of direct access rights to any such street or highway from any
property shown on the final map as abutting thereon, and if the dedica-
tion is acc^ted, any such waiver shall become effective in accordance
with its provisions. Such waivers of access rights shall not be required
by local authorities as a condition precedent to the approval of any
final map.
The certificate may state that any certain parcel or parcels are not
offered for dedications. However, a local ordinance may require as a
condition precedent to the approval of any final map that any or all of
the parcels of land shown thereon and intended for any public use
shall be offered for dedication for public use except those parcels in-
tended for the exclusive use of lot owners in the subdivision, their
licensees, visitors, tenants and servants. In the event the streets or any
of them shown on a subdivision map are not offered for dedication the
certificate may contain a statement to this effect. If such statement ap-
pears on the map, and if the map is approved by the local governing
body, the use of any such street or streets by the public shall be per-
missive only.
(Amended by Stats. 1957, Ch. 1606.)
11591. There is required a certificate for execution by the clerk of
each approving governing body stating that the body approved the map
and accepted or rejected on behalf of the public anj^ parcels of land
offered for dedication for public use in conformity with the terms of the
offer of dedication.
11592. A certificate by the engineer or surveyor responsible for the
survey and final map is required. His certificate shall give the date of
the survey and state that the survey was made by him or under his
direction and that the survey is true and complete as shown.
The certificate shall also state that the monuments are of the char-
acter and occupy the positions indicated, or that they will be set in such
positions and at such time as is agreed upon under Section 11566. The
certificate shall also state that the monuments are or will be sufficient
to enable the survey to be retraced.
11593. (a) If a subdivision lies within an unincorporated area, a
certificate by the county surveyor and, if a subdivision lies within a
city, a certificate by the city engineer is required. The appropriate
official shall state that :
(1) He has examined the map.
(2) The subdivision as shown is substantially the same as it appeared
on the tentative map, and any approved alterations thereof.
(3) All provisions of this chapter and of any local ordinance ap-
plicable at the time of approval of the tentative map have been com-
plied with.
(4) He is satisfied that the map is technically correct.
(b) Upon mutual agreement between the county surveyor and any
city engineer, with the approval of their respective governing bodies,
the county surveyor may perform any or all of the duties assigned to
the city engineer, including the required certification. Whenever such
duties are divided between the county surveyor and the city engineer,
each officer shall certify to the duties performed by him. The county
SUBDIVISION MANUAL 97
surveyor or the city engineer, or other public official or employee au-
thorized to perforin each function, shall complete and file with his
governing body his certificate as required by this section within 20 days
from the time said final map is submitted to him by the subdivider for
approval.
(Amended by Stats. 1943, Ch. 668.)
Article 8. Taxes and Assessments
11600. Prior to the filing of the final map with the governing body,
the subdivider shall file with the clerk of the board of supervisors of
the county, in which any part of the subdivision is located, a certificate
from the official computing redemptions in any county or any municipal
corporation in which any part of the subdi^nsion is located, showing
that, according to the records of his office, there are no liens against
the subdivision or any part thereof for unpaid State, county, municipal
or local taxes or special assessments collected as taxes, except taxes or
special assessments not yet payable.
As to taxes or special assessments collected as taxes not yet payable,
the subdivider shall file with the clerk of the board of supervisors men-
tioned, a certificate by each proper officer giving his estimate of the
amount of taxes and assessments which are a lien but which are not yet
payable.
11601. Whenever any part of the subdivision is subject to a lien for
taxes or special assessments collected as taxes which are not yet pay-
able, the final map shall not be recorded until the owner or subdivider
executes and files with the board of supervisors of the county wherein
any part of the subdivision is located, a good and sufficient bond to be
approved by the board and by its terms made to inure to the benefit of
the county and conditioned upon the payment of all State, county,
municipal and local taxes and all special assessments collected as taxes,
which at the time the final map is recorded are a lien against the prop-
erty, but which are not yet payable. In lieu of a bond, a deposit may be
made of money or negotiable bonds in the same amount, and of the kind
approved for securing deposits of public money.
11602. If the land being subdivided is a portion of a larger parcel
shown on the last preceding tax roll as a unit, the bond or deposit for
payment of taxes need be only for such sum as may be determined by
the board of supervisors to be sufficient to pay the taxes on the land
l)eing subdivided, together with all accrued penalties and costs if such
taxes are allowed to become delinquent.
If the land being subdivided is sold for taxes it may be redeemed from
such sale without the redemption of the remainder of the larger parcel
of which it is a part pursuant to the provisions of the Revenue and
Taxation Code as if it were held in ownership separate from and other
than the ownership of the remainder.
11603. "Whenever land subject to a special assessment or bond which
may be paid in full, is divided by the line of a lot or parcel of the sub-
division, such assessment or bond shall be paid in full or a bond filed
with the board of supervisors in all respects similar to that provided in
this article, payable to the county as trustee for the assessment bond-
holders for the payment of such special assessments.
98 SUBDIVISION MANUAL
11604. If the taxes or special assessments secured by bond or deposit
are allowed to become delinquent, the county shall recover from the
surety the principal sum of the bond wthout proof of loss.
The clerk of the board of supervisors shall apply the sum received in
payment of any or all of such taxes or special assessments, including
penalties and costs, if any, accruing thereto, to the proper State, county,
municipal or district officers, for the satisfaction of the tax and special
assessment liens, and shall pay the balance, if any, over to the surety.
11605. In the event that a deposit of money or negotiable bonds has
been made with the clerk of the board in lieu of a bond required by this
article, the clerk shall, subject only to such rules as the board of super-
visors may in its discretion provide, dispose of the negotiable bonds, if
any, and apply the proceeds thereof, and any money deposited with him,
to the pajTuent of the taxes and special assessments including penalties
and costs in the same manner provided when a bond has been executed.
In the event the clerk of the board, as a result of this section, has funds
in his possession and cannot locate the owner thereof, he shall deposit
the same in the county treasury for the benefit of the persons entitled
thereto.
Article 9. Final Approvals
11610. When all the certificates which appear on the final map
(except the approval certificate of the governing body) have been
signed and, where necessary, acknowledged, the final map may be filed
for approval.
If the subdivision lies entirely within the territory of a city, then
the filing shall be with the governing body of that city; if entirely
within the unincorporated area of a county, then with the governing
body of the county; and if partiallj^ within two or more of such terri-
tories then with the governing body of each, and in the latter case each
body shall act thereon as provided in this article.
11611. The governing body shall at its next meeting or within a
period of not more than ten days after the filing approve the map if it
conforms to all the requirements of this chapter and of any local ordi-
nance applicable at the time of approval of the tentative map, or any
rulings made thereunder.
The time limit for the approval of such map may be extended by
mutual consent of the subdivider and the governing body. If no action
is taken within such time limit or within the time to which it has been
extended by such mutual consent, the map, if it conforms to all the
requirements above set forth, shall be deemed to be approved, and it
shall be the duty of the clerk of the governing body thereupon to certify
the approval.
The governing body shall at that time also accept or reject any or
all offers of dedication and shall, as a condition precedent to the ac-
ceptance of any streets or easements, require that the subdivider, at
his option, either improve or agree to improve the streets or easements
in accordance with standards established by such governing body by
local ordinance.
_ The standards may be adopted by reference, without posting or pub-
lishing them, if they have been printed in book or pamphlet form and
SUBDIVISION MANUAL 99
three copies thereof have been filed for use and examination bj^ the
public in the office of the clerk of the local agency prior to the adoption.
(Amended by Stats. 1951, Ch. 339.)
11612. In the event an agreement for the improvement of the streets
or easements is entered into, the governing body may require that the
agreement shall be secured by a good and sufficient bond, or it may
accept, in lieu thereof, a cash deposit, which bond or cash deposit shall
be in an amount not in excess of the estimated cost of the improvement.
However, the subdivider, in lieu of the agreement to construct improve-
ments, and the bond or cash deposit to secure it, may enter into a con-
tract with the governing body, secured by a faithful performance bond
or cash deposit, if required by the governing body, in an amount not to
exceed the estimated cost of the improvement, by which he agrees,
within such time as may be provided in the contract, to initiate and to
consummate proceedings under an appropriate special assessment act
for the formation of a special assessment district covering the subdivi-
sion or part thereof, for the financing and construction of designated
improvements upon the streets or easements dedicated by the map. Any
such agreement or contract shall by its terms provide for the acceptance
of the work as it progresses and for partial withdrawal of the deposit,
in money or bonds, upon certificate of the county surveyor or the city
engineer, or other public official or employee authorized to perform
such function^ in a manner similar to cash payments under cash con-
tracts and under rules established by the governing body.
(Amended by Stats. 1955, Ch. 1145.)
11618. In lieu of any bond, a deposit may be made, either with the
proper governing body or a responsible escrow agent or trust company,
subject to the approval of the governing body, or money or negotiable
bonds of the kind approved for securing deposits of public money.
11614. Upon the execution by the subdivider, of either one of the
agreements or contracts and the posting of the required bond, or the
deposit of the required money or negotiable bonds, the map of such
subdivision shall forthwith be approved and accepted for recordation.
11615. Title to property the dedication of which is accepted shall
not pass until the final map is duly recorded under the provisions of
this chapter.
11616. If at the time the final map is approved any streets, paths,
alleys, or storm drainage easements are rejected, the offer of dedication
shall remain open and the governing body may by resolution at any
later date, and without further action by the subdivider, rescind its
action and accept and open the streets, paths, alleys, or storm drainage
easements for public use, which acceptance shall be recorded in the
office of the county recorder; provided, however, that if said offer of
dedication has never been accepted, the right to accept said offer as
to all or any of the streets, paths, alleys, or storm drainage easements
shown on the map may be terminated and abandoned in the same
manner as is prescribed for the abandonment or vacation of streets or
highways by Part 3, Division 9, or by Chapter 2, Division 2, of the
Streets and Highways Code, whichever is applicable.
100 SUBDIVISION MANUAL
If a resubdivision or reversion to acreage of the tract is subsequently-
filed for approval, any offer of dedication previously rejected shall be
deemed to be terminated upon the approval of the map by the gov-
erning body.
(Amended by Stats. 1955, Ch. 489.)
11617. If the subdivision lies within a city, subsequent to the ap-
proval of the final map by the governing body of the city, the clerk
of the governing body of the city shall thereupon transmit the map
to the clerk of the county board of supervisors. When all bonds, money
or negotiable bonds required under the provisions of this chapter to se-
cure the payment of taxes and assessments which are a lien on some
part of the subdivision but which are not yet payable, have been de-
posited with and approved by the board of supervisors, the clerk of the
board shall transmit the final map to the county recorder.
If the subdivision lies within unincorporated territory, then when
the map has been approved and the bonds, money or negotiable bonds
have been deposited and approved, the clerk of the board of supervisors
shall transmit the map to the recorder.
In either ease the clerk of the board of supervisors shall certify to
the recorder that the provisions of this chapter have been complied
with regarding deposits.
Article 10. Recording
11625. The subdivider shall present to the recorder evidence that
upon the date of recording, as shown by public records, the parties
consenting to the recordation of the map are all the parties having a
record title interest in the land subdivided whose signatures are re-
quired by the proAasions of Article 7, otherwise the map shall not be
recorded.
11626. Except as provided in Section 11537, no final map of a sub-
division shall be accepted by the county recorder for record unless
there has been a compliance with all provisions of this chapter and of
any local ordinance.
The recorder may have not more than 10 days to examine the final
map before accepting or refusing it for recordation.
11627. The approval in accordance with the provisions of this chap-
ter by the appropriate governing body or bodies, and the recordation
of the final map or the filing of a record of survey map shall auto-
matically and finally determine the validity of the map, so far as the
property thereon shown is included within such city, or county, under
the terms and provisions of this chapter and local ordinances.
11628. When any final map is presented to the county recorder and
is accepted by him, he shaU so certify on the face thereof and shall
fasten the same securely in a book of maps of subdivisions or of cities
and towns which he shall keep in his office. Upon acceptance by the
recorder, the final map shall be a public record.
(Amended by Stats. 1957, Ch. 1865.)
Chapter 3. Official ]\Iaps
11650. This chapter applies to all counties and, whether incorpo-
rated or not, to all cities, towns and villages in this State.
SUBDIVISION MANUAL 101
11651. As used in this chapter :
(a) "City Council or board of supervisors" includes the proper
corresponding governing board and authority in each place where the
chapter applies.
(b) ''City engineer" and "county surveyor" includes the like or
corresponding officer, subject to the direction of the corresponding
governing board and authority in each place where the chapter applies.
(c) If there is no city engineer or county surveyor subject to such
direction, the corresponding board and authority may employ compe-
tent engineers and surveyors to the extent necessary for the carrying
out of the purposes of this chapter in the places subject to its jurisdic-
tion, and the persons so appointed shall have the same authority and
shall perform the same duties as are given to and enjoined upon city
engineers and county surveyors, respectively, in like cases. The services
of engineers and survej^ors so employed shall be contracted for, ex-
amined, passed upon, audited and paid as are other debts contracted
by such governing boards and authorities.
11652. AVhenever any city, town or subdivision of land is platted or
divided into lots or blocks, and whenever any addition to any city, town
or subdivision is laid out into lots or blocks for the purpose of sale or
transfer, the city engineer or the county survej^or, under the direction
and with the approval of the city council or board of supervisors, may
make an official map of the city, town or subdivision, giving to each
block on the map a number, and to each lot or subdivision in the block
a separate number or letter, and giving names to such streets, avenues,
lanes, courts, commons or parks, as may be delineated on the offi-
cial map.
11653. The engineer or surveyor, under the direction and with the
approval of the city council or board of supervisors may compile the
map from maps on file, or may resurvey or renumber the blocks, or
renumber or reletter the lots in the blocks, or change the names of the
streets.
11654. Each and every map made and adopted under this chapter
shall be certified under the hands of a majority of the members and the
presiding officer and secretary and official seal, if any, of the authority
adopting the same. The certificate shall set forth in full the resolution
adopting the map, with the date of adoption.
11655. The map, so certified, shall be forthwith filed in the office of
the county recorder of the county wherein the platted lands are situate.
The recorder shall immediately securely fasten and bind each map so
filed in one of a series of firmly bound books to be provided, together
with the proper indexes thereof and appropriately marked for the re-
ception of the maps provided for in this chapter.
11656. The map shall become an official map for all the purposes of
this chapter when certified, filed and bound, but not before.
11657. Whenever the city council or board of supervisors adopts a
map prepared under this chapter as the official map of the subdivision,
town, city or county, it shall be lawful and sufficient to describe the lots
or blocks in any deeds, conveyances, contracts, or obligations affecting
any of the lots or blocks as designated on the official map, a reference
sufficient for the identification of the map being coupled with the de-
scription.
102 SUBDIVISION MANUAL
11658. All surveys and the field notes thereof made by any engi-
neer or surveyor, under the provisions of this chapter, or in surveying
officially any lots or parcels of land in any city, town or county for the
purposes of any map under this chapter, shall be filed in the office of
the surveyor or engineer, as the case may be, and shall become a part
of the public records of the city, town or county.
30043. The following acts and parts of acts, together with all acts
amendatory thereof and supplementary thereto, are repealed.
General Laws
Year Chapter Page
1937 670 1863
Political Code
Section 3658a
Excerpt From Revenue and Taxation Code
325. When a map has been adopted as an official map under Chapter
3 of Part 2 of Division 4 of the Business and Professions Code, land
may be described bv numbers or letters as shown on the official map.
(Amended by Stats. 1943, Ch. 128.)
APPENDIX B
REAL ESTATE SUBDIVISION LAW
(From Business and Professions Code as amended and in effect
September 11, 1957)
DIVISION 4. REAL ESTATE
PART 2. REGULATIONS OF TRANSACTIONS
Chapter 1. Subdivided Lands
Article 1, General Provisions
11000, "Subdivided lands" and "subdivision" refer to improved
or unimproved land or lands divided or proposed to be divided for the
purpose of sale or lease, whether immediate or future, into five or more
lots or parcels; provided, however, that land or lands sold by lots or
parcels of not less than 160 acres which are designated by such lot or
parcel description by government surveys and appear as such on the
current assessment roll of the county in which such land or lands are
situated shall not be deemed to be "subdivided lands" or "a subdivi-
sion" within the meaning of this section, unless such land or lands are
divided or proposed to be divided for the purpose of sale for oil and gas
purposes, in which case such land or lands shall be deemed to be "sub-
divided lands" or "a subdivision" within the meaning of this section;
and provided further, this chapter does not apply to the leasing of
apartments, offices, stores, or similar space within an apartment build-
ing, industrial building, or commercial building, except that the leasing
of apartments in a community apartment project, as defined in Section
11004 shall be subject to the provisions of this chapter.
(Added by Stats. 1943, Ch. 127; amended by Stats. 1947, Ch. 454,
effective Mav 31, 1947 ; amended by Stats. 1947, Ch. 1445 ; amended by
Stats. 1955, Ch. 1013.)
11000.5. Land or lands, improved or unimproved, divided or pro-
posed to be divided for sale or lease shall not be deemed "subdivided
lands" or a "subdivision" within the meaning of Section 11000 if such
lands are to be sold or leased solely for commercial agricultural purposes
in parcels of 20 acres or more.
(Added by Stats. 1955, Ch. 1863.)
11001. The Real Estate Commissioner (hereafter referred to in this
chapter as the commissioner) may adopt, amend, or repeal such rules
and regulations as are reasonably necessary for the enforcement of this
chapter. He may issue any order, permit, decision, demand or require-
ment to effect tiiis purpose. Such rules, regulation, and orders shall be
adopted pursuant to the provisions of the Administrative Procedure
Act.
(Added by Stats. 1943, Ch. 127 ; amended by Stats. 1957, Ch. 1750.)
(103)
104 SUBDIVISION MANUAL
11002. No lien, encumbrance, option, contract or trust agreement
existing on August 14, 1931, and no extension, renewal or refinancing
of any such existing lien, encumbrance, option, contract or trust agree-
ment shall be affected by any amendment to Section 20a of the Califor-
nia Real Estate Act by Chapter 601 of the Statutes of 1931 and any
continuation of such amendments in this chapter.
(Added by Stats. 1943, Ch. 127.)
11004. A community apartment project in which an undivided
interest in the land is coupled with the right of exclusive occupancy
of any apartment located thereon is subject to the provisions of this
part.
(Added by Stats. 1955, Ch. 1013.)
Article 2. Investigation, Regulation and Report
11010. Prior to the time when subdivided lands are to be offered
for sale or lease, the owner, his agent or subdivider shall notify the
commissioner in writing of his intention to sell or lease such offering.
The notice of intention shall contain the following information:
(a) The name and address of the owner.
(b) The name and address of the subdivider.
(c) The legal description and area of lands.
(d) A true statement of the condition of the title to the land, par-
ticularly including all encumbrances thereon.
(e) A true statement of the terms and conditions on which it is
intended to dispose of the land, together with copies of any contracts
intended to be used.
(f ) A true statement of the provisions, if any, that have been made
for public utilities in the proposed subdivision, including water, elec-
tricity, gas and telephone facilities.
(g) Such other information as the owner, his agent, or subdivider,
may desire to present.
(Added by Stats. 1943, Ch. 127 ; amended by Stats. 1943, Ch. 638 ;
amended by Stats. 1953, Ch. 731.)
11011. After receiving the notice of intention, the commissioner may
require such additional information concerning the project as he deems
necessary, for which purpose he may prepare a questionnaire for the
owner, his agent or subdivider, to answer. A filing fee of fifty dollars
($50) shall accompany the answered questionnaire.
(Added by Stats. 1948, Ch. 127.)
11011.5. The questionnaire concerning any subdivision proposed to
be sold or leased as potential mineral, oil or gas property shall be ac-
companied by a filing fee of one hundred fifty dollars ($150).
(Added by Stats. 1943, Ch. 749; amended by Stats. 1955, Ch. 1739.)
11011.6. Any owner, agent or subdivider who fails to pay the filing
fees required by Sections 11011 or 11011.5 shall be liable civilly in an
action brought by the Real Estate Division, for a penalty in an amount
equal to treble the amount of unpaid fees.
(Added by Stats. 1945, Ch. 660.)
11012. It is unlawful for the owner, his agent, or subdivider, of the
project, after it is submitted to the Real Estate Division, to materially
f
SUBDIVISION MANUAL, 105
change the setup of such offering without first notifying the Real Estate
Division in writing of such intended change.
(Added by Stats. 1943, Ch. 127.)
11013. For the purpose of this part, a blanket encumbrance shall be
considered to mean a trust deed or mortgage or any other lien or encum-
brance, mechanics' lien or otherwise, securing or evidencing the payment
of money and affecting land to be subdivided or affecting more than
one lot or parcel of subdivided land, or an agreement affecting more
than one such lot or parcel by which the owner or subdivider holds said
subdivision under an option, contract to sell, or trust agreement.
(Added by Stats. 1943, Ch. 127; amended by Stats. 1955, Ch. 1863'.)
11013.1. It shall be unlawful, except as provided in Section 11013.2,
for the owner or subdivider to sell or lease lots or parcels within a sub-
division that is subject to a blanket encumbrance unless there exists
in such blanket encumbrance or other supplementary agreement a pro-
vision, hereinafter referred to as a release clause, which by its terms shall
unconditionally provide that the purchaser or lessee of a lot or parcel
can obtain title or other interest contracted for, free and clear of such
blanket encumbrance, upon compliance with the terms and conditions
of the purchase or lease.
(Added by Stats. 1955, Ch. 1863.)
11013.2. Should there not exist in the blanket encumbrance or sup-
plementary agreement a release clause as set forth in Section 11013.1,
then it shall be unlawful for the owner or subdivider to sell or lease lots
or parcels within said subdivision unless one of tlie following conditions
is complied with :
(a) The entire sum of money paid or advanced by the purchaser or
lessee of any such lot or parcel, or such portion thereof as the com-
missioner shall determine is sufficient to protect the interest of the pur-
chaser or lessee, shall be deposited into an escrow depository acceptable
to the commissioner until either (1) a proper release is obtained from
such blanket encumbrance; or (2) either the owner or subdivider or
the purchaser or lessee may default under their contract of sale or lease
and there is a determination as to the disposition of such moneys ; or (3)
the owner or subdivider orders the return of such moneys to such pur-
chaser or lessee.
(b) The title to the subdivision is to be held in trust under an agree-
ment of trust acceptable to the commissioner until a proper release from
such blanket encumbrance is obtained.
(c) A bond to the State of California is furnished to the commissioner
for the benefit and protection of purchasers or lessees of such lots or
parcels, in such amount and subject to such terms as may be approved
by the commissioner, which shall provide for the return of the moneys
paid or advanced by any purchaser or lessee, for or on account of the
purchase or lease of any such lot or parcel if a proper release from such
blanket encumbrance is not obtained ; provided, however, that if it should
be determined that such purchaser or lessee, by reason of default or
otherwise, is not entitled to the return of such moneys, or any portion
thereof, then such bond shall be exonerated to the extent of the amount
of such moneys to which such purchaser or lessee is not entitled.
106 SUBDIVISION MANUAL
(d) There is conformance to sucli other alternative requirement or
method which the commissioner may deem acceptable to carry into effect
the intent and provisions of this part.
(Added by Stats. 1955, Ch. 1863.)
11013.3. Taxes and assessments levied by public authority shall not
be considered a blanket encumbrance within the meaning of Section
11013.
(Added by Stats. 1955, Ch. 1863.)
11013.4. If a subdivision is not subject to a blanket encumbrance,
as defined in Section 11013, it shall be unlawful for the owner or sub-
divider to sell or lease lots or parcels wdthin a subdivision unless one
of the following conditions is complied with:
(a) The entire sum of money paid or advanced by the purchaser or
lessee of any such lot or parcel, or such portion thereof as the commis-
sioner shall determine is sufficient to protect the interest of the pur-
chaser or lessee, shall be deposited into an escrow depository acceptable
to the commissioner or into a trust account acceptable to the commis-
sioner to be held in such escrow depository or trust account until the
title or other interest contracted for, whether it be title of record, equit-
able or other interest, is delivered to such purchaser or lessee or until
(1) either the owmer or subdivider or the purchaser or lessee may de-
fault under their contract of sale or lease and a determination is made
as to the disposition of such moneys; or (2) the owner or subdivider
orders the return of such moneys to such purchaser or lessee.
(b) A bond to the State of California is furnished to the commis-
sioner for the benefit and protection of purchasers or lessees of such
lots or parcels, in such amount and subject to such terms as may be
approved by the commissioner, which shall provide for the return of
the moneys paid or advanced by any purchaser or lessee, for or on
account of the purchase or lease of any such lot or parcel in the event
that the owner or subdivider does not, within the time specified in his
contract to sell or lease, or any extension thereof, deliver the title or
other interest contracted for, whether it be title of record, equitable
or other interest, to such purchaser or lessee for any reason other than
an uncured default of such purchaser or lessee.
(c) An association, approved by the commissioner, files with the
commissioner a certificate in which it certifies that the owner or sub-
divider is a member of such association and that there is on file with
the commissioner a bond, of the kind specified in subdivision (b) of
this section, which has been approved by the commissioner as to amount,
terms and coverage, and which is for the benefit and protection of all
purchasers and lessees of subdivided lots or parcels to be sold or leased
by members of such association (all which the commissioner may, at
his option, verify or require to be verified). The commissioner may
also, from time to time, require an increase in the amount of such bond
as a condition to the continued applicability of the provisions of this
subdivision to such association and its members or permit a decrease
in the amount thereof.
(d) Proof, satisfactory to the commissioner, is furnished: (1) that
such bonds or deposits, as provided or contemplated to be filed or made
pursuant to the provisions of Articles 8 and 9 of Chapter 2, Part 2,
Division 4 of this code, have been filed or made in such amounts as the
SUBDIVISION MANUAL 107
commissioner shall approve, or that the filing or making of such bonds
or deposits are unnecessary; and (2) that a lien and completion bond
or bonds, approved by the commissioner as to amount, terms and cover-
age and including within its scope all on-site construction work to be
undertaken on such lots or parcels, has been written and issued by a
corporate surety company authorized to do such business in this State ;
provided, however, that this subdivision shall apply only to an owner
or subdivider who proposes to sell or lease such lots or parcels with
improvements thereon in the nature of residential structures.
(e) The entire sums of moneys paid or advanced by the purchasers
or lessees of such lots or parcels, or such portion thereof as the com-
missioner shall determine is sufficient to protect the interest of the
purchaser or lessee, shall be deposited into an escrow depository or
other agency, acceptable to the commissioner, to be held, in whole or
in part, by such escrow depository or other agency as provided by
subdivision (a) of this section, or, at the election of the owner or sub-
divider, to be disbursed, in whole or in part, for the construction of
residential or other structures to be built on such lots or parcels within
said subdivision, or such unit or units thereof as the commissioner shall
determine, in such manner and pursuant to such instructions as the
commissioner shall approve; provided, however, that the provisions of
this subdivision shall apply only to an owner or subdivider who pro-
poses to sell or lease such lots or parcels with improvements thereon in
the nature of residential structures.
(f) There is conformance to such other alternative requirement or
method which the commissioner may deem acceptable to carry into
effect the intent and provisions of this part.
(Added by Stats. 1955, Ch. 1863.)
11013.5. The public report of the commissioner, when issued, shaU
indicate the method or procedure selected by the owner or subdivider
to comply with the provisions of Sections 11013.1, 11013.2 or 11013.4.
(Added by Stats. 1955, Ch. 1863.)
11014, The commissioner may investigate any subdivision being
offered for sale or lease in this State. For the purposes of such investi-
gations the commissioner may use and rely upon any relevant informa-
tion or data concerning a subdivision obtained by him from the Fed-
eral Housing Administration, the United States Veterans Administra-
tion or any other federal agency having comparable duties and func-
tions in relation to subdivisions or property therein.
(Added by Stats. 1943, Ch. 127; amended by Stats. 1955, Ch. 646;
amended by Stats. 1957, Ch. 1782.)
11015. When an inspection is to be made of subdivided lands,
situated outside the State of California, being offered for sale or lease
in this State, the questionnaire shall be accompanied by the filing fee,
together with an amount equivalent to ten cents ($0.10) a mile for
each mile going and returning, estimated by the commissioner to be
traveled by railroad from Sacramento to the location of the project,
and an amount estimated to be necessary to cover the additional ex-
penses of such inspection, not to exceed fifty dollars ($50) a day for
each day consumed in the examination of the project.
(Added by Stats. 1943, Ch. 127; amended by Stats. 1953, (Mi. 731.)
108 SUBDIVISION MANUAL
11016. When an inspection is to be made of subdivided lands, sit-
uated within this State, being offered for sale or lease, and not to be
used for residential or for business purposes, the questionnaire shall
be accompanied by the filing fee, together with an amount estimated
by the Real Estate Commissioner to be necessary to cover the actual
expenses of such inspection, not to exceed ten dollars ($10) a day for
each day consumed in the examination of the project. If the subdivided
lands are situated in this State, and are to be offered for sale or lease
for residential and for business purposes, or for either, the question-
naire shall be accompanied by the filing fee only.
(Added by Stats. 1943, Ch. 127.)
11017. All fees and earned expense collected under this chapter
shall be deposited in the Real Estate Fund under Chapter 6 of Part 1
of Division 4 of this code.
(Added by Stats. 1943, Ch. 127.)
11018. When the Real Estate Division makes an examination of any
subdivision, the commissioner shall make a public report of his findings
thereon. He may publish the report.
(Added by Stats. 1943, Ch. 127.)
11019. An order prohibiting the sale and lease, or either, of the
property in this State may be issued by the commissioner if the exam-
ination of the project shows that the sale or lease would constitute mis-
representation to or deceit or fraud of the purchasers or lessees of lots
or parcels in the subdivision.
Before such order of prohibition shall be issued by the commissioner,
a hearing shall be held by the Real Estate Division and the same pro-
cedure shall be followed as provided in Article 3, Chapter 2 of Part 1
of Division 4 of this code. An order of the commissioner is subject to
judicial review in accordance with law.
(Added by Stats. 1943, Ch. 127; amended by Stats. 1955, Ch. 1739.)
11020. Every officer, agent or employee of any company, and every
other person who knowingly authorizes, directs or aids in the publica-
tion, advertisement, distribution or circularization of any false state-
ment or representation concerning any land, or subdivision thereof
offered for sale or lease, and every person who, with knowledge that
any advertisement, pamphlet, prospectus or letter concerning any said
land or subdivision contains any written statement that is false or
fraudulent, issues, circulates, publishes or distributes the same, or shall
cause the same to be issued, circulated, published or distributed, or
who, in any other respect, willfully violates or fails, omits or neglects
to obey, observe or comply with any order, permit, decision, demand
or requirement of the commissioner under this chapter, is guilty of a
public offense, and shall be punished by a fine not exceeding one
thousand dollars, or by imprisonment in a county jail not exceeding
one year, or by both such fine and imprisonment, and, if a real estate
licensee, he shall be held to trial by the commissioner for a suspension
or revocation of his license, as provided in Article 3 of Chapter 2 of
Part 1 of Division 4 of this code. The district attorney of each county
in this State shall prosecute all violations of the provisions of this
chapter in respective counties in which the violations occur.
(Added by Stats. 1943, Ch. 127; amended by Stats. 1957, Ch. 139.)
SUBDIVISION MANUAL 109
11021. For the purpose of calculating the period of any applicable
statute of limitations in any action or proceeding, either civil or crim-
inal involving any violation of this chapter, the cause of action shall
be deemed to have accrued not earlier than the time of recording with
the county recorder of the county in which the property is situated of
any deed, lease or contract of sale conveying property sold or leased
in violation of this chapter and which describes a lot or parcel so
wrongfully sold or leased.
This section does not prohibit the maintenance of any such action
at any time before the recording of such instruments.
(Added by Stats. 1949, Ch. 817; amended by Stats. 1955, Ch. 1739.)
30042. The following acts, together with all acts amendatory
thereof or supplementary thereto, are hereby repealed :
General Laws
Year Chapter Page
1919 605 1252
1937 588 1633
1937 785 2235
(Added by Stats. 1943, Ch. 127.)
APPENDIX C
MASTER OR GENERAL PLANS
(From Government Code, Title 7, Planning as amended and in effect
September 11, 1957)
Chapter 3. Local Planning
Article 7. Authority for and Scope of Master or General Plans
65460. Each commission or planning department shall prepare and
the commission shall adopt a comprehensive, long-term general plan for
the physical development of the city, county, area, or region, and of
any land outside its boundaries which in the commission's judgment
bears relation to its planning. The plan may be referred to as the
master or general plan and shall be officially certified as the master or
general plan upon its adoption by the planning commission and the
legislative bodv.
(Amended by Stats. ]955, Ch. 1644.)
65461. The master or general plan shall be so prepared that all or
portions of it may be adopted by the legislative body as a basis for the
development of the citv, countv, area, or region.
(Amended by Stats." 1955, Ch. 1644.)
65462. The master or general plan shall consist of a map and a
statement describing it and a statement covering objectives, principles,
and standards used to develop it; and shall include all of the following
elements :
(a) A land use element which designates the proposed general dis-
tribution and general location and extent of the uses of the land for
housing, business, industry, recreation, education, public buildings and
grounds, and other categories of public and private uses of land.
(b) A circulation element consisting of the general location and ex-
tent of existing and proposed major thoroughfares, transportation
routes, terminals, and other local public utility and facilities, all cor-
related with the land use element of the plan.
(c) A statement of the standards of population density and build-
ing intensity recommended for the various districts and other territorial
units, and estimates of future population growth, in the territory cov-
ered by the plan, all correlated with the land use element of the plan.
(d) Supporting maps, diagrams, charts, descriptive material and
reports.
(Amended by Stats. 1955, Ch. 1644.)
65463. A master or general plan may include a conservation ele-
ment of the plan for the conservation, development, and utilization of
natural resources, including water and its hydraulic force, forests, soils,
7-ivers and other waters, harbors, fisheries, Avild life, minerals, and other
natural resources. The conservation element of the plan may also cover :
(a) The reclamation of land and waters.
(b) Flood control.
(110)
SUBDIVISION MANUAL 111
(c) Prevention and control of the pollution of streams and other
waters.
(d) Regulation of the use of land in stream channels and other areas
required for the accomplishment of the conservation plan.
(e) Prevention, control, and correction of the erosion of soils,
beaches, and shores.
(f ) Protection of watersheds.
(Amended by Stats. 1955, Ch. 1655.)
65464. (Repealed by Stats. 1955, Ch. 1644.)
65465. A master or general plan may include a recreation element
of the plan, showing a comprehensive system of areas and public sites
for recreation, including the following and, when practicable, their lo-
cations and proposed development :
(a) Natural reservations.
(b) Parks.
(c) Parkways.
(d) Beaches.
(e) Playgrounds.
(f ) Other recreation areas.
(Amended by Stats. 1955, Ch. 1644.)
65466. The circulation element of the master or general plan as set
forth in subdivision (b) of Section 65462 may also include studies and
recommendations concerning parking facilities and building setback
lines and the delineations of such systems on the land; a system of
street naming, house and building numbering; and such other matters
as may be related to the improvement of circulation of traffic.
(Amended by Stats. 1955, Ch. 1644.)
65467. A master or general plan may include a transportation ele-
ment of the plan, showing a comprehensive transportation system,
including locations of rights-of-way, terminals, viaducts, and grade
separations. This element of the plan may also include port, harbor,
aviation, and related facilities.
(Amended by Stats. 1955, Ch. 1644.)
65468. A master or general plan may include a transit element of
the plan, showing a proposed system of transit lines, including rapid
transit, streetcar, motor coach and trolley coach lines, and related facili-
ties.
(Amended by Stats. 1955, Ch. 1644.)
65469. A master or general plan may include a public services and
facilities element of the plan, showing general plans for sewerage, refuse
disposal, drainage, and local utilities, and rights-of-way, easements, and
facilities for them.
(Amended by Stats. 1955, Ch. 1644.)
65470. A master or general plan may include a public buildings ele-
ment of the plan, showing locations and arrangements of civic and
community centers, public schools, libraries, ])olice and fire stations,
and all other public buildings, including their arcliilocture and the
landscape treatment of their grounds.
(Amended by Stats. 1955, Ch. 1644.)
65471. A master or general plan may include a community design
element of the plan, consisting of standards and principles governing
the subdivision of land within the scope of the Subdivision Map Act,
112 SUBDIVISION MANUAL
Chapter 2 of Part 2 of Division 4 of the Business and Professions Code,
and showing recommended designs for eommunitj'- and neighborhood
development and redevelopment, inchiding sites for schools, parks, play-
grounds and other uses.
(Amended by Stats. 1955, Ch. 1644.)
65472. A master or general plan may include a housing element of
the plan, consisting of a survey and reports upon housing conditions
and needs, standards and plans for the elimination of substandard
dwelling conditions, the improvement of housing and for provision of
adequate sites for housing.
(Amended by Stats. 1955, Ch. 1644.)
65473. A master or general plan may include a redevelopment ele-
ment of the plan comprising surveys, plans, procedure, and reports for
the elimination of slums and blighted areas and for community rede-
velopment, including housing sites, business and industrial sites, public
building sites, and for other purposes authorized by law.
(Amended by Stats. 1955, Ch. 1644.)
65474. As a part of the master or general plan the commission may
prepare, receive and adopt additional elements and studies dealing with
other subjects which in its judgment relate to the physical development
of the citv, county, area or region.
(Amended by Stats. 1955, Ch. 1644.)
65475. During the formulation of a master or general plan, the
planning commissions shall inform and, to such an extent as may be
necessary, confer and co-operate with such school boards, departments,
or agencies as may have jurisdiction over the territory or facilities for
which plans are being made, to the end that maximum co-ordination of
plans may be secured and properly located sites for all public purposes
may be indicated on the master or general plan.
(Amended by Stats. 1955, Ch. 1644.)
65476. Wlienever a city planning commission has adopted a master
or general plan or any major section or unit covering any land outside
the boundaries of the city, which in the judgment of the commission
bears relation to its planning, such plan, section or unit shall be certi-
fied to the planning commission of every county or city, the land of
which is included in said plan.
(Amended by Stats. 1955, Ch. 1644.)
65477. Whenever a county planning commission has adopted a
master or general plan or any major section or unit covering any land
adjoining or within a city such plan, section or unit shall be certified
to the planning commission of such city or cities.
(Amended by Stats. 1955, Ch. 1644.)
APPENDIX D
GENERAL ADVICE ON PROTECTIVE COVENANTS ^
This information is offered as a general guide to sponsors who desire to ohtain for
individual properties maximum protection against inharmonious land uses
Protective covenants are essential to the sound development of pro-
posed residential areas. Covenants properly prepared and legally sound
contribute to the establishment of the character of a neighborhood and
to the maintenance of value levels through the regulation of type, size
and placement of buildings, lot sizes, reservation of easements, and
prohibition of nuisances and other land uses that might affect the
desirability of a residential area.
They should provide enforcement provisions be recorded in public
land records and be made superior to the lien of any mortgage that
may be on record prior to the recording of the protective covenants.
Protective covenants regulating the use of land represent an express
agreement between the subdivider and the lot purchasers. Through this
agreement all parties seek to gain certain advantages, the subdivider
to aid his land development program and the purchasers to protect
their investments. Strict enforcement of suitable protective covenants
gives best assurance to each lot owner that no other lot owners within
the protected area can use property in a way that will destroy values,
lower the character of the neighborhood, or create a nuisance. In zoned
communities protective covenants are an important supplementary aid
in maintaining neighborhood character and values. The extent of zoning
protection is limited to governmental exercise of police powers of main-
taining and promoting public health, safety, and welfare. Protective
covenants being agreements between private parties can go much fur-
ther in meeting the needs of a particular neighborhood and in providing
maximum possible protection.
Development sponsors should have their protective covenants drafted
in final form by legal counsel. Generally this should not be done until
the sponsor has obtained preliminary subdivision analysis by FPIA.
AREA OF APPLICATiON
In small developments complete protective covenants usually should
be applied to the entire development area and, in addition, to any
adjacent area which would possibly affect the properties within the
development if put to a nonconforming use. Adjoining or nearby lands
should be made subject at least to covenants regulating land use and
type of building, lot size, and prohibition of nuisances and temporary
structures.
For large tracts of land to be developed by sections it is desirable
to establish protective covenants over the entire area in connection
with the development of the first section, particularly with respect to
land use, type of building, lot size, and prohibition of nuisances and
1 Neighborhood Standards, P. H. A. Land Planning Bulletin No. 3,
( 113 )
114 SUBDIVISION MANUAL
temporary striictures. "Where only a section of a large development is
to be made subject to all covenants, the protection should extend to and
include a buffer area immediately adjacent to the section. When subse-
quent sections of the development are opened, complete protective cove-
nants are extended to new sections and adjoining buffers in the same
manner.
TYPICAL RESIDENTIAL COVENANTS
Land Use and Building Type
A basic covenant for protection of residential neighborhoods is one
that assures harmonious land uses. Where nonresidential uses such as
parks or business are to be provided special covenants applying to
specific locations should be included. The degree of the effect upon fully
protected properties may then be anticipated.
Architecfural Conirol
Protective covenants should include provisions for the creation and
maintenance of an attractive harmonious appearance of a development.
This is best accomplished by establishing an architectural control com-
mittee to review plans and specifications of buildings, fences, walls and
planting as to location and exterior design. The covenant should apply
both to new construction and to future alterations.
Initially the committee is selected by the developer, but as the de-
velopment nears completion and the builder's interests lessen the mem-
bership of the committee should be selected by property owners
enjoying the protection of the covenants. Experience has indicated that
the control of this function usually sh»uld be retained by the developer
through membership appointed by him until the development is sub-
stantially built up. It is usually advisable for the developer to designate
a membership of disinterested persons including an architect and pos-
sibly a landscape architect to pass on the technical as well as aesthetic
qualities of the plans.
Dwelling Quality and Size
A protective covenant establishing a minimum dwelling cost or
quality and size is important in maintaining property values because
protection is afforded to desirable dwellings from the encroachment of
buildings below the standards of residential character originally estab-
lished.
Building Location
An important covenant is that w^hich establishes minimum front,
side, and rear yards to assure proper open spaces between dwellings.
The most satisfactory method of regulating the depth of front yards
is by reference to building setback lines shown on the recorded plat
as it is sometimes desirable to vary the setback because of topographic
conditions as well as to avoid the monotony of a uniform building set-
back.
On corner lots there should be little if any difference in setback
distances from both streets. This prevents projection of the side or
rear of a corner dwelling bej^ond the building lines of adjacent
dwellings.
SUBDIVISION MANUAL 115
A minimum side yard regulation for principal buildings is essential
to provide necessary light, air and privacy. Occasionally this covenant
also establishes a minimum aggregate total of both side yards.
Generally, dwellings at rear of lots have liad an adverse effect on
the successful use of the remaining land in a subdivision and in main-
taining its highly desirable value. To prevent the erection of a dwelling
on the rear portion of a lot, a minimum rear yard is established.
Lot Area and Width
Unless the protective covenants specifically prohibit the resubdivision
of lots, which is not considered advisable, as some allowance should
be made for adjustment of location of buildings to fit exceptional
topographic conditions, a covenant establishing minimum lot area and
width should be included. This will assure adequate light, air and
open space and continued privacy for all properties. Lots may be
resubdivided but not to the detriment of the neighborhood since the
resubdivided lot sizes will be not less than those typical in the develop-
ment. Generally, there is no need of resubdividing if the development
plan is properly prepared.
Easements
It is preferable that electric and telephone pole lines be erected along
rear or side lot lines to avoid the unsightly appearance of these utilities
with lead-in wires along streets. To provide for immediate or future
installation and maintenance, the protective covenants should reserve
easements for poles and wires along interior lot lines. Sometimes it is
advantageous because of topography or subsurface conditions to also
install sewer lines or other utilities along these easements.
Nuisances
Protective covenants should prohibit trade or business, any activity
obnoxious or offensive to residential use, and shacks or other structures
for temporary occupancy.
OTHER COVENANTS
While protective covenants on the foregoing subjects usually are
included in and are sufficient for most subdivisions, special conditions
in some developments necessitate the inclusion of other protective
covenants, such as preservation of screen planting, protection of water
courses, prohibition against oil drilling or mining operations, installa-
tion of individual sewage disposal systems and exclusion of signs.
If the subdivision plans include a park or recreation area, business
site, sites for social or civic activities, or other nonresidential uses,
covenants should be included at least for front and side yards, height
of buildings, and land uses.
In developments where adequate public maintenance of park areas,
streets or other facilities is not available, it is advisable to establish a
property owners' maintenance association or other acceptable com-
munity maintenance organization with adequate powers to provide
maintenance and to assess the benefiting property owners at a reason-
116 SUBDIVISION MANUAL
able rate aud collect such assessments. Establishment of a property
owners' association is also advisable to provide an effective means of
obtaining adherence to protective covenants. The architectural control
committee previously discussed may be a part of the association.
GENERAL PROVISIONS
Protective covenants to be effective should run with the land and be
binding on all property owners in the protected area. They should be
effective for a stipulated time, after which they are to be automatically
extended for successive stated periods unless a change is agreed upon
by a stipulated proportion of propertj^ owners affected by the instru-
ment. The periods for which covenants are to run without change
should be sufficiently long to protect the original investments and per-
mit amortization of the capital. Eights to modify should never be re-
served to one individual.
The covenants should contain a general provision for prosecuting any
proceedings in law or in equity against violations of any covenant,
RECORDATION
The proper form of protective covenants varies in the different
states. A generally acceptable and enforceable form is a written declara-
tion by the owner of the entire tract which is recorded in land office
records. Frequently in smaller complete developments, the covenants
and conditions are stated on the recorded map. When a separate
declaration is made it is good practice to record it simultaneously with
the recordation of the subdivision map.
The written declaration of covenants is a preferable form for estab-
lishing a uniform scheme for the development and protection of the
entire area. Piecemeal control by inserting covenants in individual
deeds at the time properties are conveyed is not conducive to har-
monious development.
printed in California state printing office
L-4155 3-59 5M
REPORT OF THE
JOI^8T LEGISLATIVE TAX
COMMITTEE
May, 1959
MEMBERS OF THE COMMITTEE
SENATORS
JAMES J. McBRIDE, Chairman
ARTHUR H. BREED, JR. (Ret.)
HUGH M. BURNS
RICHARD J. DOLWIG
J. HOWARD WILLIAMS
ASSEMBLYMEN
JOSEPH C. SHELL, Vice Chairman
MONTIVEL A. BURKE
GLENN E. COOLIDGE
LEVERETTE D. HOUSE
VINCENT THOMAS
ExecufiVe Secretary
ROBERT D. DECKER
Staff Counsel
THOMAS H. LUDLOW, JR.
Published by the
SENATE
OF THE STATE OF CALIFORNIA
GLENN M. ANDERSON
President of fhe Senate
HUGH M. BURNS
President pro Tempore
JOSEPH A. BEEK
Secretary of the Senate
TABLE OF CONTENTS
Page
Letter of Transmittal 5
Introduction . 9
Findings and Conclusions 14
Recommendations 21
I. Abolition of Special Funds 21
II. Development of a Tax Proo-ram Based Upon Complete Legis-
lative Control of Revenues and Expenditures 24
III. Special Interim Revenue Program 25
Conclusion 40
Appendix A — Report of the Bureau of Business and Economic Re-
search, University of California 43
Appendix B — Letter From the Legislative Analyst 91
(3)
LETTER OF TRANSMITTAL
Joint Legislative Tax Committee
California Legislature
May 19, 1959
To the President of the Senate
The Speaker of the Assembly
and Other Members of the Senate arid Assembly
The Joint Legislative Tax Committee, created by 1957 Assembly
Coneiirreiit Resolution No. 206, herewith submits its report.
During' the past two years the committee has conducted an intensive
study of the revenue structure of the State of California, both from a
technical point of view, for which it contracted with the Bureau of
Business and Economic Research, University of California, and from
the viewpoint of the tax-paying public. The committee conducted ex-
tensive hearings throughout the State through which it received the
opinions and suggestions of many segments of the economy.
The committee wishes to express its appreciation to the many com-
petent witnesses who appeared before it, and to the Office of the Legis-
lative Analyst, the Department of Finance, and the Office of the Legis-
lative Counsel for their co-operation.
Respectfully submitted,
Senator James J. McBride, Chairman
Assemblyman Joseph C. Shell, Vice Chairman*
Senator Hugh M. Burns
Senator Richard J. Dolwig
Senator J. Howard Williams
Senator Arthur H. Breed, Jr.
(Ret.)
Assemblyman Montivel A.
Burke
Assemblyman Glenn B.
Coolidge*
Assemblyman Leverette D.
House
Assemblyman Vincent Thomas
* See qualifying statement.
(5)
STATEMENT OF ASSEMBLYMAN JOSEPH C. SHELL
Obviously the committee and its consultants, when it commenced its
work a year ago, had to have a starting point. This starting point
was determined to be the lowest estimate submitted for future State
revenues. At that time, I was i]ielined to believe these estimates were
too low, but had nothing concrete upon which to base any other sup-
position. Future work was based on this factor of lowest estimates. A
consistent revision would have been beyond the time limit and staff
limits available to the committee. So my statement is no criticism of
the committee activity.
Recent business reports make the use of the low estimates of income
to the State Government of California unrealistic. All economic reports
for the first quarter of 1959 indicate an even more rapid rate of re-
coverv than we had in 1954. In 195-1, the Department of Finance
estimated a $100,000,000 deficit. Instead, a $70,000,000 surplus resulted,
thus making the Department's estimates $170,000,000 low. Projecting
the current recovery ahead on the same cycle as in 1954, it would
appear that the department's estimates would be approximately $205,-
000,000 low for 1959-61. This takes into consideration that the\lepart-
ment had estimated a 6.8 percent increase.
The first quarter of 1959 has evidenced a prognostication of the
greatest boom which has ever occurred in the State of California. It
would appear, from the projection of current rates of production, that
the gross California income will be in the neighborhood of 42^ billion
dollars rather than the 38f billion dollar figure as forecast by the De-
partment of Finance. Working from this basis, it would also appear
that the total income to the State Government of California will be
approximateh- 10 percent in excess of that estimated by the Depart-
ment of Finance.
Taking the Gross National Product of 1953-54 which, related to Cali-
fornia, made the $170,000,000 increase over department estimates, then
applying the same rate to the current Gross National Product, which is
16 percent above that of 1953-54, one arrives at an excess of $205,000,-
000 more than the Department of Finance estimates for 1960-61. The
same factors which caused California to run ahead of the gross national
product in 1953-54 are also present at the current writing.
"Working in either direction, it appears that returns from state taxes
will be more than $200,000,000 in excess of the Department of Finance
estimates for 1960-61.
The financial crisis in California is not occasioned by a lack of reve-
nues, but an excess in spending. Even with these excesses, California's
fabulous economy is still able to support a "plush" government Avith-
out new taxes.
Joseph C. Shell
(6)
Assembly, California Legislature
May 19, 1959
Honorable James J. McBride
Chairman, Joint Legislative Tax Committee
State Capitol, Sacramento, California
Dear Senator: This has reference to the report of this committee
regarding the tax study and your committee recommendations.
Generally, I concur in the report. However, I hold substantial reser-
vations regarding some of the recommendations. Also, I believe the
estimates of income to the State Government of California are unreal-
istic in light of economic and business reports for the first quarter
of 1959.
I do not construe this letter as a minority report as I am signing
the report of the committee, but wish this letter made a part of the
report to be printed with it.
Cordially yours,
Glenn E. Coolidge
(7)
INTRODUCTION
FolloAving nearly a decade in wliieli state revenues exceeded state
expenditures, California in 194!) found itself faeiny the prosjieet of a
deficit. To study the problem then posed, the Senate created an Interim
Committee on State and Local Taxation headed by the Honorable Ben
M. Hulse of Imperial County.
In 1950 the impetus of the Korean War alleviated the crisis vhicli
had faced the Ilulse Committee in 19-49. Rising levels of prices, incomes
and employment produced sig'uifieant gains in state tax revenues \vhich
changed an anticipated 1950-51 deficit of $14,000,000 to a surplus of
$19,000,000. However, this favorable balance of state income and ex-
penditure was transitory and merely postponed the inevitable daj^ when
either state spending must be curtailed or state taxes increased.
To many it appeared that the day of reckoning had arrived in the
1958-59 Fiscal Year when the State faced a deficit of considerable
magnitude. Despite clamor in some quarters to meet the deficit by
raising taxes, the Jjegislature solved the problem of balancing the
budget by appropriating the $75,000,000 "rainy day fund" which had
been accumulated during past years of surplus.
It was apparent at this point to even the most casual observer that
while the problems of balancing the budget for the Fiscal Year 1958-59
had been settled, the moment of decision had been reached in the af-
fairs of state at which some permanent solution must be made for the
years ahead if the State were not to embark upon a period of pyramid-
ing deficits.
In anticipation of this situation, on June 20, 1957, the Assembly
with the Senate concurring passed A. C. R. No. 206 from which this
committee derives its powers which reads :
(9)
ASSEMBLY CONCURRENT RESOLUTION NO. 206
Chapter 330
Assembly Concurrent Resolution No. 20G — Relative to the creation
of the Joint Legislative Tax Committee.
(Filed with Secretary of State, June 20, 1957)
"Whereas, There is an urgent need for a complete and thorough ex-
amination of the tax structure of the State of California and its po-
litical subdivisions and to prepare a tax program for the future. In
view of the impending, urgent fiscal needs of state and local govern-
ments in California, and the substantial and ever-increasing total tax
burden upon all taxpayers, and in view of the fact that California's
General Fund operating deficits will range from fiftv million dollars
($50,000,000) to one hundred fifty million dollars (.$150,000,000) dur-
ing the years immediately ahead, it is imperative that a comprehensive
study be made of the State's tax structure and that specific recommen-
dations be made to the Governor and the Legislature concerning ways
of raising additional revenues while assuring that California 's total tax
structure is the fairest and most equitable for all taxpayers consistent
with the needs of an expanding economy ; now, therefore, be it
"Resolved hy the Assembly of the State of California, the Senate
thereof concurring , As follows :
"1. The Joint Legislative Tax Committee is hereby created and au-
thorized and directed to ascertain, study and analyze all facts relating
to all phases of taxation and revenue as they pertain to California
state and local government as a basis for accomplishing the program
contemplated by this resolution, including but not limited to the opera-
tion, effect, administration, enforcement and needed revision of any
and all laws in any way bearing upon or relating to the subject of this
resolution, and to report thereon to the Legislature, including in the
reports its recommendations for appropriate legislation.
' ' In addition the committee shall :
"1. Estimate for each of the several years through 1965-66 the pro-
ductivity of each existing tax or revenue source and total state reve-
nues to be expected for each year.
"2. Evaluate the existing tax structure and individual taxes as to
impact and equity among taxpayer and income groups.
"3. Evaluate the existing tax structure and individual taxes in
terms of detrimental effect upon the orderly development of the State 's
economic resources, industry, commerce, and agriculture.
"4. Identify and evaluate existing preferential tax treatment as be-
tween taxpayer groups or tax bases.
"5. Compare California taxes both as to rate and burden with other
large industrial states, and also compare both total and per capita ex-
penditures with such states.
"6. Estimate for each of the several years through 1965-66 expendi-
tures of the State for each of the major budgetary classifications, and
also the total expenditures from the State's General Fund.
"7. Recommend to the Governor and the Legislature tax proposals
which will produce revenues to the State's General Fund in such
(11)
12 REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE
amounts as would be needed to supplement existing revenues in meet-
ing the annual expenditures as estimated in Item 6 above. This recom-
mendation shall be reported to the Governor and the Legislature not
later than the thirtieth legislative day of the 1959 Regular Session of
the Legislature.
"2. The committee shall consist of five Members of the Senate ap-
pointed by the Comittee on Rules thereof, and five Members of the As-
sembly, appointed by the Speaker thereof. Vacancies occurring in the
membership of the committee shall be filled by the appointing power.
"3. The committee is authorized to act during this session of the
Legislature, including any recess, aud after final adjournment until the
final adjournment of the 1959 Regular Session, with authority to file
its final report not later than the last legislative day of that session.
"4. The committee and its members shall have and exercise all of the
rights, duties and powers conferred upon investigating committees and
their members by the provisons of the Joint Rules of the Senate and
Assembly as they are adopted and amended from time to time at this
session, which provisions are incorporated herein and made applicable
to this committee and its members.
' ' 5. The committee has the following additional powers and duties :
" (a) To select a chairman and a vice chairman from its membership.
"(b) To contract with such other agencies, public or private, as it
deems necessary for the rendition and affording of such services, facili-
ties, studies and reports to the committee as will best assist it to carry
out the purposes for which it is created.
"(c) To cooperate with and secure the cooperation of county, city,
city and county, and other local law enforcement agencies in investi-
gating any matter within the scope of this resolution and to direct the
sheriff' of any county to serve subpenas, orders and other process issued
by the committee.
" (d) To report its findings and recommendations to the Legislature
and to the people from time to time and at au}^ time, not later than
herein provided.
"(e) To do an,y and all other things necessary or convenient to en-
able it full}^ and adequately to exercise its powers, perform its duties,
and accomplish the objects and purposes of this resolution.
"(f) To employ a staff director in addition to other technical and
clerical employees as authorized by the joint rules.
"(g) To travel or appoint a subcommittee or committee employee
to travel within or outside of this State and the L^nited States in pur-
suing the investigation committed to it.
"6. The sum of one hundred thousand dollars ($100,000) or so much
thereof as may be necessary is hereby made available from the Con-
tingent Funds of the Senate and Assembly for the expenses of the
committee and its members and for any charges, expenses or claims it
may incur under this resolution, to be paid from the said contingent
funds equally and disbursed, after certification by the chairman of the
committee, upon warrants drawn by the State Controller upon the
State Treasurer."
This committee in execution of the duties imposed upon it by A. C. R.
No. 206 conducted a series of extensive hearings throughout the State
REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE 13
at which leading organizations were invited to attend and make known
to the committee their view of the State's revenue crisis and to further
express any suggestions they migiit have for its solution.
In response to the invitation of the committee, many groups ap-
peared, some submitting careful and serious reports anayzing the situa-
tion and offering many well considered suggestions for its solution.
The committee also consulted the Bureau of P>usiness and Economic
Research of the University of California relative to preparing a de-
tailed report on the seven duties charged to the conunittee in A. C. R.
No. 206.
The report of the bureau has been received and considered by the
committee and is included as an appendix to this report. An examina-
tion of the bureau's report reveals that the time allotted to this com-
mittee by A. C. R. 206 is insufficient and that certain aspects of the
report demand considerably more study than this committee is pres-
ently, timewise, authorized to undertake.
Therefore, although the bureau's report to some extent covers the
charge of A. C. R. No. 206, the report of this committee in order to
avoid dissipating its etforts is confined to a consideration of items 1, 6
and 7 of A. C. R. No. 206, viz :
"1. Estimate for each of the several years through 1965-66 the pro-
ductivity of each existing tax or revenue source and total state revenues
to be expected for each year.
"6. Estimate for each of the several years through 1965-66 expendi-
tures of the State for each of the major budgetary classifications, and
also the total expenditures from the State's General Fund.
"7. Recommend to the Governor and the Legislature tax proposals
which will produce revenues to the State's General Fund in such
amounts as would be needed to supplement existing revenues in meeting
the annual expenditures as estimated in Item 6 above. This recom-
mendation shall be reported to the Governor and the Legislature not
later than the thirtieth legislative day of the 1959 Regular Session of
the Legislature. ' '
Although the studies thus far conducted by this committee include
all years through fiscal 1965-66, this report is confined to a treatment
of Fiscal Years 1958-59 through 1960-61 for reasons which are herein-
after considered. Further study of items 2, 3, 4 and 5 is indicated and
is recommended by this committee.
In making this report the committee is fully cognizant of the need
for a water program to solve the ever growing requirement for new
sources of water in the southern portion of the State. While any com-
prehensive solution of the revenue and expenditure problems of the
State must ultimately deal with water, it is tlie consensus of the com-
mittee that before such a solution can be concretely proposed not only
must the economic costs of the water projects be determined but also
agreement must be reached by the various factions as to the methods to
be employed, the necessity of enabling constitutional amendments, the
scope of the program, etc. Absent a definite decision on scope, cost and
necessities for the foreseeable water program, the committee believes
any attempt to integrate it into a projection of a revenue program
would be at this time premature.
FINDINGS AND CONCLUSIONS
Taxation at the state level is a social, not an economic, problem.
The decision basically rests with the electorate to decide just what
services it wishes government to provide. If the ultimate choice results
in a governmental service program, the cost of which exceeds current
revenues, taxes must be increased to effectively carry out the will of the
people. Over any protracted period, there is in State fiscal affairs, no
' ' pie in the sky. ' '
California today is faced with its greatest financial crisis since the
depression years of the thirties. Rising expenditures necessitated by a
burgeoning population with its attendant demands for services, coupled
with federal aid programs and the immediate need for a water pro-
gram, have combined to present a situation where, absent drastic revi-
sionary action, the State faces the prospect of constantly increasing
deficits in the years ahead. The problem thus presented was trenchantly
summarized by Mr. John M. Peirce, formerly Director of Finance, to
this committee on May 26, 1958, when he stated in part :
"In any event, it is altogether probable that after a quarter century
of relative stability it will be necessary to make major adjustments in
the State's tax system, to revise the scope of expenditure responsibilities
now resting upon State government, to reduce the level of services pro-
vided or to effect a combination of tax and expenditure revisions. Of
course California is not alone in this regard. Since 1950 —
15 states have increased personal income taxes ;
16 states have increased corporation income taxes;
17 states have enacted a sales tax or raised sales tax rates;
19 have raised the distilled spirits tax ;
27 have raised gasoline tax rates at least once ;
30 have enacted a cigarette tax or raised cigarette tax rates at least
once.
"In a recent report on The Financial Challenge to the States, Tax
Foundation, Incorporated, lists four causes of these tax increases and
the present financial pressure on states.
" 'First, population has grown, especiallj- in urban and suburban
areas. Between 1946 and 1957 the population of the United States
increased from 140 to 170 million — 21 percent. Over half this
growth was in potential school and retirement age groups. Paren-
theticall}^ I might add that California's population increased 48
percent in this same period. Our school-age group increased 100
percent and our retirement group rose 50 percent. The impact of
this growth upon school costs and social welfare expenditures is
obvious.
" 'Second, rising price levels since World War II account for a
substantial part of the upward trend in state spending. The Tax
Foundation reports an increase of 54.4 percent in the prices of
goods and services purchased by the states between 1947 and 1957.
(14)
REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE 15
This 54 percent almost precisely parallels the price increase for
state operations in California, as shown in a study we made last
summer. It compares with a 26 percent increase in the consumer
price index and shows the extent to which inflation has impinged
on state oovernment operations.
" 'Third, after depression-created backlogs and World War II
cutbacks, governments ra])idly increased their expenditures for new
construction. According to Census Bureau reports, capital outlay
expenditures by all states rose from $357 million in 1946 to $4.6
billion in 1956 — a thirteen-fold increase. Our budget shows a nine-
fold rise in capital outlay during this period. The difference be-
tween California's record and that of other states lies largely in
our "pay-as-you-go" highway construction program.
' ' ' Finally, Tax Foundation points out that ' ' aid programs have
served to intensify the problems of state governments. As Federal-
aid programs were expanded in number and scope, the states had
little choice but to make available necessary matching funds. Be-
tween 1946 and 1956, Federal payments received by the states ex-
panded from $800 million to over $3 billion. During this period
also, state payments to localities, principally state aid and shared
revenues, increased over 200 percent to $6.5 billion." ' Again, may
I add that in California state assistance to local governments in-
creased from $192 million in 1945-46 to $843' million in 1955-56 —
not the 200 percent shown for all states, but 338 percent increase.
"Certainly this problem of financial pressures on state treasuries is
not unique in California. The amazing fact is that with much greater
growth than most states we have been able to handle it to date with
no increase in the burden of our general tax levies compared with the
prewar period, no new taxes and only one increase in rates — the raise
in the distilled spirits excise."
Thus, it can be seen that the forces inherent in the rapidly develop-
ing technological society of this State have produced a situation where
estimated expenditures exceed estimated revenues in ever increasing
amounts from year to year. Charged with the study of this vast prob-
lem, this committee obtaijied the services of the Bureau of Business and
Economic Research of the University of California for the purposes of
preparing a report showing probable revenues and expenditures
through the Fiscal Year 1965-66. A report has been rendered by this
bureau which is appended to the committee's report as Appendix A.
While the report of the Bureau of Business and Economic Research
deals with estimated revenues and expenditures through 1965-66, the
report of this committee is confined to a consideration of revenues and
expenditures through the Fiscal Year 1960-61. This selection is premised
upon the possibility of certain basic reorganizations in the financial
structure of the State no later than the close of the Fiscal Year 1960-61.
A discussion of this proposed reorganization is contained hereinafter.
For the purposes of this report, basic reliance is placed upon the report
of the Bureau of Business and Economic Research. That report was
founded upon high and low estimates of revenues. Subsequent economic
developments in this State and throughout the entire country indicate
16 REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE
a significant improvement in tlie economic conditions. The committee
therefore believes that the low estimates of revenue of the bureau's
report at this time are probably somewhat unrealistic in the light of the
recent encouraging economic upswing (see Appendix "B" — letter of
the Legislative Analyst). However, economic recovery has not pro-
ceeded to a point which would justify complete reliance upon the high
estimates. Therefore, for Fiscal 1959-60 this report, uses the low reve-
nue estimates of the bureau's report, while for the following year both
high and low estimates are used. In this regard it is well to bear in
mind the definition accorded to "high" and "low" estimates by the
bureau's report. The estimates of revenue contained in the bureau's
report are made upon two alternative bases yielding a high estimate
and a low estimate for each year in the period covered. In connection
with the former, it is assumed that approximately 74 percent of the
population betAveen the ages of 20 and 64 will be employed which, for
the purpose of the bureau's report, represents full employment. In
connection with the latter it is assumed that unemployment will ap-
proximate 5 percent of the full employment estimates over the entire
period covered.
Ill considering revenue estimates for fiscal 1959-60, as heretofore
stated, the committee has used the low estimates of the bureau's report.
It therein appears in Table IX (Appendix A) that aggregate low esti-
mated revenues for fiscal 1959-60 will be $1,249,485,000. Correspond-
ingly on Table IX (Appendix A) the estimated operating and sub-
vention expenditures, together with the capital requirements for the
same period will total $1,444,035,000, resulting in a maximum net reve-
nue deficiency of $194,550,000 as shown on Table XL
In estimating general fund revenues for 1960-61 the bureau's report
in Table IX (Appendix A) arrives at a high estimate of $1,387,822,000
as compared with a low estimate for the same period of $1,315,575,000.
Comparison of the high revenue estimates with the jirojected operating
and subvention expenditures and capital requirements for the same
period of $1,603,852,000 results in an indicated net revenue deficiency
of $216,030,000 in the general fund, while a like comparison of the low
revenue estimates results in an indicated net revenue deficiency of
$288,277,000 as shown on Table XL
It is well to bear in mind that approximately one-half of the General
Fund expenditures in any one year are fixed either by constitutional
provisions or by statute. When it is considered that in addition thereto
numerous special funds are by statute or constitution withdrawn from
the budgetary control of the Legislature, approximately 33 percent of
the State's total expenditure program is subject to the annual review
of the Legislature through the regular budget process. The inflexibility
of this condition commits the expenditure of the major portion of state
funds without regard to paramount need and effectively estops the
Legislature from exercising its traditional role of controlling the ex-
penditure of the taxpayers' money in a manner best calculated to serve
the interests of the State. Considering as an example the current fiscal
year of 1958-59, total estimated state expenditures amounted to $2,054,-
961,121. Of this total, special fund fixed expenditures amounted to
$571,863,385, and fixed expenditures of the General Fund totaled $800,-
REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE 17
982,026, leaving a balance of only -tOSlMlGJlO as controllable expendi-
tures by the Leo'islature.
"While adniittino- the necessity for special funds in a limited number
of cases, it is the general position of the committee that the inflexible
situation created by the statutory and constitutional earmarking of
funds contributes in a large sense to the present financial crisis facing
the State. If selective appropriation of state revenues was returned to
the Legislature, critical evaluation of the reciuiremeuts of all state
agencies could be made. Funds earmarked for functions in which the
need had grown less acute could be appropriated for the alleviation of
more pressing problems. The Legislature being responsive to the needs
of the people should not be deprived by the inflexible earmarking of
funds of its historic function to evaluate the relative importance of the
problems facing the State and to allocate funds for the solution of these
problems in accordance with its considered judgment.
If, by way of illustration, the costs of education should rise to a point
where the present $180 per student in average daily atte]idance should
prove insufficient to preserve the high educational standards of our
school system, while in the appraisal of the Legislature the State 's high-
way s.ystem was adequate to handle the existing needs, the Legislature
should be in a position to divert revenues earmarked for highway con-
struction to meet the more pressing need of the educational system.
In theory, the practice of earmarking funds is to be deplored, but
there is practical justification for some few continuing appropriations.
Some special funds which should be preserved due to contractual and
constitutional considerations are those providing the State's share of
various retirement funds and providing funds necessary for the pay-
ment of bond interest and principal amounts as due. However, with the
foregoing exceptions, the committee takes cognizance of the fact that
many expenditures have been written into law as continuing appropria-
tions without consideration for the State's expenditure program as a
whole. It is also apparent that insufficient critical analysis has been
accorded the problem of the need to maintain flexibilit}^ in any given
current budget so that the Legislature can, as heretofore pointed out,
determine the most essential ends to be served by the expenditure of
tax moneys.
It is difficult to ascertain in many instances the rationale upon
which certain continuing appropriations are founded. For example, it is
in a sense inconsistent that the funds for education and social welfare
are fixed appropriations on a continuing basis, while correctional and
mental institutions have no such preferred position and must compete
annually with other State agencies for moneys in the limited unear-
marked portion of the general fund. Admitting the indubitable impor-
tance of education, can it be logically argued that the functions per-
formed by the State's correctional and mental institutions are less
important in the final analysis to the welfare of the State ? Such a
question can be answered only in the negative. But the mere fact that
a situation could conceivably arise whereby correctional functions
might be superseded or seriously curtailed while a plethora of moneys
is extant, but unavailable in the special education funds serves to illus-
trate the dangers of continuing appropriations.
18 REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE
Another example of the problems wliieh may arise from the creation
of special funds outside the control of the Legislature's general
budgetary review, exists in the ease of the special regulator}^ funds.
Manj^ professions and trades have prevailed upon the State to enact
laws for their regulation. The argument is invariably made when such
a petition is presented, that the regulation is not an expense to the
State since it will be supported entirely by the fees paid by the mem-
bers of the association. While this may be true insofar as the day to day
administrative work of the regulatory agency is concerned, the profes-
sional and trade groups thus regulated nonetheless secure a benefit
from the State in obtaining regulation for which privilege no compen-
sation is received by the State. This anomalistic situation should not be
allowed to continue. It is suggested that not only should all expenses
incident to special regulation be borne by the group requesting regula-
tion, but also that some amount over and above said expenses should
be paid by the regulated group to the State for the privilege of being
regulated.
With the special regulatory funds, as with other special funds, the
committee opposes the practice of earmarking revenues for special
funds from which expenditures are made without regard for budgetary
considerations. Surpluses of considerable magnitude have accrued to
various of these regulatory agencies which has resulted in the apparent
practice by the agencies of carrying on operations at a current deficit,
thus securing services which are of a greater value than the fees
charged would indicate. These surpluses exist in the face of continuing
general fund deficits, thereby creating a situation of financial feast and
famine. The committee believes that there is no basis in logic for the re-
tention of the fees received by the regulatory bodies. Such fees should
be paid directly into the general fund from which disbursements would
be made to the regulatory bodies as required in the judgment of the
Legislature.
Under a system of fixed expenditures, earmarked funds are unavail-
able for the solution of problems which may in large measure be created
by their expenditure. As was recently pointed out in the report of the
Assembly Interim Committee on Government Organization, an out-
standing example is presented in the ever growing problem of air pollu-
tion. As highway funds are expended in the creation of more new high-
ways, an ever increasing number of motor vehicles are used upon the
highways thus created. There is apparently a unanimity of opinion
among the authorities that motor vehicle exhaust fumes are a major
source of smog. Research on the alleviation of the smog problem has
been hindered by the lack of available funds. The problem has now
been presented to the State for solution in a series of recent bills intro-
duced in the Legislature. Presumably these bills portend a substantial
expenditure of general fund revenues for the solution of the smog
problem, thus adding a new burden on an alread^y overburdened gen-
eral fund budget. It would appear only logical that since the problem
of air pollution bears a close correlation to use of motor vehicles some
portion of revenues presently earmarked exclusivelj' for highway con-
struction should bear a fair share of the necessary smog expenditures.
This is not to say that a portion of the highway fund as such should be
siphoned off into air pollution research, but rather is to point up the
REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE 19
necessity for the abolition of such s])ecial funds so that the equitable
determination of appropriations woukl be vested solely in the Legisla-
ture where it belongs.
This committee concurs witli tlie observation made by the Assembly
Interim Committee on Government Organization that a hirge Jiumber
of fixed permanent appropriations is most undesirable beeause they —
"a. Prevent annual review by the Legislature of the executive
agency involved and thereby preclude the Legislature from
carrying out its historic duty of determining how tax moneys
should be spent.
"b. Provide luxury financing for some activities while starving
others.
"c. Make for budget inflexibility, with the result that some funds
have surpluses and others have deficits.
"d. Destroy the incentive of agencies benefiting from permanent ap-
propriations to justify their programs to the Legislature or to
the public.
"e. Tend to continue year after year even though the original rea-
sons or need may no longer exist. ' '
All too frequently plans for budget reductions have been made to
the Legislature only to be abandoned because thej' fall in areas of con-
tinuing appropriations over which legislative control does not extend.
Obviously, when the legislative power of budgetary review is confined
to a mere 33 percent of gross State expenditures, budget balancing is
almost impossible to achieve without resort to accrued surpluses or
increasing revenues. In passing, it is well to note that this problem has
confronted this committee and that the recommendations hereinafter
proposed encompass both of these alternatives.
The committee concludes that special fund activities, if they must
exist, should be subject to the same legislative budget scrutiny and be
treated in the same manner as agencies supported by the General Fund.
Taxpayers are entitled to receive the same standards of service from
one agency of the State Government as they are from another and they
further have the right to expect their elected representatives to have a
voice in the efficient expenditure of their tax moneys. Such a concept is
basic to the princii^le of representative government.
Summing up the findings and conclusions of this committee, it is ap-
parent that the prospect of mounting state budgetary deficiencies poses
a real and imminent threat to the financial structure of this State. Fore-
most among the causes of this situation is the tremendous population
growth of California since World AVar II. This increase has resulted
in increased demands for state services, particularly in the field of edu-
cation where the pyramiding birth rate, aggravated by the massive
population influx, is even now being felt. An increase of over 50 per-
cent in price levels since World War II has likewise accounted for a
substantial part of the upward trend in state spending. Another factor
productive of budgetary deficiency is the compelling necessity upon the
State to match federal aid programs. Finally, the necessity of all levels
of government to increase expenditures for construction neglected dur-
ing depression and war years has contributed to the present imbalance
of expenditures over revenues. The tangible result of those forces is an
20 REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE
estimated revenue deficiency for the Fiscal Year 1958-59 of $68,400,000.
Estimates for fiscal 1959-60 indicate a possible net revenue deficiency
of $194,550,000, and for 1960-61 an indicated net revenue deficiency
of between $216,030,000 (using the hioh revenue estimates) and $288,-
277,000 (using the low revenue estimates). These estimates may be
materially reduced by a continued improvement in the recent encourag-
ing economic outlook. In the opinion of the committee, a large portion
of future deficits could be alleviated by a more flexible system of revenue
appropriations. Under the present system of fixed constitutional and
statutory continuing appropriations, only 33 percent of the expenditures
of this State are under the budgetary control of the Legislature. Thus,
the Legislature is unable, in many cases, to effectively transfer funds
from agencies where a surplus has accumulated or the need is not great,
to agencies which are in the throes of financial starvation. In such a case,
the only solutions are to dip into the State's dwindling reserves or to
increase revenues. It is, therefore, the position of the committee that
wherever possible the fixed continuing appropriations, whether based
on constitutional or statutory provisions, should be abolished and all
moneys be appropriated from the General Fund on an annual budg-
etary basis.
RECOMMENDATIONS
I. ABOLITION OF SPECIAL FUNDS
The committee recommends that the Leo-islature should take all
necessary steps to abolish all special funds with the exception of those
providing for the State's share of state employees' and teachers' and
other retirement funds, and those necessary for the payment of bond
interest and principal amounts as due.
Special funds are provided either by constitutional provision or by
statute. In the case of the former, the Legislature sliould submit to the
voters a constitutional amendmeiit ■\vhieh would remove from the Con-
stitution all present restrictions against full annual review of the
State's total budget by the Legislature. In the case of special funds
created by statute, the Legislature should by statutory enactment pro-
vide for the elimination of these special funds and should make the
agencies w^hich previously secured their appropriations from the special
funds dependent upon general budgetary appropriation from the Gen-
eral Fund. There follows a brief enumeration of the steps necessary to
accomplish the foregoing :
(a) Special Funds Created by Constitutional Provision :
The following special funds are provided for in the Constitution :
(1) The State School Fuud (Const., Art. IX, Sec. 4), derived from the
sale of public lands and from escheated estates, devoted to the support
of the pul)lie schools.
(2) The Fish and Game Preservation Fuud (Const., A^rt. IV, Sec. 2.j§),
devoted to the protection, conservation, propagation, and preservation
of fish and game, mollusks, or crustaceans, and for the administration
and enforcement of laws relating thereto.
(3) The State Highway Fund (Const., Art. XXVI, Sees. 1 and 2), except
as to funds derived from the Motor Vehicle Transportation License Tax
(Const., Ai-t. XXVI, Sec. 4), devoted to highway purposes.
(4) The State Highway Users Tax Fund (Const., Art. XXVI, Sees. 1
and 2), except as to funds derived from the Motor Vehicle Transiwrta-
tion License Tax (Const., Art. XXVI, Sec. 4), devoted to highway
purposes.
(5) The Motor Vehicle Fund (Const., Art. XXVI, Sec. 2), devoted to high-
way purposes.
(6) The Motor Vehicle Fuel Fund (Const., Art. XXVI, Sec. 1), devoted
to highway purposes.
(7) The Motor Vehicle License Fee Fund (Const., Art. XXVI, Sec. 2),
devoted to highway purposes.
The method for the abolition of these funds w^as pointed out in the
report of the Assembly Interim Committee on Government Organiza-
tion wherein a tentative draft of a constitutional amendment designed
to give the Legislature complete control over state funds and appro-
priations and to limit the time during which specific appropriations
may be expended was included. With the exception of a modification
relating to the State School Fund, said proposed draft could be used
to carry out the recommended program of this committee.
(21)
22 REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE
The tentative draft drawn by the Assembly Interim Committee on
Government Organization is hereinafter set out in its entirety. Said
draft, however, is modified in Paragraph Fourth to include abolition
of the constitutionally created School Fund. Said modification is indi-
cated by italics :
"Resolved by the Assembly, the Senate concurring, That the Legis-
lature of the State of California at its 1959 Regular Session commenc-
ing on the fifth day of January, 1959, two-thirds of the members elected
to each of the two houses of the Legislature voting therefor, hereby pro-
poses to the people of the State of California that the Constitution of
the State be amended as follows :
"First— That Section 38 is added to Article IV, to read:
' ' Sec. 38. No appropriation of any specific sum of money, other than
for the acquisition or construction of public works or for payment of
interest and redemption charges on bonded debts, shall be available for
expenditure for a longer period than one year after the effective date
of the act making the appropriation, except that obligations incurred
within the period of availability for expenditure of an appropriation
may be paid subsequently within such time as may be provided by law.
"Second— That Section 25f of Article IV of the Constitution is
repealed.
"Third — That the first paragraph of Section 25f of Article IV of the
Constitution is amended to read :
"Sec. 25f. The Legislature may provide for the supervision, regula-
tion and conduct, in such manner as it may determine, of wrestling
matches or exhibitions and of boxing and sparring matches or exhibi-
tion; provided, that no boxing or sparring match or exhibition shall be
of more than 12 rounds in length, such rounds to be of not more than
three minutes for each round, except that championship matches may,
if the approval of the State Athletic Commission is first obtained, be
15 rounds in length, such rounds to be of not more than three minutes
duration each. Ali moncysT except such s+mi as ihe Legislature shall
appropriate annually ^e defray the expenses ei ihe ^tate Athletic Com'
mission ©^ California aed te pay^ ike salaries ©I effieei^ a»d employees
as provided by kw^ reeei^^^d by tfee State Item license leesr taxes ev
other meansr ©ft e¥ in i^elatien t© boxing, sparri^ and wi^stfeg matches
©i' exhibitions^ sfeatt be aftd a^e hereby appropviated iB¥ tbe purpose ©I
maintaining s-weli h-em-es #©^ ^e care ©# ^^^t^i^a^is ©f a«y wa*^ ©# ihe
United ^ates as «iay be existing at ihe iimt tbis ame»dmont beeomes
©#eeti¥e7 e¥ ih^ mafr be established by ihe Iftw^ ©f tMs Stater Such
moneys sliall he appropriated as tfee Le^islattwe ©I ^he State ©i Gali-
■fornia may €li*'eetT
"Fourth — That Article IX, Section 4 and the third and fourth para-
graphs of Section 6 of Article IX are repealed.
"Fifth— That Article XXVI of the Constitution is repealed."
(b) Special Funds Created by Statute:
The following special funds are created by statute. The abolition
of these funds could be accomplished by legislative enactment
either repealing or modifying the respective statutes.
(1) The Alcoholic Beverage Control Fund (B. & P. C, Sec. 25761), de-
rived from license fees and excise taxes levied on alcoholic beverages.
EEPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE
23
(2
(3
(4
(5
(6
(T
(8
(0
(10
(11
(12
(13
(14
(15
(16
(17
(IS
(19
The Division of Arcliitocture Public IJiiildius Fund (Ed. C, Sec.
18198), derived from fees (-liiirf;ed by the Division of Architecture in
connection with school building construction.
The Assembly ContiuReut Fund (Gov. C, Sec. !)127), derived from
budgetary approiiri.-it ions.
The Deiiartment of Fmployment Continjient Fund (U.I.C., Sees. 1,^)8")-
15S9), derived from interest on contrii)utions and penalties imposed.
The Fair and ExiDOsition Fund (B. & P. C, Sees. 1{K)20-1!)024), de-
rived from horse raeiu!'; i-evenue.
The Legislative Printing Fund (Gov. C, Sec. 1)128), derived from
budgetary appropriations.
The Motor Vehicle Transportation Tax P^ind (R. & T. C, Sees. 10450-
19450), derived from license taxes imposed upon persons transporting
for hire.
The Poultry Testing Project P^und (Ag. C, Sec. 47), derived from fees
received for services rendered by the Poultry Improvement Commission.
The Insurance Fund (Ins. C, Sec. 12974), to the extent of receipts
from the Suri)lus JAne Brokers Tax (Ins. C, Sec. 1775.5).
The Redemption Tax Fund (R. & T. C, Sees. 3000, 3001), consisting
of money derived from the rental of property deeded to the State for
delinquent taxes.
The Senate Contingent Fund (Gov. C, Sec. 9120), derived from
budgetary appropriations.
The Sixth District Agricultural Association Fund (Ag. C, Sec. 91.5),
derived from various sources, including rentals of property and appro-
priations received by the association.
The State Beach and Park Fund (P. R. C. Sec. 5010), derived from
tideland revenues and from fees, rentals and other returns from state
park areas.
The State College Fund (B. & P. C, Sec. 19020.1), derived from
horse race breakage.
The State Lands Act Fund (P. R. C, Sees. 0505, 0810), derived from
tideland revenues and leases of state lands.
The State Fair Fund (Ag. C, Sec. 70), derived from money received
by the Board of Directors of the California State Fair and Exposition,
either from operations or appropriations.
The Veterans Dependents Education Fund (M. & V. C, Sec. 898),
derived from oil royalties received by the State.
The Wild Life Restoration Fund (B. & P. C Sec. 19027), derived
from license fees from horse racing meetings.
The State School Construction Fund (Ed. C, Sec. 7644; Stats. 1957,
Ch. 2383), derived from a transfer from the Investment Fund.
(c) Special Regulatory Funds :
With but two exceptions, funds for regulatory bodies are pro-
vided by statute and as such, may be abolished by act of the
Legislature. The Osteopathic Examiners' Contingent Fund and
the State Board of Chiropractic Examiners' Fund were placed
in the laws of this State by initiative and will be treated later
in this subheading. The special regulatory funds set up by stat-
ute are :
(1) Accountancy Fund (B. & P. C, Sees. 5052, 5053).
(2) Department of Agriculture Fund (Ag. C, Sec. 20).
(3) Architectural Examiners Fund (B. & P. C, Sees. 5000, 5602).
(4) State Banking Fund (Fin. C, Sees. 270-275).
(5) State Board of Barber Examiners Fund (B. & P. C, Sec. 0029).
(0) Cemetery Fund (B. & P. C, Sec. 9709-9770).
(7) Collection Agency Fund (B. •& P. C, Sec. 0955).
(8) Contractors' License Fund (B. & P. C, Sec. 7135).
(9) Board of Cosmetology's Contingent Fund (B. & P. C, Sec. 7440).
(10) State Dairy Products Trust Fund (Ag. C, Sec. 740.3).
(11) State Dentistry Fund (B. & P. C, Sec. 1721).
(12) Dry Cleaners' Fund (B. & P. C, Sec. 9575).
24 REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE
(13) State Funeral Directors and Embalmers Fund (B. & P. C, Sec. 7727).
(14) Bureau of Furniture and Bedding Inspection Fund (B. & P. C, Sec.
19174).
(15) Insurance Fund, to the extent of license fees contained therein (Ins.
C. Sec. 12074).
(16) Itinerant Merchants Fund (B. & P. C, Sees. 16431, 16432).
(17) State Board of Landscape Architects Fund (B. & P. C, Sees. 5682,
5683).
(18) Contingent Fund of the Board of Medical Examiners (B. & P. C, See.
2456).
(19) Board of Nurse Examiners Fund (B. & P. C, Sees. 2810, 2814).
(20) State Optometry Fund (B. & P. C, Sec. .3144).
(21) Petroleum and Gas Fund (Pub. Res. C. Sees. 3110, 3111).
(22) Pharmacy Board Contingent Fund (B. & P. C, Sec. 4414).
(23) Physical Therapy Fund (B. & P. C, Sees. 2693, 2694).
(24) Board of Pilot Commissioners Special Fund (H. & N. C, Sec. ll.">9).
(25) Priyate Inyestigator and Adjuster Fund (B. & P. C, Sec. 7581).
(26) Professional Engineers Fund (B. & P. C, Sec. 6797).
(27) Real Estate Fund (B. & P. C, Sees. 104.50, 10451).
(28) Registered Social Workers Fund (B. & P. C, Sees. 9037, 9038).
(29) Sayings and Loan Inspection Fund (Fin. C, Sees. 5.350-.5353 ) .
(.30) Shorthand Reporters' Fund (B. & P. C, See. 8030).
(31) Transportation Rate Fund (P. V. C. Sees. 5001-5005).
(32) Veterinary Examiners' Contingent Fund (B. & P. C, Sees. 4903, 4904).
(33) Structural Pest Control Fund (B. & P. C, See. 8676).
(34) Vocational Xurse Examiners' Fund (B. & P. C, Sees. 2890, 2893,
2894).
(35) Yacht and Ship Brokers' Fund (B. & P. C, See. 8967).
(36) Real Estate Education and Research Fund (B. & P. C, Sees. 10450.6,
10451.5).
As heretofore stated, there remain two regulatory funds which are not
based purely upon statutory enactment, but which were originated by
initiative. These are the Osteopathic Examiners' Contingent Fund
( Deering Act 5727, Sec. 1 ) , and the Board of Chiropractic Examiners '
Fund (Sec. 14 of an initiative measure approved by the people on No-
vember 7, 1922). These funds, while not provided specifically in the
Constitution, under Article 4, Section 1 of the Constitution relating to
initiative measures, can only be repealed by vote of the people.
In summation, it is the recommendation of the committee that special
funds, whether statutory or constitutional, be abolished. Measures neces-
sary for such abolition fall in three categories : As to strict constitu-
tional funds, the Constitution itself must be amended ; as to statutorily
created funds, inckiding the special funds for regulatory bodies, the
Legislature may amend or repeal the statutes upon which special funds
are based; as to the Osteopathic Examiners' Contingent Fund and the
Chiropractic Examiners' Fund, since these funds were set up by initia-
tive, it is necessary that authority to repeal them be gained from the
vote of the electorate. The committee recommends to the Legislature that
all necessary steps to secure the abolishment of such funds be taken.
II. DEVELOPMENT OF A TAX PROGRAM BASED UPON
COMPLETE LEGISLATIVE CONTROL OF REVENUES
AND EXPENDITURES
The committee recommends that a complete and exhaustive study be
made of the basic revenue and expenditure program of the State of
California based upon complete legislative control of all state revenues
and expenditures. This recommendation is premised upon the adoption
REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE 25
of recommendation No. 1, snpra, viz. : Aliolishment (with specified ex-
ceptions) of all special funds both constitutional and statutory and
acquisition of all state revenues by Ihe (Jeneral Fund.
It is apparent that in tlie event that the exclusive control of state
revenues and expenditures be vested in the Legislature, a far-reaching
program must be undertaken to determine the necessary changes, if
any, in the financial structure of the State to operate under these
changed conditions. Possible grounds of inquiry might include the ad-
visability of centralizing revenue collections, and purchasing, abolish-
ment of various duplications in function, etc. Significant economies may
be realized from such steps.
In A. C. R. No. 206, this committee was given plenary power to
study revenue sources through 1965-66. There is, however, an area of
considerable dubiety as to whether the powers accorded this committee
are plenary in so far as they relate to a study of all of the state
expenditures for a similar period. Such a study should encompass not
only ways and means of increasing revenues, but should also include a
consideration of basic expenditure programs and methods for increas-
ing governmental efficiency by consolidating functions and eliminating
waste and duplication.
Bil. SPECGAL INTERIM REVENUE PROGRAM
INTRODUCTION
The committee is cognizant of the fact that benefits resulting from
the accomplishment of recommendations I and II, supra, if adopted,
will not be reflected in state financial affairs for a period of as much as
two years from the end of fiscal 1958-59. Since, as seen in the findings
and conclusions of this report, estimated revenue deficiencies of $68,-
400,000 for fiscal 1958-59, $194,550,000 for fiscal 1959-60, and between
$216,030,000 and $288,277,000 for fiscal 1960-61, may possibly result,
it is, therefore, believed by the committee that it is incumbent upon it
to point out possible additional sources of revenue which if adopted
would, either singly or in equitable combination, defray the aforesaid
revenue deficiencies. The committee recommends that enabling legisla-
tion for said possible additional sources of revenue be of an interim
nature and expire at the close of the 1960-61 Fiscal Year.
The most immediately obvious means of substantially offsetting the
possible revenue deficiencies is the time-honored practice of expropriat-
ing extant surplus funds and applying them in reduction of the current
deficits. As of June 30, 1960, it is estimated that over $24,000,000 in
special funds will be available for this treatment.
Accordingly, the committee hereinafter enumerates and discusses
various possible sources of revenue which might be available to carry
the State's fiscal program through 1960-61. It should, however, be
borne in mind that while the committee makes no specific recommenda-
tion as to the adoption of any one of the following revenue sources
(with the aforestated exception that miy statutory changes bringing in
new revenue should be only of an interim nature expiring at the close
of fiscal 1960-61), the committee does commend to the Legislature the
necessity of exercising extreme care in the adoption of any of these
revenue sources to the end that California's equitable slightly progres-
sive tax structure will be preserved.
26 REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE
SOURCES FOR AN INTERIM REVENUE PROGRAM
(a) Expropriation of Accrued Special Fund Surpluses
The committee study has revealed that there are accumulated sur-
pluses iu certain of the special funds in excess of $24,000,000, certain
of which, in the opinion of the committee, are not needed for the special
purposes for which they were dedicated. There follows an enumeration
of certain special funds and the balances accrued thereto. These bal-
ances are the estimated surpluses available as of June 30, 1960 :
State Fair and Exposition Fund $7,000,000
Accumulated balances of District and County
Fair Funds 7,800,000
Accountancy Fund 102,000
Agriculture Fund 615,000
Architecture Public Building Fund 347,000
Insurance Fund 1,000,000
Real Estate Fund 1,002.000
Redemption Tax Fund 646,000
Savings and Loan Inspection Fund 351.000
State School Construction Fund 800,000
Bond Sinking Fund of 1943 5,000,000
Total $24,663,000
Sources : Fund balances — 1959-60 Budget and Report of the Legislative Analyst.
The aforegoing sum does not take into account approximately $18,-
700,000 of uncommitted prior appropriations to the Division of Beaches
and Parks. The committee suggests that further study of these uncom-
mitted appropriations is necessary before any of the aforesaid sum is
taken back to the General Fund. The Division of Beaches and Parks
receives an annual appropriation of $12,000,000 from the State Lands
Act Fund. The aforesaid $18,700,000 is an estimate of that portion of
the moneys controlled by the Division of Beaches and Parks which,
while appropriated, has not been contractually committed by the divi-
sion. Recovery of these appropriations would, in any case, mean that
planned projects would have to be cancelled.
In addition to the aforesaid special fund balances, the Legislative
Analyst 's report makes mention of $20,000,000 of State School Build-
ing Aid Bonds which were authorized by the Legislature, but have not
been issued. The Analyst's report states "Chapter 104, Statutes of 1958,
First Extraordinary Session, authorizes the Director of Finance to
order the $20,000,000 in bonds to be sold with the proceeds to be de-
posited in the General Fund when in his opinion such action is neces-
sary to meet the needs of the General Fund. ' ' The committee has con-
sulted the office of the Director of Finance to ascertain the reason for
the omission of this source of revenue for the purposes of financing the
current budget. The committee was informed that certain legal ques-
tions exist that would probably affect the salability of the bonds. The
committee recommends that the Director of Finance take appropriate
action to facilitate the issuance of the bonds.
REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE 27
(b) Self -assessment of Insurance Gross Premiums Tax
The committee notes that in liis l)ii(loet messa<?e for 1959-60, the
Governor has recommended tlial the method of assessment and collec-
tion of the insurance gross premiums tax be chanjied to a self-assess-
ment procedure so that the proceeds of that tax calculated on premiums
for the calendar year 1958 instead of bein<i' received by the State in the
fall of 1959 will be received in April, 1959. It is clearly apparent that
the net effect of such a change would be to move the received date of
the aforesaid tax forward one fiscal year. By this change, the Governor
calculates that the added revenues for the current fiscal year of ii^55,-
600,000 may be used to reduce the carrvover deficit of the current fiscal
year from "$68,400,000 to $12,800,000.^
The committee appi-oves of this portion of the Governor's program.
(c) Interim Increase of Bank and Corporation Franchise Tax
The committee submits that the Bank and Corporation Franchise
Tax rate could be increased from its present 4 percent to 5 percent of
net income and that the maximum rate of tax on banks and other finan-
cial corj^orations be raised from its present 8 percent to 10 percent of
net income. It is recommended that such rate raises be of an interim
nature and remain in effect no later than June 30, 1961, unless re-
newed by the Legislature. By these interim increases it may be ex-
pected that the State would realize a revenue increase of approximately
$70,000,000 through the fiscal year ended June 30, 1961. It is further
suggested that any legislation be made eftective as of January 1, 1959,
in order to obtain the estimated revenue increase.
The California tax laws applicable to banks and corporations are
composed of three types of taxes : The first is the Corporation Fran-
chise Tax w^hich is a tax on general corporations doing business in this
State and on financial corporations located outside of the State. The
tax is levied for the privilege accorded to said corporations whereby
they are allowed to exercise their corporation franchise within the
State. It is levied according to, and measured by, net income. The
second is the Corporation Income Tax which is levied on the net in-
come of corporations doing an interstate business which is derived from
sources within this State. The third is the Bank Tax which is levied
on California banks according to their net income.
The present Bank and Corporation Franchise Tax is 4 percent of net
income. The minimum tax is $25. Banks and other financial corpora-
tions are taxed on the basis of a formula, the rate being a percentage
equal to the average percentage of the total amount of net income of
all general corporations other than the public utilities for the next pre-
ceding year payable as franchise taxes and personal property taxes by
all such general corporations. The present maximum of such tax is
limited to 8 percent of net income (source: Gould, The California Tax
System, West Publishing Co., 1956).
California is rated as haying one of the lowest Bank and Corpora-
tion Tax rates among the leading industrial states.
28 REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE
The following table gives a comparison of the state corporation net
income tax rates of some of the leading industrial states :
STATE CORPORATION NET INCOME TAX RATES
As of September 1, 1958
Flat rate or Highest MiniDiuin
State loicest hrackct hracket tax
California 4% 4% $25
Connecticut 3.75 3.75 20
Massachusetts 6.705 6.705 »
Minnesota 7.30 7.30 10
New York 5.5'' 5.5 25
Oregon 6-= 6 10
Pennsylvania 6 6
■•> Greater of $25 or one-twentieth of 1 percent of capital stock value.
bin addition, there is a tax of one-half mill per dollar of the next $50,000,000 and
one-eighth mill on the remainder of subsidiary capital.
<^ A limited offset against the tax is allowed mercantile, manufacturing and business
corporations for certain personal property taxes paid on materials and finished
products.
Source: Facts and Fir/ures on Government Finance, 10th Edition, Tax Foundation,
Inc., p. 179.
From the foregoing, it is the opinion of the committee that the pro-
posed raise in Bank and Corporation Franchise Tax rates would not be
ineqnitable and wonld bring California into a comparative position
with other leading industrial states. It is further the opinion of the
committee that an increase in rates will not deter the influx of new
industry in California nor will it place undue competitive burden
upon industry presently located in this State.
(d) Curtailment of Installment Payments of Franchise Tax
The committee observes that under present law taxpayer corpora-
tions pay their taxes in two equal installments. The first installment
is due on or before the fifteenth day of the third month following the
close of the income year. The second installment is due six months later.
No interest is charged on the second installment if made on or before
the due date. It is estimated that the practice of interest-free install-
ment paying by taxpaj^er corporations under the above cited provision
of the law costs the State in excess of $800,000 per year in lost income.
This amount represents the interest which the State would have re-
alized from second installment moneys had they been available for in-
vestment during the six months' period between the first and second
due dates. Two possibilities are suggested by the committee's considera-
tion of this situation :
1. Elimination of the installment provision making the entire tax
payable on or before the fifteenth day of the third month following
the close of the income year.
2. Assessment of interest at the rate of 6 percent per annum on the
unpaid installment.
It is the committee's position that complete elimination of the provi-
sion permitting installment payments might possibly work a hardship
on the corporate taxpayers in that it would make mandatory a lump
sum tax payment. Certain taxpayer corporations, because of inherent
seasonal fluctuations in business and for other reasons, might encounter
difficulty in paying their tax in one payment. On the other hand, there
appears to be no reason why the State should lose money by allowing
REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE 29
what is essentially a convenience for the taxpayer. If the taxpayer
corporations wish to avail themselves of the privilege of paying for
taxes in two installments, it is only reasonable that they hold the State
harmless from loss of revenue resulting from their choice. For these
reasons, the committee favors the retention of the installment plan, but
recommends that those taxpayer corporations choosing to avail them-
selves of installment payments be assessed an interest charge of 6 per-
cent per annum on the unpaid balance of their tax obligation after
the first due date to compensate the State for the loss of income which
might otherwise be realized on the investment of such funds during
the 3^ear in which the second installment remains unpaid.
If the 6 percent interest plan is adopted the committee feels that
an additional benefit will inure to the State in that the majority of
corporate taxpayers in order to avoid the interest payment will pay
their entire tax on the first due date. The effect of such action would
be to receive the bulk of the revenue from this source one fiscal year
sooner than would ordinarily be the case. If this provision were inaugu-
rated so as to be eifective in 1959-60 the one time gain to the State
would be $47,000,000.
(e) Interim Increase in Personal Income Tax
The committee suggests the possibility of raising the personal income
tax rates as follows :
Tax rates
Tax bracket Existing Proposed
$0-$5,000 1% 2%
5,000-10,000 2 3
10,000-15,000 3 4
15,000-20,000 4 5
20,000-25,000 5 6
25,000 and over 6 7
It is suggested that such rate raises be of an interim nature and
remain in effect no later than June 30, 1961, unless renewed by the
Legislature. By these interim increases it may be expected that the
State would realize a revenue increase of approximately $203,000,000
through the fiscal year ended June 30, 1961. It is further suggested
that any legislation be made effective as of January 1, 1959, in order
to obtain the estimated revenue increase.
The concept of income tax had its genesis in California in 1879
when in the Constitution adopted that year a provision was incorpo-
rated authorizing the Legislature to impose an income tax. Despite
the authorization, however, no legislative action was taken on the
subject until 1933 when a personal income tax bill was enacted by
the Legislature only to be killed by the pocket veto of the Governor.
In 1935 the Personal Income Tax Act was passed prescribing a tax
rate ranging from 1 percent on net income not exceeding $5,000 to
15 percent on net income exceeding $250,000.
Between 1943 and 1945 income tax rates were reduced to a minimum
of 1 percent on net income of $10,000 and below and a maximum of
6 percent on net income in excess of $30,000. In addition, personal
exemptions were increased.
30 REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE
The present law imposes a tax on taxable income of individuals,
trusts and estates -which is graduated from 1 percent taxable income
not exceeding $5,000 to 6 percent on an}^ portion of taxable income
in excess of $25,000 (see table supra).
In 1955 the Legislature considerably revised the Personal Income
Tax Law so as to conform many of its provisions with similar provi-
sions of the Federal Internal Kevenue Act of 1954 (Title 26, U. S. C. A.
as revised 1954). The committee observes that there remain areas of
nonconformity, among which are :
A. Treatment of dividends ;
B. Treatment of accelerated depreciation ;
C. Treatment of capital gains.
It is the belief of the committee that any attempt to further conform
the state and federal personal income tax enactments should be done
carefully and only after extended studj^ of the revenue consequences
thereof, since the principal reason for the present deviation from com-
plete conformity is perhaps that such conformity might well result in
a sizable revenue loss to the State.
From the standpoint of personal income taxes, California, compared
with other leading industrial states, is a low tax state. The following
compares the individual net income tax rates of California with five
other leading industrial states as of September 1, 1958.
STATE INDIVIDUAL NET INCOME TAX RATES
As of September 1, 1958
ilaainium personal exemptions
and credit for dependents
Lotvest bracket
Highest bracket
Married
Credit
Rate To net in
- Rate Income
or head
for each
State (Percent) come of
(Percent) above
of fam ily
Single
dependent
California 1 $-5,000
6 .$25,000
$3,500
$2,000
$400
Colorado 1' 1,000
10" 11,000
1,.500
750
750
Massachusetts 3.075" All
2,500
2,000
400
Minnesota 1<^ 1.000
10^ 20.000
30"
10 <
10 0
New York 2"' 1,000
7* 9,000
2,.500
1,000
400
Oregon 3 500
9.5 8,000
1,200
600
600
» A surtax of 2 percent is levied on gross income in excess of $600 received as divi-
dends and interest.
^ On income from- businesses, employments, professions and trades.
'' In addition, surtax of 10 percent of regular rate is imposed.
^ Amount deducted from tax.
* Income from unincorporated businesses taxed at 4 percent.
Source: Facts and Figures on Government Finance, 10th Edition, Tax Foundation,
Inc., pp. 176 and 177.
It can be observed from the foregoing table that generally California :
A. Has in common with Colorado and Minnesota the lowest minimum
tax rates (1%) ;
B. Has the highest low tax bracket of any state ($5,000) ;
C. Has the loAvest maximum tax rate (6% ) ;
D. Reaches its maximum rate at the highest amount of net income
($25,000) ; and
E. Has the highest family exemption ($3,500) and with Massa-
chusetts the highest single taxpayer exemption ($2,000).
REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE 31
The forogoing combine to strikingly illustrate that in comparison
with other leading industrial states, California's Personal Income Tax
laws appear to be susceptible to revision so as to produce considerably
larger revenues than at the present time.
Further proof of this situation can be drawn from the following table
which sets out selected State Personal Income Tax collections per capita
and as percentage of personal income. It should be noted that the
figures in this table are stated as of 1956 for the reason that said year
was the last year of full employment, as defined in the re])ort of the
Bureau of Business and Economic Pesearch.
SELECTED STATE PERSONAL INCOME TAX COLLECTIONS, PER CAPITA
AND AS PERCENTAGE OF PERSONAL INCOME
Percent of
State Per capifd Personal income
California $9.52 .39%
Colorado 12.61 .68
Massachusetts 22.30 1.01
Minnesota 19.04 1.09
New York 27.62 1.15
Oregon 40.03 2.10
Source: Compendium of State Government Finances in 1956 — U. S. Department of
Commerce.
This table shows clearly that of the six states contained therein, Cali-
fornia not only has the lowest per capita Personal Income Tax, but also
takes the lowest percent of personal income by its tax. Therefore, the
committee concludes that its recommended rate increases would not be
unduly burdensome on the individual taxpayer, particularly in light of
the generous personal exemptions and wide tax brackets.
(f ) Curtailment of Installment Payments of Income Tax
The Committee notes that as in the aforementioned case of the Bank
and Corporation Franchise Tax, there is in the Personal Income Tax
Law a provision whereby the taxpayer can pay his tax liability in
installments. Sections 18551 and 18552 of the Revenue and Taxation
Code allow the taxpayer to make his first installment payment on the
fifteenth day of the fourth month following the close of his fiscal j^ear.
The second installment is due four months after the first payment. The
third and final installment is due eight months after the first payment.
No provision is made for the assessment of interest on the unpaid in-
stallments. By allowing these interest-free installment payments, it has
been estimated that the State loses in excess of $200,000 in revenue
annually. This follows for the same reasons as have been heretofore
stated in the committee's discussion of the similar installment provi-
sion of the Bank and Corporation Franchise Tax Law.
The committee recommends the retention of the installment provision
of Section 18552, Revenue and Taxation Code, but further recommends
that those taxpayers electing to pay their tax by installment, rather
than by lump sum on the first due date, be assessed an interest charge
of 6 percent per annum on the unpaid balance of their tax liability to
compensate the State for the loss of income which it would normally
realize had the tax been paid on the first due date so as to be available
thereafter for investment.
32 REPORT OF THE JOINT LEGISLATRT] TAX COMMITTEE
For the same reasons applicable to the Bank and Corporation Tax
the committee regards it probable that the imposition of interest on
personal income tax second installments will resnlt in the majority of
the taxpayers completing their annual payments with the first install-
ment. If such payments were to be received in the 1959-60 Fiscal Year
the State would realize a one time gain of $14,000,000.
(g) Interim Expansion of the Sales Tax Base to Include Services and
Periodicals
Authority for California sales tax is found in Section 6051 of the
Kevenue aud Taxation Code wherein it is provided in pertinent portion :
"For the privilege of selling tangiMe personal property at retail
a tax is hereby imposed upon all retailers at the rate of 2^ percent
of the gross receipts of any retailer from the sale of all iangihle
personal property sold at retail in this State on or after August 1,
1933, and to and including June 30, 1935, and at the rate of * * *
3 percent thereafter." (Emphasis added.)
In its present form it will be noted that the tax pertains only to the
sale of tangihle personal property at retail, thus exempting by defini-
tion the performance of any intangible services such as dentistry, law,
accounting, etc. It has been estimated by the Legislative Analyst's office
that broadening of the sales tax base to include services would increase
the annual sales tax rcA-enues approximately 16.6 percent. Based upon
recent sales tax revenue figures, this would translate on a dollar basis to
approximately $111,000,000 annually or $222,000,000 by the close of
fiscal 1960-61. The committee suggests that any such expansion be of
an interim nature and effective only until the close of fiscal 1960-61 at
which time it is presumed that studies will have resulted in a compre-
hensive fiscal plan for the State.
A tax of this sort is not without precedent in this country. New
Mexico taxes all services including those of a professional or technical
nature paid for on a fee basis. The enabling language for such a tax
is contained in Volume 10 New Mexico Statutes 1953, Chapter 72,
Article 16, Section 4, and reads in part as follows :
' ' There is hereby levied * * * privilege taxes, measured by the
amount or volume of business done, against the persons, on account
of their business activities, engaging or continuing, within the
state of New Mexico, in any business as herein defined, and in the
amounts determined by the application of rates against gross
receipts, as foUoAvs : * * * .
"PI. At an amount equal to two (2) percent of the gross
receipts of any person engaging or continuing in the practice of
any profession, or of any business in which the service rendered is
of a professional, technical or scientific nature and is paid for on
a fee basis, or by a consideration in the nature of a retainer."
Although New Mexico is the only state which includes professional
services in its sales tax base. West Virginia levies a tax on all services
other than those of a professional nature. Sections 959 et seq. West
REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE 33
Virginia Code of 1955 provide for the imposition of the privilege tax.
Basically Section 960 provides in pertinent part:
"There is hereby levied * * * annnal privilege taxes against
the persons on acconnt of the business and other activities, and in
the amounts to be determined by the application of rates against
values or gross income as set forth in Sections * * * ."
Section 959 defines service business or calling as including all non-
professional activities.
Arizona excludes all professional services not specifically made tax-
able by statute and includes within its tax base those transactions
where both services and materials were furnished. The applicable
statute is Title 42, Ch. 8, Article 1, Section 1309 et seq. Arizona Revised
Statutes. Section 1309 provides in part:
"There is levied * * * annual privilege taxes measured by the
amount or volume of business transacted by persons on account
of their business activities, and in the amounts to be determined
by the application of rates * * * in accordance with the schedule
as set forth in 42-1310 through 42-1315."
Said latter sections set out taxes against certain specified businesses
and occupations, but do not include any of a professional nature.
As a suggested method of including services within the sales tax
base it is submitted that that purpose could be accomplished by amend-
ing Section 6051, Revenue and Taxation Code to read :
"For the privilege of selling tangible personal property at retail
or for the privilege of performing services for which a charge is
made or a fee received , a tax is hereby imposed upon all retailers
arid upo7i all persons regularly engaged in performing services for
which a charge is made or a fee received at #ie ^arfee ei 3^ percent
el ihe gpess ^eeei^te ei a*iy retailer from the sale ei ail tangiMe
personal property se44 at retail m ^m State eft e¥ bM^b August iy
40^ anrd: te afid- including Juno ^ 1935 a»d a% the ¥ate el S pei=-
ee«-t thereafter, asd at the i^afee el S-^ percent e» aiid aftog July ^
1913 aiid te aii4 including June ^ 1919 b»A at the rate of 3 per-
cent thereafter of the gross receipts of any retailer from the sale
of all personal property sold in this State and of the gross receipts
from charges or fees of any person regularly engaged iyi perform-
ing services in this State for which a charge is made or a fee is
received. (New matter in italics, deleted matter stricken.)
The foregoing changes would place all services within the sales tax
base. If it is considered desirable from historical or policy considera-
tions to exempt professional services this could be accomplished by
the addition of Section 6368A to the Revenue and Taxation Code. This
proposed section could read along the following lines :
"There is exempted from the taxes imposed by this part the
gross receipts received in charges and fees for professional services
performed in this State. For the purposes of this part professional
services are those performed in their professional capacity by duly
licensed medical doctors, osteopaths, chiropractors, attorneys, cer-
2— L-46S6
34 REPORT OF THE JOINT LEGISLATWE TAX COMMITTEE
tified public accountants, public accountants, doctors of dentistry,
civil engineers, chemical engineers, mechanical engineers, electrical
engineers, and technical engineers of any type whatsoever. Further
exempted from the taxes imposed by this part are the gross
receipts received by any duly authorized person for performing
a marriage ceremony. ' '
In addition to the foregoing a further potential source of revenue
is found in Section 6362 Revenue and Taxation Code which exempts
from the sales tax newspapers and periodicals. Recognizing the patent
necessity for exempting newspapers, there is little need to exempt
periodicals. It is therefore suggested that Section 6362 be amended to
read as follows :
' ' 6362 . Newspapers asd pcriodicalsi. There are exempted from
the taxes imposed by this part, the gross receipts from the sale of,
and storage, use or other consumption in this State, of tangible
personal property which becomes an ingredient or component part
of any newspaper e^ periodical regularly issued at average animal
intervals not exceeding three months one month and any such
newspaper e^ periodical . ' ' (New matter in italics — deleted matter
stricken.)
The Legislative Analyst's office has advised that bj^ removing the
present exemption on periodicals the State would realize approximately
$4,900,000 annually or a $9,800,000 increment by the end of fiscal
1960-61.
(h) Interim Expansion of Sales Tax Base to Include Utilities
Generally speaking it may be observed that with but few exceptions
(including California) the states of this country levy in one form or
another a tax upon utilities and that in most cases said taxes bear a
direct correlation to the utilities gross receipts.
Turning again to the impelling necessity to provide additional rev-
enues, it is the opinion of the committee that this could well be accom-
plished by an interim expansion of the sales tax base so as to include
electrical, gas, water, telephone and telegraph utilities. Taking fiscal
1959-60 as a sample year, estimates furnished by the Legislative
Anah'st show that the revenues set out in the following table would
probably result.
REVENUE ESTIMATES BY UTILITY 1959-60
(Source; State Bocrd of Equalization)
Utility Revenue Estimate
Electricity $25,215,000
Gas 14,766,000
Water 6,720,000
Telephone 22,524,000
Telegraph 300,000
Total $69,525,000
REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE 35
Assuming absolute stability (not likely in view of the population in-
crease factor), the inclusion of utilities within the gross receipts (sales)
tax base, would produce an increment of $]3!),050,000 by the close of
fiscal 1960-61.
Two legislative changes would be necessary to accomplish the fore-
going. Gas, electricity and water are exempted from the present gross
receipts tax by Section 6353 Revenue and Taxation Code which pro-
vides :
"There are exempted from the taxes imposed by this part the
gross receipts from the sales, furnishing, or service of and the
storage, use, or other consumption in this State of gas, electricity,
and water when delivered to consumers through mains, lines, or
pipes."
Repeal of Section 6353 would bring gas, water and electricity, as
tangible personal property, within the purview of the gross receipts
(sales) tax.
Telephone and telegraph utilities derive their present immunity from
the tax not by reason of any express exemption, but by reason of the
fact that they have been held to sell an intangible service rather than
tangible personal property. Amendatory language would then perforce
be necessitated in the basic tax statute itself. As heretofore stated, Cali-
fornia sales or gross receipts tax finds its genesis in Section 6051 Reve-
nue and Taxation Code which presently limits application of the tax
to the sale of tangible personal property, thus eliminating by defini-
tion intangible services. In the opinion of the committee the changes in
Section 6051 suggested above would effect the desired results. It should,
however, be noted that if it is the wish of the Legislature to confine the
tax to utilities only, care must be taken in the drafting of additional
exempting sections to be added to Division 2, Chapter 4, Article 1 and
2, Revenue and Taxation Code so as to save from the application of the
tax those services which would otherwise by the amendment of Section
6051 be included.
(i) Interim Expansion of the Sales Tax Base to Include Food Prod-
ucts Sold at Retail
Another primary revenue source can be realized by expanding the
sales tax base to take in the retail sale of food products presently
exempted under Section 6359, Revenue and Taxation Code which sec-
tion provides :
"6359. Food Products. There are exempted from the taxes
imposed by this part the gross receipts from the sale of and the
storage, use, or other consumption in this State of food products
for human consumption.
" 'Food products' include cereals and cereal products, milk and
milk products, oleomargarine, meat and meat products, fish and
fish products, eggs and egg products, vegetables and vegetable
products, fruit and fruit products, spices and salt, sugar and sugar
products other than candy and confectionery, coffee and coffee
substitutes, tea, cocoa and cocoa products other than candy and
confectionery.
36 REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE
" 'Food products' do not include spirituous, malt or vinous
liquors, soft drinks, sodas, or beverages such as are ordinarily
dispensed at bars and soda fountains or in connection therewith,
medicines, tonics, and preparations in liquid, powdered, granular,
tablet, capsule, lozenge, and pill form sold as dietary supplements
or adjuncts.
" 'Food products' also do not include meals served on or off the
premises of the retailer or drinks or foods furnished, prepared, or
served for consumption at tables, chairs, or counters or from trays,
glasses, dishes, or other tableware provided by the retailer.
" 'Food products' include milk shakes, malted milks, and any
other beverages composed at least in part of milk or a milk product
and requiring the use of milk or a milk product in their prepara-
tion, which are purchased for consumption off the premises of the
retailer. ' '
Repeal of this section would bring the sale of food products under the
sales tax thus resulting in an increase in sales tax revenues in excess
of 22 percent. Precedent for such an interim inclusion of food under
the sales tax is to be found in our own State where the present sales tax
was levied on food for a 23-month period in 1935 to 1937. At that time
revenue from the taxing of the sale of food accounted for almost 25
percent of the total sales tax revenues. Present estimates furnished by
the Legislative Analyst and the State Board of Equalization indicate
that such action would result in an annual increment to the State of
approximately $131,920,000. Over the two-year period ending June 30,
1961, approximately $263,840,000 would be realized.
While perhaps one of the most regressive of applications of the gross
receipts t^-pe of tax, it is interesting to note that as of 1950 only seven
states, including California, out of the total number of states which
levy a sales tax, exempt food from their sales tax — this despite the
inherent lack of equity of this application of the tax.
(j) Increase of Tax Rate in Certain Inheritance Tax Categories
With the exception of Alaska, for which no information is presently
at hand. 47 states and the District of Columbia impose a tax on the
devolution of a decedent's property. Only Nevada, which is prohibited
by constitutional amendment (Amendment of 1942, Section 1, Article
X, Nevada Constitution), fails to avail itself of some sort of decedent's
property tax. Taxes on decedent's property fall into two general cate-
gories, viz: Inheritance taxes and estate taxes. An inheritance tax
strictly speaking, is a tax on the right to receive. It is measured by the
share of the estate going to each particular beneficiary, and varies in
most states according to the relationship of the beneficiary to the
decedent. An estate tax, on the other hand, is a tax upon the net estate
of the decedent, and is said to be a tax on the right to transmit the
property from the decedent's estate to the living. It does not matter
who the beneficiary may be.
The estate tax is employed in the federal statute, and in addition
the states of Alabama, Arizona, Arkansas, Florida, Georgia, ]\Iississi])pi,
New York and North Dakota rely solely on the estate tax system. The
remaining states, with the exception of Alaska, for which no data is at
hand, Oregon, South Dakota and West Virginia, which use only the
REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE 37
inheritance tax, employ both inheritauco and estate taxes although
they in each case depend primarily on the inheritance tax and employ
the estate tax as a supplement for the purpose of absorbing the 80 per-
cent credit available under the federal statute. California falls into
this latter group using primarily the inheritance tax system (Revenue
and Taxation Code, Sec. 13301-14901), but availing itself of the estate
tax to absorb the 80 percent federal credit (Revenue and Taxation Code
Sec. 13441-13442). The California inheritance tax law, in common with
the general rule, distinguishes in the severity of the tax between the
various degrees of relation extant between the decedent and the bene-
ficiary. For this purpose beneficiaries or ' ' transferees ' ' are divided into
four groups. Class A transferees include: (a) the spouse, lineal an-
cestor or lineal issue of the decedent; (b) legally adopted children of
decedent under 21 years of age at the time of adoption; (c) persons
who mutually acknowledged with the decedent the relation of parent
and child for a continuous 10-year period prior to transfer provided
the relation commenced before the transferee's fifteenth birthday; (d)
persons who are lineal issue of a child mentioned in (b) or (c) (supra) ;
(e) persons legally adopted by any lineal issue or child mentioned in
the above categories, provided said person was under 21 years of age
at the time of adoption (Revenue and Taxation Code 13307). Tax rates
for Class A transferees are 2 percent of the clear market value of the
transferred property up to $25,000 ; 3 percent of the excess value over
$25,000 and up to $50,000 ; 4 percent of the excess over $50,000 and up
to $100,000 ; 7 percent of the excess over $100,000 and up to $200,000 ;
9 percent of the excess over $200,000 and up to $500,000 ; 10 percent
of the excess over $500,000 (Revenue and Taxation Code 13404). Class
B transferees include : (a) brothers and sisters of the decedent and their
descendants; and (b) husbands and wives, widows and widowers of
sons or daughters of the decedent (Revenue and Taxation Code 13308).
The tax rates applicable to Class B transferees are 5, 7, 10, 12, 14 and
15 percent on the same respective fair market values set out in Revenue
and Taxation Code 13404 (supra) as applicable to Class A transferees
(Revenue and Taxation Code 13405). Class C transferees are 6 percent
of the clear market value of the property up to $25,000 ; 9 percent of
the excess between $25,000 and $50,000 ; 12 percent of the excess be-
tween $50,000 and $300,000 ; and 15 percent of the excess over $300,000
(Revenue and Taxation Code 13406). Class D transferees include all
transferees not covered by Classes A, B, and C. The tax rates for Class
D transferees are 7 percent of the clear market value up to $25,000 ;
10 percent between $25,000 and $50,000; 12 percent between $50,000
and $300,000 ; 15 percent between $300,000 and $500,000 ; and 16 per-
cent over $500,000 (Revenue and Taxation Code 13407).
The possibility of increases in the rates of some or all of these classes
could well be considered as an additional source of revenue. It should,
however, be noted that the administration of this State recently pro-
posed an increase in the Class C rates of 25 percent and an increase in
the Class D rates of 50 percent. These changes, it is estimated, would
result in an additional $2,000,000 in revenues in 1959-60 and slightly
more than this amount in subsequent years. Since the committee is in
this report primarily interested in fiscal affairs through 1960-61, it may
be observed that a total increment of slightly over $4,000,000 w^ould be
38 REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE
realized in that period through the adoption of the administration's
proposals.
(k) Imposition of a State Severance Tax
Taxes upon industries engaged in the severance or extraction of nat-
ural resources have found wide application in this country in the last
half century. Severance taxes are usually held to be excise rather than
propertj^ taxes and not subject to constitutional restrictions applicable
to property taxes.
The severance of coal, forest products, oil, gas, ores and other min-
erals, is subject to tax in a number of states. In some states, a tax is
imposed upon every person severing natural resources from the soil
or water of the state. However, in the majority of the states, the sever-
ance taxes are limited to certain specified industries such as coal or iron
mining, natural gas or oil production, etc. While the tax is usually
assessed against the severer or producer, a few states provide that pay-
ment is to be made by the first purchaser, unless the product is not sold
within a specified period following severance, in which case the tax is to
be paid by the producer. When the tax is imposed on the producer, the
question sometimes arises as to what constitutes production. The
statutes may provide that acts necessary to separate, refine, or finish a
product are considered part of the production.
When on the amount of production, the taxes are imposed at a flat
rate per unit of measure. Coal and ore mining taxes are usually levied
on a tonnage basis ; oil production taxes, per barrel ; and gas production
taxes, per foot. Taxes may be graduated according to the value of the
products or according to the volume of production.
California presently is not entirely without a severance tax. How-
ever, it is imposed for purposes of conservation and regulation and
produces only token revenues. Twenty-eight states now have severance
taxes on petroleum products and most other major oil producing states
realize substantial revenues from such tax; California does not. The
administration has recently proposed that a 2 percent severance tax be
assessed against the gross value of petroleum products produced. With-
out comment on comparative production difficulties between the Cali-
fornia and Mid-Continent petroleum extractive industries, the commit-
tee observes that the adoption of this tax would produce an estimated
$19,300,000 in 1959-60 and an estimated $23,200,000 annually there-
after for a total increment through 1960-61 of approximately
$42,500,000.
(Z) Eevision of the Horse Racing Revenue Formula
In view of the Governor's recent projDOsal to revise the horse racing
formula, the committee includes without comment, this proposal in its
report.
The Governor recommends : That the gross commission on pari-mutuel
betting be increased from 13 percent to 15 percent; that the track's
share of the gross commission be decreased by ^ percent on the handle
between $50,000,000 and $100,000,000, and by 1 percent on the handle
over $100,000,000; and that there be a corresponding increase in the
State's share. The Governor further recommends: That the so-called
breakage formula be changed so that the accumulated amount up to
REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE 39
$25,000 would be retained by the track; tliat the accumulated amount
between $25,000 and $100,000 be shared equally between the track and
the State ; and that all amounts over $100,000 go to the State. By these
means it is estimated that the State would realize an annual increment
of approximately $12,400,000 or $24,800,000 by the end of fiscal 1960-61.
(m) Imposition of an Excise Tax on Cigarettes and Tobacco Products
As of the writing of this report the Assembly has approved the Gov-
ernor's proposed 3-cent-per-pack tax on cigarettes and general 15 per-
cent excise on other tobacco products. The committee observes that
California is one of the few remaining states in the Country which has
not adopted a tobacco tax in some form or other. Despite their in-
herent regressivity, tobacco excises have proved a popular source of
revenue for State and Federal Government. The Governor in his budget
message stated that the proposed rates were modest in comparison with
those in force in other states and estimated that the cigarette tax alone
would produce revenues aggregating $52,900,000 in 1959-60 and $60,-
000,000 annually thereafter. Projecting these estimates, the State would
realize from the cigarette excise $112,900,000 by the end of 1960-61. In
addition the Governor estimates the 15 percent tobacco excise would be
productive of $7,100,000 in 1959-60 and $8,000,000 in each subsequent
year. Taken together, these two excises can be anticipated to produce a
$128,000,000 increment by the close of fiscal 1960-61.
(n) Increase in the Beer Tax
California presently levies a 2-cent-per-gallon excise on beer. The
Assembly has recently voted approval of the Governor 's proposal to in-
crease this amount to 7-cents-per-gallon. If adopted, it is estimated that
$9,200,000 will be realized in revenues for 1959-60 and $10,000,000 per
year thereafter. Total estimated increments for 1959-61 would aggregate
approximately $19,200,000.
The committee notes that despite the regressive nature of a beer
excise, it finds universal acceptance among the states.
CONCLUSION
In recapitulation, California in the 1959-60 Fiscal Year finds itself
on the brink of one of its most serious fiscal crises. Governmental func-
tions are being carried out only at the cost of an ever widening gap
between revenues and expenditures. Available reserves are either
dwindling or have been committed so as to leave no hope from this
quarter for substantial budgetary aid beyond June, 1959. This dark
financial outlook results primarily from the unparalleled population
growth taken in conjunction with the necessity to match federal aid
programs and the pressing need for a water program.
Revenues must equal or exceed expenditures. This can be done by
one of two ways singly or in combination. Either expenditures must be
drastically curtailed (mere "economies" will not suffice), thus com-
pelling re-evaluation of many current state programs, or revenues must
be substantially increased to cover the greater financial needs of exist-
ing and proposed projects. The deficiencies which must be offset by these
methods are staggering. Estimates reveal possible revenue deficiencies
of $68,400,000 for 1958-59, of $19-1,550,000 for 1959-60 and of between
$216,030,000 and $288,277,000 for 1960-61. While continued economic
recovery could materially brighten this picture, the State must face the
possibility that it may be necessary to produce additional substantial
revenues.
In the opinion of the committee a substantial portion, but not all,
future deficits could be alleviated by increased budgetary flexibility.
Presently earmarked funds and continuing appropriations leave less
than one-third of state expenditures under the direct budgetary control
of the Legislature. This situation derogates the traditional and historic
role of the Legislature to determine the application of the citizens' tax
moneys to the problems of State. As the control of the budget function
is removed from the peoples ' elected representatives, the people are left
without voice in the expenditures of their public moneys. The net effect
is that when unanticipated financial demands arise, the Legislature, re-
stricted bj^ earmarked funds and the semifixed demands upon the avail-
able General Fund, has little alternative, on a short term basis, but to
meet the emergency by expropriating reserves or increasing taxes. Re-
serves are now near complete depletion and only the latter course will
be available in the future. Abolition of special funds and continuing
appropriations could effectively aid in alleviating this dilemma.
Correlative to remedj^ing the financial strait-jacket imposed by
special funds is the need to develop a tax program based upon complete
legislative control of revenues and expenditures. A study for such pur-
poses should encompass not only ways and means of increasing revenues,
but should also include a consideration of basic expenditure programs
and methods for increasing governmental efficiency by consolidating
functions and eliminating waste and duplication.
Since, in the opinion of the committee, it would be inadvisable to at-
tempt any long range tax planning prior to the completion of the
(40)
REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE 41
above-mentioned governmental stndy, it is tlie committee's recommenda-
tion that any neAv tax legislation enacted at this time be of an interim
nature calculated only to produce necessary revenue through the close
of 1960-61 at which time, with the above study complete and future
governmental demands fully ascertained, a comprehensive tax program
can be enacted taking advantage of the information gained in the study.
Various sources which may be considered for additional revenue are :
(a) 1. Expropriation of accrued special fund surpluses which would
make available $24,663,000.
2. Expropriation of $18,700,000 appropriated but not as yet con-
tractually committed.
8. Sale of $20,000,000 in state school buikling aid bonds.
(b) Self assessment of insurance gross premiums tax which would
produce a one-time revenue gain to the State of $55,600,000.
(c) Interim increase of the bank and corporation franchise tax from
4 to 5 percent and increase of the maximum tax rate on bank and
financial institutions from 8 to 10 percent. By this increase an
approximate increment of $70,000,000 would i3e realized by the
end of fiscal 1960-61.
(d) Curtailment of installment payments of franchise tax by enact-
ment of a 6 percent interest requirement on any unpaid balance
after the first due date. This provision would not only save the
State the approximate $800,000 now lost annually by reason of
the installment payment, but in addition should move up the
second installment payment into the prior fiscal year in its first
year of effect, thus producing a one-time revenue gain of $47,-
000,000.
(e) Interim increase in the personal income tax of one percentage
point in each bracket which would produce a $203,000,000 incre-
ment by the end of 1960-61.
(f) Curtailment of installment payments of income tax by imposi-
tion of a 6 percent interest rate for all tax balances remaining
unpaid after the first due date. As in the case of point (d) supra,
this v/ould not only save the State a $200,000 annual loss now
incurred by reason of the instalhnent payment, but by encourag-
ing full payment on the first due date, would move the second
installment in the calendar year of enactment forward into the
preceding fiscal year, thus producing a one-time revenue gain to
the State of $14,000,000.
(g) Interim expansion of the sales tax base to include services and
periodicals which would raise an additional estimated increment
of $9,800,000 by the end of fiscal 1960-61.
(h) Interim expansion of the sales tax base to include utilities such
as electricity, water, gas, telephone and telegraph. Estimated
revenues of $139,050,000 would be produced by the close of fiscal
1960-61.
(i) Interim expansion of the sales tax base to include food products
sold at retail would produce approximately an added increment
of $131,920,000 annually or $263,840,000 by the end of 1960-61.
(j) Increase of the tax rate by one additional percentage point in
both the (c) and (d) categories of the inheritance tax would
42 REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE
bring in revenues somewhat in excess of $4,000,000 bv the close
of 1960-61.
(k) Imposition of a severance tax on petroleum products would pro-
duce $42,500,000 by the end of 1960-61.
(l) By revising the horse racing formula to increase the State's
share, approximately $24,800,000 would accrue to the State by
the end of 1960-61.
(m) Imposition of a 3 cents per pack excise on cigarettes and 15 per-
cent on all other tobacco products would produce by the close
of 1960-61 an increment of $128,000,000.
(n) Increasing the excise on beer from its present 2 cents per gallon
to 7 cents per gallon would result in an additional $19,200,000
by the close of 1960-61.
The committee reiterates that any adoption of any of the above taxes
should be of an interim nature while the governmental expenditure
studies are being made. With the completion of such studies, a compre-
hensive revenue plan should then be evolved such as will maintain
wherever possible the high standards of state services, anticipate
future emergency state programs and yet at the same time ease to the
utmost the burden on the taxpayer by making every tax dollar work
as efficiently as possible.
Bureau of Business and
Economic Research
Berkeley 4, California
APPENDIX A
University of California
The Honorable James J. McBride, Chairman
Joint Interim Tax Committee
California Legislature, Sacramento, California
Dear Senator McBride : I am pleased to be able to submit the
attached report to the Joint Legislative Tax Committee established
pursuant to Assembly Eesohition No. 206 (1957 Session) and concern-
ing the several questions specified in the Resolution. I hope that it will
be of service to you and to members of the Joint Legislative Tax Com-
mittee.
I would like to acknowledge the advice and assistance which I have
had from Professor Malcolm M. Davisson and to acknowledge, as well,
the services of my research assistant, Mr. Avery Haak. Finallj^, I would
like to express my thanks for the effective and friendly cooperation of
Mr. Robert D. Decker, Executive Secretary of the Committee, and my
appreciation to you and the members of the Committee for the thought-
ful and considerate way in which our joint affairs have been conducted.
It goes without saying that if I can be of any further assistance in
connection with this report or its subject matter, you need only to call
upon me.
Sincerely yours,
Frank L. Kidner
A REPORT TO THE JOINT LEGISLATIVE TAX COMMITTEE ESTABLISHED
PURSUANT TO ASSEMBLY CONCURRENT RESOLUTION NO. 206
(1957 Session)
Introduction
The provisions of Assembly Concurrent Resolution No. 206 (1957
Session) calls upon the Joint Legislative Tax Committee established
pursuant thereto for a report on each of several matters explicitly set
forth in the resolution and for recommendations looking to a solution
of the fiscal problems of the State which they suggest.
The present report of the Bureau of Business and Economic Re-
search prepared by its director with the advice and assistance of
Professor Malcolm M. Davisson deals with the six issues set forth in
paragraph two thereof, namely, in the language of the resolution.
1. Estimate for each of the several years through 1965-66 the prod-
uctivity of each existing tax or revenue source and total state revenues
to be expected for each year.
(43)
44 REPORT OF THE JOINT LEGISLATHT: TAX COMMITTEE '
2. Evaluate the existing tax strnctiire and individnal taxes as to
impact and equity among taxpayer and income groups.
3. Evaluate the existing tax structure and individual taxes in terms
of detrimental effect upon the orderly development of the State's eco-
nomic resources, industry, commerce, and agriculture.
4. Identif}^ and evaluate existing preferential tax treatment as
between taxpayer groups or tax bases.
5. Compare California taxes both as to rate and burden with other
large industrial states, and also compare both total and per capita
expenditures with such states.
6. Estimate for each of the seA-eral years through 1965-66 expendi-
tures of the State for each of the major budgetary classifications, and
also the total expenditures from the State's General Fund.
Item 7 which follows directly upon the provisions of the resolu-
tion set forth above calls upon the committee to "Recommmend to the
Governor and the Legislature tax proposals wbich will produce reve-
nues to the State's General Fund in such amounts as would be needed
to supplement existing revenues in meeting the annual expenditures as
estimated in Item 6 above. This recommendation shall be reported to
the Governor and the Legislature not later than the thirtieth legislative
day of the 1959 Regular Session of the Legislature."
While this report does not concern itself explicitly with the recom-
mendations called for in the language of the resolution, some con-
clusions respecting them are implied in this report and the implications
will be described in appropriate places therein and will be summarized
briefly at the conclusion of the report.
The reports on the six issues with which this document is primarily
concerned rely upon the analysis of published economic data, upon the
related projections of other writers, upon testimony offered in public
hearings of the Joint Legislative Tax Committee and upon the litera-
ture in the field. In particular efforts were made to avoid duplication
of the work of the erstwhile Senate Interim Committee on State and
Local Taxation. References to the publications of that committee where
relevant will be found in the appropriate places in the text.
Estimated Revenues and. Expenditures of the General Fund of the
State of California, 1959-1965
Assembly- Concurrent Resolution 206 called upon the Joint Legis-
lative Tax Committee
''To estimate for each of the several years through 1965-66 the
productivity of each existing tax or revenue source and total state
revenues to be expected for each year," and
"To estimate for each of the years through 1965-66 expenditures
of the State for each of the major budgetary classifications, and
also the total expenditures from the State's General Fund."
The estimates of revenue and expenditure called for have been placed
together at the beginning of this report to the end that the results of
the one series of estimates may be seen in close juxtaposition with the
results of the other, and that the general relationship between revenue
and expenditure which maj' be inferred from the estimates maj' be
described in the same report.
REPORT OP THE JOINT LEGISLATIVE TAX COMMITTEE 45
The estimates of revenue and of expenditures and resulting relation-
ship between them are presented separately; there are certain general
assumptions which affect all of the estimates, however, and it would
appear to be appropriate to consider them togetlier and at the outset.
Any estimate of future revenues or expenditures of tlie State, like
any estimate of the future course of more general magnitudes such as
gross national product or personal income, must rely upon an assump-
tion concerning the behavior of the general price level. The estimates
in this report are based upon the assumption that the general price
level will be stable and constant througliout the period under dis-
cussion. The estimates are made in "1958 dollars." There are many
economists who would incline to the belief tliat the next several years
will be characterized by such inflationary ])ressure as to produce a
substantial rise in the general price level. There is no way, apart from
an expression of faith in the exercise of the monetary and fiscal powers
of the Federal Government, to argue definitely against this position.
But there is no way, even if one assumes that the jDrice level will rise,
to come to a rational estimate of the course and extent of that rise.
These considerations, taken with one other, suggest that the most
appropriate assumption for the purpose of the estimates is the assump-
tion of a constant price level.
The additional consideration which supports this view relates to the
impact of any substantial rise in the general price level upon revenues
and upon expenditures. It cannot be argued, of course, that each sep-
arate revenue source nor each major classification of expenditure will
be effected in the same proportions. On the contrary increases in the
general price level could be expected to have a dilferential but not
clearly predictable effect upon expenditures for materials, equipment,
and services. Similarly, although most of the sources of revenue to the
General Fund would be responsive to changes in the general price level,
it would be hazardous to suppose that they would be equally responsive
or that the effect upon the total revenues to the General Fund would
be effected in proportion to the price rise.
Nevertheless, some comfort may be derived from the well-recognized
fact that the consequences of inflationary pressures for expenditures will
be offset in whole or in part by the effects of the same pressures upon
the revenues deriving from existing tax bases available to the General
Fund. In the light of all these considerations, the assumption of a con-
stant price level would appear to be the most reasonable method of
dealing with the problem.
As a result of questions raised by members of the committee in the
course of public hearings, however, the estimates of revenue and ex-
penditures made in accordance with the assumption of a constant price
level are connected to the alternative basis of "current dollars" at a
subsequent point in this report (See Table XI), and the implications
of this conversion are briefly described.
There are other and parallel assumptions made in the derivation of
the revenue and expenditure estimates. In brief, it is assumed that the
existing tax structure as to rates and exemptions remains constant for
the period under discussion and that the existing structure of pro-
grams of the government of the State financed from the General Fund
remain unchanged as to scope and quality. Some important qualifica-
46 REPORT OF THE JOESTT LEGISLATIVE TAX COMMITTEE
tions in respect of the propriety of this assumption are made in the
section on expenditures beginning on page 57.
The estimates of revenue to the General Fund, then, are all based
upon the existing tax or revenue sources as required by Assembly
Concurrent Kesolution 206, and upon the assumption of constant tax
rates and exemptions as they exist in 1958. Thus the growth of revenue
■which is anticipated in the estimates derives from an increase in the
existing tax hase and not from an increase in tax rates. It -wotild be
possible, of course, to estimate the results of possible increases in tax
rates or the adoption of new taxes. The former would be much more
amenable to the same kind of analysis employed in the present report
since fundamental relationships between the relevant economic varia-
bles, for example between the sum of personal incomes and taxable
retail sales, would not be affected substantially. The estimate of the
yield of a new tax would require related but somewhat different
techniques.
In any case and for the purpose of this report, it would seem clear
that the only appropriate basis for the estimate of general fund reve-
nues over the seven-jear period involved is the existing structure of
taxes and tax rates. This should not be taken as constituting a recom-
mendation or even suggesting the view that the present structure of
taxes and tax rates should or will remain unchanged. Clearly expres-
sions of opinion concerning this problem, which is the responsibility
solely of the Legislature of the State, have no place in this report.
To estimate revenues upon the basis of any assumed change in the
tax structure and rates would serve little useful purpose at this time
and, moreover, despite admonitions to the contrary, might be taken
to suggest such changes. Thus the estimates are most useful in describ-
ing the fiscal problems of the State for the consideration of the Joint
Legislative Tax Committee and the Legislature if they are based upon
the existing revenue sy.stem.
The parallel assumption on the expenditure side is that the scope
and quality of existing programs supported by the General Fund will
not change. This assumption means, then, that expenditures may be
expected to rise only in response to the need to provide services of
government of the kind and quality provided in 1958 for a much
larger and still growing population in each of the ensuing years. Here,
too, a qualification of a kind parallel to that associated with the assimip-
tion of a constant structure of taxes and tax rates is required. The
assumption of constant scope and quality of the programs supported
by the General Fund should not be taken to suggest that this result in
fact will or should become a fact. It is argued by some that the scope
of certain programs of the State Government should be curtailed; by
others that the quality and scope of certain existing programs shoidd
be increased. A position either general or specific on these propositions
has no proper place in this report. These are matters concerning which
the Legislature has the authoritative voice. Clearly in the absence of
knowledge concerning subsequent legislative acts, the most useful esti-
mates of expenditure can be made if they relate to the maintenance
of the scope and quality of an existing program.
There are certain other broad assumptions which underlie the esti-
mates. The estimates of revenue are made upon two alternative bases
REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE 47
yielding a "high" estimate and a "low" estimate for each year in
the period covered. In connection with the former, it is assumed that
approximately 74 percent of the population between the ages of 20 and
64 will be employed.^ In connection with the latter it is assumed that
unemployment will approximate 5 percent of the "full employment"
estimates over the entire period covered. Neither of these assumptions
may be supposed to be necessarily in accord with the developing facts
for any one j^ear for reasons subsequently to be described. The estimates
of personal income vrhich stem from them may be viewed as maximum
estimates for years of full employment and as mininuim estimates for
other years in the absence of a major economic depression. Both sets
of estimates rely on the further assumptions that: (1) there will be
no significant change in the international relations of the United States;
(2) there will be no major war; (3) productivity per man-hour will
continue to rise at approximately its recent historical average rate per
annum; and (4) that average hours of work will not be substantially
reduced.
This is an appropriate place to set forth some observations concern-
ing the hazards associated with the development of estimates of eco-
nomic magnitudes for the years ahead, or indeed for any future period.
The techniques of economic or business forecasting all require the
projection of past and existing trends into the future. Indeed, the term
"projection" is to be preferred to the term "prediction" or "fore-
cast", since it more accurately describes the technical processes which
are involved.
The projections of population size and composition, of the sum of
personal incomes, and of the relationship between these and the com-
position and total of revenues and expenditures all require the assump-
tion that existing trends and relationships will remain constant or will
be modified in ways which can reasonably be anticipated from collateral
facts. Fortunately most of the basic trends and relationships upon
which we rely for long-run projections apparently are relatively stable.
Social and economic change of a kind Avhich would substantially alter
them is relatively slow in respect of a period of some eight years with
which this report is concerned. Thus, in general, and subject to the
general hazards which are noted above and to the assumptions there
discussed, we may be reasonably confident of the estimates for the
period taken as a whole.
But one other qualification is necessary. The estimates are subject to
greater sources of probable error for any one year in the period than
they are for the period as a whole. To illustrate, we have no way of
knowing whether the year 1962 will be a year of full employment pros-
perity and of very high personal and corporate income as in 1957 or
a year characterized by some as a year of recession as in 1958. The
assumption that the policies of the Federal Government, designed to
produce high levels of economic activity and of employment together
with a high degree of stability, will bear fruit is not unreasonable for
the period. But even if a major depression does not occur it does not
follow that for one or more years now unknowai the economy may not
suffer a temporary recession.
iln 1956, the most prosperous recent year, the proportion was 74.15 percent.
48 REPORT OF THE JOINT LEGISLATR'E TAX COMMITTEE
The result is that revenues may approximate the low estimates in
certain years while, if the population continues to grow at the rate
assumed herein, there will not be a comparable decline in required
expenditures from the General Fund if the scope and quality of the
program financed from the General Fund is to be maintained. We shall
return to this point at a later place in this report after the detailed
estimates have been set forth and the methods by which they have
been obtained described.
The Relationship of General Fund
Revenues to Personal Incomes
The revenue system of the State of California, with minor or tem-
porary modifications has remained unchanged since 1935 when the
personal income tax was enacted and at which time the retail sales
(and use) tax rate was raised from 2.5 percent to 3 percent and food
for consumption off the premises of sale was made exempt from its
provisions. The existence of an essentially unchanged tax structure in
California has made it possible to establish certain reasonably stable
relationships between the yield from certain specific taxes and other
economic variables. Thus, with some important year to year deviations,
there is a close relationship between the sum of personal incomes in
California and the yield of the retail sales and use tax. Looking at a
similar proposition in the aggregate it may be pointed out that in the
years 1950 to 1958, years of expanding population, rising real and
monej" incomes, and rising productivity of the economy of California,
revenues from all sources to the General Fund have ranged from 2.9
percent to 3.3 percent of total personal incomes in the State. The aver-
age percentage of total personal incomes which equals general fund
revenues is 3.11 percent and the variation from low to high is less than
7 percent. If civilian personal income alone be considered, the average
percentage is somewhat larger, 3.24 percent, and the range of variation,
6 percent, is somewhat smaller. This is significant to the purpose of this
report since the years covered in the calculation of these values include
the post Korea JDOom, the high prosperity of 1953, the mild recession
of 1954, and the years of great economic expansion from 1955 through
1957. In the aggregate, then, it is c^ear that the relationship between
total personal income and total revenue to the General Fund is crucial.
The most important task at the outset is to make appropriate projec-
tions of the total personal incomes in the State.
There is, of course, an important connection between the sum of
personal incomes and the population of the State. Table I shows the
population of California in absolute numbers and as a proportion of
the population of the United States from 1940 to 1957 together with
personal income for California in current dollars and as a percentage
of per.sonal incomes similarly expressed for the United States as a
whole.
It should be noted that the materials in Table I show that while the
population of California has nearly doubled in the 17-year period
covered by the table and that it has increased from 5.27 percent to
8.17 percent of the population of the Nation as a whole. Similarly the
proportion of the total personal incomes in the Nation Avhieh accrue to
the residents of California has risen from 7.44 percent to 10.17 percent.
REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE 49
Per capita personal incomes have also experienced a marked rise
over the 17-year period both in the United States and in California.
The ratio of per capita personal incomes of California residents,
however, to per capita incomes in the United States as a whole is not
as great as it was in the beginning of the period. Per capita personal
incomes in the Nation rose some 2.89 percent in the 17-year period as
compared with a rise of approximately 2.12 percent in California. The
decline in the ratio of per capita personal incomes in California to
per capita personal incomes in the United States is probably a result
of several forces. Among them doubtlessly is the changed relative age
composition of the rapidly rising California population, the greater
intensity with which the larger population exploits the resources of
the State and the fact that many areas in the Nation had extraor-
dinarily low per capita incomes in 1940 which were substantially raised
in relative terms during the war years. This latter point might also be
inferred from the fact that the third column of Table II which con-
TABLE I
CALIFORNiA POPULATION AND PERSONAL INCOME, 1940-1957
Population Personal income
California California
California as a -percent California as a percent
Year (000) of total U. 8. ($000,000) of total U.S.
1940 6,950 5.27 5,839 7.44
1941 7,269 5.45 7,3.31 7.64
1942 7,814 5.80 10,010 8.18
1943 — ^ 8,623 6.40 13,281 8.95
1944 9,261 6.91 14,653 9.15
1945 9,619 7.21 15,194 9.23
1946 9,727 6.92 16.084 9.15
1947 9,912 6.90 16,637 8.80
1948 10,064 6.89 17,610 8.49
1949 10,337 0.95 17,835 8.68
1950 10,620 7.02 19,627 8.70
1951 11,082 7.23 22,726 8.98
1952 11,702 7.51 25,089 9.33
1953 12,133 7.66 26,642 9.41
1954 12,551 7.79 27,432 9.61
1955 12,970 7.89 30,224 9.86
1956 13,471 8.05 33,157 10.11
1957 13,922 8.17 35,1.31 10.17
Sources : Supplement to the Survey of Current Business, Personal Income by States
(10 56) ; Survey of Current Business, August, 1958 (for years 1954-1957).
tains the data in this connection, shows a high degree of stability in
the postwar years, the substantial decline having been concentrated
between 1940" and 1947.
The Esiimates of Civilian Personal Income
The total of personal incomes in the State depends principally upon
the size of labor force, the proportion of the labor force employed,
the productivity of the labor force and the resources it employs, and
upon the price level.^ Projections of the sum of personal incomes
recpiire some assumptions concerning each of these factors.
1 other factors include, of course, rentier or equity incomes of California residents
arising from the use of resources outside the State. These are offset to some
unknown extent by similar incomes of residents of other areas stemming from
the use of resources within the State. In any case for a well-balanced economy
such as Californa this should not be an important factor so far as it relates to
the estimates developed here..
50 REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE
The assumption made concerning tlie price level has been treated
above. The estimates are set forth in constant (1958) dollars. The
population projections are taken directly from the work of Carl M.
Frisen, Senior Research Technician for Population Studies, the State
Department of Finance. It is assumed that the size of the employed
labor force at full employment will approximate 74 percent of the
estimated population between the ages of 20 and 64 years. It is
assumed that an annual average "productivity" increase will occur,
compounded at the rate of 2.5 percent. This is approximately the
annual average rate of increase in California personal income per
employed worker in constant dollars which has characterized the
period between 1951 and 1957. The estimates of total civilian personal
income which flow from the projections based upon these assumptions
are to be found in Table III.
TABLE II
UNIiTED STATES AND CALIFORNIA PER CAPITA PERSONAL INCOME, 1940-1957
Per capita pergonal income
California
OS n percent
Year United States California of total U. S.
1940 595 840 141.18
1941 719 1.009 140.8.S
1942 909 1,281 140.92
1943 1,102 1..540 1,S9.75
1944 1,194 1,582 18250
1945 1,234 1..580 128.04
1946 1,249 1.0.54 1.82.43
1947 1,316 1,678 127..51
1948 1,420 1,750 128.24
1949 1,382 1.725 124.82
1950 1,491 1,848 128.94
1951 1,649 2.051 124.88
1952 1,727 2,144 124.15
1953 1,788 2,196 122.82
19.54 1,770 2,186 128..50
19.55 1,866 2..880 124.87
1956 1,961 2,461 125..50
1957 2,027 2,523 124.47
SouRCFS : Supplement to the Survey of Current Bu.sine.s.s, Personal Income hy States
(195G) ; Survey of Current Business, August, 19,58 (for years 1954-1957).
TABLE III
ESTIMATED CIVILIAN PERSONAL INCOME IN CALIFORNIA, 1958-1965
(1958 dollars)
Civilian personal income Per capita personal income
At "fvll Approx. 5 percent At "full Approx. 5 percent
employment'" nnemployment employment" unemployment
Year fniillions)
1958 37,101 35,095 2,570 2,4.82
1959 39,143 37,029 2,G14 2,473
1960 41,304 39,070 2,660 2,516
1961 43,-596 41.288 2,708 2,562
1962 46,073 43,579 2,764 2,614
1963 48,753 46,118 2,826 2,678
1964 51,638 48,842 2,893 2,737
1965 54,474 51,533 2,952 2,793
KEPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE 51
The estimates of revenue to the General Fund depend primarily on
the estimates of civilian personal income vv^hich appear in Table III.
The estimates of civilian personal income, in turn, depend upon the
validity of the assumptions which were described above. Only the emer-
gence of the factual recoi-d with the passage of time will reveal a firm
basis for a judiiinent concerniiip; the accuracy of the estimates. Never-
theless, it may be helpfid here to undertake some gross comparisons of
the results appearing in Table III, with those which may be derived by
other methods and which rely on the work of other investigators.
A recent study of Income Trends in the United States provides esti-
mates of personal income through 1975.^ These estimates are made in
terms of 1947 dollars and include military personal incomes. Adjust-
ing these estimates to 1958 dollars, excluding military personal incomes,
and employing the assumptions made respecting population growth
upon which the estimates in Table III depend, yields an estimated civil-
ian personal income for California in 1965 in the amount of 52 billions
of dollars, a figure which lies between the "high" and the "low" esti-
mates (though closer to the latter) for that year in Table III.
Estimates made by the Joint Committee on the Economic Report may
also be adjusted to make them comparable with the values appearing in
Table III. Here, assuming that the percentage of personal incomes in
the Nation as a whole which accrues to the residents of California con-
tinues to rise with the continual differential population growth as it
has in the past (see Table I) it might be supposed that personal in-
comes in California in 1965 would approximate 12 percent of personal
incomes in the United States. The joint committee's estimates for the
United States for that year is 458 billion dollars, thus jdelding an esti-
mate of 54.9 billion for California.- This figure is slightly higher than
the "high" estimate in Table III.
These alternative estimates for 1965 are of similar order of magni-
tude. They essentially depend upon the same data, all of which come
from official statistics, manipulated in somewhat differing ways. The
gross similarity in results should not be taken to confirm their re-
liability, but it is of some comfort to know one is not alone on the
hazardous terrain of the future and that its shape appears to be similar
in general when viewed through other eyes.
Nevertheless, as pointed out by the Legislative Analyst, Mr. Alan
Post, and by Mr. Richard Lazansky of the Department of Finance, a
difference even of the magnitude noted betv/een the estimates of income
here submitted and those with which they are compared, may have sub-
stantial effects of actual revenues.^ It is clear that the revenue esti-
mates depend very heavily upon the accuracy of the estimates of per-
sonal income. AVe have substantial confidence in them, a view not shared
with equal conviction by all. Mr. Lazansky, how^ever, points out that
current estimates of the Department of Finance come very close to the
1 Brown, Bonar and Tate, Janet Hansen, Income Trends in the United States Through
1975, Stanford Research Institute, 1957.
-Joint Committee on t!ie Economic Report by the Committee Staff, "Potential Eco-
nomic Growth of tlie United States During the Next Decade" (GPO, Wash.,
1954).
^ See transcript of Joint Interim Tax Committee, California Legislatiire, Hearing held
at Room 367, State Office Building, San Francisco, California, December 15 and
16, 1958, pp. 35 ff.
52 REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE
estimate here submitted as the "low" estimate for 1958.^ And it should
be noted that 1958 was a year of relative depression.
It should be remembered that although governmental revenue is
dependent upon the size of personal income, there is no instantaneous
and inflexible relation. Certainly calendar year income will not deter-
mine precisely fiscal year tax collections, especially in sales taxes but
even in income taxes where liability does not necessarily result in im-
mediate payment. A reason for the apparent fluctuation in tax collec-
tions as a percent of personal income is that a slightly erratic movement
of personal income will have an uneven effect upon tax collections so
that no single time period for one will be associated with a single
period for the other. Only when the rate of change is constant would
the ratio be expected to be entirely stable and constitute an accurate
basis for prediction. But it is this condition upon which a projection of
the likely value or range is based, so that a stable ratio of tax revenue
to personal income is sound for long-run projections, but can be im-
proved upon for yearly forecasts.
The California State Chamber of Commerce, which submitted a docu-
ment entitled "Study Material Relating to California Governmental
Revenue and Expenditures Together With Comparisons With Other
States" to the Joint Legislative Tax Committee on 16 December at its
hearings in San Francisco, projects personal income to 1960-1965 and
employs these figures as a basis for estimating tax revenues. The esti-
mates of personal income submitted by the State Chamber of Commerce
we believe to be too low' by a substantial amount. The basis of the esti-
mates is not altogether clear except that the State Chamber of Com-
merce appears to hold that the bulk of the j)rojected growth in personal
income will be explained by the population growth alone.- The chamber
states that personal income rose in California by 84 percent between
1950 and 1958, but from 1959 through 1964 estimates that the increase
will be only 26 percent. Though the document is not explicit, this may
result from the fact that the realized change from 1950 to 1958 includes
the substantial change in the price level while the projections there-
after are in constant dollars. If the chamber's projections are not in
constant dollars, they would then be predicting either stable prices or
falling real income per capita — neither very likely to occur.
If the personal income estimates of the chamber are assumed to be in
constant dollars, even then the report predicts an increase in jDcr capita
amounts of less than 1 percent per annum. This compares with the 1^
per annum increase in real income per capita noted in the chamber's
report between 1950 and 1958. We do not believe this result to be
realistic.
The Esfimafes of Revenue io ihe General Fund
The yield of each General Fund tax source is separately estimated
for the years 1959-1960 through 1965-1966 ; the total revenues to the
General Fund then being estimated by adding together the estimated
yields of the several individual tax sources. The results appear in
i/birf., p. 38.
2 California State Chamber of Commerce, "Study Material Relating to California
Governmental Revenue and Expenditures Together With Comparisons With
Other States", October, 1958, p. 2.
REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE 53
Tables IV and V which show hipli and low estimates of the yields of
certain taxes and of total General Fund revenues. The differences
between the high and low estimates of revenue to the General Fund
from the retail sales and use tax, the bank and corporation franchise
tax, the personal income tax and the insurance premium tax stem from
the use of alternative estiuiates of civilian personal income appearing
in Table III. The detailed methods used in the projections for each
tax source are set forth below.
The Retail Sales and Use Tax
The yield of the retail sales and use tax for each fiscal year has,
apart from the war years, represented a relatively stable percentage
of the total of civilian personal income of the calendar year which is
the first half thereof. On the average for the period 1950 to 1958 the
total revenue from this tax has approximated 1.89 percent of civilian
personal income. The variation around this average percentage is
small; the lowest figure is 1.77 for 1958 while the largest is 2.10 for
1950 (a year with exceptionally heavy consumer buying stimulated by
the Korean War). It should be noted that substantial year to year
variations in the yield from the retail sales and use tax may emerge
as a consequence, for example, of a concentration of new automobile
purchases resulting from radical model changes, or the like. We shall
turn to this point below. For the present it is sufftcient to say that the
estimated yields from this tax appearing in Tables IV and V are de-
termined by computing 1.89 percent of the associated civilian personal
income figures.
The Bank and Corporation Franchise Tax
The yield from the bank and corporation franchise tax has been a
remarkably stable proportion of civilian personal income over recent
years. It has had an average value of .52 percent of civilian personal
income and, since 1950 it has been below .50 percent in only one year,
1953, and has never been above .55 percent, the value for 1951 and
1955. Relying upon the substantial stability of this ratio, the estimated
yields from this tax for each year were secured by computing .52 per-
cent of the associated civilian personal income figures.
The Personal /ncome Tax
The yield from the personal income tax is also related, of course, to
the level of civilian personal incomes. But in this case reliance upon
the simple historical ratio of the tax yield to the total of civilian per-
sonal incomes would be a less satisfactory procedure than a readily
understood alternative. The yield from the personal income tax is a
function not only of the size of total civilian personal incomes but also
of the distribution of personal incomes with respect to the table of
progressive tax rates. A general rise in civilian personal incomes will
not only provide a larger crude tax base but it will result in the move-
ment of the taxable incomes of some proportion of taxpayers into
higher tax brackets. Thus, to take account of this fact, the estimates of
the yield from the persoual incom.e tax were obtained by first assuming
that the estimated percentage increase in civilian personal income would
54 REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE
produce an equal percentage increase in each income level, bj' distribut-
ing the anticipated population increase among the income levels in
accordance with the existing distribution and the multiph-ing of the
total in each gross income class by the average tax paid by persons in
that class in 1956. To this was added for each year the sum of $6,000,000
representing estimated additional assessments under the Personal In-
come Tax Law by the Franchise Tax Commissioner. The resulting
estimates appear in Tables IV and V.
The Insurance Premium Tax
The yield from the insurance premium tax approximates, on the
average, .14 percent of civilian personal incomes. The estimated yields
from this tax appearing in Tables IV and V were determined then by
computing .14 percent of the associated personal income figures.
The Alcoholic Beverage Tax
There are some reasons for supposing that the purchases of alcoholic
beverages are more closely related to the size of the adult population
than to civilian personal incomes. Relying on a reasonably stable re-
lationship of this kind, the jaeld of this tax is estimated at $4.45 (1958
dollars) multiplied by the estimated number of persons over the age
of 20 in each year. The resulting estimates appear in Tables lA^ and V.
Inheritance and Gift Taxes
The yield from inheritance and gift taxes is susceptible to very sub-
stantial year to year variations. Its total size depends upon the size and
the number of individual gifts or bequests and, as to exemption?;, upon
the relationship between donor or decedent and the beneficiary. Any
particular year may show a yield which is substantially affected by
the settlement of one or two particularly large estates or by one or
two particularly large gifts. Obviously this circumstance prevents
systematic estimate for each year over a substantial period. Of late the
yield from this tax has been at the rate of approximately $2.50 per
capita. Rising property values may be expected to increase the yield
from inheritance and gift taxes but it is difficult to make a rational
estimate of either the timing or the size of the increase. Hence, the
estimates, which appear in Tables IV and V and are probably con-
servative, are calculated by multiplying the estimated population for
each year by $2.50.
The Privafe Car Tax
Nominal increases in the yield of this tax may be assumed throughout
the period. The average statewide property tax rate during the preced-
ing year is applied to the assessed value of private cars. Gradual in-
crease in the former and anticipated increases in the latter, resulting
from modernization and replacement, may be assumed to assure in-
creases in total yield in each of the years ahead. We may not rely upon
established relationships for the purposes of projection of the yield from
this tax; consequently, the figures relating to it in Tables IV and V
represent nominal but arbitrarily estimated increas'es in yield over the
period.
REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE 55
Other General Fund Revenues
Revenues to the General Fund other than from the General Fund tax
sources discussed above are derived from (1) a share of receipts from
liquor, horse racing and motor vehicle license fees, departmental collec-
tions, for example per diem charges to paying patients in state hos-
pitals, a share of oil and mineral royalties, proceeds from the sale of
property, and some minor items. No reliable and stable relationships
between any one of these sources of revenue and other economic var-
iables has been found. To be sure one may speculate concerning in-
creases in some of them which may be associated with rising civilian
personal income and rising population as in the case of per diem
charges to state hospital patients and one may point to a probable
decline in interest income with the exhaustion of General Fund re-
serves. But these speculations lead to no reliable method for estimating
the probable revenue from these several sources for each separate year
in the period covered by this report. Consequently an arbitrary estimate
suggested by recent experience of $5U,UUU,U00 per annum is shown for
every year in Tables IV and V.
Some Comments on fhe Revenue Estimates
The reliability of the estimates of General Fund Revenue appearing
in Tables IV and V is of course open to question as would any esti-
mates of revenue over a period of seven years. If we assume that the
population estimates and the estimates of civilian personal income
which rely upon them are reasonably sound, we may have substantial
confidence in the range of estimates of the yields from the four tax
sources which appear to be most clearly related to civilian personal
income. These four taxes, the retail sales and use tax, the bank and
corporation tax, the personal income tax and the insurance premium
tax, account for a very large percentage of total estimated revenues
to the General Fund. In 1959-60 they comprise more than 89 percent
of the low estimate while in 1965-66 they comprise over 91 percent of
the low estimate. The alcoholic beverage tax which appears to be
related to the size of the adult population may be quite reliably esti-
mated through this relationship. The remaining three sources of rev-
enue show estimated yields quite arbitrarily determined for want of
a theoretically sound and reasonably demonstrable method of a more
rational kind. It should be noted, however, that the arbitrarily estab-
lished estimates of either the inheritance and gift tax or the private
car tax or the implicit amounts attributed to any one factor in the
category "other revenue", would have to depart from the estimates
by a very large percentage before it would result in any significant
error in the estimate of general fund revenue. Thus, for example, for
1965-66 if there were an error of 25 percent, such that the total yield
of these last three revenue sources were estimated at a figure 25 percent
in excess of the actual yield from those sources, the resulting difference
in the "low" estimate of total revenues to the general fund would be
roughly $25,0000,000 out of an estimated total revenue of $1,717,-
333,000 or less than 1.5 percent. Clearly other sources of possible error
resulting from the necessary reliance upon population projections and
the stability of historical relationships far exceed those which spring
from the arbitrary estimates of certain tax and revenue sources.
56
REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE"
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EEPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE 57
Earlier (see p. 53) it was pointed out that the estimates of the yield
from the retail sales tax may be subject to sharp deviations from year
to year arising out of, for example, a substantial concentration of new
automobile purchases in a single year. A number of other tax sources
are subject to substantial year to year variation in a measure which
reflects their responsiveness to changes in general business condi-
tions in the State and Nation. It is for reasons of this kind that one
may suppose that the estimates for any one year may be less reliable
than the general sweep of the estimates over the period as a whole. It
goes without saying that the State Department of Finance, with the
excellent staiT and methods it has developed, can make estimates of
revenue for an immediately ensuing year of a much higher order of
reliability than can presently be claimed for any one year in the long-
term estimates shown in Tables IV and V.
For estimates of the yield to the General Fund for an immediately
ensuing j^ear, the State Department of Finance may take account of a
variety of factors which cannot be estimated for the longer period.
Some of these factors may be studied from published reports, from
surveys of samples of a given taxpaying population, and from detailed
examination of currently important economic and business conditions.
Efforts of this kind, so useful in estimating yield for an ensuing year
and for the last revisions of the estimates prior to the submission of
the budget by the Governor, are unavailable for longer periods. We
must rely, instead, on methods of the kind used in this report, aware
that year to year changes in business conditions may cause the estimates
to be closer to the actual results which ensue in one year than in
another. The general stability of the principal relationships which have
been employed, however, should yield useful results. In particular it
is reasonable to suppose that, expressed in 1958 dollars, the revenues
to the General Fund from existing tax sources will fall between the
estimated full employment "high" and the estimated "low" for the
period covered.
The Esfimafes of Expenditures From the General Fund
It will be recalled that the estimates of the expenditures for each of
the major budgetary classifications and of the total expenditures from
the State's General Fund are made in dollars of approximately 1958
purchasing power and that they reflect expenditures which would be
required to maintain the existing scope and quality of programs now
financed through the General Fund. Thus, expenditures may be ex-
pected to rise, on this assumption, only in response to the need to
provide services of government of the kind and quality provided in
1958 for a much larger and still growing population in each of the
ensuing years.
The estimates of population, of its age composition, and of certain
specialized population components (e.g., persons committed to correc-
tional institutions) are taken from the work of Carl Frisen of the
State Department of Finance.
Table VI shows the estimates of expenditure for each major category
of state operations for Fiscal Years 1959-1960 through 1965-1966,
while Table VII shows estimated subventions to local government
58 REPORT OF THE JOINT LEGISLATRE TAX COMillTTEE
agencies imder present laws. Table VIII is a summary table showinor the
totals from Tables YI and VII together with minimum capital require-
ments estimated by the Department of Finance.^
Finally, Table IX combines these materials with the estimates of
total General Fund revenue from Tables IV and V and provides the
basis for a brief concluding discussion.
The methods by which the estimates in Tables \T and VII were
determined requires some detailed discussion. To that purpose we turn
below.
The estimates of expenditures are made in terms of the assumption
that programs of the scope and quality which were maintained in
1957-58 or 1958-59 will require increases largely associated with the
provision of such programs for a larger and growing population.
Clearly, however, all expenditure requirements will not rise by the same
proportion nor will all be equally responsive to population increases.
Consequently the several principal budgetary categories were examined
in an attempt to come to a judgment concerning the rate of increase
which might reasonably be expected.
The result of this examination suggests that expenditures to be
anticipated in support of certain budgetary categories will not be ex-
pected to rise as a response to population increases. Among these are
the budget items for the executive officers, the Legislature and Military
Affairs. The staff and facilities required by the legislative and executive
branches of the goverment would be independent, within a substantial
range, of the size of the population being served. The item for military
affairs represents principally expenditures in support of the National
Guard which, presumably, is also independent of population size.
Other items of expenditure which were shown unchanged over the
years until 1965-66 require, perhaps, some further explanation. The
estimated expenditures for the Department of "Water Resources will be
dependent upon the kind of water resource development program
which the Legislature may determine ; they will not be related in any
systematic way to population growth. Similarly, the small expenditures
from the General Fund for the Department of Public "Works, largely
for the Division of Architecture, will not respond directly to population
growth while the same observation might be made concerning General
Fund expenditures by the Department of ]\Iotor Vehicles. For these
reasons, all of the categories noted immediately above were held con-
stant in the estimates appearing in Table VI.
Debt service presents extremely difficult problems for long-run esti-
mates for it depends not only on the timing and amount of bond issues
but also on their rate of interest and on the retirement program.
Starting with an expenditure of 5 million dollars in 1959-60. an annual
increase of 2 million dollars is assumed which would cover merely the
interest charges at 4 percent on bonds of 50 million dollars, Avere that
much issued to aid in the capital program. No estimate for retirement
is made.
On the other hand there are certain activities and programs which
may be expected to make larger demands upon the General Fund in
^ State BuiMing Construction Program Juh/ 1, 1959-Jv.ne SO. 196i, prepared bv the
Department of Finance, State of California, published by the Senate of the State
of California, Julv, 1958.
REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE 59
proportion to the growth in the popnlation being served. Expenditures
for each year through 1965-66 for activities and programs falling in
this group have been estimated by increasing the 1958-1959 budget
estimates for each subsequent year by the estimated percentage rate
of growth in total civilian population over tlie prior year. Here, as
elsewhere, the ])oi)ulation estimates are taken from the work of the
State Department of Finance. The principal budgetary items in this
group and treated in this way are expenditures in support of: (1) the
judicial branch of tlie State Government; (2) general administration;
(3) Department of Education (including minor miscellaneous items) ;
(4) schools for the physically handicapped; (5) Department of
Justice; (6) Department of Public Plealth; (7) Eegulation and Licens-
ing; (8) Department of Social Welfare; and (9) miscellaneous.
Certain other budgetary items were assumed to respond to i^opula-
tion growth but not in direct proportion. Expenditures for the Depart-
ment of Agriculture were assumed to rise at one-half of the annual
rates of population growth while for the Department of Industrial
Relations and of Natural Resources the assumed rate is one-and-a-half
times the rate of the population growth.
The total of expenditures covered by the principal budgetary cate-
gories mentioned above comprise 32.0 percent of General Fund esti-
mated expenditures exclusive of subventions and capital outlay for
1959-60 and 28.9 percent for 1965-66. Exclusive of capital outlay but
including subventions they comprise only 11.2 percent for 1959-60 and
10.3 percent for 1965-1966.
Expenditures from the General Fund to be required for the support
of the California state colleges, the University of California, the De-
partment of Mental Hygiene, the Department of Correction and the
California Youth Authoritj^ have all been estimated by multipljang the
"specific population" (e.g., caseload, student enrollment and the like)
from the estimates made by the State Department of Finance, in con-
nection with the five-year building program, by the per unit (e.g.,
patient, student) expenditure estimated for 1957-1958 or 1958-1959.
Thus these estimates rely heavily upon the "caseload" estimates
which, in turn rely upon the estimates of population growth and the
associated changes in the age composition of the population. The basic
revenue estimates were made upon the assumption of a constant price
level as is the case with the basic expenditures estimates. The former,
however, include a factor designed to reflect the anticipated general
increase in productivity. Since the general increase in personal incomes
should be reflected in the expenditure figures as well, these have been
projected upon the basis of an annual average rate compounded at 2.5
percent applied to the estimated average proportion of the total repre-
sented by salaries and wages.
Finally, expenditures for the item Fiscal Affairs has been estimated
at 2.50 percent of estimated total General Fund revenues; this relation-
ship is a close approximation to the actual relationship which has
existed in recent years.
There remains to set forth estimates for expenditures from the
General Fund on account of subventions to local government under
60 REPORT OF THE JOINT LEGISLATRT: TAX COMMITTEE '
present programs. Table VI foUowiug shows the estimated amounts for
each of the purposes thus supported from the General Fund for the
years from 1959-60 through 1965-66. Subvention in support of educa-
tion was estimated by multiplying the estimated school enrollments by
the amount of $193.34, the amount required per student in "average
daily attendance". To this was added estimated amounts for certain
minor subventions in support of the schools, including debt service
on public school building bonds, contributions to Teachers' Retirement
System, child care centers, and textbooks. Subventions to local govern-
ment in support of the public health function were estimated to rise
in proportion to the population growth. Social welfare subventions
were assumed to rise at an average annual rate of 3 percent, a slightly
lower than the average rate of population grow'th. The basis for this
treatment relates the increasingly important role of Old Age and Sur-
vivors Insurance as opposed to Old Age Assistance. While this treat-
ment appears not unreasonable recent experience suggests that ex-
penditures on the social welfare functions have grown at a rate larger
than anticipated. Taking the period as a whole, however, it seems wise
to leave the estimates as they stand.
Other miscellaneous subventions in support of salaries of county
judges, youth camps and the like, are very small, and were assumed
to increase in proportion to the population. The estimates appear in
Table VII.
Table VIII which appears immediately below summarizes the results
set forth in Tables VI and VII and requires no additional explanation.
Some Comments on the Expenditure Estimates
The expenditure estimates like the revenue estimates are made in
terms of constant dollars. They consist, essentially, of projection of
budgeted expenditures for 1958-59 per unit of the general population
and, for certain budget categories, of the relevant specific populations.
There is no readily apparent method available to improve these esti-
mates ; yet it should be pointed out that a variety of factors which may
well emerge would result in actual expenditure requirements higher
than those estimated. An example is to be found in the changing com-
position of the student body at the University of California, vrhere a
shift in the proportions of students in the direction of larger graduate
enrollments considerably increases the expenditure per student. Thus,
as graduate professional education becomes increasingly^ necessary, ex-
penditures for functions associated with this development must use a
per student basis if programs of present scope and quality are to be
maintained. Shifts in the proportionate requirements for Old Age As-
sistance and Aid of Xeedy Children, or increased proportions of the
student bodies of the state colleges engaged in more advanced study
would all have effects in the same direction. In short, while the expendi-
ture estimates are reasonably made, they may err — and if they err, it
will probably appear that they are too modest.
The same may be said of the capital outlay requirements. The figures
appearing in Table VIII come directly from the "hard core" program
of the Department of Finance. The very method by which the projects
included were selected means that the resulting estimates are minimum
estimates.
EEPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE
61
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REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE
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REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE 63
It remains to summarize the results of the estimates of General Fund
revenues and of General Fund expenditures in combination with the
capital outlay judged by the Slate Department of Finance to be re-
quired in support of the minimum "hard core" building program for
the period 1959-19G4 if the current scope and quality of programs is
to be maintained. For the two years 1964-1965 and 1965-1966, which
go beyond the "hard core" program referred to, the estimated capital
outlay requirements have been shown at approximately the average of
the preceding five years. The decision to use the minimum "capacity"
building program Vv^as made consistently with the assumption that the
estimates should relate to a total program which maintains but does
not improve presently supported programs. The summary materials
appear in Table IX following.
The summary estimates of the financial situation of the General
Fund from 1959-60 through 1965-66 which appear in Table VIII all
depend upon the explicit assumptions which have been described above.
It has been repeatedly emphasized that the estimates will not reflect
the developing facts to the degree that the assumptions made are not
borne out in the future. This is not to suggest that more valid assump-
tions could now be determined upon; on the contrary, those employed
here would command a consensus in favor of their reasonableness. It
should also be pointed out again, but briefly, that the estimates of
expenditures assume maintenance of no more than the present scope
and quality of state supported programs. If, as may be the case with
some programs, the present level of expenditures is insufficient to main-
tain the quality believed to be essential in the long run and if it is
determined to raise the level of performance in some degree, expendi-
ture requirements will, of course, rise in proportion.
Expenditures from the General Fund in support of established pro-
grams at current level of quality for a larger population are much
less sensitive to changes in the levels of economic activity than are
revenues from an established revenue system so dependent upon
changes in income. Thus, while the estimates of expenditures presented
here are presented with confidence, they provide a basis when taken
together with revenue estimates for the calculation of an estimated
budgetary deficit which is minimal. It should be noted that the legis-
lative analyst expresses himself as in general accord with the estimates
of expenditures and that he shares the views set forth above concerning
their conservatism.^
Finally, it will be recalled that both revenue and expenditure esti-
mates have been made in terms of 1958 dollars. If the general price
level continues to rise, the current dollar figures will differ from the
constant dollar figures shown in the table and the difference will grow
as the years pass. While the effect will be felt on both sides, it may be
useful to show its absolute magnitude in figures analogous to those
found in the basic tables. Hence, in Table X the estimates of total
General Fund revenues and of expenditures from the General Fund
for state operations including subventions have been shown subject to
the assumption that the general price level rises over the period at the
same annual average rate as obtained from 1951 to 1958 inclusive; the
1 Transcript of hearing held December 15 and 16, 1958, pp. 74 ff.
64
REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE
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REPORT OP THE JOINT LEGISLATIVE TAX COMMITTEE 65
capital outlay re(|nii'emoiits have been shown similarly on the assumj)-
tiou that the const ruction cost index rises at the same animal rate
(3 percent) as il did from 11)50 to ]!I57.
Some Implications of fhe Estimates
In the preceding pages there is set forth a description of the methods
by which the estimates of revenues and expenditures from the General
Fund have been derived together with a discussion of the difficulties
associated with their derivation. It remains now briefly to summarize
the resulting estimated budgetary deficit implied by the projections of
revenue and of expenditure.
Briefly stated, the estimates suggest that in 1958 dollars the antici-
pated deficit to the General Fund, in round numbers, will range from
$126,700,000 in 1959-1960 to $350,200,000 in 1965-1966, if the "high"
estimates of revenue are found to be substantially correct. If the ' ' low ' '
revenue estimates are used the estimated deficit ranges from $194,600,-
000 in 1959-1960 to $452,800,000 in 1965-1966.
It will be recalled that, in the discussion of the revenue estimates, it
was argued that the estimates are less reliable for any one year than for
the period as a whole and that refinements of the estimating procedure
require that adjustments be made each year for purposes of the fol-
lowing year budget discussions. Nevertheless, based upon the assump-
tions of unchanged tax and revenue sources and the maintenance of
programs of unchanged quality for a growing population, it is clear
that a substantial and growing deficit may be anticipated in each year
through 1965-1966.
Table XI following shoAvs the estimated budgetary deficit for each of
the years covered in constant dollars and in current dollars and in each
case in terms of the "high" or full employment revenue estimates and
in terms of those which assume a level of employment 5 percent less
than the full employment estimates. It should be noted, too, that the
expenditure estimates upon which, in part, Table XI is based include
estimated increases in interest costs sufficient at 4 percent interest to
pay debt charges associated with the financing of $50,000,000 of the
deficit in each year by bond financing. Clearly, if bond financing is
less than this, an unlikely circumstance, the interest charge would be
smaller and there would be a minor reduction in estimated expendi-
tures. Conversely, if increased bond financing takes place, there would
be an increase in expenditures on account of interest charges with a
larger proportion of the deficit being financed by borrowing.
The Problem of the Special Funds
The several special funds established by constitutional provision or
by statute had revenues in 1957-1958 of $640,126,007. Estimated reve-
nues to the special funds for 1958-1959 amount to $712,731,440, while
that proposed for 1959-1960 is in the amount of $688,950,811, the latter
figure being lower than the preceding primarily because no bid-bonuses
for tideland oil are estimated. The provisions of Assembly Concurrent
Resolution 206 (1957 Session) charge the Joint Legislative Tax Com-
mittee to estimate the revenues to such special funds for each year up
3— L-46S6
66
REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE
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REPORT OF THE JOINT LEOISTjATIVK TAX COMMITTEE 67
to and Includinji' 11)65-1966. No explirit cliai'!i>o to estimate expenditures
from the special funds is included in tlie resolution. This way of put-
ting the (picstion f()lh)ws, presuniaMy, from the nature of the special
funds.
In general, the revenues to sucli special funds are dedicated by the
Constitution or by statute to one or more specified purposes. This sug-
gests that the maximum to be expended from a special fund in any one
year, in the absence of legislative action, is the total revenue plus any
unexpended balances. Thus estimates of revenue become essentially
estimates of maximum expenditure. Yet, as the Legislative Analyst
pointed out in a public hearing of the committee, there are sound fiscal
reasons for the examination of the necessary activities to be financed
from each special fund.^
Since the balances are in the special funds at the discretion of the
Legislature, an examination of the needs of the agencies having special
funds may lead to the appropriation of these balances to finance, for
example. General Fund expenditures. Additionally, but not necessarily
alternatively, special fund taxes or fees might be lowered to cover the
estimated current costs of the function being supported. Or, as is the
case in some other states, all special funds other than those restricted
by constitutional amendment might by statute be made parts of the
General Fund the activities being financed from them being then fi-
nanced out of the General Fund. These are all important policy ques-
tions but require no further treatment here.
In order to provide the committee with some reasonable estimates of
special fund revenues we have undertaken, where possible, to establish
relationships, often by reasoned assumption, with other economic mag-
nitudes. The results of these estimates appear in Table XII following.
The figures appearing in Table XII require some explanation. Since
the preliminary report on this subject, the budget for 1959-1960 has
been submitted to the Legislature. Consequently the figures appearing
under the caption 1959-1960 are the estimates contained in the budget
document. The estimates for horse racing fees is set forth without the
increase which would result if the administration 's proposal to increase
them is enacted ; this procedure is consistent with the earlier sections of
this report which, in all cases, establishes estimates based upon the
present structure of taxes and rates.
Special fund taxes associated with motor vehicles and their operation
constitute almost 85 percent of all special fund revenue; motor vehicle
fuel taxes alone amount to 47.6 percent of all special fund revenue. The
estimates of these items, then, are of the greatest importance in the
whole.
Motor vehicle license fees in lieu of personal property taxes on motor
vehicles are levied at $2 per $100 of the calculated value of motor
vehicles. This calculated value is very near the new car selling price
for the first year and falls to about 5 percent of the new car selling
price after nine years. Thus the revenues from this tax are dependent
upon the average age of all motor vehicles in use as well as their num-
ber. During the preceding 10 years, motor vehicle registration has been
increasing more rapidly than the adult population which, together with
the sale of continually more expensive models, suggests that revenues
1 Transcript of hearing held December 15 and 16, 1958, p. 112 ff.
68
KEPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE
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REPORT OP THE JOINT LEGISLATIVK TAX COMMITTEE 69
from this tax will increase more rapidly tliaii the estimated annual in-
crease in personal income. Because of the importance of the age com-
position of the motor vehicle fleet in the determination of revenues from
this tax source, relatively small sales in 1958 may be expected to moder-
ate the probable rise in collections due to improve sales in 1959 and
following. Weighing- all these influences it is expected that for the
period 1959-1960 to 1965-1966, revenues from the motor vehicle license
fee will increase more ra])idly than will personal income. The projec-
tions, then, have been carried forward at the rate of 8 percent per
annum.
Another major group of fees relate to registration and weight fees.
In order to allow both for growing population and increased vehicle
ownership per 1,000 of population, the revenues from this source have
been projected at 6 percent per annum.
Drivers' license fees have recently been increased in annual cost from
50 cents per year to a minimum of 60 cents and a maximum of $1.50
per year. Depending upon the number of drivers qualified for the mini-
mum rate, revenues might be expected to increase by as much as 25
percent as a consequence solely of changes in the law. From this base,
revenues are assumed to increase by 4 percent per annum which allows
for a slightly increasing percentage for adults to hold licenses. A minor
item appearing in the budget entitled "Other Motor Vehicle Fees" has
been assumed to increase at approximately 3 percent or $50,000 annu-
ally.
Motor vehicle fuel taxes are by far the most productive of the special
fund taxes. Assuming the present tax structure and a tax of 6 cents per
gallon, the annual increase in revenues is likely to be approximately
the same as that in motor vehicle licenses or 6 percent. The 31-year
trend line cited in California Freeway System ^ is 5.6 percent. More
recent experience suggests that the number of adults and the number
of vehicles per adult may be expected to increase by about 3 percent
annually and it appears reasonable, therefore, to project the revenue
from the motor vehicle fund tax at 6 percent per annum. The motor
vehicle transportation tax, recently reduced from 3 percent of gross
receipts to half of that amount, may decline even more than is implied
by the reduction in rate if the so-called "piggy back" operations in-
crease or if vertical integration of firms reduces the importance of
contract trucking. On these bases, it appears to be reasonable to project
revenues from this source at 4 percent per annum, after adjustments
for rate changes, this being a rate of increase intermediate between the
growth of population and the growth of personal income.
The estimation of horse racing fees even apart from suggested
changes in the budget is very difficult. So much depends upon the num-
ber of active horse racing facilities and the number of days of racing
in each year that no clearly reliable assumption respecting rate of
growth may be defended. It does not seem unreasonable, in view of the
growth of personal income and of population changes anticipated, to
assume a 5 percent growth rate and the projections have been made
upon this basis.
1 Department of Public Woik.s, Division of Highway.s, "The California Freeway Sy.s-
tem, a Report to the Joint Interim Committee on Highway Problem.s of the
California Legislature", September, 1958, p. 15.
70 REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE -
Alcoholic beverages licenses being related to the size of the adult
population have been projected at an annual increase of 3 percent,
approximate!}^ the anticipated rate of population growth. In the cate-
gory *' Miscellaneous and Departmental Revenues", which amounted
in 1959-1960 to an estimated $65,791,000, are to be found 31 accounts
entitled generally '"Regulations and Licensing". Included are four,
namely, "Banking", ''Insurance", "Real Estate" and "Savings and
Loans", all under the "Department of Investment". To show the
approximate magnitude of these funds, it might be pointed out that
in 1956-1957, the four referred to above accounted for over half of the
$10.3 million collected bj^ the 31 special fund accounts to which refer-
ence is here made. In addition, the Contractors' License Board received
$.7 million, the Boards of Cosmetology, Medical Examiners and Phar-
macology approximately $.2 million each, the Boards of Accountancy,
Barber Examiners, Engineers, Dental Examiners, Dry Cleaners, Fur-
niture and Bedding, Nurses' Examiners and the Athletic Commission
all received over $.1 million each, while 15 other accounts received less
than $.1 million each. Reliable separate estimates of each of these
relatively minor funds are difficult or impossible to make. Some of
them may increase as rapidly as the rate of growth in population and
others may increase even less rapidly. To seek some consistency these
have not been separately projected but the total, made up of these 31
accounts and of other departmental revenues going to special funds,
Oil and Mineral Royalties and revenues to the surplus Money and
Investment Fund, has been projected at 5 percent per annum.
Finall}', at the bottom of Table XII, the totals under ' ' Special Fund
Revenues" have been reduced by an estimate of General Fund share
in each year. For 1959-1960 these shares are those which are set forth
in the budget document. For the ensuing j-ears, this amount has been
projected at 2 percent per annum which we believe to be a reasonable
weighted average rate of increase taking account of the probable differ-
ential behavior of the several sources.
The Impact and Equity of the Tax System in California
Assembly Concurrent Resolution No. 206 (1957 Session) charged
the Joint Legislative Tax Committee to "Evaluate the existing tax
structure and individual taxes as to impact and equity among taxpayer
and income groups. ' ' At the meeting of the committee in San Francisco
on December 15th and 16th, a preliminary report on this problem, in
particular in respect of the retail sales tax, was presented. ^
At this time, it was indicated that a more complete report as to
certain aspects of this question would be forthcoming at a later date
and, as indicated in earlier conversation, we were aware that a study
of this problem was currently in process under the auspices of the
State Board of Equalization.^
This report, dated December 1958, is now available. While limited
to taxes administered by the Board of Equalization, it is the most
definitive study of its kind wdiich has been made for California. To
(luote the preface to the report: "Dr. Hickman's conclusion that the
1 Transcript of hearing held December 15 and 16, 1958, p. 152 ff.
= State Board of Equalization, Division of Research and Statistics, Dislrihution of
the Burden of California Sales and Other Excise Taxes by William H. Hickman,
October, 19 58.
REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE 71
slight regressivity of the State's excise tax system is more than offset
by the progressivity of other taxes to which Californians are subject
reinforces, by reference to data only recently made available, the
findings of the research staff of tlie Senate Interim Committee on
State and Local Taxation in 1951,' and rebnts some of the more ex-
travagant claims that were heard before the last general election. It
should be repeated that it is the progressivity or lack of it in the total
tax system, not in any one segment of it, which is of primary signifi-
cance in policy determinations."
It will be recalled that the studies of the Senate Interim Committee
on State and Local Taxation referred to in the quotation above con-
stituted the basis for the views expressed at the public hearings in San
Francisco in December, 1958. In the course of that hearing it was
pointed out that, although the data employed by the Senate Interim
Committee were not data applicable to the current year, the relation-
ships between relative burden and income classes would not be sub-
stantially affected were it possible to obtain more current expenditure
data by income groups.- Dr. Hickman's study makes a similar and
well supported point in defense of the use of 1958 tax data and the
1950 data on expenditures provided in the Bureau of Labor Statistics
Survey of consumer expenditures of that year.
Dr. Hiclmian's study is an excellent analysis of the problem as it
relates to California. Both the argument and the conclusion are recom-
mended to the committee with respect. It maj^ be useful here, however,
to summarize the results which Dr. Hickman achieves with respect to
taxes administered by the State Board of Equalization, and to add to
the summary some observations about the total of General Fund taxes.
In Table XIII following the estimates made in the State Board of
Equalization Study are employed for taxes administered by the Board.
The personal income tax has been distributed in accordance with the
tax table and takes into account the appropriate proportions of rates
from married and single persons. The burden of the corporation profits
tax has been distributed by assuming half the burden is distributed
under the assumption that the tax is borne by dividend recipients and
half the burden is distributed under the assumption that the tax is
paid by shifting the burden to consumers in the form of higher prices.
It will be noted that, in general, consistent with Dr. Hickman 's results,
the General Fund taxes taken as a whole are slightly regressive over
the first part of the income range, roughly proportional over the middle
of the range, and progressive above $10,000 per annum.
Turning now to motor vehicle taxes and setting forth Dr. Hickman 's
results, it will be discovered in Table XIV following that the sum of
motor vehicle taxes is distributed in such a fashion as to make it a re-
gressive tax over the larger part of the entire range.
Distribution of two other taxes, those on pari-mutuels and on liquor
licenses, may be distributed over the income groups and they appear
estate and Local Taxes in California: A Comparative Analysis, pp. 65, 68, 70.
2 Transcript of hearing lield December 15 and 16, 1958, p. 159.
72
REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE
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REPORT OP TIIK JOINT LKdIsr.ATIVK TAX COMMITTEE 73
thus ill Table XV following-. The distribution of tlie tax on tlie pari-
mutuels was assumed to be proportional while the liquor license tax Avas
assumed to be distributed in a fasiiion similar to tlie distribution of the
alcoholic beverages excise tax. The two taxes appearing in Table XV
taken together are essentially proportional, as, indeed, is to be expected,
since the tax on pari-mutuels was assumed to be proportional.
The distribution of the burden of an individual tax may be eijuitable
or not in terms of the degree of regressiveness or progressiveness con-
ceived to be appropriate, wliile the tax system as a whole produces
results which may be difl'erent from those to be obtained from any
single tax. The best judgments concerning the equity of a tax structure,
then, requires that the entire tax burden of the tax system be examined.
Taking the estimates made by Dr. Hickman of taxes administered by
the State Board of Equalization together with the distribution of the
burden of other state taxes as described above, it is possible to indicate
the distribution of the burden of all state-imposed taxes over the in-
come classes. These figures appear in Table XVI following.
Here it will be noted that the system as a whole is moderately regres-
sive over the first three of the income classes and is essentially pro-
portional throughout the remainder of the range, becoming clearly
progressive in the open end category above $10,000.
As indicated in the course of the December hearings in San Fran-
cisco, the expenditure data for the determination of the degree of pro-
gressiveness or regressiveness of an individual tax or of the tax system
for income levels substantially above $10,000 do not exist. A very com-
prehensive survey would be required to produce the data. The conclu-
sion which is reached concerning the structure of taxes in California
must be that when viewed as a whole it is proportional over most of
the range and becomes progressive at the top of the range.
In general, questions relating to the impact and equity of a tax
system relate to the manner in which the burden is distributed as be-
tween income classes. The materials developed in the study of the State
Board of Equalization together with the estimated distribution of the
burden of taxes not administered by the Board of Equalization and set
forth above suggest that the tax structure in the State of California
taken as a whole may be looked upon as a substantially equitable sys-
tem. It is true that the system is moderately regressive M'ith respect
to the lowest income classes but it is also true that a substantial volume
of the public service provided by the State, in particular education,
social welfare and the like, are of particular importance to persons who
are, in fact, in the lower income groups. To judge the equity of the
tax and revenue system as a whole would really require that the distri-
bution of the benefits of government services by income classes should
also be made. AVere such a distribution possible, it is reasonable to
suppose that it would show largely proportional importance of govern-
ment service in the lower income brackets than at certain of the higher
income brackets. Moreover, it must be recognized that the federal in-
come tax structure is highly progressive and that this being so, a state
tax system which is essentially proportional over a large part of the
range may be looked upon as an equitable system of state taxation in
74
REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE
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view of the highly progressive cliartu'ter of tlie tax system as a wliole
when federal ineonie taxes are included.
An examination of the tax system for the puri)ose of identifying ex-
isting preferential tax treatmeiit apart from the general qnestion of the
distribution of a tax as discussed above is also called for by Assembly
Concurrent Resolution No. 206. Discussions in the public press relating
to public utility property taxes and representations made on behalf of
the pnblic utilities in the Legislature poiut to one taxpayer group or
tax base which, it is alleged, involved not preferential but adversely
discriminatory tax treatment. The complicated issues that are involve<l
in this point are well known to members of the committee. There is no
scientifically based method to make a judgment concerning it.
At a public hearing held in Los Angeles on October 2, 1958, the com-
mittee heard testimony from a number of persons who called attention
to what they believed to be undue tax burdens involving industries
with which they are directly associated and it was pointed out, in par-
ticular by Mr. Paul Ziffren, that not only the tax statutes but their
administration must be carefully examined to assure that no preferen-
tial or adverse discrimination is involved. Testimony before the com-
mittee, however, did not develop clear evidence that taxpayer groups
or tax bases are receiving preferential tax treatment. In short, then
Mdiile individual issues of this kind will be called to the attention of the
Legislature by interested parties and the evidence presented will then
be evaluated, the tax system, as a whole, must be looked upon as reason-
ably equitable which itself suggests that no substantial preferential
tax treatment is involved.
The Tax Structure and Its Impact on the
Economic Development of California
Assembly Concurrent Eesolution No. 206 (1957 Session) contained a
provision which cliarges the Joint Legislative Tax Committee to "evalu-
ate the existing tax structure and individual taxes in terms of detri-
mental effect upon the orderly development of the State's economic
resources, industry, commerce, and agriculture. ' '
This is an extraordinarily complicated issue. The factors which gov-
ern the location of economic activity and which bear both upon original
location and subsequent mobility are enormously varied. To single out
and measure the quantitative effect of a single factor, for example, the
tax structure in a given jurisdiction, involves not only the measurement
of comparative tax burden but of means by which differentials therein
may be weighted to assess their importance in the final decisions of
firms and thus upon the development of economic activity. The litera-
ture of location theory as well as the specific studies of the tax factor
have contributed very little to the formulation of definitive views on
the subject. Nevertheless, the growdh of state and local tax collections
in recent years has focused renewed attention on the possible adverse
effects of such taxes on "orderly development of * * * economic re-
sources, industry, commerce, and agriculture." The question most fre-
quently investigated to date has been the extent to which aggregate
state and local taxes exert influence on industrial location. Somewhat
less attention has been devoted to such other aspects of the general
74
REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE
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REPORT OF TTIE JOINT LKOISLATTVK TAX COMMITTEE 75
view of tlic highly jn'og'i'ossivc ehjirjictor of llic tax syslcni as a wliole
when fpcleral ineoino taxes are incliidod.
An examhmtion of the tax system for tlie |)iir])ose of identifying ex-
isting preferential tax treatment apart from the general (iiiestion of the
distribution of a tax as disenssed above is also called for by Assembly
Concnrrent Resolntion No. 206. Discussions in the public press relating
to pnblic ntility property taxes and representations made on behalf of
the pnblic ntilities in the Legislature point to one taxpayer gi-oup or
tax base which, it is alleged, involved not preferential bnt adversely
discrinnnatory tax treatment. The complicated issues that are involved
in this point are well known to members of the committee. There is no
scientifically based method to make a judgment concerning it.
At a pnblic hearing held in Los Angeles on October 2, 1958, the com-
mittee heard testimony from a number of persons who called attention
to what they believed to be undue tax burdens involving industries
with which they are directly associated and it was pointed out, in par-
ticular by Mr. Paul Ziffren, that not only the tax statutes but their
administration must be carefully examined to assure that no preferen-
tial or adverse discrimination is involved. Testimony before the com-
mittee, however, did not develop clear evidence that taxpayer groups
or tax bases are receiving preferential tax treatment. In short, then
while individual issues of this kind will be called to the attention of the
Legislature by interested parties and the evidence presented will then
be evaluated, the tax system, as a whole, must be looked upon as reason-
ably equitable which itself suggests that no substantial preferential
tax treatment is involved.
The Tax Structure and Its Impact on the
Economic Development of California
Assembly Concurrent Resolution No. 206 (1957 Session) contained a
provision which charges the Joint Legislative Tax Committee to "evalu-
ate the existing tax structure and individual taxes in terms of detri-
mental effect upon the orderly development of the State's economic
resources, industry, commerce, and agriculture. ' '
This is an extraordinarily complicated issue. The factors which gov-
ern the location of economic activity and which bear both upon original
location and subsequent mobility are enormously varied. To single out
and measure the quantitative effect of a single factor, for example, the
tax structure in a given jurisdiction, involves not only the measurement
of comparative tax burden but of means by which differentials therein
may be weighted to assess their importance in the final decisions of
firms and thus upon the development of economic activity. The litera-
ture of location theory as well as the specific studies of the tax factor
have contributed very little to the formulation of definitive views on
the subject. Nevertheless, the growth of state and local tax collections
in recent years has focused renewed attention on the possible adverse
effects of such taxes on "orderly development of * * * economic re-
sources, industry, commerce, and agriculture." The question most fre-
quently investigated to date has been the extent to which aggregate
state and local taxes exert influence on industrial location. Somewhat
less attention has been devoted to such other aspects of the general
76 REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE
problem as the effect of the tax structure ou the rate of exploitation of
natural resources and the relation between taxes and optimum land use.
There is considerable variation among state and local governments
in fiscal capacities, in needs for public services, in standards of service
expected by citizens, and in the overall tax systems used to finance
governmental operations. As a consequence., intra- and interstate tax
differentials are a common phenomenon. The extent to which the exist-
ence of such tax differentials influences industrial location is the subject
of widesj^read controversy.
In some instances, alternative choices with regard to location are ex-
tremely limited. For example, this is the case for firms producing per-
ishable products which cannot be transported economically over long
distances or bulkv' products which can be moved more cheaply as raw
materials. Similarly, locational choice is limited for certain resource
oriented industries. Here sites are selected on the basis of other than
tax considerations.
In other instances, however, a number of possible sites within a given
state or in various states may be considered because the firm is under no
necessity of locating in close proximit}- to its customers or to essential
resources. It is in this situation that the significance of tax differentials
among alternative sites may be raised. This is more likely to be a matter
of importance in the case of new plants rather than existing plants be-
cause of the costs of changing locations which the latter would en-
counter.
Studies of interlocal tax differentials and their influence on indus-
trial location have employed several methods of measuring tax loads
for given types of industries at various possible locations. The simplest,
but least satisfactory, method involves comj^arisons of per capita state
and local tax collections in various areas selected for comparison. This
method, however, will yield useful results for comparative purposes
only when industry carries the same proportion of the total tax biU in
all of the areas selected for comparison. That this is not always the
case can be easily demonstrated. There is considerable variation among
taxing jurisdictions, both state and local, in the extent to which exist-
ing tax systems distribute the cost of financing governmental services
between personal and business taxes. For example, some states rely
heavily on personal income taxes while others make little or no use of
this method of raising revenue. Some local governments derive substan-
tial revenue from business license taxes and similar levies falling at
least initially largely on the industrial and commercial sector of the
community. As a result, two jurisdictions may have identical per capita
state and local tax burdens, but industry may carry quite different
proportions of the total tax load in each. In such a case, comparisons
of per capita state and local tax collections as a measure of industrial
tax loads is highly misleading.
More satisfactory methods of measuring interlocal tax differentials
involve: (1) use of actual pavTuents by business firms to state and local
governments; or (2) use of "constructive" tax pa^Taents to state and
local governments by hypothetical businesses at various locations
selected for comparison.
Actual state and local tax pa^^nents as a measure of industrial tax
differentials have the advantage of reflecting not only the existing tax
REPORT OF THE JOINT LEGISIATIVE TAX COMMITTEE 77
laws of the various jurisdictions beinp^ compared but also the manner
in which such laws are in practice applied to the taxpayers involved.
It is sometimes the case that, either as a result of imperfect adminis-
tration or less frequently deliberate policy, the provisions of tax laws
are not applied in complete accordance with statutorj^ mandates. Thus,
tax laws essentiality similar in substantive provisions may have vary-
ing impacts on taxpayers in ditferent jurisdictions. A case in point is
the disparity in ratios of assessed to full value of propertj^ used for
ad valorem tax purposes in various jurisdictions. These variations in
application of tax laws are automatically reflected in actual payments
made by taxpayers to state and local governments.
On the other side, however, are several difficulties. Since the amount
of tax payments may be affected by various nontax factors, it is essen-
tial that the businesses selected for comparison be as nearly identical
as possible. For example, assume that the rate and assessment ratio
for ad valorem taxation are the same in localities A and B. If a firm
operating in locality A requires larger inventories of taxable property
than a firm operating in locality B, the former will carry a heavier
property taxload than the latter. Similarly, differences in rate of profit
will result in unequal loads under identical earnings — based taxes. It
is essential, therefore, that the businesses selected for investigation be
comparable with respect to a considerable number of nontax factors.
Furthermore, obtaining the necessary data regarding actual tax pay-
ments may be difficult because of the reluctance of firms to disclose
the details of their operations. Finally, comparisons of tax differentials
by this method of measurement are valid only in terms of the particular
types of businesses studied and do not constitute a basis for broad
generalization as to industrial tax differentials.
The use of "constructive" tax payments to state and local govern-
ments by hypothetical firms assumed to be located in the jurisdictions
selected for comparison holds constant all factors other than taxes —
e.g., rate of profit, inventory requirements, and the like. It further
avoids the difficulty of obtaining data on actual payments from tax-
payers who may be reluctant to disclose such information. The prin-
cipal difficulty involved in use of "constructive" tax bills is that this
method, which involves calculation of state and local tax liabilitj'' in
accordance with provisions of tax laws, cannot satisfactorily take into
account differences between the law and its application in practice. As
indicated above, the disparities betAveen statutory provisions and ap-
plication in practice may be considerable. As is true in the case of the
actual tax payment method, the "constructive" tax bill method does
not provide a A'alid basis for broad generalization as to industrial tax
differentials.
It should be noted that tax differentials are likely to vary not only
from indu>stry to industry but also for the same firm over time. The
most important factors responsible for such variations are differences
in tax bases and rates among jurisdictions, differences in the overall
tax systems among jurisdictions, and changes in earnings and balance
sheet structure of firms.
Even if a satisfactory measure of industrial taxloads in different
localities is developed, the existence of differentials in such taxloads
does not of itself prove that taxes exert a significant influence on
78 REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE'
industrial location. Consideration must also be given to nontax factors
such as availability of labor supply, transportation costs, and the like.
The important consideration is the variability of tax costs between
alternative locations compared with the variability of nontax costs.
If the totals of nontax costs are approximately the same between
alternative locations, tax differentials may be assumed to be of sig-
nificance.
Furthermore, it is reasonable to assume that aggregate taxloads will
have different effects on location decisions depending on the relative
importance in the aggregate of those taxes which are regarded as pay-
ments for services directly beneficial to the enterprise and which other-
wise it would have to provide at its own expense. Thus, a heavy tax-
load location may actually be preferable to a low taxload location if
in the former a large proportion of the taxes collected is spent for
services regarded b}^ a firm as beneficial to itself whereas in the latter
location tax moneys are spent to provide services of a more general
character which are only indirectly and remotely beneficial to industry.
In light of the problems discussed above, it is not surprising that
investigations of the effects of state and local taxes on industrial loca-
tion do not provide conclusive evidence that low taxload areas attract
industry and that new industries do not locate in and existing indus-
tries migrate from high tax areas. One of the most comprehensive of
the recent studies reaches this conclusion :
"A critical examination of the previous studies in which the relation-
ship between tax conditions and tlie selection of plant locations was
anal.yzed reveals that sweeping generalizations concerning the influence
of tax differentials upon all types of location decisions are difficult to
support when they are tested against valid statistical criteria. As has
been pointed out, the investigations analyzed * * * have failed to
demonstrate conclusively that tax cost diff'erentials do or do not affect
the selection of all tj'pes of plant sites. The theoretical analysis under-
taken in the present study, liowever, leads to the conclusion that under
certain conditions tax considerations may influence the selection of
locations for some, but by no means all, types of industrial plants."^
In 1949 the Senate Interim Conunittee on State and Local Taxation
published a report on the significance of property tax rate differentials
in relation to location decisions.- This study was limited in scope to ad
valorem tax rate differentials inside and outside cities in each of six
geographical ai'eas in California containing a total of 44 centers of
industrial and commercial development.
Aside from this study, there has been no systematic investigati(m of
the effect of tax differentials on industrial location with specific ref-
erence to California.
Intra- and interstate tax differentials are inevitable because of varia-
tions in fiscal capacities, in needs of public services, in standards of
service expected by taxpayers, and in tax systems used to finance gov-
ernmental operations. The development of a satisfactory measure of
1 Floyd, J. S., Effects of Taxation on Industrial Location, University of North Caro-
lina Press, 1952, p. 109.
2 California Legislature, Afjarefjate Property Tax Rates and Their Implications With
Respect to Business Location and Development in California. Report of tine Sen-
ate Interim Committee on State and Local Taxation (Sacramento, June, 1949)
REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE 79
such differentials presents great difficult}^ because of variations in tax
bases and rates among jurisdictions, in the overall tax systems among
jurisdictions, and in the earnings and balance sheet structures of firms.
But even if a satisfactory measure of iudustrial tax differentials
shows the existence of varying tax loads either intra- or interstate,
this does not of itself prove that taxes exert a significant influence ou
industrial location. Nontax factors such as access to markets and avail-
ability of necessary raw materials and labor supply appear to be more
important as locational determinants. Furthermore, aggregate tax loads
are likely to have different effects on location decisions depending on
the relative importance in the aggregate of those taxes which are re-
garded as payments for services directly beneficial to an enterprise
and Avhich otherwise it would have to provide at its own expense.
Higher than average taxes, if coupled wdth better than average govern-
mental services beneficial to industry, may well encourage rather than
discourage entry of firms.
Investigations of the effects of state and local taxes on industrial
location do not provide conclusive evidence that low tax areas attract
industry and that new industries avoid and existing industries migrate
from high tax areas. The most that can be concluded from such in-
vestigations is that under certain very limited conditions tax considera-
tions may influence locational decisions of some types of industrial
plants.
There has been no systematic investigation of the effect of tax differ-
entials on industrial location with specific reference to California, but
there is no reason to assume that such a study would produce any
more definitive evidence that the existing tax structure or individual
taxes have a detrimental effect upon development of the economy of the
State.
Dr. Leslie Carbert, speaking in his personal capacity, subscribed in
general to the views set forth above. Dr. Carbert 's testimony volun-
teered to the committee from the floor was itself based upon a compre-
hensive study which he had undertaken for the Legislature of the State
of North Carolina.^
The weight of the literature and evidence suggests that, as a general
proposition, no clear case can be made for the detrimental effect of the
existing tax structure on the orderly development of the economy of
California. Only under very limited conditions and for some types of
industrial plants is the contrary to be anticipated. This is not to deny
that upon occasion the tax factor will weigh in the balance of other
factors as the crucial one in a very few individual cases. As a generally
detrimental force, however, the case has not been made.
An Interstate Comparison
Assembly Concurrent Resolution 206 (1957 Session) charged the
Legislative Tax Committee to "compare California taxes both as to
rate and burden Math other large industrial states, and also compare
both total and per capita expeiulitures with such states."
In order to accomplish the comparison called for it was decided to
select the 10 states including California with the largest total personal
1- Transcript of hearing held December 15 and 16, 1958, p. 139.
80 REPORT OF THE JOINT LEGISLATHE TAX COMMITTEE
income. These 10 states, California, Illinois, Indiana, Massachusetts,
Michigan, Xew Jersej^, New York, Ohio, Pennsylvania and Texas may
all be described as important industrial states though the composition
of economic activity, as might be supposed, varies between them. Thus,
though the percentage of wage and salary income from manufacturing
in California is less than it is in all the other states included in the
comparison, except Texas, the importance of industrially organized
economic activities in California makes comparisons with states more
heavily committed to manufacturing reasonable and valid. For a pre-
liminary and gross comparison of certain of the attributes of the 10
states in the present comparison, data respecting population, total per-
sonal income and per capita income appear in Table XVII below.
In addition to the gross comparisons of population, total personal
income and per capita income in the 10 states selected appearing in
Table XVII, some more detailed materials relating to the state and
local taxes upon which the several states primarily rely and relating to
the per capita amounts collected will be of value. It must be recognized,
of course, that there are tj-pes of taxes appearing in one or more of the
states involved in the comparison which do not appear in all. Table
XVIII which shows per capita tax collections for the 10 large indus-
trial states by type of tax and by taxing jurisdiction (i.e., state or
local), does not, of course, provide a basis for the judgment of tax
burden. In order to develop a measure of tax burden, it is necessary to
relate per capita tax payments to per capita personal incomes. Even
TABLE XVII
POPULATION, TOTAL PERSONAL INCOME, AND PER CAPITA
INCOME, 10 STATES, 1957'
Total personal Per capita
Population income income
^iate (tJwusandsJ (millions of dollars) (dollars)
California 1.3,922 35.131 2,523
Illinois 9,637 23,579 2,447
Indiana 4,533 9,110 2,010
Massachusetts 4,866 11,361 2,355
Michigan 7,803 16,706 2,141
Xew Jersey 5,627 14,089 2.504
New York 15,888 40,954 2,578
Ohio 9,200 20,748 2,255
Pennj^yhauia 11,043 23,327 2,112
Texas 9,138 16,367 1,619
United States 170,333 345,272 2,027
^Survey of Current Business, August, 1958.
this is not a perfect measure, for a very poor state in terms of per
capita personal incomes might, in turn, be a state in which the propor-
tion of per capita personal incomes represented by taxes might be small,
yet in marginal terms it might represent a tax burden heavier to bear.
Conversely, a very wealthy state with a high proportion of per capita
tax payments to per capita incomes might represent marginally a
lighter real burden. Another way of putting this point is to say that a
wealthy state may tax more heavily in proportion to meet the "require-
ments of its citizens in the public domain at the sacrifice of less urgent
private wants than those foregone in the poorer state.
REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE
81
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82 REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE
As a measure of total tax burden in the 10 large industrial states,
materials have been collected showing the total of tax revenues of state
and local governments and the sum of personal incomes in each. These
materials have then been expressed in per capita terms and the relation-
ship between per capita total tax revenues and per capita personal
incomes has been indicated as a measure of tax effort. The figures
appear in Table XIX below.
TABLE XIX
Tax revenue as a
* Per capita Per capita percent of personal
state and local personal income in
tax revenue income 1956 1956 1957
California $245.08 $2,461 0.96 9.40
New York 233.97 2,456 9.52 9.04
Massacliusetts 210.82 2,235 9.43 8.93
Michigan 184.12 2,158 8.53 8.35
Texas 140.54 1,714 8.20 7.68
Pennsylvania 162.02 2,027 7.99 7.60
Illinois 183.58 2,385 7.70 7.38
New Jersey 177.48 2,408 7.37 6.95
Indiana 143.95 1,977 7.28 7.01
Ohio 155.26 2,184 7.11 6.79
Te-x States 191.06 2,233 8.56 8.13
* Uses July 1, 1956, population estimates (the population at the beginning of most
fiscal years). For reasons, see discussion in text.
Sources: Survey of Current Business, August, 1958.
"State and Local Government Fhiances in 1957", Census of Governments Ad-
vance Release No. 8, Bureau of the Census, Department of Commerce (Washing-
ton, February, 1959).
Some comments on this table may be helpful. The figures in the first
column are derived by taking the Department of Commerce estimates
of total state and local tax revenue for the fiscal years ending in 1957
(for most governmental units this will be fiscal 1956-1957, but for some
local governments the fiscal j-ear coincides with the calendar j-ear 1957)
and dividing it by the population estimates as of July 1, 1956. The fact
that figures on tax revenues are compiled for the fiscal year while the
population estimates are made as of July 1 each year requires a de-
cision as to the population figure to be employed. In order to make the
per capita income figures comparable in terms of the population figure
employed, they are shown in column two as 1956 figures. Finally, in
colunuis three and four, total tax revenue is shown as a percent of total
personal incomes for each of the calendar years 1956 and 1957.
It will be noted that the 10 states are listed in order of the percentage
of 1956 personal income Avhich is collected in state and local taxes in
fiscal j-ears ending in 1957. Only one change in order appears when
1957 income figures are used, nameh-, the positions of Indiana and
New Jersey are reversed.
It will be noted, too, that California stands at the top of the list each
year. The percentage of total personal income collected in taxes is com-
paratively high in California. It should not be concluded, however, that
the burden thus measured is inordinately high. There are 16 states
which have tax collections which represent a larger proportion of per-
sonal income than is sho^vn in California.^
iThey are: Colorado, Idaho, Iowa, Kansas, Louisiana, Minnesota, Mississippi, Mon-
tana, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Vermont, Wiscon-
sin, and Wyoming.
REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE 83
A wealthy industrial state, as was pointed out earlier, can bear a
heavier proportional tax load at the sacrifice of less urgent private
wants than would be involved in the poorer state even with the same
comparative tax burden. Moreover, a wealth.y iiulustrial state will usu-
ally have a pojudation which will demand more government services
of a higher (juality than will be the case in a poorer state. Thus, while
one may not minimize the importance of the tax burden in the indus-
trial states, including California, the crude comparison must be evalu-
ated with care.
Tax Rates
In an extensive report the Senate Interim Committee on State and
Local Taxation described and e(nnpared the tax structure of California
with that of other states not only as to tax I'ates but also as to related
matters such, for example, as exemptions, which determine the base to
which the rates apply.^
An examination of this report reveals the enormous complexity of
the tax structures of the several states taken together. Meaningful com-
parisons of individual tax rates obtaining in a number of separate states
not only requires that the rates themselves be identified and the exemp-
tions, deductions, or other provisions which affect the base be described
and evaluated, but, in addition, it is necessary to consider the individual
tax under consideration as a segment of the tax structure of which it
is a part. Thus if a particular state has a personal income tax rate at
a given level of income which is higher than that which obtains in
California, but if that state permits a deduction of federal income taxes
in the determination of the tax base, the comparison of rates is without
direct significance. Adjustments may, of course, be made to secure com-
parability of effective tax rates by income group for the personal in-
come tax. If this be done it is still necessary to evaluate the result in
terms of the total tax structure. Does the state in question also have a
retail sales tax? If so, at what rate and with what exemptions? What
is the proportion of total revenues of state and local governments pro-
duced by the revenue system of the state government and what pro-
portion is raised by local governments? All of these questions and
others are necessarily involved in a useful interstate comparison of
tax rates. The report of the Senate Interim Committee on State and
Local Taxation cited above provides the materials for a comparison of
effective tax rates as of an earlier date. The materials were compiled
with great effort. To expend a similar order of effort in detailed com-
parison of every tax existing in the 10 states as of a later date would
require substantial expenditure of both time and money. The results
would not be significantly dift'erent from the point of view of tax
policy from the results in the report of the Senate Interim Committee
on State and Ijocal Taxation referred to above. However, from corre-
spondence and from published data there has been compiled a brief
comparison of the tax rates of the states and with respect to those
specific taxes upon w^hich the states principally rely.
Three of the states in the comparison, California, Massachusetts and
New York, use personal income taxes. The California personal income
^ state and Local Taxes in California: A Comparative Analysis, Senate Interim Com-
mittee on State and Local Taxation (Sacramento: 1951).
84 REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE
tax is at rates which range from 1 percent for the first five thousand
dollars of taxable income per taxpaying individual (a joint return
being for two individuals and thus doubling the brackets) to 6 percent
for taxable income in excess of $25,000. In Massachusetts the personal
income tax is levied at three rates each applicable to a different seg-
ment of income. The tax is levied at a constant rate (regardless of the
size of income) of 3.075 percent on taxable earned and business income.
On income from interest and dividends and capital gains on intangibles
there is a constant rate of 7.38 percent. Finally, on incomes from an-
nuities and the like, the constant rate is 1.845 percent.
The New York personal income tax is levied at rates of 2 percent on
taxable incomes per tax return up to $1,000, ranging upward to 7
percent on taxable incomes over $9,000.
The comparison of these three states is made more difficult since
Massachusetts calculates taxable income after deduction of federal
personal income taxes whereas New York and California do not. Both
on this ground and because only Massachusetts differentiates between
"earned" and "unearned" incomes. New York and California are
more comparable as to the distribution and size of the personal income
tax burden. Thus it is possible for certain income classes to show the
comparative effective rates (the total state income taxes collected as a
percentage of the adjusted gross income) in the two states. This com-
parison appears below :
TABLE XX
EFFECTIVE PERSONAL INCOME TAX RATES IN CALIFORNIA AND NEW YORK
FOR A FAMILY OF FOUR BY INCOME CLASSES
Adjusted fiross
income fin HK California NcnYork
.$5,000 .08 .51
10.000 .51 1.95
20.000 1.01 4.25
50.000 2.51 5.00
100,000 4.21 6.45
In each of the states referred to in the table above, the personal in-
come tax is progressive ; and the effective rate at each level of income
is higher in New York.
Four of the states in the comparison make use of a corporate income
tax. There are substantial variations in the formulae by which taxable
corporate income of corporations operating in several states is deter-
mined. Given the taxable income, hoAvever, the rates are 4 percent in
California, 5.5 percent in New York, 6 percent in Pennsylvania and
6.765 percent in Massachusetts.
Five of the states make use of retail sales taxes. Three of them, Cali-
fornia, Ohio and Pennsylvania exempt food and each of these have a
tax rate of 3 percent. Michigan has a 3 percent retail sales tax and
does not exempt food but does exempt certain "intermediate goods" —
goods purchased by business firms and for business use. Ohio and Penn-
sylvania also exempt certain intermediate goods in addition to food.
Finally, Illinois has a 2| percent tax and exempts neither intermediate
goods nor food. Also, Indiana has a gross income tax levied at three-
eighths percent which is essentially similar to a sales tax, though with
the undesirable quality of tax pyramiding.
REPORT OF THE JOINT LEOISIiATIVE TAX COMMITTEE 85
Seven of the states Iiave alcoholic beverage taxes. Tliey range from
$2.25 per proof gallon in Massachusetts to $1.02 per gallon in Illinois.
Three of the states, California, New -ler.sey and New York have a lax
rate of $1.50 per prool' gallon while tlie rate in Texas is $1.41. The
same seven states tax beer at rates ranging from $0,045 per case in
California to $0,312 per case in Texas. California lias the lowest tax
on beer of the 10 states under examination.
All of the 10 states have a tax on cigarettes except for California.
Massachusets has a 6 cents per package rate, Michigan, New Jersey
and Texas levy the tax at 5 cents per pack, Pennsylvania at 4 cents
and the remainder at 3 cents per pack.
Seven of the 10 states, California, Illinois, Massachusetts, Michigan,
New Jersey, New York and Ohio tax amounts wagered in pari-mutuels.
California taxes the first 10 million dollars wagered during the year
at any one track at the rate of 4 percent, the next 10 million dollars
at 6 percent. New Jersey taxes the first 40 million dollars wagered at
7 percent and all over 40 million dollars at 8 percent. The tax in
Michigan distinguishes between tracks inside and outside of cities, the
former being taxed at 6 percent, the latter at 4 percent, without re-
gard to the amounts wagered. New York has a flat rate of 11 percent
except at Saratoga where the rate is 10 percent of the amount wagered.
Ohio has a progressive rate ranging from 3^ percent of the first 10
thousand dollars of the daily wager to 7:^ percent for amounts in excess
of 400 thousand dollars. Illinois and Massachusetts both have flat rate
taxes, the former at 6 percent of the annual amounts wagered, the
latter at 7 percent.
Two other tax sources, those associated with motor vehicles and taxes
on motor vehicle fuels are important segments of state tax revenue.
Apart from the tax on gasoline, however, it is impossible in brief
compass to undertake a comparative examination of these taxes. A tax
on gasoline per gallon is levied in each state of the 10 under examina-
tion. The New York tax is at the rate of 4 cents per gallon, Illinois,
New Jersey, Ohio, Pennsylvania and Texas levy a tax at the rate of 5
cents per gallon, Massachusetts at the rate of 5^ cents per gallon and
Michigan and California at the rate of 6 cents per gallon.
The formulae and tax base for motor vehicle taxes other than gaso-
line taxes in the several states differ widely. Distinctions are made
respecting the use of motor vehicles, i.e., whether they be for private
or commercial use and the like. Motor vehicles are distinguished one
from the other in terms of their weight, their value, the number of
their axles, their horsepower and a large variety of other considerations
all of which makes summary comparison dif!ieult or impossible. The
Senate Interim Committee on State and Local Taxation undertook
such a lengthy examination, and reference to the studies of that com-
mittee will illustrate the point made here.^
Interstate Comparison of Expenditures
At the meeting of the committee in San Francisco on December 15
and 16, 1958, it was pointed out that grave difficulties are associated
with attempts to make comparative studies of public expenditures as
^Report of the Senate Interim Committee on State and Local Taxation, California
Legislature, April, 1951, pp. 413 f£.
86 REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE
between the several states and it was indicated that the Senate Interim
Committee on State and Loeal Taxation heretofore referred to did not
undertake a comprehensive study of public expenditures. The latter
committee spent a substantial amount of effort in attempting an ap-
propriate design of such a study but concluded that the results would
not be of sufficient usefulness to the Legislature to warrant the time
and money that would be involved in making a really comprehensive
comparative study.
In part, the difficulties to which reference is made stem from the fact
that the variation in fiscal practices and in other circumstances as-
sociated with the needs of individual states makes a comparison of
total or per capita expenditures without differentiation of function of
little value. On the other hand, a study which does differentiate by
function raises additional problems of comparability. Certain of these
questions are so fundamental as to raise real doubt as to the value of
the study for the development of the tax or expenditure policy of a
particular state. An illustration or two of this line of argument may
be useful.
If one were to examine several large states by function almost any
function one chooses would give rise to some very difficult questions of
comparability, for example, in the case of highways, there will be sub-
stantial variations in expenditures depending upon the geographical
area of the state, the distances between metropolitan complexes, the
nature of the terrain and so on. Further, the timing of road expendi-
tures may make the figures for a few years far from representative of
the average expenditure by any one state. Hence, expenditures of so
much per capita or such and such a percentage of the tax dollar in
one state versus another would not provide a very useful comparison
unless one were simultaneously to consider in detail the highway needs
of the particular states in question. Turning to another illustration, if
one Avere to make a comparison of the Departments of Correction in
the several states to determine the cost per prisoner per annum in cor-
rectional custodial institutions, this would not in itself be useful unless
one also knew how differences, if any, in the quality and standards of
the institutions in one state would compare with the institutional qual-
ity and standards of institutions in another. If it were to be discovered
that correctional institutions had a cost per inmate in a particular state
substantially lower than in California, one would need to know for anj^
policy judgment whether the institution in the state with the loAver
cost was equivalent to the quality of the institution which the Legisla-
ture would look upon as appropriate for the State of California, and,
clearly, were the total cost of correctional institutions to be expressed
in per capita terms for the whole population of the state, comparison
would require us to know something of the efficiency of the judicial
processes, of parole standards and the like.
These are only illustrations of the problems that one would have to
investigate for a comprehensive study of differential expenditures by
function and the comments to which these observations are a conclu-
sion are designed to suggest to the reader that the detailed analysis of
state and local expenditures by functions called for in the Assembly
Concurrent Resolution No. 206 should be read with caution.
REPORT OF THE JOTNT TyEGIST.ATl^•l•: TAX COMMITTEE
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REPORT OF Tin: JOINT LEGISLATIVE TAX COMMITTEE 89
Table XXI preceding- slunvs total exi^eiulitures by priiK-ipai func-
tional categories for the 10 states which have been selected for compai-i-
son. The data are taken from "State and Local Government Finances in
1957", 1957 Census of Governments Advance Release No. 8, Bureau of
the Census, Department of Commerce, (Washington, February, 1959).
Preceding will be found Table XX IT which shows the same data in per
capita terms. ^ In both tables utility expenditures are removed because
of the wide variations in public and private operation of public utili-
ties in the several states and, similarly, insurance trust expenditures
involving pension and retirement plans and the like are removed again
because of the wide variations. Finally, in Table XXII there is pre-
sented a 10-state weighted average per capita expenditure by f miction
and in toto and a similar per capita figure for the United States as a
whole. These data, the most recent available on a comparative basis, are
the most complete ajipearing in sunnnary published form. It is hoped
that for purposes of the deliberations of the Joint Legislative Tax
Committee these materials will be useful.
As a further precaution relating to the care with which the figures
in the tables must be employed, a precaution made necessary by the
wide variations in certain important attributes as between the states,
some materials have been brought together showing the percentage of
the population in public elementary and secondary schools in each of
the states, showing state prison population per one hundred thousand
of population, showing the number of institutionalized mentally ill and
defective per one hundred thousand of population, showing the per
capita federal aid for old-age assistance and showing the percentage of
students in higher education attending public institutions. The sub-
stantial variations in these several categories will, I believe, be impres-
sive, and appear in Table XXIII below.
TABLE xxm
10 STATE VARIATIONS ON A FEW SELECTED ATTRIBUTES
(1) (2) f.7J (J,) (.V
California 20.8 116.1 378.1 8.81 76.9
Illinois 15.8 86.8 544.1 3.61 38.0
Indiana 19.9 105.1 366.4 2.90 56.8
Massachusetts 16.1 43.1 690.2 7.31 10.8
Michigan 19.3 134.3 446.9 3.73 77.4
New Jersey 16.1 72.4 530.6 1.54 23.0
New York 15.3 105.1 756.6 2.67 34.6
Ohio 18.2 113.6 413.0 3.92 53.8
Pennsylvania 16.7 66.4 476.5 1.67 17.8
Texas 19.4 100.5 249.6 9.47 68.4
United States 100.5 443.3 5.66 53.2
<!' Percentage of the population in public elementary and secondary schools, October,
1956 (using- July, 1956, population estimates).
<-> State prison population per 100,000 in 1954.
<3) Institutionalized mentally ill and defective per 100,000 in 1953.
(4) Per capita federal aid for old-age assistance, 1957.
(5) Percentage of students in higher education attending public institutions.
Source: Statistical Abstract of the United States.
1 The categories "Other" in Tables XXI and XXII represent in the aggregate sub-
stantial sums. Included are live formal types of expenditure, i.e.. Local Parks
and Recreation, Nonhighway Transportation, Correction, Housing and Commun-
ity Redevelopment and General Public Buildings, which will be detailed sep-
arately in subsequent cen.^us publications. (Cited above, see page 7 of Advance
Release No. 8.)
90 REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE"
TABLE XXIV
PER CAPITA TOTAL GENERAL EXPENDITURES BY STATE AND LOCAL
GOVERNMENT COMPARED WITH PER CAPITA PERSONAL
INCOME, 1957, IN 10 SELECTED STATES
Per capita total Per capita Expenditures
state and local personal as a percent of
general expend. income income
California $321.20 $2,523 12.7
Illinois 227.73 2,447 9.3
Indiana 206.75 2,010 10.3
Massacliusetts 292.39 2,335 12.5
Michigan 262.81 2,141 12.3
New Jersey 236.81 2,504 9.5
New York 296.05 2,578 11.5
Ohio 222.91 2,255 9.9
Pennsylvania 196.48 2.112 9.3
Texas 203.81 1,791 11.4
Ten State
Weighted average 253.81 2,306 11.0
IT. S. Total 237.35 2,025 11.7
Source: ''State and Local Government Finances in 195T', 1957 Census of Govern-
ments Advance Release No. 8, Bureau of the Census, Department of Commerce
(Washington, February, 1959).
Finally, in order to provide an overall comparison of expenditures in
toto and in per capita terms for the several states there appear in Table
XXIV above per capita state and local expenditures combined, per
capita personal incomes and in column three, the percentage of per
capita personal income represented by per capita public expenditures.
APPENDIX B
Joint Legislative Budget Committee
California Legislature
Sacramento 14, California, May 12, 1959
Hon. James J. McBride, Chairman
Joint Tax Committee
Sacramento, California
Dear Senator McBride : Pursuant to the request of j'-our committee,
we have made an analysis of the most recent data concerning the effect
which the rising economy might have on income to the General Fund,
and have carefully reviewed revised statistics released within the last
few weeks by official federal sources.
Most of the current indexes are now at a higher rate than was gen-
erally predicted in November and December of 1958 when the revenue
estimates were prepared. The most recent responsible estimate of Gross
National Product to come to our attention was contained in a release
in the Wall Street Journal for April 20, 1959, quoting the President's
Council of Economic Advisors as officially estimating Gross National
Product (annual rate) at $465 billion for the first quarter of 1959. The
same source indicated that it might reach .$485 to $490 billion for the
fourth quarter of 1959. This would indicate a four-quarter 1959 esti-
mate of $476.2 billion in comparison with the basic budget assumption
Avhich estimated Gross National Product at $468 billion.
If the same assumptions as were made in the budget with respect
to the relationship of the Gross National Product to spendable re-
sources, California's share of the national production, and relationship
of this to .state tax revenue yield, are applied to this revised figure,
the additional tax revenue, both from existing and proposed new tax
sources, would be approximately $24,800,000 for the 1959-60 Fiscal
Year.
Although this is a relatively minor adjustment in terms of percent-
ages (1.752 percent increase over the budget estimates), it is, in our
opinion, a significant change which reflects current reappraisal of in-
come statistics in the light of existing business conditions.
It might be noted that business conditions in California as reflected
by certain southern California business statistics issued by the Security
First National Bank of Los Angeles shows a significant increase in the
first three months of 1959. The general business activity index rose
from 199.1 in January, 1959, to 203.3 in March, 1959. Similarly, de-
partment store sales index rose from 156 in January to 163 in March,
and the index of manufacturing employment rose from 192.1 to 196.3.
Total taxable sales in the fourth quarter of 1958 in California were
$5,650,373,000 compared with $5,384,401,000 in the fourth quarter of
1957.
For the country as a \vliole, tlie index of ])roduction of automobiles
rose from 106 in March, 1958, to 163 in March, 1959. These individual
(91)
92
REPORT OF THE JOINT LEGISLATIVE TAX COMMITTEE
factors tend to support the belief that California's revenue source Avill
be strong-ly affected by the rapidly improving state of the economy
For your further niformation we are attaching a copv of a chart
which was included in the 1959 Joint Economic Report "^of the Joint
Economic Committee of the Congress entitled "Potential Gross National
I roduct Compared to Actual 1952-1958, and Assumed for 1959 " The
recovery pattern of 1958 and 1959 can be compared on this chart with
the increases m the economy which took place in 1952-53 and 1954-55.
Sincerely,
A. Alan Post
Legislative Analyst
REPORT OF THE JOINT LFXaSLATIVE TAX COMMITTEE
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CALIFORNIA LEGISLATURE
mm
Tenth Report of the
Senate Fact-Finding Committee
On Un-American Activities
1959
MEMBERS OF THE COMMITTEE
SENATOR NATHAN F. COOMBS, Vice Chairman SENATOR JOHN F. THOMPSON
SENATOR EARL D. DESMOND * SENATOR JOHN F. McCARTHY
SENATOR HUGH M. BURNS, Chairman
R. E. COMBS, Counsel
MARY E. HOPE, Execufive Secretary
Published by the
SENATE
OF THE STATE OF CALIFORNIA
LIEUTENANT GOVERNOR GLENN M. ANDERSON
President of the Senate
HUGH M. BURNS JOSEPH A. BEEK
President pro Tempore Secretary
* Deceased, 1958
Ififc. PajEsrasES'T AXTP ll^T>c'rliE:^rES^ ot tete Restate : TharssmTit to SeTiiit^
R«9dlhilt»0i& X'flL ISi. ^>i-jcih Apy«f»&T? At pftire ?111 '&i lib? Seauit* Joaimal
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AtdaTittks va> ■ ._ aad ti>e fiSllo^nir Merr.:' -^ r.-e Senaat* vere
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TW teoosaiaaatttee fcej^mitfti sanfeiniils a ipe^wrt of its mvesitJi^aoak. "fiind-
K«es|weitiftal3j' ssafenaitteid.
HrTfiH M, B^nKscSs Cha-^/mati
XATrmxx F, OcKMnrBS. Vicf Chei-rmam
J<OHX F, M'cCairtht
J-oiHX F, TisoMT'SCVsr
LETTER OF TRANSMITTAL
Senate Chamber, State CAPiToii
Sacramento, June 19, 1959
Hon. Glenn M. Anderson
President of the Senate, and Gentlemen of the Senate;
Senate Chamber, Sacramento, California
Mr. President and Gentlemen op the Senate : Pursuant to Senate
Resolution No. 132, which appears at page 5111 of the Senate Journal
for June 12, 1957, the Senate Fact-Finding Committee on Un-American
Activities was created and the following Members of the Senate were
appointed to said committee by the Senate Committee on Rules : Senator
Nathan F. Coombs, Senator Earl D. Desmond,* Senator John F. Mc-
Carthy, Senator John F. Thompson, Senator Hugh M. Burns.
The committee herewith submits a report of its investigation, find-
ings, and recommendation.
Respectfully submitted,
Hugh M. Burns, Chaiman
Nathan F. Coombs, Vice Chairman
John F. McCarthy
John F. Thompson
• Deceased, 1958.
(3)
TABLE OF CONTENTS
Page
COMMUNIST ACTIVITIES IN CALIFORNIA 9
Period of Open x\ctivity 9
Commimist Fallout 11
The Soft Hook 12
Infiltration of State Government 16
Political Fronts 18
Communist Political Techniques 21
Independent Progressive Party 27
Current Communist Political Activity in California 30
Strategic Errors Rectified 34
Infiltration of Education 41
Confusion on the Campus 44
Detecting Communist Teachers 50
Can Communists Teach Objectively? 51
The Objective Teaching of Communism 52
Brooklyn College 53
Faculty Questionnaire, Fund for the Republic Study,
April, 1955 59
Professors Refuse to Co-operate with F.B.I 81
Who Runs the State University? 83
Infiltration of Labor 87
The Profintern 89
Revolutionary Situation 91
World Federation of Trade Unions 94
Phillip M. Connelly 98
Public Utilities 99
Statement by George Meany 104
Infiltration of the Motion Picture Industry 109
The Red Blacklist 114
Infiltration of the Professions 117
The Medical Profession 117
The Legal Profession 120
Red Legal Aid in California 123
National Lawyers Guild 126
Communist Front Organizations 135
The Attorney General's List 138
The Communist Book Stores 146
The Party Goes Underground 148
Underground, But Not Deep Enough 154
The Vassiliev Document 156
Infiltration of Federal Government 171
Current Communist Techniques 178
Petition for Communist School 184
Communism and the Law 187
The Supreme Court 187
The Law Clerks 199
Hancock v. Burns 203
The Liquidators 206
The Intimidation of Virginia Hedges 213
INDEX 221
(5)
Copies of previous Un-Ameri-
can Activities Reports may be
available in California Public
Libraries.
(7)
COMMUNIST ACTIVITIES IN CALIFORNIA
PERIOD OF OPEN ACTIVITY
Several years ago this cornmittee received a crate of documents from
an anonymous source. The papers were of such a nature that they
were readily identified and authenticated as the records of a top-flight
little group of Communists who were operating the party's cultural
and political apparatus in southern California. They contained hun-
dreds of names, both those of Communists and sympathizers who could
be safely contacted. There were files of correspondence, the member-
ship and mailing lists of front organizations, and minutes of Commu-
nist meetings.
We were especially interested in the minutes of a strategy meeting
by five Communists, because they were discussing us, and agreed that
the committee could never have accomplished the work of the past two
years unless it had at least a quarter of a million dollars in addition
to the sum appropriated to it by the Legislature.
Their statement, however flattering, was not so significant as the
long-range strategy disclosed for future Communist activity on a
statewide basis. The party was to concentrate on infiltration of politics,
education, and trade unions, and was to do so as openly as possible.
Aside from the fact that unforeseen circumstances have made it ex-
pedient for these plans to be conducted largely from underground posi-
tions, the program set forth in these documents has been meticulously
followed.
This windfall of highly secret documents came from the Communist
Party to the committee in a rather curious manner. Someone had dis-
covered that the party intended to move several packing cases and filing
cabinets of documents from one location to another. The transportation
was to be done late at night by truck and the details concerning the ar-
rangements were supposed to be known to a very limited few. Neverthe-
less, as one of the trucks containing the most critical filing cabinet
started on its way from the old location to the new one, it rolled over a
deep rut and that particular packing case was jarred off the truck and
fell into the street. It so happened that an individual friendly to the
committee was standing nearby and apparently had some inkling as to
what was transpiring. lie secured the documents and presented them
to the committee.
At that time there was considerable Communist activity at the Uni-
versity of California in Los Angeles, and there had also been a good
deal of activity among ^vriters connected with the motion picture in-
dustry. At the university during 1943 a function was held called the
Writers' Congress, which we have described in detail in an earlier re-
(»)
COMMUNIST ACTIVITIES IN CALIFORNIA
PERIOD OF OPEN ACTIVITY
Several years ago this committee received a crate of documents from
an anonymous source. The papers were of such a nature that they
were readily identified and authenticated as the records of a top-flight
little group of Communists who were operating the party's cultural
and political apparatus in southern California. They contained hun-
dreds of names, both those of Communists and sympathizers who could
be safely contacted. There were files of correspondence, the member-
ship and mailing lists of front organizations, and minutes of Commu-
nist meetings.
We were especially interested in the minutes of a strategy meeting
by five Communists, because they were discussing us, and agreed that
the committee could never have accomplished the work of the past two
years unless it had at least a quarter of a million dollars in addition
to the sum appropriated to it by the Legislature.
Their statement, however flattering, was not so significant as the
long-range strategy disclosed for future Communist activity on a
statewide basis. The party was to concentrate on infiltration of politics,
education, and trade unions, and was to do so as openly as possible.
Aside from the fact that unforeseen circumstances have made it ex-
pedient for these plans to be conducted largely from underground posi-
tions, the program set forth in these documents has been meticulously
followed.
This windfall of highly secret documents came from the Communist
Party to the committee in a rather curious manner. Someone had dis-
covered that the party intended to move several packing cases and filing
cabinets of documents from one location to another. The transportation
was to be done late at night by truck and the details concerning the ar-
rangements were supposed to be known to a very limited few. Neverthe-
less, as one of the trucks containing the most critical filing cabinet
started on its way from the old location to the new one, it rolled over a
deep rut and that particular packing case was jarred off the truck and
fell into the street. It so happened that an individual friendly to the
committee was standing nearby and apparently had some inkling as to
what was transpiring. He secured the documents and presented them
to the committee.
At that time there was considerable Communist activity at the Uni-
versity of California in Los Angeles, and there had also been a good
deal of activity among writers connected with the motion picture in-
dustry. At the university during 1943 a function was held called the
Writers' Congress, which we have described in detail in an earlier re-
(9)
10 UN-AMERICAN ACTIVITIES IN CALIFORNIA
port. This function was participated in by the Hollywood Writers'
Mobilization, also exposed by the committee as a Communist-dominated
organization. ]\lauy of the names mentioned in the documents that came
to the committee's attention in the manner described above were those
of faculty members of the university, students attending that institu-
ion, and prominent members of the Hollywood Screen Writers' Guild.
The committee had been exceedingly active in investigating the
university and the Hollywood Writers' Mobilization, as well as various
Communist front organizations that functioned throughout the south-
ern part of the State from 1941 through 1945. A great many public
hearings had been held at which Communist functionaries, officials of
front organizations, faculty members from U. C. L. A., faculty members
from the Communist school in Los Angeles, teachers in the Los Angeles
City School System, and people who were working in the motion picture
industry were all subpoenaed and questioned at great length.
We cite these matters to illustrate that from 1939 through 1955,
Communist activity in the United States, and particularly in New
York and California, was brazen, open, impertinent, and publicly
flaunted for all to see. There were demonstrations in public offices and
picket lines in front of public buildings. There were student demonstra-
tions on the campuses and at the front gates of various universities
throughout the State. There were party line pamphlets and reams of
propaganda emitted by hosts of Communist front organizations that
were flourishing from one end of the State to the other. There were
motor caravans that advanced on the State Capital during sessions of
the Legislature; there were open letters, public demonstrations of all
sorts, and great strikes such as those at North American Aviation Com-
panj' and Warner Brothers studio, led by Communists who disdained
to conceal their open participation in these tiny revolutions and tests of
the class conflict. It was, indeed, an era of open Communist Party
activity in this State, and the committee reacted by holding many open
hearings and amassing great A'olumes of testimony.
Since 1955 all of this has changed. There is no longer this defiant
and brazen activitj' on the part of the Communists in this State. On the
contrary, thej^ have retreated by plan to carefully prepared positions
and have insinuated their unknown members into strategic positions
throughout our governmental and social structure. The front organiza-
tions formerly so useful to the party have now been abandoned, with
very few exceptions. Consequently, the state committee has held fewer
hearings and devised new techniques to meet the new challenge posed
by this abrupt change in Communist Party operational techniques.
This trimsition from open to underground activity was under-
taken because of excellent and logical reasons, all of which will be
explained in detail hereafter. The party is working more feverishly than
ever before, and we will show later in this report how successful the new
technique has been when we reproduce statements from the Communist
Party itsjlf taking credit for some of the most momentous changes
UN-AMERICAN ACTIVITIES IN CALIFORNIA 11
wrought for the protection of subversive elements in our country since
the Communist Party began operating in the United States in 1919.
It is unfortunately true that too many people are inclined to gauge
the success of the various governmental agencies investigating subver-
sive activities by the amount of sensational headlines those investiga-
tions produce. During the early years of Communist activity pub-
licity was necessary in order to combat the subversive menace and
to break through public apathy and misunderstanding as to the real
nature of the problem. That time has now passed. Much of the old
apathy remains, but it is still no longer necessary to convince the
average American citizen that Communism is indeed subversive, that
the American Communist Party and every one of its members are
subject to the complete disciplinary control of the Soviet Union, that
the party is the great reservoir from which espionage agents are
recruited for international Communism, and that the Communist Party
is determined, at any cost, to destroy all non-Communist governments
throughout the world and to establish in their place a world Communist
dictatorship.
A great many uninformed individuals have a tendency to believe that
since the Communist Party of the United States has recently shrunk in
membership to an all-time low, that the Communist menace is now a
thing of the past; that all committees should be disbanded, the F.B.I.
should be emasculated, and that we should all return to our business of
making the most of our political and economic opportunities. This naive
attitude and this incredible ignorance concerning the Communist
menace is international Communism's greatest weapon against us. Ex-
perts in the anti-Communist field have told us over and over again, that
it is not the number of Communists about which we have to worry so
much, it is the incredible facility with which they insinuate themselves
into strategic positions from which they exercise a control far dispropor-
tionate to their numerical strength. At the height of its success the
Communist Party of the United States comprised approximately
100,000 members ; in 1943, there were about 3,000 known members in
Los Angeles County alone. After considering all of the reliable sources
available to it, this committee is convinced that the national strength of
the Communist Party at the present time is between 15,000 and 20,000.
Communist Fallout
Let us, at this point, indicate a matter that has never been discussed
before in this country, insofar as we are aware, but that has been
mentioned briefly by a British writer, Mr. Colm Brogan, in an article
which he entitled, "Beware the Bx-Communist. " Every Communist
Party in the world, with the exception of the party in the Soviet Union
and those which lie behind the Iron Curtain, has an enormous member-
ship turnover every year. Those members who climb to positions of
authority or who are recruited for espionage purposes are not suffered
to leave without a terrific struggle. But the rank and file members
are continually coming in and out of the party organization. They
12 UN-AMERICAN ACTIVITIES IN CALIFORNIA
do not, however, appear before any governmental body, confess the
error of their ways, explain the matters that led up to their disillusion-
ment and disaffection, and give their country or their state the benefit
of their knowledge concerning a conspiratorial and subversive effort
to gnaw away at the foundations of those governments. On the con-
trary, the ex-Communist usually leaves the party because he is mad at
some superior functionary, because he is unhappy at an assignment
that is distasteful to him, or because he disagrees with the current
Communist Party line. After 18 years experience in this work, your
committee is absolutely convinced that the overwhelming majority of
rank and file Communists who leave the party are prompted to do so
because in their opinion it is not strong enough and is not taking
enough emphatic action in its unceasing efforts to subvert and destroy
the State and nation. These ex-members are still Marxists, they are still
Communists, and they have a peculiar choice of freedom as they are
no longer bound by the inexorable ties of party discipline and the cur-
rent Communist Party line.
On several occasions the committee has subpoenaed these former
members only to find that they are more defiant than ever, more
determined to show their old comrades that they are steeled fighters
in the world class struggle ; and we have even convicted them and sent
them to jail, where they proudly served a term of 30 or 60 days and
emerged more dedicated and more fanatic than before — proudly wear-
ing the martyr's badge as a symbol of their Marxian determination
and zeal.
During every normal year the American Communist Party has lost
approximately 25 percent of its total membership for one reason or
another. Most of the turnover is due to disaffection on the part of rank
and file members as already stated, but there is also swift disciplinary
action for the untrustworthy, the recalcitrant, the dissident, the trouble-
maker— those who stray from the path of rectitude and fail to toe the
mark demanded by rigid party discipline. By this we can easily see
what an enormous re&,ervoir of former Communists has been created
since the founding of the party in 1919, and we then realize that the
Communist Party has a poisonous fallout of its own which is constantly
increasing and which poses a far more deadly threat to our American
way of life than the fallout that is emitted by the nuclear experiments
which the Communist Party is so determined shall be stopped.
The Soft Hook :^
The Communist Party shifted its activities into high gear approxi-
mately 35 years ago and it should now be quite plain that a great many
individuals who commenced as rank and file party members have since
achieved such positions of strategic importance and prominence, both
to themselves and to the Communist cause, that they resigned from the
party to protect themselves in their exalted positions and to further
the cause of world Communism by posing as sincere liberals. It is
UN-AMERICAN ACTIVITIES IN CALIFORNIA 13
ironically true that a great many of these former Communists became
honestly disillusioned with the party and sought to sever the last vestige
of connection with it. They were suffered to do this by the Communist
functionaries until the time came when their services were necessary
for the cause. At that time it was quite a simple matter to remind these
unfortunate hostages that the party still retained indisputable evidence
of their former membership, and now that the individual was happily
married, had several children, was secure in a remunerative and influ-
ential position, he could easily be destroyed if his former afliliation was
disclosed. The usual technique is referred to by the Communist Party
as getting the victim on "the soft hook." He would be asked to perform
some trivial service for the party, such as permitting a party secretary
to be employed in his office so that she could take his telephone calls,
open his mail, arrange his appointments, monitor his speaking engage-
ments, and channel her fund of strategic information into the right
places. Once this had been done, the hook sank deeper and deeper.
Finally, he would become so hopelessly enmeshed in party activities
against his will that a complete break appeared to him utterly impossi-
ble without sacrificing his career, his position, his friends, and even
risking the alienation of his family.
We have referred to this technique time and again in previous re-
ports, and those who believe the Communist Party incapable of such
unethical and immoral conduct are incredibly naive. Let us analyze a
hypothetical case, but one which is predicated solidly on documentary
evidence in the committee's files. Universities have been and always
will be a principal target for Communist colonization and infiltration
because they deal with impressionable young students studying to be
lawyers, doctors, engineers, nurses, social workers, teachers, and to
occupy other positions of leadership and prestige. Let us, therefore, use
a mythical university as the scene for our hypothetical case.
Suppose we take the case of a student who is preparing himself to
be a teacher of, say, economics. Naturally brilliant and hard working,
this young man soon made an enviable reputation as a scholar. He
graduated with honors in the midst of a severe depression but found
work with one of the many agencies of the Federal Government, the
National Economic Commission on Migratory Workers. Here he was
surrounded by Communists, and soon discovered that unless he went
along with the party program he would be out of a job. Every
morning copies of the Daily Worker, the People's World and the
propaganda pamphlets of the State, County and Municipal Workers
of America and the United Federal Workers of America were scattered
around the office, and the anti-Communists were ruthlessly eliminated
regardless of their abilities, while those who remained neutral and
passive were relegated to the more unimportant positions with no
prospects of advancement. It eventually became evident that even the
head of the agency in Washington was a Communist Party member,
or at least an ardent fellow-traveler, so brazen were the activities of
his employees.
14 UN-AMERICAN ACTIVITIES IN CALIFORNIA
Working in intimate association with party members, in an atmos-
phere where Communism somehow appeared to be fashionable, and
where only Communists were rapidly advanced and accepted by the
leadership, our young student was easily pursuaded to become a party
member. He joined, not so much because of his ideological convictions
but more as an expedient to hold his job under adverse circumstances
and to further himself as much as possible. Thereafter he worked for
one federal agency after another, his promotions came easily, and
his circle of close association with leading Communists became ever
wider. With a few he even formed genuine friendships, but after the
war was over and the depression ended he lost interest in party affairs
and went back to the university as a graduate student. He took his
doctorate, secured a faculty position and settled down to achieve promi-
nence in his field. Success came rapidly and he married, began to raise
a family, took an active interest in university politics and the same
qualities that had served him so well as an undergraduate, and as a
federal employee, and as a professor, now made him an influential
member of the academic world. He was a member of powerful commit-
tees through which new faculty members were being selected, and
through which the university affairs were conducted.
It was at this point that one of his old comrades came to see him
and asked him to do a little service for the party, first congratulating
him on his fine family and his success at the university. There were no
threats, no promises; none were necessary. Here was a chance to make
a clean break but there would be an enormous price to pay. There were
his wife and children, his colleagues, his job ; everything he had worked
for placed in sudden jeopardy. And it was really such a little favor,
after all — merely to use a certain secretary who was already a capable
university employee. She needed a better job, so his old friend said, and
the party wanted to do something for her. In the end she got the job,
and the barb of the soft hook was sunk fast. The new secretary began
suggesting the names of applicants for faculty positions that would be
acceptable to the party and insisted that others be rejected. Every
evidence of resistance on the part of her employer met with hints of
disclosure of his past.
As the years went by more secretaries were placed ; faculty members
in favor with the party were appointed to the most important com-
mittees, and were somehow enabled to rise rapidly in their several
departments. The university had been awarded several vital and highly
secret research projects for the Federal Government, and these in par-
ticular seemed peculiarly attractive to several of the relatively new
members of the faculty and to some clerical workers who had been
recommended by the party through its campus contacts. No amount
of security screening could possibly prove them to be anything but
extremely progressive as they had no documentable records of subver-
sive affiliation or activity. That, of course, is why they were so carefully
selected and why they were so useful.
UN-AMERICAN ACTIVITIES IN CALIFORNIA 15
Eventually our mythical university came to be run by its academic
committees instead of by its board of trustees. Most of the trustees in
institutions of this type are appointed beeause of their wealth and
prestige and are never expected to actually supervise the running of
the university anyway. Therefore it was quite simple for this vacuum
to be filled by the faculty, and for it to take over and operate the
institution by a complicated system of committees. Inevitably, the com-
mittees that exercised the most authority were composed of the most
radically "liberal" professors, "manic-progressives," as Mr. David
Borofif calls them. Thus was created a tightly-controlled clique of elite
professors whose influence was far greater than one might expect. And
how were they manipulated into these positions, and by whom were
they controlled 1 Why, by a tiny, hard core of Communist functionaries
who made a tool of a former party member by patiently waiting and
watching until he reached a position of importance and had a family,
aud then they used the "soft hook" technique to blackmail him into
total obedience.
And this, in brief, is how a few amoral Communist professionals can
control a university, a labor union, and many other large and predomi-
nately non-Communist organizations. Does this seem a bit too lurid and
sensational? Too farfetched? Too melodramatic? We can only repeat
that while wholly hypothetical, it is based on solid evidence in the com-
mittee's possession. The Alberts case, the Laura Law case, the Hudson
case, and the Abrams case seemed far more incredible until they were
proven to be Communist murders; three of them in California.
Bearing in mind that in 1937 there were at least 3,000 Communists
in Los Angeles County, that New York has always had a larger mem-
bership than California, and that the alltime high for the United
States was some 100,000 party members, we may quite safely put
the average number of persons subject to party discipline at 20,000
per year. And if there has been a membership turnover of approxi-
mately 25 percent, this would mean a 35-year reservoir constantly
being supplied with ex-Communists.
Experience has demonstrated beyond all doubt that an extremely
small percentage of these former Communists really sever their alle-
giance to the cause. As Mr. Brogan, British journalist, puts it:
"When a man submits to some years of discipline and indoctri-
nation, Communism does something to him, and it cannot be un-
done unless the man himself makes a painful and total reappraisal,
not only of his political beliefs, but also of his whole approach to
life. The men who leave the Party over a personal quarrel, a dis-
pute over some particular issue, or for reasons of their own per-
sonal convenience, are quite unlikely to make this reappraisal. Yet
these are the great majority of those who do leave. Ideologically,
they are still more or less on call. ' ' ^
"Beware the Ex-Communist," by Colm Brogan. American Opinion^ Nov.. 1958, Vol.
1, No. 9, page 10.
16 UN-AMERICAN ACTIVITIES IN CALIFORNIA
We have seen how the Communist Party of the United States during
its 35 years of activity has left a poisonous fallout of former members,
virtually none of whom have completely broken away from their old
ideological ties and their dreams of a world Communist government.
In addition, there is also a group of highly dedicated and specially
trained individuals who comprise what is known in party parlance as
the "sleeper apparatus." These individuals make regular payments of
Communist Party dues in the normal manner, have never been per-
mitted to attend party meetings, are instructed to pose an anti-
Communist conservatives, and to insinuate themselves into the most
strategic possible positions and lie dormant until such time as they are
able to exert their influence for the party's benefit in a time of critical
need. It is not appropriate at this place to mention the names and
positions occupied by some of these people, but such a list will be given
and supported by documentary evidence at a subsequent place in this
report. There has always been a iair\y large underground apparatus
of the Communist Party — leaving on the surface for public view a
propaganda machinery such as newspapers and magazines, the media
through which these are disseminated such as the bookstores in San
Francisco and Los Angeles, the Communist Party recruiting centers
and educational institutions, such as the California Labor School in
San Francisco and Los Angeles, and a smattering of Communist fronts
that are used to attract the unwary non-Communist liberals and imbue
them with the necessity for supporting the Communist Party line and
possibly to recruit some of them as party members.
During the period that we are now discussing, the period of open
Communist activity, the underground was relatively small and that
portion of the party functioning above ground relatively large. As we
shall see later, in 1955 and 1956 the entire Communist Party apparatus
was submerged except for a tiny fragment that was left to operate the
newspapers and the monthly ideologically magazine published by the
National Committee of the Communist Party of the United States.
INFILTRATION OF STATE GOVERNMENT
The Communist Party of California has made two efforts to infiltrate
the political structure of the State and exercise a profound influence
on its government. The first of these efforts occured during 1938 and
was carried through the election of 1940 ; the second effort occured in
1948 and was carried through the elections of 1950. Whether or not
the party made a similar effort in 1958 remains to be seen. There is
considerable pursuasive evidence to the effect that such an effort has
already been made and will be intensified during 1959.
By the mid-thirties the Communist Party all over the United States
was beginning to feel its strength. This was largely because its activity
was not impeded to any appreciable degree, and no adequate intelli-
gence work had been done for the purpose of collecting reliable infor-
mation concering the identities of the leaders, the nature of the physical
UN-AMERICAN ACTIVITIES IN CALIFORNIA 17
organization of the party, an analysis of its techniques and familiarity
with its ideological background and its propaganda. Consequently, with
the meeting of the Seventh World Congress of the Communist Inter-
national in Moscow in 1935, and the institution of the so-called "United
Front" tactic, each of the foreign Communist parties was ordered
to discontinue its practice of functioning alone and independently and
to adopt a program of subtly boring into all mass organizations for
the purpose of switching them into conformity with current party line.
In December, 1936, the Communist Party of California ordered its
Political Commission to create a People's Legislative Conference,
through which the trade unions, churches, peace groups, farmers organi-
zations and the EPIC movement could be consolidated. There were 17
Communists appointed to this commission and they immediately opened
offices in San Francisco and Los Angeles. They observed the new
ground rules by manipulating several well-known non-Communist pro-
gressives into the new front organization as officers, and over their
signatures a call was issued for a meeting to be held in Sacramento on
January 16, 1937. More than 200 organizations were represented and
the People's Legislative Conference was under way. The Communists
carefully placed their own members in obscure but powerful jobs to
keep activity under control, this responsibility being entrusted to five
highly trained persons.
During the 1937 session of the Legislature 90 bills, all drafted by
the Professional Section of the Communist Party in San Francisco,
were presented by a group of Assemblymen who were organized by
their Communist contact for this very purpose. The inauguration of
this Legislative Conference was only the preliminary step. The party
had perfected a much more elaborate and far-reaching plan. It wanted
to inaugurate a California Labor 's Nonpartisan League ; to send mem-
bers into the Democratic and Kepublican Parties; to replace conserva-
tive and middle-of-the-road Legislators with more liberal candidates
and thus to write the laws, elect the executives — in short, to capture
political control of the State. The plan almost succeeded, as we shall
see.
On April 19, 1937, under the auspices of the San Francisco Central
Labor Council, a mass meeting was held. Non-Communist labor leaders
advocated formation of a nonpartisan league but the project got out
of control and soon collapsed. But Communists do not give up so
easily, and it was decided to have the People's Legislative Conference
declared an affiliate of the league. Preparations were accordingly made,
a meeting of 300 delegates convened at Santa Maria on June 20, 1937,
and it was announced that henceforth the People's Legislative Con-
ference would be known as Labor's Nonpartisan League in California.
New officers were elected and while only one was a Communist, he was
the secretary-treasurer and wielded enormous influence. In order to
insure that there would be no possibility in losing control, however, a
18 UN-AMERICAN ACTIVITIES IN CALIFORNIA
majority of the members of the State Executive Committee were under
complete control of the Communist Party apparatus.
The drive to infiltrate and control the Democratic Party, in par-
ticular, was to be accomplished through a specially organized spearhead
of seven members of the Legislature and two co-ordinators. By Septem-
ber, 1937, the new machinery was working smoothly and thus in less
than a year the Communist Partj' of California had employed a group
of politically ambitious liberals as tools in erecting a powerful political
machine completely under Communist control. An organizing conven-
tion was held in San Francisco on December 11, and 12, 1937, and the
first part of the operation was completed. The second phase consisted
in the capture of the Democratic Party, if possible, and the planting
of a powerful Communist nucleus in the Republican Party.
Labor 's Nonpartisan League effectiA'ely consolidated the labor vote ;
it now remained to bring together the non-labor liberals and progres-
sives. Accordingly, a second organization was formed, the California
Committee of One Hundred for Political Unity. It eventually became
the California Committee for Political Unity, directed by a Communist
fraction of 14 people, each an experienced, tough, reliable party
member.
Much of the foregoing information is taken from reports of infor-
mants who actually operated at high levels and in positions of authority
in the organizations heretofore mentioned ; their evidence has been care-
fully checked and corroborated, and in addition, the committee has
taken considerable information from a book by Robert E. Burke,
Olson's New Deal for California, University of California Press,
Berkeley, California, 1953, as well as the testimony of the Secretary of
the Communist Party of Los Angeles County, Jack Moore, and various
Communist Party publications. The committee also referred to The Pol-
itics of California, by David Farrelly and Ivan Ilinderaker, Ronald
Press Compan}^, New York, 1951, and various documents and records of
the United Organizations for Progressive Political Action, Labor's
Nonpartisan League, Statewide Legislative Conference, and other
organizations.
One of the informant's reports concluded, "It is clear that in 1937
and 1938, the Communist Party in California transformed its tradi-
tional methods and forms of political work in accord with its United
Front tactics. Statements made by William Z. Foster and Earl Browder
indicate that the Communist Party intends to further develop its
political activities so that it may play a decisive role in the 1940
elections. ' '
Political Fronts
And this informant could not have predicted more accurately. Los
Angeles County, with its enormous voting population, had been care-
fully cultivated. As a matter of fact, the Communists had, in 1935,
created the United Organizations for Progressive Political Action with
UN-AMERICAN ACTIVITIES IN CALIFORNIA 19
35 constituent members. Meetings were held weeklj^ in cafes and restau-
rants in the city, and by 1936 more than 70 organizations had been
drawn into the UOPPA — all very progressive. Its organ, the United
Progressive Neivs, was published from 416 Bank of America Building,
Second and Spring Streets, Los Angeles, by a staff of seven — all Com-
munist Party members. United Organizations for Progressive Political
Action tested its strength in organizing the campaign to recall Governor
Merriam. This provided an excuse for obtaining the names and ad-
dresses of people who were sufficiently opposed to conservative politics
and to the alleged reactionary policies of the Governor to sign recall
petitions. This is an old Communist trick and was employed with aston-
ishing success in 1932 and 1934 when petitions were circulated for the
ostensible purpose of winning the Communist Party a place on the
primary ballot in Los Angeles, and again by the Independent Pro-
gressive Party in 1948 to qualify that organization to participate in the
statewide election. The real purpose of this device, however, consisted
of obtaining thousands of names of liberal and progressive individuals
from which to recruit new members for the party, or at least to enlist
as many of them as possible as ardent fellow travelers and supporters
of the Communist Party line. By June 23, 1936, UOPPA had endorsed
a slate of 7 candidates for Congress, 19 for the State Assembly and 11
for the Judiciary.
The Communist Party Political Commission usually held its meetings
at 3989 Denker Avenue in Los Angeles, and later met in various houses
and downtown restaurants. A former member of the commission told
our committee under oath:
"That our commission discussed ways and means of influencing
various prominent persons in the Democratic Party — I recall in
particular (name omitted) — and frankly discussed the past record,
weaknesses and stupidities of such persons with a view toward
controlling them; one of the tactics most frequently planned as a
method of controlling a political figure was to invite him to a
Communist Party fraction meeting, planning on revealing to him
after he had been lured into the meeting, that he was sitting in
an 'open' fraction meeting, and giving him to understand that
this fact would be used against him unless he did the bidding of
the Communist Party;
"At that time I realized that few Americans who had been
reared to believe the best in their fellow man could withstand such
Machiavellian cynicism in politics, and realized full well that such
scheming, unprincipled political manipulators would be very
successful in politics ; at that moment I realized the true meaning
of Georgi Dimitrov's 'popular front' speech; he meant that the
Communists could accomplish more by devioas indirection than
they would by standing on a soap box and shouting revolution, as
they had in the past; but by that time I also realized that there
was no hope of finding honesty or frankness within the Communist
20 UN-AMERICAN ACTIVITIES IN CALIFORNIA
Party; heretofore I had put down much of the things with which
I was dissatisfied to 'lack of development' and to the 'wrong inter-
pretation of the Communist Party line;' now I knew that the
higher one went, the worse the corruption;
"That the fates of many political figures were decided at meet-
ings of the aforesaid commission, in view of the fact that the Young
Democrats, the CIO, a large bloc of the motion picture colony, as
well as the Democratic Partj^ itself, could be manipulated by these
Communist schemers; our Commission had the facilities to reach
everyone of the supposed 3,000 Communist Party members in Los
Angeles County with the directives — 'musts' — and these individu-
als, in turn, because each one of them was as active or more so
than myself, influential in several organizations, could multiply
his influence by several hundreds ; thus our Los Angeles County
Political Commission of the Communist Party was determining a
large part of the policies of Los Angeles City and County and the
State of California."
In discussing the techniques that were emplo^-ed to utilize non-
Communists and the various Communist front organizations, the state-
ment continued :
"Individuals who were 'liberal' mereh^ because of their human-
itarian impulses could be brought under the Communist Party
political influence through such organizations as the United China
Relief and the Friends of the Abraham Lincoln Brigade; the
Jewish people could be influenced through their hatred of Nazis,
through the Hollywood Anti-Nazi League ; that Mexicans could be
influenced through the Spanish Speaking People 's Congress ; that
Negroes could be influenced through the National Negro Congress,
and the Japanese- American voters through the publication Dolio ;
women, especially housewives, could be reached through the League
of Women Shoppers ; and so on, to say nothing of the 21-year-old
youths which the Communist Party tried to reach through its
Youth Assemblies, which later became the California Youth Legis-
lature, member of the national Communist-controlled American
Youth Congress; I know from Communist literature and official
Communist statements that all of the foregoing organizations were
at that time controlled by the Communist Party ;
"That we discussed some briefly, some at length, the role, in
relation to Communist Party program, of the Los Angeles News-
paper Guild, the National Lawyers Guild, the Screen Writers
Guild, the Screen Actors Guild, the Screen Directors Guild, the
Teacher's Union, the International Alliance of Theatrical and
Stage Employees Progressive Conference * * * ; the CIO Council ;
the Musicians' Union; the Culinary Workers Union, as well as the
Workers Alliance and the new-born Communist co-ordinating body
for WPA, the Arts Unions Council;
UN-AMERICAN ACTIVITIES IN CALIFORNIA 21
"That those were our implements; our methods were described
previously as basely cynical; the coating of idealism which was
wrapped around the Communist Party plans when they were
handed down to the more tender comrades with whom I had pre-
viously associated was now left off ; without so much as a reference
to the Communist 'enabling act,' that is, Lenin's statement that
'the end justifies the means,' this commission plunged into the
California political field to build a secret, camouflaged, efficient
political machine;
"That we probably had less than a thousand active Communist
cadres (the Communist Party term to indicate a human unit,
which is a 'thing,' not a being, in Communist thought) in the
entire Southern California area who were adept enough in par-
liamentary tricks, smooth enough to camouflage the Communist
Party line, daring enough to face and bluff out attacks, cynical
enough to proceed on orders without idealistic justification, and
who were tied, hand, brain and hide, to the Communist Party.
We had to juggle them around, give each many roles to play,
co-ordinate all work in order to make the Communist Party cam-
ouflage machine sound like a million volts. It required more than
training, or even long experience, and even the cleverest and the
slipperiest of American type political maneuvering. We had
access to, and drew from, the Communist Party's Asiatic form of
intrigue ; the use of teamwork and a combination of brazen affront-
ery and sly-psychological tricks * * * " 2
Communist Political Techniques
On February 6 and 7, 1937, a citywide conference was held in the
Angelus Hotel, at Fourth and Spring Streets sponsored by a division
of UOPPA, called the Youth Federation for United Political Action,
Thirty-six sponsoring organizations sent delegates and 21 adult ad-
visors; four of the observers were mature members of the Young Com-
munist League, although there was very little for them to do as the
affair was completely under Communist control from its inception.
Shortly before the Los Angeles City elections in the spring of 1937,
a flood of propaganda gushed from the UOPPA office — postal ballots,
sample polls, straw votes and lists of candidates endorsed by the or-
ganization. By this time the party, its friends, its network of front
groups, its press, and its legion of fellow travelers, had become most
active. If the Political Commission was successful in the municipal
campaign, the apparatus could readily be expanded and shifted into
an even higher gear for the 1938 state elections. Already the ground-
work had been prepared, the situation seemed made to order for Com-
munist Party strategy and the time was ripe to follow the direction of
the Communist International and apply the tactic of the United Front.
2 Affidavit of Rena Marie Vale, former member of the Communist Party Political
Commission, November 23, 1942.
22 UX-AMERICAX ACTIVITIES EN' CALIFORNIA
The Communists had already managed to slip many of its members
into the Republican administration of Governor Merriam. and concen-
trated them in the State Relief Administration. This provided an ideal
medium through which they were brought into close contact with ap-
plicants for relief, and afforded an excellent opportunity for the in-
doctrination and recruiting of a great mass of maladjusted and embit-
tered people. Already the party had singled out Governor Merriam
as a ST^Tnbol of reaction, and clamored for his recall and defeat.
Party propagandists mobilized to urge the election of a liberal admin-
istration and hoped to send more of its members to help the newly-
elected officials spread the new ''progressive" way of life throughout
the State. It is hardly necessary to point out, as indeed the Communists
have frankly admitted, that both major political parties have always
been subject to infiltration — the obvious strategy* being to "help" with
every major campaign in the hope of manipulating undercover Com-
munists into positions of political influence or other strategic impor-
tance to the party.
By March, 1937, the activity that preceded the Los Angeles City
election had reached such a pitch that UOPPA moved to larger quar-
ters in the Spring Arcade Building at 541 South Spring Street, and
augmented its staff considerably. Not all of its candidates were elected
in the spring of 1937, but enough success was achieved to encourage
the Communist Political Commission to give its approval for an ex-
tended participation in an all-out effort in the state election of 1938.
TVhile the United Organizations for Progressive Political Action was
the pivot around which the Los Angeles municipal elections turned,
so was Labor's Xon-Partisan League the strategic center for the state
election of 1938. At Santa Maria, on June 20, 1937, 300 delegates met
to discuss the further activities of the People's Legislative Conference.
Once again the Communist Party fraction which completely dominated
the organization kept well in the background and arranged to have a
large majority of non-Communists take the floor. The real purpose of
the Santa ^Maria conference was to have the delegates pass a resolution
authorizing the executive committee of the California People's Legis-
lative Conference to "make formal application as soon as such applica-
tion is possible on behalf of the conference for affiliation to Labor's
Non-Partisan League." Already the Communist Party fraction had
been in correspondence with the officers of the Labor's Non-Partisan
League and it was agreed that the quickest way to firmly establish the
league in California was to have it absorb the People's Legislative Con-
ference. The party fraction also had in mind that if this plan was
successfully accomplished, the Communist Party would continue to
dominate the organization regardless of its name. In further prepara-
tion for party control when the conference would become Labor's Non-
Partisan League, new officers were elected as was a new State Executive
Committee of 28 persons. With one exception, all of the officers were
non-Communists. The party felt, however, that the nominees would
continue their co-operation, but as an additional precaution a large
UN-AMERICAN ACTIVITIES IN CALIFORNIA 23
majority of the State Executive Committee were Communist Party
members.
The miiuitos and rcjiort of Labor's Noii-Partisaii Lcaj^ne, on the
occasion of its California state convention, held in San Francisco, on
December 11 and 12, 1937, indicate how completely the Commimist
Party controlled every activity of the oroanization. The credentials
committee of six included five members of the Communist Party, and
after a motion had been adopted that only delegates from the A. F.
of L., the C. I. 0., the Railway Brotherhoods and other branches of
Labor's Non-Partisan League could be seated at the convention, on a
subsequent recommendation of the credentials committee and the ap-
proval of the convention, the delegates from the Workers Alliance and
the National Negro Congress were also seated. Both of these organiza-
tions were dominated by the Communist Party. The organization report
on the structure of Labor's Non-Partisan League was given by its state
secretary, Herbert Resner, a party member. Wyndham Mortimer,
International Vice-President of the United Automobile Workers of
America, and a member of the Central Committee of the Communist
Party, and Louis Goldblatt, assistant C. I. 0. Regional Director, and
also a Communist, were given the floor and in detail outlined a policy
regarding Labor's Non-Partisan League which, needless to say, fully
represented the Communist Party position. Thus, for the first time in
California, the Communist Party, through its control of this and other
organizations, was in a position to exercise a predominant voice in a
general state election, and it became equally clear that in 1937 and
1938 the party in California transformed its traditional methods in
the form of political work in strict accordance with the new tactic of
the United Front promulgated by the Secretary of the Communist
International at the Seventh World Congress of that body held in the
Soviet Union. Statements made by William Z. Foster and Earl Browder
indicated that the Communist Party intended to further develop its
political activities so that it could play a decisive role in the political
affairs of the State.
The Communist Party achieved a greater success in the state election
of 1938 than it did in the Los Angeles municipal election in the pre-
ceding year. It had endorsed the successful candidates for Governor,
Lieutenant Governor and several members of both houses of the
Legislature. Even before the election, arrangements had been made
for the placement of Communists and fellow travelers in positions con-
trolled by political patronage, and while jobs were parceled out to
carefully selected people so that the liberals and progressives supported
by the party would replace conservatives, anti-Communists and neu-
trals in the key positions of government, there were far from enough
positions to go around. It was only natural that the most important
positions be filled with relatively conservative men who figured most
prominently in the open conduct of the campaign, but tlie Communists
were not interested in these posts; they concentrated on office staffs,
executive secretaries and, most vital of all, those departments of
24 UN-AMERICAN ACTIVITIES IN CALIFORNIA
'government through which they could contact masses of people: the
Departments of Labor, Agriculture, Public Works, Social Welfare and
Relief.
William Z. Foster, the head of the Communist Farty of the United
States, was quite aware of this patronage problem and he wrote in the
ideological publication of the National Committee of the Communist
Party, in 1939 :
"The distribution of appointive jobs — municipal, county, state
and federal — has always been a central foundation of the old
Party's mass mobilization system. Whole groups of voters are
clustered about each political job. Big machines are built on this
basis, and the two parties are constantly torn with struggles over
rich prizes.
"To overcome this evil, patronage practice will be a big but
necessary task in Democratic front political foundations. Ap-
pointive political jobs will continue for an indefinite time yet,
and the way to handle their distribution is for the Democratic
front party to take firm responsibility, and not the leave them to
the control of political overlords."^
And, speaking of the role to be played by the Communist Party dur-
ing this period of its open activity, Foster concluded:
"* * * the whole matter of improving the system of political
mass organizations should be carefully studied and its lessons
applied diligently and with dispatch. In this task the Communist
Party, with its Marxian training, militant spirit and wide mass
following, bears a great responsibility. ' ' *
Another prominent official of the Communist Party, Paul Cline, the
Los Angeles County Chairman, had also written some material for The
Communist in the edition for November, 1938, in which he corroborated
to a large extent the statements made under oath by Rena Vale, the
former member of the Political Commission. He said :
"Within the brief space of two months the federation was able
to secure the affiliation of over 400 organizations and groups with
an aggregate membership of nearly 300,000 people. Participating
* * * were the biggest Methodist churches in the city, Labor's
Non-Partisan League, the Federation for Political Unity, the Mo-
tion Picture Democratic Committee, scores of A. F. of L. and
C. I. 0. unions, large numbers of women's groups, Negro groups,
and youth organizations. In composition, the federation [Federa-
tion for Political Unity], represented a true cross section of the
people of Los Angeles. Most significant was the fact that the high-
standing Methodist church leaders and conservative businessmen
3 The Communist, February, 1939, page 138.
* "New Methods of Organization," The Communist, op. cit., p. 146.
UN-AMERICAN ACTIVITIES IN CALIFORNIA 25
* * * were ready and able to find a common ground of action with
representatives of left-wing groups like the I. L. D. [International
Labor Defense] and the I. W. 0. [International Workers Order].
"The Communist Party, as a vital element in the great Demo-
cratic front movement that is rapidly surging forward in Cali-
fornia, will continue unreservedly to devote itself to this end."^
William Schneiderman, during the campaigns in 1937 and 1938, and
for a number of years both before and after these events, was the head
of the Communist Party for the State of California. Writing with con-
siderable authority, he also corroborated the statements made by Miss
Vale when he wrote:
am** ^jjg organization of the Democratic front for victory in
the elections is not an easy and simple task, due to the extremely
complicated political situation and the many factors which will
stand in the way of the unification of the Democratic forces. We
Communists are keenly aware of the responsibilities we bear to
bring about this unity. We have become an important factor and
a recognized force in the labor and progressive movement, the
progressive forces are beginning to appreciate and understand
the role we are playing in the building of the Democratic front."
And writing about the 1938 campaign, he said:
***** Today this movement is gathering around its support
for Senator Olson, the leading progressive for the Democratic
nomination for Governor in the August primary. * * * The
Non-Partisan League has conducted an energetic campaign for
political unity of labor. ' ' ^
After the primaries Schneiderman said:
**The Communist Party in California is participating in the
election campaign with the aim of contributing its part for the
unification of all democratic forces for the defeat of reaction.
* * * The Party is becoming a recognized force for unity in the
labor and progressive movement, and as such is receiving even
greater support of progressive-minded people who appreciate the
role of Communists in helping to build the Democratic front. We
are conscious of our task; that out of this election struggle must
come, not only a progressive victory, but a stronger, mass Com-
munist Party capable of fulfilling still greater responsibilities in
the struggles to come." (Committee's italics.)'''
G The Communist, November, 1938, pp. 1021-1027.
« The Communist, July, 1938, pp. 663, 664.
' The Election Struggle in California," by William Schneiderman. The Communist,
October, 1938, pages 919 and 926.
26 UN-AMERICAN ACTIVITIES IN CALIFORNIA
Governor Olson was not a Communist, but he was a sincere and
dedicated liberal in the true sense of the term. Shortly after he had
assumed office he declared:
"We are determined to oppose equally the despotism of Com-
munism and the menace of Fascism.^
Being naive in matters subversive, it was therefore relatively
simple to surround Governor Olson and a great many of his more
important assistants with Communist Party secretaries and clerical
workers. For example, shortly after the new Governor assumed his
duties letters began to come out of his office over the signature of a
woman who had formerly served on the Political Commission of the
Communist Party of Los Angeles County, and who was now a trusted
clerical worker in the Governor's Office.^
We now know something of the political techniques used by the
Communists in California in two extremely important elections, one
municipal the other statewide, and when the new administration took
over its Governor was surrounded by party members. The State Relief
Administration was heavily infiltrated during the Merriam regime;
now it was saturated. John Jeffery, a Communist, headed a union
known as the State, County and Municipal Workers of America, so
utterly dominated by the party that it was more an integral part of
the organization than one of its fronts. All Communists employed by
the state were members of the SCMWA which rapidly grew into a
powerful and arrogant pressure group. All of the key relief adminis-
trators were Communists; so were most of the case workers and other
office employees. This afforded them contact with thousands of relief
applicants who were herded into another union, the Workers Alliance,
headed by Communist Alexander Noral. Here again the Communists
exhibited their unfailing determination to undermine all outsiders and
to help one another. Not only did they promote themselves, but so
long as the relief recipients stayed in the Workers Alliance, dutifully
attended its meetings and paid rapt attention to the speakers imported
by the party, there was no trouble with their relief status. Their griev-
ances were promptly taken up by Workers Alliance committees that
conferred with their comrades in the SCMWA, and always to the satis-
faction of the complainant. This, of course, was not too difficult because
the Communist Party was operating both unions.
As their numbers grew, as they placed their members in more and
more key positions, these young Communists became more brash. At
first they were merely impertinent; now they were overbearing. Some
members of the Workers Alliance got more than enough of being regi-
mented into this union and made to listen while Communist organizers
harangued them, under penalty of being deprived of the common
necessities of life. In rural communities throughout the state, citizens
resented this sudden invasion by groups of radical state relief admin-
istrators and began to take a hard look at this social phenomenon
* Olson's New Deal for California, op. cit., p. 24.
»1943 report, Un-American Activities in California, affidavit of Rena M. Vale, p. 157.
UN-AMERICAN ACTIVITIES IN CALIFORNIA 27
masquerading under the guise of ''liberalism." They found Commu-
nist papers and Communist propaganda freely and abundantly dis-
tributed in the relief offices, and immediately complained to their rep-
resentatives in Sacramento. So indignant were the citizens, and so
insistent were the demands that this ridiculous mess be cleared up,
that an Assembly committee was appointed for that purpose. It inves-
tigated the situation in the State Relief Administration, reported that
it was being operated by Communists, exposed the real nature of the
Workers Alliance and the SCMWA, and handed its written report to
the Assembly at the 1941 general session of the Legislature. Armed
with the reliable facts concerning the situation, the Legislature acted.
Communists were fired from the State Relief Administration, and the
situation was alleviated. But the undercover party members still clung
to the administration like barnacles, as stenographers, as secretaries,
as office workers, and a very few in extremely important and sensitive
positions. Particularly in the Departments of Labor, Employment, So-
cial Welfare and similar agencies that were of strategic importance
to the party, a concentration of Communists was found. For example,
Dorothy Healey was employed by the Department of Labor in an
important position that brought her into constant contact with masses
of potential recruits to Communism. She is now the Chairman of the
Communist Party of Los Angeles County ; and there were others whose
names have been mentioned through many of the reports previously
issued by this committee.
Independent Progressive Party
Almost simultaneously with the beginning of American Communism,
that young and lusty movement sought to infiltrate and take over the
National Farmer-Labor Party. In 1922, there was a Conference for
Progressive Political Action (the term which was to be borrowed by
the Communist Party in Los Angeles some 14 years later) at Cleveland
and from it the Farmer-Labor Party drew renewed vigor — enough
to once more attract Communist attention. Accordingly, the Commu-
nists sent representatives to the Farmer-Labor Chicago convention in
1923, jDacking the hall with delegates from more than a dozen of its
fronts all posing as separate and independent organizations. Having
thus resorted to the device of packing the convention, the Communist
minority easily seized control of a far larger non-Communist political
party. An observer, Robert Morss Lovett, declared that as invited
guests the Communists "came into the house and carried off the ice
cream. ' ' ^^
Having obtained control, the Communists sought to swell the ranks
of the Farmer-Labor Party by widespread appeals for additional mem-
bers. But, instead of attracting workers, the Communists repelled them.
1" The Techniques of Coinmunism, by Louis P. Budenz, Henry Regnery Co., Chicago,
1954. See also, American Communism, a Critical Analysis of Its Origins, Develop-
m,ent and Programs, by James O'neal and G. A, Werner. E. P. Dutton & Co.,
Inc., 1947.
28 UN-AMERICAN ACTIVITIES IN CALIFORNIA
The underhanded devices of the bold hypocrisy, the utter ruthlessness
and the complete disregard for truth or ethics or the welfare of others
were hardly characteristics that could attract non-Communist member-
ship. Soon the ranks were depleted and only the Communists and those
who were under party control remained. So the first attempt to
operate through a third party failed.
In 1947 a group of liberals decided to back Henry A. "Wallace for
President of the United States, and around this movement there de-
veloped a third independent political party, the Independent Progres-
sive Party. Immediately the Communists saw an opportunity once
more to use this ultra progressive movement for their own ulterior
motives. Kelying on the approved techniques for Communists in such
matters, and profiting by experience, delegates from a wide array of
front organizations were sent to actively participate in conventions and
meetings throughout the country, but particularly in New York and in
California.
When John L. Lewis started the C. I. 0. and ran short of organizers
the Communists provided them in abundance, and before Mr. Lewis
found out what was really going on he had been eased out of his own
organization and the Communists were in control. So it had been with
the Farmer-Labor Party in 1923; so it had been with the California
elections in 1937 and 1938, and so it was with the Independent Progres-
sive Party in 1947 and 1948.
The Communist apparatus provided scores of eager and energetic
precinct workers and propagandists. Their members staffed the offices
of the I. P. P. all over the country. They provided the petition circu-
lators, and the Communist press lambasted the other two major parties
and sang the praises of the Independent Progressives throughout the
campaign.
On July 7, 1947, the Daily People's World, the California Commu-
nist newspaper, announced that a Democrats for "Wallace meeting would
be held in Fresno on July 19th. In the issue for May 28, 1948, the
Communist paper printed a list of Independent Progressive Party en-
dorsements for Northern and Central California districts, accompany-
ing the roster with the following statement:
"Neither Henry "Wallace nor presidential electors for him will
appear on the ballot at the primary. He is to be nominated by a
state convention of the Independent Progressive Party in August,
for the ballot in the November general election."
And in the issue for June 3, 1948, an editorial in the Communist
paper declared :
"The June 1, primary was the opening round of the critical
election struggle of 1948. It was not yet, however, a decisive test of
the relation of forces in California or the Nation. It could at best
give only the first indications of the political strength of the pro-
gressive forces and the Democratic coalition, expressed through
UN-AMERICAN ACTIVITIES IN CALIFORNIA 29
candidates supported by the new Independent Progressive Party,
barely two months old.
The light vote was due primarily to absence of a contest in the
presidential primary. Truman and Warren were unopposed in the
Democratic and Republican primaries, and Henry Wallace was
not entered on the primary ballot (his nomination to be made by
a state convention in August). Thus, in a year when voters look
upon the presidential race as all-decisive, the lack of a contest in
the primaries resulted in a light vote."
"* * * the elections have projected the new Party as a major
force on the political scene in California. It is necessary to note,
however, a number of weaknesses exhibited by Progressive forces
in the election, which if overcome in time could have resulted in
a more impressive result :
The split in the labor movement, caused by the A. F. L. leader-
ship and right-wing leaders in the C. I. 0., prevented the labor
movement from playing a decisive role in this election. The split
in the C. I. 0. prevented the Political Action Committee from
playing the major role it did in the past, although progressive
C. I. 0. unions made an important contribution to the support of
progressive pro- Wallace candidates.
The pro-Wallace candidates who won the primaries did so on a
basis of a broad coalition of labor and progressive forces in both
the Democratic Party and the new Party. In the majority of cases,
however, pro-Wallace candidates did not have such a broad coali-
tion supporting them, and depended mainly on left-progressive
forces in the campaign.
The progressive trade unions did not mobilize full support
behind progressive candidates, showed some vacillations as a result
of right-wing pressure, and in some cases gave only half-hearted
support to progressive candidates.
Some pro- Wallace candidates, or their campaign committees,
thought it 'smart politics' to tone down their identifications with
the Wallace forces, and in some cases were very weak in present-
ing the important issues in the fight for peace, labor's rights, and
civil liberties.
All these questions deserve a fuller and more detailed analysis
later, when the results in full are studied.
The main thing is that the new party movement has gotten
off to a good start. The next step is to prepare for the presidential
election struggle and to build a mass movement of support behind
the Wallace platform and ticket, and elect the Progressive candi-
dates for Congress and the Legislature that have come through
the primaries."
Some of the I. P. P. candidates for election to state and national
positions were known party members, some were fellow-travelers, others
were opportunists and a few were apparently too naive to realize that
30 UN-AMERICAN ACTIVITIES IN CALIFORNIA
the Independent Progressive Party in California was nothing more nor
less than a creature under Communist domination. The chairman of
the Independent Progressive Party in California was Hugh Bryson,
then President of the Marine Cooks and Stewards Union, which had
been expelled from the C. I. 0. because it was found to be Communist
dominated, and who was later convicted and sent to a federal peni-
tentiary for having lied about his Communist affiliations and activities.
Over and over again the committee has received indisputable evi-
dence of the active Communist participation in the Independent Pro-
gressive Party in this state; another example of how a small, dis-
ciplined, highly trained and dedicated Communist minority can
penetrate, manipulate and assume control of a much larger non-Com-
munist body. Certainly the overwhelming majority of individuals
throughout the country, and most assuredly in California, who voted
for the Independent Progressive Party candidates, were themselves
sincere liberals who were dissatisfied with the two major parties for one
reason or another, and, as we have seen, a majority of those who par-
ticipated in the Los Angeles municipal election of 1937 and the state-
wide election of 1938, were not Communists but most decidedly were,
consciously or unconsciously, following the Communist Party line and
toiling in the Communist vineyard. An analysis of the techniques used
by the party during these campaigns reveals much. It discloses a com-
mon political denominator that runs through all of the party's strategy
in infiltrating and controlling operations of this type. It should be
quite manifest that only by a familiarity with the successful techniques
employed by the Communists in the past can we be adequately pre-
pared to prevent them from succeeding in the future.
Let us now turn to 1958 and 1959 and see, if we can, what lies ahead
so far as Communist political activity is concerned. Obviously, the best
source is the Communist Party itself, and we are fortunate in having
available some of the reliable party statements issued within the last
few months that cast considerable light on its future policies.
Current Communist Politico! Activity in California
We have previously pointed out that ouh^ the incredibly naive and
misinformed can possibly believe that after the death of Stalin, the
accession of Khrushchev and the era of underground activity, that the
Communist Party has suddenly become insignificant and no longer
poses any threat to our way of life. The following quotations from the
monthly ideological publication of the National Committee of the Com-
munist Party of the United States should remove all doubt, even in
the minds of the most skeptical, concerning the party's future political
plans. In May, 1958, party member Albert J. Lima, Chairman of the
Northern District of the Communist Party of California, and a member
of its national committee, wrote :
"The strength of labor and the minority (Democratic) confer-
ence, as well as the strong progressive trend among the club dele-
UN-AMERICAN ACTIVITIES IN CALIFORNIA 31
gates, made itself felt in issues and candidates. The attempt of the
machine to steamroller support for the team of Attorney General
Brown for Governor and Congressman Clair Engle for U. S. Sena-
tor, ran into stiif opposition. Brown had overwhelming support
from all groupings, mainly because he was considered to be the
most substantial candidate with a possibility of beating the Repub-
licans."
"* * * In another memo by Nemmy Sparks, the Southern Cali-
fornia District dealt with the problem in the following manner :
'Are the Republican and Democratic Parties twin parties of
Capitalism ? Of course they are.
The state co-ordinating committee, representing both dis-
tricts of the Party, considered the approach to individual
candidates along the following lines : We stated that the main
interest of labor and the people as a whole in this election lies
in the struggle on issues; in the effort to develop a coalition
among the forces of the people that will last and continue to
grow after the election; and to defeat the major standard
bearers of reaction.
It was proposed that any independent candidacy should be
considered in relation to the above point. An independent
candidacy with a base among the general Left, it was felt,
could exercise considerable influence on the issues in public
debate and counteract the pressures upon candidates to water
down issues and to make concessions to reactionary opponents.
The alternative to the above could be a Party candidate whose
campaign would be much more limited, but who could present
the Party 's position on the issues of the election. Because of the
ballot restrictions in California this might have to be in the
form of a write-in candidate for the finals.
The above policy tends to be caught between extreme view-
points. On one hand some say only candidates should be sup-
ported who can get the broadest kind of support. From this
source, Left-independent candidates are strongly opposed un-
less they have substantial labor and liberal support. In the
present uncertain political atmosphere and lack of organiza-
tional forms, candidates who could run independently and
have support in labor and liberal circles are very reluctant
to be candidates. The Left, therefore, tends to find itself con-
fined to pressuring major party candidates on issues as the
only form of electoral activity. '
"* * * The 1958 elections can result in a resounding rebuff to
the Republicans and their plans for the 1960 election. It can also
be the arena in which the Left begins to solve some of its prob-
lems. "^^
^i Political Affairs, May, 1958, pp. 29-39.
32 UN-AMERICAN ACTIVITIES IN CALIF0R2SnA
Robert Thompson, national Communist functionary declared:
<«* * * jjj g^ number of important unions, and in some area
union conferences, party forces as a part of a growing Left have
been able to play a tangible and constructive part in the shaping
of union programs and activities on the unemployment issues.
Another such area has been Party activities in the fight against
anti-labor, so-called 'right-to-work' legislation, particularly in Cali-
fornia and Ohio.
* * * There are clear indications that both Labor and the
Negro people's forces are participating more actively and more
independently than has been true in recent years.
Labor's participation in the California primary campaign was
an outstanding example of this.
* * * Our Party is becoming more active in all of these situa-
tions. The presentation of a Party legislative program has been
helpful in this. Of greatest importance is the fact its electoral
policy is taking clear shape nationally and in various states.
Three propositions form the broad framework within which
this policy is developed. These were stated by Arnold Johnson in
his article on the 1958 elections in the June Political Affairs:
' (a) To do everything possible to inflluence the elections in
the interests of the people.
(b) To promote even greater independence of labor and its
allies and a broad people's coalition policy based on the workers,
and the Negro people, farmers, and all other democratic forces.
(c) To bring forward the Party and its program, strengthen
its influence and build it in the course of the campaign.' " ^-
Albert J. Lima, in his capacity as Northern District Chairman of
the Communist Party of California, had this to say about party par-
ticipation in California politics in September, 1958 :
"Of course the trade union leadership has always been part
and parcel of politics, but eventualh^ the needs and demands of
the class transcend the tenuous political ties of the leadership with
corrupt bourgeoise politics.
Our Party had agitated during this entire period [1937-1950]
for a farmer-labor party and many unions adopted resolutions in
support of this demand. Nationally, Labor's Non-Partisan League
conducted vigorous campaigns on issues and candidates. Certainly
the stage was set for the IT. S. labor movement to follow the path
established by labor of the countries in Europe — the forming of
their own political party.
However, the outbreak of World War II, and the flexibility
of the two-party system, plus some peculiar electoral methods
which retard the development of third political parties in our
Country, combined to head off this development.
12 "On the Work and Consolidation of the Party," by Bob Thompson. Political Affairs,
August. 1958. pp. 37-52.
UN-AMERICAN ACTIVITIES IN CALIFORNIA 33
The next period in which the possibility of breaking with the
political control of the monopolists emerged was 1947-1948. Once
again there were many factors present Avhich indicated the pos-
sibility of such a development. * * * The need was present, but
the willingness and determination of decisive sections of the labor
movement was not. The move toward a third party was premature
and abortive and the two-party system was more secure than ever,
because of the split in the labor movement and the expulsion of
the progressive * unions from the C. I. 0. From that point the
decisive influence of the C. I. 0. on the political and economical
life of our Country began to wane.
Thus, we have examined the question twice before at 10-year
intervals and it is being posed again. (Committee's emphasis.)
There is a definite trend which indicates the possibility of win-
ning important sections of the labor movement to organize and
act independently of the two major parties. For example, in Cali-
fornia the labor movement is not relying on the Democratic and
Republican Parties to guarantee the struggle against the right-
to-work threat. It has plunged into independent political action
in a major way and in a more aggressive manner than for many
years. ' '
* * * for us, and for the entire Left, it is necessary to try to
determine the potential and eventual outcome in order to map out
strategy and tactics.
In other countries, where labor has formed an independent
political party welfare issues are adopted as national laws. In our
Country, the labor movement has pressed for 'fringe benefits'
which embody many elements adopted as national laws in other
countries. This has been particularly true in recent years and has
been a further expression of the U. S. workers attempt to take up
the slack of the lack of a political party of its own.
The International Longshoremen's and Warehousemen's Union
on the West Coast has been discussing this question and formally
adopted a general program for an independent political grouping.
Their role in the right-to-work fight in California has been a posi-
tive contribution to the entire labor movement, while maintaining
a sharp and critical attitude for the slowness of the top leadership
of the A. F. of L. in California." ^^
It should be carefully noted that the line italicized for emphasis by
the committee, "Thus, we have examined the question twice before at
10-year intervals and it is being posed again," constitutes a complete
verification of the fact that in 1938, when the Communist Party of
California played a decisive role in our state election and in 1948
when it endeavored to launch a party of its own, both movements
* The CIO called them Communist-tlominated.
IS "On Labor and Political Action, ' by Albert J. Lima, Northern District Chairman
of the Communist Party ot Ca ifornia. Political Affaira, September, 1968, p. 58,
et seq.
2— L,-4361
34 UN-AMERICAN ACTIVITIES IN CALIFOfeNIA -
originated and were dominated by the Communist Party of this state.
And not only does this verification come from an authority of unques-
tionable accuracy, but Mr. Lima also predicts that the time is now
ripe, in 1958, for the California Communists to again engage in all-out
political activity. Let us see why 1958 was selected as an appropriate
time for this sort of action.
In 1938 several mass organizations were used separately at first, and
then welded together into a potent political machine. The separate
organizations were the United Organizations for Progressive Political
Action, Youth for Political Action, and the California People's Legis-
lative Conference. The organization into which they were amalgamated
was Labor's Non-Partisan League.
In 1948, the impetus behind the Independent Progressive Party in
California came largelj^ from the Communist-dominated unions such
as the United Mine, Mill and Smelter Workers, the International Long-
shoremen's and Warehousemen's Union, and the Marine Cooks and
Stewards Union, as well as such potent fronts as the Civil Eights
Congress and the Arts, Sciences and Professions Council. In addition
there was the customary camp-following group of assorted leftists rang-
ing all the way from genuine fellow travelers to naive do-gooders.
The Independent Progressive Party started with considerable furor
but quickly lost its momentum. It had been suspect from the start.
Hugh Bryson's record of Communist activity as president of the
Marine Cooks and Stewards had already been made public by this
committee. ^^ When he was selected as statewide president of the newly-
launched party, many of the California newspapers quoted from our
report and there was very little excuse for anyone to plead a lack of
knowledge concerning the subversive leadership of the IPP. Further-
more the organization immediately adopted the current Communist
Party line and devoted about as much time to jamming through party
resolutions disseminating party propaganda as it did to purely political
matters. Another serious error made by the IPP was the contest of
its own candidates against such liberal Democrats as Helen Gahagan
Douglas and Chester Holifield, both of whom refused to co-operate with
the new political party and scrupulously ignored it throughout the
campaign. This mistake was recognized by the party strategists in
October of 1948, but it was then too late to remove the names from
the ballots and the belated withdrawal of the IPP candidates from
all positions where liberal Democrats were running on the Demo-
crat ticket simply made matters worse by focusing attention on an
already bad situation. ^^
Strategic Errors Rectified
The major blunders committed by the Communist Party strategists
in 1938 and 1948, are now quite evident. In the first campaign there
was very little effort to conceal the fact that the Communist Party
"See 1947 report, pp. 194, 151, 160, 163-166.
IS The Politics of California, by David Farrelly and Ivan Hinderaker. Ronald Press
Co., N. Y., 1951, p. 100.
UN-AMERICAN ACTIVITIES IN CALIFORNIA 35
was masterminding a groat deal of the political maneuvers and after
the campaign Avas over the impertinence of the j^oung party members
who were staffing the State Relief Administration and some of the
older and highly indoctrinated Commnnists who held other state posi-
tions, became so offensive that the California voters were aroused and
swept the subversive elements out of state employment. In the second
election the Independent Progressive Party permitted itself to be in-
filtrated and captured by the Conmiunists, led by a well-known Com-
munist, and once again demonstrated the same weakness by using the
movement as a vehicle of dissemination for Communist propaganda
rather than operating it as a purely political organization.
In the 1958 election there was no separate autonomous organization,
it being clear that the Communists could not support Knowland, who
obviously stood little chance of winning from the outset ; there was
no third party for them to use, and there was no amalgamation of
friendly organizations through which party strategy could be directed.
Therefore, there was only one alternative and that was to throw party
support to candidates who stood greatest chance of getting elected and
striving to subtly infiltrate the new administration with undercover
party members.
Most important of all, however, was the profound change in the
Communist Party line that occurred in 1956, that signaled the com-
mencement of the second United Front period throughout the world,
and which served as a guide for the strategy of the Communists in
this state during the 1958 campaign. We mentioned this change in
our last report, but not in any political connection. Let us now see
what practical effect it has had upon our political situation.
The Twentieth Congress of the Communist Party of the Soviet Union
was held in Moscow during February, 1956. The open meeting was
held early in that month, and a few days later a "secret" meeting
was held and attended by hand-picked delegates who assembled to
hear confidential remarks by Nikita Khrushchev. The secret was
well kept until it burst like a bombshell from the American State
Department into the pages of the American press. Even the Daily
Worker of New York was obligated to carry the story, and since it
purported to be a verbatim account of what transpired at this ' ' secret ' '
conclave, and was later authenticated by the Kremlin, we can be
quite certain of its accuracy.
It was natural that the most sensational content of this second speech
should be played up in the American newspapers, and this consisted
of the castigation of the late Joseph Stalin, a condemnation of his ruth-
less practices, a repudiation of the purge trials that swept the Soviet
Union in a blood bath from 1935 to 1939, downgrading of the Soviet
Secret Police system, and assurances to the Russian people that they
would henceforth have more freedom. The writers in the Soviet Union
were assured that they would be able to express their thoughts
without being censored or repressed by the Soviet hierarchy; Com-
munist Parties abroad were told to pursue their separate ways to
36 UN-AMERICAN ACTIVITIES IN CALIFORNIA "
eventual attainment of the Communist Utopia in their own manner,
and in conformity with the environment in which they operated ; citi-
zens were also iuA-ited to express their criticisms of the existing regime
— all of these things being the ingredients of a newer and freer way
of life for the Communist peoples of the world.
The first book that appeared after this pronouncement was one by the
Russian author, Dudintsev called "Not by Bread Alone." It rocked
the Soviet Union from one end to the other, and immediately the
censorship of the Stalin era was again clamped down hard. Then in
Yugoslavia Milovan Djilas wrote a book called, "The New Class," and
he was immediately clapped into prison for daring to criticize the
Communist Party of Yugoslavia. And in China Mao-Tse Tung duti-
full}' followed the dictates of the Kremlin by announcing that in
every field of flowers at least a hundred should rise and express their
criticisms of the Chinese Communist regime. That regime was almost
smothered beneath an avalanche of posies, which resulted in the blos-
soms being neatly severed from their stems by the sweeping sickles of
the Chinese Communist political police. Poland and Hungary took
Khrushchev at his word and started on their separate ways toward the
Communist goal by enthusiastically taking measures to get the Rus-
sian agents out of their countries. TVe now know what happened ;
Anastas Mikoyan promising that everything would be settled by ne-
gotiation, lulling the counter-revolutionists into a false sense of security
by his solemn assurances, thus gaining time to marshal the tanks
and other armor and Soviet troops for the purpose of slaughtering so
many of the civilians that the revolution was wiped out in another
bath of blood.
But there was something else, an even more important content in
the Khrushchev speech that has not received much attention in the
press of our country, but which has exerted a profound effect on Com-
munist strategy throughout the world, and particularly in the United
States. We have seen the result in California in unmistakable terms,
and it will assuredly determine the strategy of the party in endeavor-
ing to move into our political situation during the next few years.
Khrushchev also said that henceforth it would be proper and desir-
able for foreign Communist Parties to make common cause with other
mass liberal organizations. This meant the launching of the second
United Front, and permitted the Communists to collaborate with the
Socialists, the Trotzkyites, and a whole array of ultra-liberal organi-
zations. No longer would they operate through the intricate apparatus
of Communist front organizations, because this was no longer necessary.
Front organizations were being exposed to public view for exactly
what they were as fast as the party could create them. They were in-
filtrated by government agents, their rosters of members and their
mailing lists were obtained, their party line activities were analyzed,
and they were so mercilessly brought under the glaring light of public
scrutiny that they soon ran short of members. The only people they
could recruit were people who already had long records of Communist
UN-AMERICAN ACTIVITIES IN CALIFORNIA 37
collaboration, and they were so few in number that the front organi-
zations began to wither away from lack of financial and popular
support. The same thing, to a large degree, was true of the Communist-
dominated unions. From 1948 through 1950, the A. F. of L. and the
C. I. 0., particularly the latter, conducted sweeping investigations that
resulted in the expulsion of a number of these old Communist saturated
unions and they, too, were exposed to public view so thoroughly that
the party deemed it inexpedient to use them for political purposes on
a wide front in this state.
Now it would be possible for the Communists to make common cause
with the other organizations that have been heretofore mentioned, and
they immediately proceeded to do so, commencing during the latter
part of 1956, and continuing on an accelerated scale until the present
time. In the 1957 report we pointed out that within a matter of weeks
after Khrushchev 's speech the California Communist Party was obeying
this change in the party line by permitting its officers to meet with
representatives of the Socialist Party, the Young Socialist League, and,
what was far more astounding, with members of the Trotzkyite move-
ment.
Those who read our report of subversive infiltration at U. C. L. A.,
will recall that in connection with the death of a student, Sheldon
Abrams, we found among his papers abundant proof that such meetings
were indeed being held in 1956 ; and moreover, that they were the
first in the United States to implement Khrushchev's directive for the
opening of the second United Front.
The testimony of Dr. Robert Neumann, of the U. C. L. A. Depart-
ment of Political Science, was of great value in making clear what the
United Front strategy was and how it was devised at the Seventh
World Congress of the Communist International in 1935. It was this
United Front tactic of working through other liberal groups and
through a confusing complexity of front organizations with appealing
names and carefully concealed Communist control that made possible
the amazing success of the Communists in this country in their wide-
spread penetration of our American institutions immediately thereafter.
Labor unions, universities, the entertainment fields, the creative arts,
and governmental agencies were the main targets — including of course
the invasion of our state government in 1938 by the enthusiastic use of
this United Front technique.
But such successes proved too heady a wine ; the party became too
defiant, too overbearing. The people reacted, the Legislature appointed
a committee to find out what was going on and report the facts, and
there then began an era of exposing the extent of the infiltration, a
description of the front groups and the people who operated them
from concealed positions — and, in direct proportion to the degree of
exposure, the potency of the California Communist Party began to
decline. It became extremely difficult to attract liberals to front organ-
izations that had been thoroughly revealed as under Communist control.
And so it was with the motion picture industry, the universities, the
38 UN-AMERICAN ACTIVITIES IN CALIFORNIA
trade unions, the public utilities and the various departments of the
state government. Once the people thoroughly understood the nature
and imminent menace posed by the operations of the Communist Party,
they reacted as might be expected of loyal and patriotic citizens and
began to cleanse themselves of the undercover Communists who had
managed to worm their ways into strategic positions by the tactic of
the United Front.
The public utilities, instead of having only special agents who policed
the institutions, thereupon began to employ men with F. B. I. or mili-
tary and naval intelligence experience to help them get rid of the Com-
munists already in their employ and lock the doors against continued
infiltration. The universities began to co-operate in the same direction,
as did the school systems, the trade unions and the entertainment fields.
The Federal Bureau of Investigation then began gathering the evidence
from its undercover agents and launched a series of prosecutions under
the Smith Act that deprived the party of its leadership, and the
Supreme Court consistently upheld the rights and prerogatives of
legislatures in keeping themselves actively informed concerning sub-
versive threats to state governments, upheld the convictions that were
obtained by the Federal Bureau of Investigation under the Smith Act,
and upheld convictions of contempt against defiant party members
who adopted a practice of invariably invoking the Fifth Amendment
when questioned about their subversive activities and affiliations and
using the forums of the legislative committees and the courtrooms as
media for the dissemination of violent Marxist propaganda.
Driven to underground positions and compelled to break the physical
organization of the party into tiny units of three to five members; its
means of communication and propaganda disrupted by reason of the
long continued exposure and conviction of leaders, the Communist
Party was becoming desperate. It then declared war on the Supreme
Court of the United States in 1952, and devoted virtually all of its
attention to the liquidation of legislative investigative committees and
bringing about a reversal of the Supreme Court decisions that had
enabled the committees and the government to operate so successfully
in hamstringing the activities of the Communist conspiracy throughout
the country. Then came the launching of the second United Front as a
result of the Khrushchev speech at the Twentieth Congress of the Com-
munist Party of the Soviet Union in February, 1956, and, as we have
seen from its own documents, the party began to resume its old arro-
gant attitude, to emerge from concealment and participate in a political
campaign in 1957 and 1958 in California. We shall see a little later
how the party claimed the credit for bringing about a change in the
decisions of the United States Supreme Court dealing with subversive
matters, and how it created a new national front organization for the
purpose of bringing about the liquidation of legislative committees and
hampering the activities of the Federal Bureau of Investigation and
other governmental intelligence agencies engaged in counter-subversive
work.
UN-AMERICAN ACTRHTIES IN CALIFORNIA 39
This, then, was the baekjrroiind afraiiist which the party resumed
its political activities in California in 1957 and 1958. "We liave already
pointed ont, and emphasize a^rain, that the Communist Party expressed
itself as completely dissatisfied with both of the major political parties,
although it had infiltrated both to some extent. Durinrr the 1958 election
it had no choice but to repudiate the conservative Knowland and en-
deavor to insinuate some of its older adherents into the administration
of Governor Brown. The new Governor had made it abundantly clear
that he wanted no cooperation from the Communist Party in California,
or any other place, and he repudiated their sujiport and was unalter-
ably opposed to Communism. The Democratic Governor who preceded
him 10 years earlier had also made clear his anti-Communist attitude
when he declared : ' ' "We are determined to oppose equally the despotism
of Communism and the menace of Fascism. "^^
One of the candidates for election to the office of State Superintend-
ent of Public Instruction during the 1958 campaign was Holland Rob-
erts, frequently but erroneously referred to as Dr. Holland Roberts.
On March 6, 1958, this item concerning his candidacy appeared in the
San Francisco Call-BuUeiin:
'^Ex-Labor School Head May Seek Office.
San Jose, ]\Iar. 6, (AP). Dr. Plolland Roberts, whose Cali-
fornia Labor School was called 'an instrument of the Communist
Party' by a government board, may run for State Superintendent
of Public Instruction.
He took out nomination papers yesterday and has until March
28 to file petitions.
The Subversive Activities Control Board, set up under the
MeCarran Act of 1950, made the report concerning this school
after a hearing in January, 1957. Dr. Roberts was director of the
now defunct school.
He said last May that the school was closing because it lacked
funds to fight the board's ruling in the courts.
Roberts, in taking out nomination papers, said he lived in
Palo Alto and was an educator.
He had been an associate professor of Education at Stanford
University in 1944, when he resigned to join the Labor School in
San Francisco, becoming director in 1949.
Before a House Un-American Activities Committee, headed by
Representative Harold Velde, (R.-IIL), Roberts denied in 1956 that
the school was subversive and that it had Communists and Com-
munist sympathizers on its faculty."
In passing, it may not seem inappropriate for us to point out vSome-
thing that the newspaper article overlooked. The committee investi-
gated the California Labor School, beginning in 1945, branded both it
and its director Communist and subversive, and referred to the school
in its reports for 1947, 1948, 1949, 1951, 1953 and 1955. We examined
18 "Olson's New Deal for California,". op. cit., p. 24.
40 UN-AMERICAN ACTIVITIES IN CALIFORNIA
Roberts under oath on several occasions, and he was identified as a Com-
munist Party member by several witnesses, including a former mem-
ber of the party who served as Mr. Roberts' secretary while he was
director of the school in San Francisco. He also served as chairman
of the American-Russian Institute in San Francisco, one of the few
potent Communist front organizations still operating on a nationwide
basis. Both the school and Dr. Roberts had been identified as sub-
versive and Communist since 1945, and the fact appeared with
monotonous regularity in the newspapers up and down the Pacific
Coast. Notwithstanding this fact, Mr. Roberts did run for State Super-
intendent of Public Instruction in 1958, and polled more than 400,000
votes. The Communist press and all of its propaganda machinery
worked feverishly in this campaign, and while even Roberts' most
energetic supporters expressed the belief that he would be unable to
prevail over the incumbent, nevertheless it is a demonstration of cur-
rent Communist vote-getting ability and capacity for hard work that
should not be overlooked or underestimated.
What, then, is the present situation concerning Communism in Cali-
fornia politics? It should now be quite clear that we can learn much,
and perhaps profit a good deal, by knowing something about the devices
and general strategy used by the party in the past. In 1938 and 1948
there were many Communist fronts that were used to great advantage
as entering wedges to force a way into the political field. Today there
are only a few and these were thoroughly exposed almost as soon as
they commenced business. But bear in mind that these fronts did not
disappear because of any desire by the party. On the contrary, they
were maintained as long as possible and often ran deep into the red.
They collapsed because of exposure for what they really were, exposure
by government agencies — certainly not because they were liquidated
by the Communists according to plan.
Now we are in the era of the second United Front and we have
secured ample evidence in California that the party has obediently
been making common cause with other liberal organizations since April
of 1956. It is also becoming more evident daily that the party is mobi-
lizing a large group of so-called "sleepers"; that is, party members who
have never been required to attend meetings, have never received any
written evidence of affiliation, and who are instructed to pose as con-
servatives or at least mild liberals in order to avoid detection. Once
they are called into service, however, they are useless to the party
unless they follow the party line and promote party interests. Any
such activity always makes them vulnerable to detection, exposure and
elimination from sensitive positions. The American Communists are
still striving diligently to form an independent and liberal political
body of their own, and we can conclude this section with no better
authorities than one from the leader of the Southern California Dis-
trict of the Communist Party of California and an official statement
by the National Committee of the Communist Party of the United
UN-AMERICAN ACTIVITIES IN CALIFORNIA 41
States. Dorothy R. Healey, heretofore mentioned as having once been
in the enipk)y of the State Department of Labor, recently declared :
"Our district has attempted to provide leadership on some po-
litical fronts of immediate concern to the welfare of the people.
The Il-bomb campaign, Little Rock and the South in general, the
struggle for Negro rights, the 1958 electio7i (committee's empha-
sis) and the anti-labor drive in California were among the ques-
tions discussed at the district council, with a concrete program
proposed to the club for action." ^'^
The National Committee has informed us in unmistakable terms
that the radical element in American labor, comprising such Commu-
nist dominated unions as the United Mill and Smelter Workers; the
United Electrical, Radio, and Machine Workers; the American Com-
munications Association ; the International Longshoremen 's and Ware-
housemen 's Union, and the Public Workers of America — plus all ultra-
liberal organizations — will be forged into one major and independent
political party by the Communists, if their present plans materialize.
Basically, it will be a "politically independent" labor force, with
broad liberal affiliation and support.^^
Since no written evidence of membership in the Communist Party
has been used since December, 1947, since the party is extremely sen-
sitive to counter-infiltration and is therefore functioning largely under-
ground, since most of its front organizations have been forced out of
existence, the only practical method that can be employed to combat
Communist infiltration in politics and other fields of activities lies in
a thorough understanding of Communist practices, a familiarity with
the Communist Party line as it changes from time to time, and an
accurate knowledge of what undercover Communists may be expected
to do once they have managed to insinuate themselves into positions of
political authority. Armed with adequate knoAvledge of these matters,
it is possible to prevent the infiltration of sensitive political positions
which is a manifestly simpler thing to do than to handle the situation
once the infiltration has succeeded, as was most forcibly illustrated by
the administration of Governor Olson.
INFILTRATION OF EDUCATION
Infiltration of our educational institutions has always occupied a
high place on the Communist Party program. Originally the intent
was to use this reservoir of impressionable young students for recruit-
ing purposes. During World War II, and even to a larger degree
thereafter, infiltration of our educational institutions has been used
for another purpose because the government has allocated to many
of our larger colleges and universities enormous contracts for con-
ducting secret researches that are valuable to the defense of our nation.
""On the Status of the Party," by Dorothy R. Healy. Political Affairs, March, 1958,
p. 40.
18 "A Policy for American Labor," by the National Committee, Communist Party of
the United States. Political Affairs, Aug., 1958, p. 11.
42 UN-AMERICAN ACTIVITIES IN CALIFORNIA
Consequentl}^, it is desirable for the Communist Party to plant its
undercover members in strategic positions so that they can have an
overall picture of this highlj^ sensitive research activity.
In order to get a proper perspective of present conditions in Cali-
fornia regarding the infiltration of our educational institutions, let
us examine it against the background of the last national convention
of the Communist Party of the United States and the remarks made
by the nation's outstanding expert on Communism, J. Edgar Hoover,
regarding the convention and the program adopted by the party
thereafter. Mr. Hoover explained how carefully the program was
rigged to create the illusion that the American Communists would no
longer obey the Kremlin but would henceforth go it alone, something
like Tito; that party leaders were no longer trusted by the rank-and-
file membership; that the party was torn asunder by internal dis-
sention; that membership had dwindled so much that American
Communism should no longer be regarded as a grim and serious threat
but merely as a minor irritation.
Actually, this elaborate piece of misdirection was part and parcel
of what we have termed "operation lullaby." This 1957 national con-
vention of the party was rehearsed with all the meticulous attention to
assigning the actors their various roles, to setting the stage, to arranging
the lighting effects and the dramatic impressions that might have been
devoted to a stage production. Indeed that is what the convention was,
in accordance with Communist custom. Said Mr. Hoover :
"The skillful Communist propagandist, Mr. Simon W. Gerson,
sought to create several illusions in connection with the change in
Partj^ leadership and organization which has given a completely
distorted and slanted view of what happened. To illustrate :
Prior to the convention rumors were planted that Foster and
Dennis were to be ousted. The convention did abolish all offices.
This was slanted to convey the impression that the convention
action was a slap at Stalinism. Actually, this strategy had been
carefully charted at a two-day preconvention meeting in New
York. The convention did create a new national committee of 60,
20 of whom were elected at the convention. In addition, an 11-
member administrative committee was chosen to direct the day-
to-day business of the Party until the National Committee could
designate a Secretariat. Of the 16 members of the old National
Committee not in prison, nine were elected among the 20 members-
at-large. Others may be elected by the districts to fill the 40
additional posts in the near future. Several of the Old Guard,
including Foster and Dennis, were elected to the Administrative
Committee.
The illusion was created that there was a break with the past
since Miss Charlene Alexander of Los Angeles, aged 26, and no
hardened Bolshevik, got the largest number of votes among the
20 members elected to the National Committee. This was the
UN-AMERICAN ACTIVITIES IN CALIFORNIA 43
Party's way of currying- favor with tlie Nogroos since seven of
the 20 elected were Negroes, including Miss Alexander. Actually,
the average age of the 20 elected was 45 years of age and their
average length of membership in the Communist Party was 22
years. Gerson led reporters to believe after the convention that
Gates had cemented his position and won out in his fight against
the cult of the individual. There were headlines such as ' U, S.
Reds Quit Foster, Kremlin, ' and the press reported that the Party
'dumped' Foster and 'voted out of office' Eugene Dennis, who
had been replaced with 'collective leadership.' Actually, the Com-
munist Party had created a broad new national committee and a
Secretariat in line with the new Soviet line of 'collective leader-
ship. ' Foster, who had been criticized as having developed his own
'cult of the personality,' was now a part of a 'collective' commit
tee in Moscow style; in fact, this had already been decided prior
to the convention."
*******
"This was a convention made up essentially of functionaries.
In fact, one Party leader bemoaned the fact that few workers
were there. In the balloting on February 12, 1957, for the Na-
tional Committee only 13 votes were allotted to the entire Southern
region, with 136 out of the 292 ballots allotted to New York State,
33 to California, 24 to Illinois, 20 to New Jersey, and other states
and regions ranged from one to 12 ballots.
The fact is the Communists could not stand for the free press
to observe their proceedings because they cannot long survive the
truth. Norman Schrank, Executive Secretary of the New York
State Communist organization, launched a verbal assault on news
photographers and was observed to push a photographer aside
which is illustrative of their attitude.
The Communist Party's 1957 convention was designed to hood-
wing the public with a 'new look.' Its program is designed to
enable them to develop a militant assault, to accomplish their
' historic mission ' of wrecking and infiltrating this nation. ' ' ^^
In July, 1955, Mr. Hoover had made a visit to California, and while
spending a portion of his vacation in La Jolla issued the following
statement :
"The Communist Party, U. S. A., today is concentrating tremen-
dous effort in the State of California. Roughly 15 percent of all
Communist Party members of the nation reside in California,
ranking this State second only to New York in Party membership.
^^ statement by J. Edgar Hoover, Director, Federal Bureau of Investigation, to the
Subcommittee to Investigate the Administration of the Internal Security Act and
other internal security laws, of the Com-mittee on the Judiciary, United States
Senate, Eighty-fifth Congress, First Session. "An Analysis of the 16th Annual Con-
vention of the Community Party of the United States," March 12, 1957, United
States Government Printing Office, Washington, D. C. 1957, pp. 9-10.
44 UN-AMERICAN ACTIVITIES IN CALIFORNIA
"The growing population, industry and strategic location of
California has made this state a prime Communist target for years,
and that is why the party is operating a highly efficient under-
ground apparatus in California, as well as trying to increase above-
ground operations. ' ' ^"
As California's population has continued to increase, so have the
activities of the Communist Party in this state, one of the most im-
portant of those activities being the infiltration of our educational in-
stitutions and our trade union organizations. In previous reports we
have described in detail the extent to which the party has managed to
send its members into the educational institutions, both at the univer-
sity level, in the high schools and, to some extent, in the grammar
schools. In tracing the historj^ of this infiltration we have shown that
it reached its peak during the j)eriod from 1939 to 1944, and since
1944 has been steadily declining, although it is still a most serious
problem.
Several j^ears ago this committee established a co-operative plan with
the administrative heads of most of the universities and colleges in the
state and this plan is still in operation. It affords a system w^hereby
representatives of the committee and representatives of the various col-
leges and universities can exchange information concerning problems;
and it does not, and it never did, entail the maintenance of any organ-
ization of undercover investigators on any university campus or the
employment of students as informers. Its purpose is simply to provide
as much reliable and expert assistance as possible in aiding the various
university administrators to devise practical means of preventing the
infiltration of their several institutions by subversive agents. The com-
mittee can conceive of no legitimate objection to this sort of co-opera-
tive enterprise by anyone except the most ardent type of party mem-
ber or fellow traveler.
Such a vociferous clamor was raised by the Communist Party and its
subservient organizations shortly after this co-operative plan got under
way, and such a determined effort was made to wreck it by sensational
and widely-publicized accusations, that the committee was thereby
afforded ample evidence that the system was eminently successful in
disrupting the party's infiltration of our schools.
Confusion on the Campus
One reason that the academic M^orld has not taken the problem of
Communist infiltration more seriously maj^ lie in the fact that far too
many educators even yet fail to realize that Fascism does not change
its character simply because it flourishes as a Soviet-directed conspiracy
to conquer the world instead of being directed by Adolf Hitler. We
once examined a Communist theoretician and asked him if he was in
favor of Fascism. This, of course, drew an angry denial. He was then
asked to define Fascism and did so with great feeling and precision.
"0 Los Angeles Times, July 31, 1955.
UN-AMERICAN ACTIVITIES IN CALIFORNIA 45
lie declared tlmt Hitlei-'s Nazi regime was an excellent example of a
Fascist government; so was Mussolini's Black Sliirt re<;ime in Italy.
Pressed for details, this witness explained how under Fascist rule the
will of the dictator is imposed on the people by force; how he controls
all the machinery of government — transportation, communication, edu-
cation, the military — and enforces his will by unleashin<^' waves of
secret police terror. This witness luid unwittingly described the Fascist
character of the Soviet regime with its one-party system controlled by
an absolute dictator who also enforces his will through a secret police,
controls the entire machinery of government, and sweeps his colleagues
out of office whenever the mood strikes him. An example of this oc-
curred in the Soviet Union recently when Malenkov, Kaganovich,
Molotov and Shepilov were summarily removed from office by Khru-
shchev and swept into relative oblivion as traitors to the Communist
Party, which is the only party in the Soviet Union and which actually
wields the power through its Presidium which, in turn, is the creature
of Khrushchev.
The inhuman tortures inflicted by the Soviet Secret Police are far
more horrible than any ever employed by the Nazis ; they covered a
much longer period and affected more people by many millions. Those
who have read Mr. David Dallin's authoritative studies of slave labor
in the U. S. S. R., will know that the Nazi and Italian Fascists com-
bined never even approached this massive forced labor program where
human slaves were used like animals.
Dr. Mark Graubard, Associate Professor of Natural Science at the
University of Minnesota, commented pointedly on this peculiar political
astigmatism on the part of many intellectual leaders in the United
States in an editorial which is worth quoting in this connection :
"Whatever happened to the American sense of proportion, not
to mention the American conscience? At a time when millions of
people in Europe and Asia live under a Communist terror, denied
the elemental freedoms of action and thought which we take for
granted, leading writers and intellectuals in the free United States
spread abroad the falsehood that oppression and book-burning pre-
vail in the United States, that terror stalks our universities, school
boards, libraries, and even haunts the average citizen.
Wbat a contrast to the situation in the U. S. A., when another
totalitarian tyrant, Adolf Hitler, rose to power ! Even before the
Ayrian laws, the pogroms, and the incineration chambers darkened
the German horizon, the reaction of the American public, its gov-
ernment and the college campus was prompt and unequivocal.
In the fall of 1933, as the Executive Secretary of the first anti-
Nazi Student Congress in America, at Columbia University, I
felt the pulse of this moral response. Our organization expressed
the deep current of American sentiment that pervaded Hotary
Clubs as deeply as labor unions, cultural societies as much as
corner pubs. Opposition to Naziism in the United States was nation-
46 UN-AMERICAN ACTIVITIES IN CALIFORNIA
wide. In colleges committees were formed to aid refugees from
Nazi persecution; student newspapers protested the exclusion of
Jews from German universities, the burning of books and the race
laws. Some Americans even suggested intervention; others de-
manded a boycott of German goods.
Others, of course, during war or having some sympathy with
Hitler's supposed aims, denounced these protests as interven-
tionism, insisted that each nation had a right to act as it pleased,
aiid declared that the Roosevelt administration's anti-Nazi actions
were propaganda equaling that of the Nazis. But, regardless of
differences as to what this country should do about it, there was
little confusion about the evil of Naziism.
How different the scene today! For the past 10 years Com-
munism has shouted to the world that America must be destroyed,
that America is the chief warmonger, the cause of world poverty
and mainspring of tyranny and oppression. Its first task was to
obliterate America's good name among the peoples of the world.
For this enterprise the Soviet propaganda machine has received
aid from the writers of hysterical books and articles deriding
America as a tyrant.
Soviet propaganda has encountered no opposition of the kind
that Nazi propaganda futile in the United States. There is hardly
a. single campus committee to aid refugees from the Sovietized
universities in Europe and Asia ; no Student Anti-Communist Con-
gresses; no Women's Leagues Against Concentration Camps. The
eloquent voices of our liberal leaders are raised more passionately
against alleged American misdeeds and tyranny than against the
darkness behind the Iron Curtain. One receives no telegrams urg-
ing ones signature under a Manifesto pledging the signers 'lives,
fortunes and sacred honor' to the downfall of the Red tyranny.
There are no placards reading 'Stop Khrushchev!' attached to
the front bumpers of motor cars. There were some silly aspects of
the anti-Nazi campaign in the late 1930 's, but at any rate few of us
confused slavery with 'human engineering,' or tyranny with
progress.
Had American liberalism displayed the same moral vigor
against Communist fanaticism that it did against Hitlerism, the
world might be a safer place, and our moral leadership, established
by our stand against aggression in the 1930 's and our unstinted
effort in "World War II, would be unquestioned. We are now
paying dearly in taxes, confusion and fear for maintaining a
double standard of political morality. ' ' ^^
Despite these facts there are still far too many educators who, for
some obscure reason, stubbornly cling to the notion that somehow the
Nazis were foul and evil and the Communists much nicer ; that whereas
^ "Where Are Yesterday's Foes of Dictatorship?" by Dr. Marli Graubard. Editorial,
Saturday Evening Post, July 2, 1955, p. 10.
UN-AMERICAN ACTIVITIES IN CALIFORNIA 47
ever^y intellectual had a solemn duty to oppose Naziism and Fascism
a la Mussolini with all tlie strength he could muster, it was somehow
unfashionable to oppose Fascism of the Red variety. This attitude no
doubt stemmed from several causes and chief among them was the
fact that during the era of the Spanish Revolution and thereafter until
the close of World War II, thousands of American educators, writers,
artists, actors, musicians and liberals flocked in droves to join the
Communist front organizations of that era ; that many of them actually
became members of the Communist Party in the deluded idea that they
were striking a blow for humanity on a world-wide basis. After World
War II, w'hen it became apparent that the Communists had been using
us for their own hypocritical purposes during the time they were collab-
orating with us against a common enemy, and with their enslavement
of the six Balkan nations behind the Iron Curtain, their acceleration
of Communist Partj^ activity in the United States and their espionage
activities that were exposed throughout the world, these American
intellectuals became disillusioned. They were faced with the necessity
of shrouding their Communist Party front affiliations and their Com-
munist Party membership in the deepest secrecy, and it was therefore
quite easy for them to adopt the idea that Communism was not so bad.
Then, too, we were engaged against the Italian and German Fascists in
a common cause with the Red Army, and consequently many Americans
adopted the idea that while Italian and German Fascism were evil,
Russian Fascism was relatively innocuous.
Whatever the basic causes for this phenomenon among the American
intelligentsia, it constitutes a formidable obstacle to the effective pro-
tection of colleges and universities against subversive infiltration by
members of the Communist Party, or individuals under Communist
discipline. People who have been banded together in Communist Party
activities, acting in a tight conspiratorial group, or engaged in a com-
mon cause through front organizations, are inclined to protect one
another after leaving this type of activity. Thus in a university the
ultra-liberal Left composed of individuals who have been party members
or active in front organizations find it expedient to protect one another
against exposure, thereby forming a somewhat antagonistic clique
against their more conservative colleagues. A university professor,
Morton Cronin, who was associate professor of English at Los Angeles
City College, has recently declared that the outwardly serene collegiate
air frequently serves as a veneer under which there exists an academic
jungle where the competition is indeed savage and where each depart-
ment solidly establishes its own moral, sociological, political and aca-
demic standards which it nurtures and perpetuates by inflicting quick
academic penalities on anyone who violates them. He tells us that am-
bitious 3"oung graduate students are being steeped in the liberal tradi-
tion, and continues by declaring that :
"The world of academic liberals, in short, is saturated with
careerism. There is a kind of liberal who cannot conceive a greater
48 UN-AMERICAN ACTIVITIES IN CALIFORNIA
tragedy than to lose his job or fail a promotion. "When he feels,
as he occasionally does when someone is sacked because of his
politics, that America is no better than Kussia, he is being quite
sincere. For him nothing could be worse than to impede a man's ad-
vancement in the world. But this sympathy does not extend to
conservatives — businessmen, professional men, and publishers, for
instance, whose views conflict with his. He will merrily cheer a
boycott among their customers, clients and subscribers. And, what
is more to the point, his sympathy does not extend to his con-
servative or independent colleague who finds himself unpopular
because of his departures from liberal doctrine. ..."
"Liberals," continues Professor Cronin, "may err at times,
but are quite incapable of committing a real sin. * * * This is
why so many liberals who have flirted with Communism now feel,
even in the face of genuine disillusionment, no actual guilt. They
feel, in fact, that their mistake was one that any decent person
should have made.
"The morally complacent, since they feel that they are never
really wrong, easily become morally authoritarian. * * * " 22
We have observed this antagonism of the extreme liberal members
of college faculties toward even the mildest of their conservative col-
leagues and we have discussed this phenomenon with responsible faculty
members at several large universities. In many instances we have
found honest liberals w^ho would be indignant if accused of conducting
their academic researches in a biased and unscholarly manner ; yet
their prejudices run so deep that they will stubbornly proclaim the
innocence of Hiss and Oppenheimer without even reading the tran-
scripts and the official reports in these cases — documents easily pro-
cured from the United States Printing Office, Division of Public Docu-
ments, Washington 25, D. C.
During the last war these same liberals would have been aghast if
members of the German-American Bund had been allowed to teach
political science — or law. And the Bund was only a front organization.
But if members of the American-Russian Institute or the California
Labor School or the Jefferson School of Social Science wanted to teach
■ — then, by some peculiar process of the liberal-academic mind, it became
quite proper. The Nazis and the Bund were subversive ; the Communists
and their fronts and their training schools are also subversive, this
could not be denied — but it was wrong for the former to teach but
quite all right to open the halls of ivy to the latter.
While on this topic we should at least make some passing reference
to what seems to us an example of how the normal precision and
objectiveness of true scholarship may be warped by prejudice. Several
years ago a book was financed by one of the large tax-exempt founda-
tions as a part of some studies in civil liberties. This particular book,
2= Abstracted from The Individualist, Vol. 3, No. 1, Intercollegiate Society of Individ-
ualists; see National Review, Dec. 20, 1958, p. 392.
UN-AM I<:RICAN activities in CALIFORNIA 49
The Tenncy Committee, was written by Edward L. Barrett, Jr., Pro-
fessor of Law at the University of California in Berkeley. We wish to
make it clear that we cast no aspersions on Professor Barrett's loyalty,
but we are convinced that he was yet another sincere liberal whose lack
of practical experience in the amorality of Communism led him to act
as an innocent victim of a smear job.
While Professor Barrett wrote this book, there is no question about
the fact that the entire study, including? the attack on the committee,
was directed by Professor Walter Gel horn, a faculty member on the
staff of the largest Communist indoctrination center in the United
States : The Jefferson School of Social Science.
Anyone certainly has the right to criticize the committee or any
agency of government or any public official and many have availed
themselves of the privilege. Suppose Professor Gelhorn had been teach-
ing at a school for the training of kleagles of the Ku Klux Klan, or
in an academy operated by Gerald L. K. Smith, or in a school for the
perpetuation of Naziism. We are convinced that the reaction against
the selection of a man with such a background would have provoked
an immediate, loud and insistent objection from the highly alert and
articulate Left. But the fact that a professor in a Communist school
was acting as the editor-in-chief of a study of a committee investigating
Communism provoked no ripple on the academic waters. The Legis-
lature has taken the position, based on pertinent information, that no
person under the discipline of the Communist Party should be afforded
the privilege of teaching in the schools of this state. This attitude
was expressed in legislation that provided boards of education with
the necessary authority to fire teachers who sought refuge by invoking
the Fifth Amendment when questioned about subversive affiliations
and activities, or who defied the board of education by refusing to
discuss these matters or revealing their membership in the Communist
Party.^^
This legislation has been used with success by the Los Angeles City
Board of Education, and its constitutionality has been uniformly up-
held in a series of suits instituted and vigorously prosecuted by several
teachers. The law does not, however, reach the Communist teacher
concerning whom there is no available evidence of affiliation with the
party since September 10, 1948, which is the period specifically covered
by the act. Formal membership in the party has always been difficult
to prove, and since no cards or books have been issued to members
since 1947, the period covered by the act coincides with the period
of extreme caution by Communists to conceal the identity of members.
The persistent investigations, exposures, prosecutions and disruption
of leadership mentioned earlier have been largely responsible for this
retreat to underground positions and the elaborate precautions set
in operation by the party for its own protection. Thus, while many
See Senate BiU No. 1367, Ch. 1632, Stat. 1953; an act to add Ch. 2 to Div. 7 of the
Education Code, and to add Sec. 14130.5 to said code, and to amend Sees. 13521
and 13526 of said code, relating to School District employees.
50 UX-AMERICAN ACTIVITIES IN CALIFORNIA
members whose Communist activities precede 1948 have impressive
and easily documented records, those who have become members since
1948 are much more difficult to expose.
Detecting Communist Teachers
While these undercover members can often be slipped into our
schools, the supply is begining to run thin. And if a teacher or uni-
versity professor teaches without trying to influence his colleagues or
indoctrinate his students for any considerable length of time, he is not
only useless to the party during that interval but his enthusiasm tends
to wane because of this inactivity. We have learned from the testimony
of hundreds of former Communists who spent many years in the party
apparatus that their lives are completely dedicated to Communist work,
and every waking hour is devoted to some sort of Communist activity.
Operating at such a feverish pitch the average party activist has little
time for critical analysis of the party, and his enthusiasm is kept
aflame by constant association with his comrades in an endless series
of front organization activity and secret partj^ meetings. The instant
an undercover teacher is permitted to become active he must do so by
spreading the party line as subtly as possible to avoid detection and
exposure; he must make contact with his colleagues and urge them to
attend at least a few meetings of organizations that espouse the Com-
munist partj^ line, and he must carry on these activities constantly,
reporting the results thereof for evaluation by his party superiors. This
is a very difficult thing to do, and the job is becoming more difficult
in direct proportion to the degree of exposure and education of the
public at large, and school administrators in particular, in the tech-
niques and methods employed by just this type of Communist.
Issuance of a Communist book or card, embossed with the hammer
and sickle and containing little spaces for the pasting of dues stamps,
is, after all, merely a symbol of membership, a matter of bookkeeping.
The real and only infallible test to be applied is to determine by an
individual's activities and affiliations over a long period of time
whether or not he is under Communist Party discipline and performing
his Communist duties in accordance with the current party line. This
is not a very difficult matter to determine, because the undercover
Communist is always on the horns of a dilemma: if he lies dormant
thereby guaranteeing that he will not be exposed and rendered useless
to the movement, he is without value to the party; if he is activated
and carries on his Communist duties according to plan, he invariably
risks exposure and is ultimately rendered useless. Consequently, the
most valuable weapon that can possibh' exist to combat Communist
infiltration — not only in our school system but throughout the entire
fabric of our government and our way of life— lies in a complete
familiarity with the nature of the Communist movement, its history,
its growth, its physical organization, its ideology, its discipline, the
constantly changing international party line which is invariably echoed
UN-AMERICAN ACTIVITIES IN CALIFORNIA 51
in this country, and the little tricks and artifices the Communists em-
ploy. Armed with this type of information the problem becomes greatly
simplified, and so successful has been the dissemination of accurate
information that the Communist Party, in 1952, was compelled to take
a drastic step and to declare positively and clearly that it would
attempt to bring about a change in the legal precedents established
by the Supreme Court of the United States in order to give themselves
time to gather their forces and renew their subversive efforts under
more favorable legal circumstances. We will discuss that matter in
detail in a later section dealing with Communist penetration of our
legal system.
Can Communists Teach Objectively?
It has been emphasized many times by official agencies charged
with the duty of investigating these matters, and by the testimony of
many former Communist teachers, that no person can become steeped
in Communist literature, subjected to the rigidity of Communist dis-
cipline, thoroughly imbued with the Communist ideology, and then
step into a classroom and do objective teaching. Any layman who has
the slightest knowledge about the practical aspects of the Communist
movement knows that this is true. Bella V. Dodd, Ph. D., was formerly
an undercover Communist member of the New York Teachers' Union,
and for a time operated its legislative program. Dr. Dodd masqueraded
for many years as a non-Communist liberal, stoutly denying her Com-
munist affiliations and earnestly supporting the Communist cause until
she became disillusioned, broke with the party and rendered her coun-
try an invaluable service by giving the benefit of her experiences to
the Senate Judiciary Subcommittee on Internal Security. In testifying
before that body she said, in part :
"All Communist teachers who read the literature of the Com-
munist Party and of the Communist movement cannot help but
slant their teaching in that direction. I was a teacher of economics,
and of political science, and it was very easy for me to slant my
teaching that way. As a matter of fact, I wasn't even conscious
of slanting it. That was the way I was thinking, and that was
the way I was teaching it, because I had become imbued with the
whole philosophy and system of Communism. * * * Yes, Commu-
nism is a total philosophy. If you believe in it you live it, you
breathe it, you teach it. * * * You take it with you seven days a
week, 24 hours a day. * * * The students wouldn 't recognize it as
Communism; nobody else might recognize it as Communism. But
there is no doubt in my mind that the Communist teacher teaches
the Communist way. ' ' ^^
There are some teachers and educators who maintain that members
of the Communist Party should have the same right to teach in our
educational institutions as any other member of a legal organization
2* Testimony of Bella V. Dodd, Ph.D., before Senate Internal Security Subcommittee,
March 10, 1953, pp. 543, 544.
52 UN-AMERICAN ACTIVITIES IN CALIFORNIA
providing they are academically equipped to do so. This group urges
that the only reason Communists should be fired is when they are
caught indoctrinating students in the classroom with Communist ide-
ology. We hasten to point out that in order to monitor every teacher
and every professor in every class that might be used as a medium
through which to indoctrinate students with Communist theories, each
school would have to maintain a staff of investigators and informers
of enormous size, and that such an activity is completely reprehensible
and inimical to our American way of life. The operation of any such
undercover organization of investigators would truly strike a serious
blow at academic freedom and destroy the very processes we are en-
deavoring to preserve. Furthermore, in our opinion, it is quite unneces-
sary to resort to such tactics. We have been accused in the past of
having used such a system on the campuses of California universities,
and we have denied the charge with all the emphasis at our command.
AVe still deny it and reaffirm that we have no intention of adopting any
such system. At the same time, we assuredly have no intention of dis-
closing our confidential sources of information to the Communist Party
or any of its supporters.
The Objective Teaching of Communism
It is a gratifying privilege to be able to report that in California
during the last four years there has been a growing awareness among
university students concerning the true nature of the Communist
menace, and a far greater resistance to attempts at indoctrination. Ke-
ports from the major universities in the state, as well as from many
of the state and junior colleges, indicate that as these institutions have
been concentrating more on objective teaching about the origin, devel-
opment and operation of the Communist Party and the world Com-
munist movement, there has been a steady decline in Communist
activities on the campuses. This is not to say that the danger is by
any means over; we will point out at the conclusion of this article
persuasive evidence that the menace is still very much with us, but
it is definitely on the decline and we see no reason to anticipate that
the decline will not continue. The expulsion of the Los Angeles Feder-
ation of Teachers from the American Federation of Labor, the exposure
of the United Public Workers of America as a Communist front organ-
ization that was directing the activities of the Los Angeles Federation
of Teachers in the southern part of the state, and the co-operation
between educational administrators and this committee, have all con-
tributed toward the common objective of preventing the infiltration
of our educational system by members of subversive organizations.
In July, 1957, Assistant Secretary of State Francis 0. Wilcox
addressed the National Educational Association's Centennial Conven-
tion in Philadelphia, and declared it imperative that the cold, hard
facts about Communism, both in theory and in practice, be taught in
the schools and colleges throughout the country. He was followed by
James B. Conant, former president of Harvard, who has declared on
UN-AMERICAN ACTIVITIES IN CALIFORNIA 53
many occasions that no person under Communist discipline should be
permitted to teach in an educational institution. Now that we have
been jarred out of our complacency by the realization of the astounding
progress the Soviet Union has been making in the scientific and educa-
tional fields, we have begun to re-examine our own educational system.
The slowly mounting resistance to the blandishments of these subtle
recruiting techni(iues in our educational institutions is apparently not
confined to California. At Harvard a group of students recently got
fed up with listening to the ai)()stles of Marxism, and became particu-
larly resentful when Dr. J. Robert Oppenheimer was welcomed as a
featured speaker on the cam])us. Joining with influential alumni who
had also become disgusted, thej^ formed an organization called The
Veritas Foundation and started a backfire. This move attracted such
quick and widesijread support from other universities that it is now
national in scope with headquarters in New York City.^°
At the University of North Carolina the student paper recently ob-
served that : ' ' The University used to be a political hotbed. It used to
be a place where Communism ran rampant and radical organizations
sprang from the ground. There are no such organizations currently
present on the campus. * * *" -^
Brooklyn College
Brooklyn College in New York is a good example of how students
reject Communist attemjots at indoctrination and recruiting once they
are equipped with information that enables them to understand this
subversive movement for what it really is. During the thirties, and
until the middle forties, Brooklyn College had the reputation of being
one of the most heavily infiltrated institutions in the nation. There
was an exceedingly active branch of the Young Communist Ijeague at
the college, and its members obtained solid control of the student news-
paper, perpetuating each other in key positions on the editorial staff
year after year and using the paper as an influential propaganda
weapon. In a previous report we have described an identical technique
that was used by the Communist group at U. C. L. A. At Brookljai
College there were the usual well-organized and rebellious demonstra-
tions against constituted authority, there were picket lines and circu-
lation of leaflets, recruiting was widespread, front organizations flour-
ished, and, in short, there was the general and familiar pattern of
activity that is characteristic of every institution where Communist in-
filtration is allowed to get out of control.
With the advent of a new president. Dr. Harry D. Gideonse, there
came a stiffening of the administration's attitude toward this problem.
Dr. Gideonse was not only aware of the real menace of Communism,
he was also thoroughly familiar with its amorality, its tricks and its real
objectives. Furthermore he displayed a remarkable sense of perspective
25 The Veritas Foundation, P. O. Box 340, New York 5, New York.
28 Excerpt from The Tar Heel, University of North Carolina ; see National Review,
Dec. 20, 1958, p. 392.
54 UN-AMERICAN ACTIVITIES IN CALIFORNIA
that was reflected in his determination to effect a transition of power
from radical stndent leaders who were primarily concerned with per-
petuating their political ideas, to student leaders who were interested
in the college as a college and at the same time to preserve academic
freedom in its true sense.
The student paper was emancipated from the grip of the radical
clique ; every outburst of party-line propaganda was countered by a
calm and well-reasoned statement on the president's bulletin board;
courses in Kussian and on the history of the Communist movement were
established, and the situation was gradually but firmly brought under
control.
President Gideonse has, like Chancellor Raymond Allen at IT. C. L. A.,
written some excellent articles on the problems of Communist infiltra-
tion. He, like Dr. Allen, has been to the Soviet Union, and he is
admirably equipped to maintain constant vigilance against a resump-
tion of subversive infiltration at Brooklyn College, and at the same time
to preserve its academic and democratic integrity. There are still radi-
cal student groups at the college and they exist in complete freedom — •
but they are not subversive.
It has been charged that President Gideonse has throttled freedom
of the press by wresting control of the paper away from the radicals
and restoring it to the students at large so it can present a divergence
of views instead of one ideology. There has also been some criticism of
his alleged tendency to insist upon a conformity to the conservative
point of view. But this sort of thought comes mostly from the extreme
left and ignores the fact that in this college, with 85 percent of the
students Jewish, 11 percent Catholic and 4 percent Protestant, the re-
jection of Communism has come from the students themselves. They
show little evidence of being cowed or regimented by the administra-
tion ; their emphasis is on getting an education instead of participating
in radical politics.-^
If one student is subjected to intensive recruiting pressure, succumbs
through a lack of knowledge of Communism, and gets drawn into the
vortex of the conspiracy to the point of no return, he can and usually
does cause untold damage to our society. Take the case of Abram
Flaxer.
According to an abundance of sworn testimony by many witnesses,^^
Flaxer was born in Lithuania on September 12, 1904, came to the
United States in 1911, and obtained derivitive citizenship in 1917. After
graduating from Boyce High School in Brooklyn, he entered New York
City College where he was successfully indoctrinated with the Commu-
nist ideology. He did graduate work at Columbia Avhere the indoctrina-
tion was accelerated and he became a party member. He used an alias,
or party name, John Brant, and although having majored in science
he devoted much of his time to the performance of party work in trade
unions.
^ See "Brooklyn College," by David Boroff, Harpers, Dec, 1958, p. 42.
28 See : United Public Workers of America, report of Senate Internal Subcommittee,
1952.
UN-AMERICAN ACTIVITIES IN CALIFORNIA 55
In 1936, Flaxer became President of the ITnited Pnblic Workers of
America, a union that was expelled from the C. I. 0. 14 years later
because, as the parent organization put it: "* * * The policies and
activities of the UPW are consistently directed toward the achievement
of the program and purposes of the Communist Party rather than the
objectives and policies set forth in the C. I. 0. Constitution."
This Communist-dominated union was comprised of members who
were employed by the munipical, state and federal governments and
who occupied many highly sensitive positions. By 1952, the United
Public Workers of America had absorbed the State, County and Mu-
nicipal Workers of America and its membership totaled 35,000 persons.
There was one postoffice local in Los Angeles.
In previous reports we have documented many instances where grad-
uates of the state university and other California educational institu-
tions have become indoctrinated while attending school and then went
on to occupy extremely high and influential positions in the Communist
apparatus of this country. We wish to make it crystal clear, and can-
not overemphasize the fact, that while there has been an apparent
waning of Communist activities in the California universities and col-
leges, and that this seems to be reflected in other institutions throughout
the country, the danger is still with us. There has been a growing
resistance on the part of students that comes with the possession of
facts concerning the real nature and practices of Communism. But we
must also bear in mind that the Communist Party is now working
underground ; that it has adopted the Khrushchev directive of working
through liberal non-Communist organizations instead of through its
own front groups, and that Communist activity is much harder to
detect than it was during the period when the party was working in
the open.
Reverting once more to Brooklyn College, since we have selected
this as formerly one of the heaviest-infiltrated institutions in the
country, we find the following faculty members who invoked the Fifth
Amendment regarding their Communist Party membership, or ad-
mitted such membership, when questioned by the United States Senate
Internal Security Subcommittee.-^
They were Joseph Bressler, Assistant Professor of Health and Edu-
cation, who invoked the Fifth Amendment on February 10, 1953;
Frederic Ewen, Assistant Professor of Literature, who followed the
same procedure on September 24, 1952; Irving Goldman, instructor in
Anthropology, who admitted having been a member of the Communist
Party until 1942, in a session of the subcommittee held on April 1,
1953; Elton Gustafson, instructor in health and education, who in-
voked the Fifth Amendment on past and present membership in the
Communist Party on February 24, 1953; Eugene Jackson, instructor
of German and former Chairman of the Foreign Language Depart-
28 See : "Subversive Influence In the Educational Process," report of the Subcommittee
to Investigate the Administration of the Internal Security Act and other internal
security laws to the Committee on the Judiciary, United States Senate, Eighty-third
Congress, First Session, July 17, 1953.
56 UN-AMERICAN ACTR'ITIES IN CALIFORNIA
ment of the New York City Schools, who invoked the Fifth Amendment
on September 23, 1952; Alex Benjamin Xovikoff, part-time instructor
in Biology who invoked the Fifth Amendment on April 23, 1953 ; Melba
Phillips, instructor in Mechanics and Physical Science, who invoked
the Fifth Amendment on October 13, 1952; Sara Riedman, assistant
instructor in Biology, who invoked the Fifth Amendment on October 13,
1952; Harry Slochower, Associate Professor of German, who invoked
the Fifth Amendment on September 24, 1952; Bernhard J. Stern,
instructor in Chemistry, who invoked the Fifth Amendment on Sep-
tember 24, 1952, and Murray Young, instructor in English, who invoked
the Fifth Amendment on February 24, 1953.
It is interesting to note the results of the series of hearings whereby
the Internal Security Subcommittee investigated infiltration of the
educational process of the country by the Communist Party. In the
preface to the report heretofore referred to, the subcommittee said :
"The Internal Security Subcommittee, in the second year of its
inquiry into Communist penetration of the educational sj'stem,
held hearings in Washington, New York, Boston, and Chicago.
The subcommittee was continuing under Chairman William E. Jen-
ner (R., Ind.) the inquiry into Communist penetration into the
educational process begun in 1952 under the chairmanship of
Senator Pat McCarran (D., Xev.).
Altogether it heard more than a hundred witnesses in the field
of education in public session and many more in executive session.
Of this number 82 educators, about whom the subcommittee had
evidence of Communist Party membership, refused to answer ques-
tions about their Communist affiliations, invoking instead their
constitutional pri^dlege against self-incrimination. Three others
admitted Communist Party membership, but defied the committee
in refusing to supply further details. Twenty were responsive wit-
nesses.
Of the 82, 40 were faculty members or emploj^ees of 16 differ-
ent universities. The others were teachers in secondary- school or
persons who held other positions in the educational sy.stem.
The subcommittee received impressive evidence from former
Communist organizers that the Soviet organization was continu-
ously engaged in a plan to penetrate our educational institutions at
every possible point, thus posing a serious threat to our national
security. The Communist agents who spun the very real web of
conspiracy and intrigue within the framework of the United States
Government departments, in almost all cases, were cradled in our
distinguished universities and colleges. The subcommittee observed
that the universities and colleges are, understandably, more and
more participating in government, creating policy and shaping our
national destiny and that the expressions and sentiments of educa-
tors are more and more flowing into the main stream of our
national culture.
UN-AMERICAN ACTIVITIES IN CALIFORNIA 57
The subcommittee's function in the educational field is to
examine the workings of the Communist apparatus and to deter-
mine whether it is necessary to have additional legislation against
new and undefined crime. The subcommittee has no authority or
power to prosecute for criminal action. That is the function of the
prosecuting arm of the executive branch of the government. It is
the function of the legislative branch of the government to go
forward and determine whether or not new laws are necessary or
old laws are outmoded. For these reasons, congressional committees
must operate in an area where actions dangerous or undesirable to
the public welfare are not yet defined in the law as crimes. This
distinction was the determining factor in setting up our standards
and procedures.
At the beginning of this year, Senator Jenner issued for the
subcommittee a statement of policy in which he said : ' If a totali-
tarian organization such as the evidence shows to exist in our
nation's schools is allowed to flourish in our institutions of learn-
ing, unexposed and unchecked, not only will our youth be infused
with seeds of their own and the nation's destruction, but academic
freedom, the right to free inquiry, the right to dissent, the develop-
ment of our culture, and the right to express free ideas and free
thoughts will be choked and stifled.
* * * Our purpose is to protect and safeguard academic
freedom. Academic freedom is under attack by a monstrous growth
no individual or community of scholars can fight alone. Traitors
cannot operate in the free market if armed highwaymen constantly
harass them from secret hideouts on the public roads. The free
market of ideas cannot function if hidden conspirators are waiting
at every vantage point to break and destroy the loyal people who
are going quietly about the business of teaching our youth to the
best of their ability.
Our committee is not concerned about telling the leaders of our
schools and colleges what to teach, or how to teach. It is concerned
with showing them where this alien conspiracy is hidden, that it is
fully armed with every weapon, waiting to attack at every vantage
point. It is concerned with helping our academic leaders to meet
the threat. There can be no academic freedom until this Soviet con-
spiracy hidden in our schools and colleges is exposed to the light,
and the rule of Moscow over its adherence in the educational world
is broken.' " ^o
So far as the situation in California is concerned, the committee need
only remind interested readers that a few years ago we reported the
case of a young student who received his first Marxian indoctrination
while attending high school in Southern California, then went to Stan-
ford University where he was recruited into the Communist Party and
30 Subversive Influence in the Educational Process, Senate Internal Security Subcom-
mittee, op. cit, pp. 1 and 2.
58 UN-AMERICAN ACTIVITIES IN CALIFORNIA
developed for high-level Communist work abroad. Finally realizing the
inherent danger of this type of work in the Communist apparatus and
resolving to break away from the party, this young man left Stanford
against the wishes of his Communist superiors and started his studies at
U. C. L. A. His dead body was found in the basement of a student dor-
mitory near the campus shortly after he had attended a Communist
Party function in downtown Los Angeles with four students who were
also members of the apparatus. According to expert witnesses, including
the chief autopsy surgeon of the Los Angeles County Coroner's Office,
this young man was murdered in order to prevent him from disclosing
what he had learned about high-level operations of the party abroad
and on the Pacific Coast. The committee still has an abundance of
documentary proof, including the death threat, that was received by
this young man from his Communist superiors.
In 1956, there was a similar instance at U. C. L. A. where a graduate
student was found dead in his apartment, and again expert testimony
established the fact of his murder and the committee retains in its
possession records of his attendance at Communist functions and meet-
ings with important Communist functionaries that amply demonstrates
a motive to keep him from making more disclosures. This latter young
man was not a member of the Communist Party, and had not been sub-
mitted to its discipline so far as we know.
There is not the slightest doubt about Communist infiltration of
California institutions of higher learning. The Communist Party would
obviously be idiotic to suddenly neglect this abundant field for recruit-
ing and indoctrination, and for the development of reliable members
who can keep the underground apparatus of the party informed about
current strategic defense researches that are being carried on in our
universities.
When this committee undertook to make some inquiries about sub-
versive infiltration at the University of California in 1952, there was a
storm of faculty protest. Three years later the Fund for the Republic
undertook a completely unofficial and gratuitous investigation in the
same identical field. In the first instance the committee and the presi-
dent of the university, then Dr. Robert Gordon Sproul, were made the
objects of a tirade of abuse, innuendo, unsupported accusations and
attacks from all quarters — including the leftwing element in some of
the Bay area newspapers — simply because the State University and
the State Legislature presumed to co-operate for the purpose of deter-
mining the extent of subversive infiltration of the institution and to
take such mea.sures as might be deemed necessary to combat it. When
the Fund for the Republic set up shop in April, 1955, for the purpose
of making a detailed study of civil liberties, loyaltj^ and subversion in
connection with the universitj^, there was not a whisper of protest.
Even when representatives of the Fund for the Republic circulated a
detailed and loaded questionnaire among the faculty members there
were no eruptions from the faculty about this nosiness, no expressions
of indignation from the Academic Senate because the Fund for the
UN-AMERICAN ACTIVITIES IN CALIFORNIA 59
Republic presumed to pry into university affairs, there was no dis-
pleasure because the academic freedom of the institution was being
damaged. The American Civil Liberties Union looked on with tacit
approval, and there was no objection from the Regents of the univer-
sity at this unofficial snooping expedition. The Fund for the Republic
established a base of operation within walking distance of the university
campus and happily set about quizzing everybody it could find, and
actually making a written survey which would indicate to whomever
might be interested the division between the pro-Communist, ultra-
liberals, freewheeling Socialists, and fellow travelers on the one hand,
and the usually inarticulate, conservative faculty members on the other.
Many of the questions propounded in this Fund for the Republic survey
are of great significance.
If we had undertaken to make this survey in writing there would
have been a truly earth-shaking revulsion. Why ? Why this supine sub-
mission by faculty and acquiescence by administration to this under-
taking by an unofficial, purely gratuitous, self-ai^pointed group, and
such violent resistance when, without going to anything like these
extremes, the Legislature sought to tender its services in a co-operative
effort to stem the tide of subversive infiltration? The highly vocal
spokesmen for the ''liberal" clique are quick to protest about the inva-
sion of academic freedom, but they apparently have one standard for
those who seek to protect the state against subversion in the perfor-
mance of official duties, and another standard for the same kind of a
survey in greater detail by written questionnaire by an unofficial organ-
ization like the Fund for the Republic. We consider this questionnaire
of such importance that we set it forth herewith, all italics being
emphasis added by the committee.
Faculty Questionnaire, Fund for the Republic Study, April, 1955
Q. 1-a. Is it your impression that there is greater concern these days
than six or seven years ago on the part of the public and groups
outside the college over teachers' political opinions and what
political matters are taught in the classroom, or not?
Greater concern ; not greater concern ; don't
know
b. In general, do you feel this greater concern has caused any
harmful effects on the climate of freedom in the country, or do
you think this charge of harmful effects has been overdone ?
Caused harmful effects ; charge overdone ; not
sure
c. In what ways does this greater concern cause harmful effects ?
Any others ?
d. Can you tell me any advantage in this greater concern on the
part of the public? Any others?
60 UN-AMERICAN ACTIVITIES IN CALIFORNIA
e. Now, while there may be disagreement over the seriousness of
the effect of this greater concern, let's talk for a moment about
the areas that some people say might be affected in a harmful
way. Here is a list of such areas. (Hand respondent card.) If
you had to make a choice, can you tell me the one area on the
list where you think the most harmful effects might be felt ?
It impairs the intellectual role a college should play in a
democracy ; It discourages constructive public discus-
sion of important issues ; it degrades the academic
profession ; it prepares the ground for totalitarianism
; it really has no serious effects
Q. 2-a. In the past few years have you felt that your own academic
freedom has been threatened in any way or not ?
Threatened ; not threatened ; don't know
b. In what Avay or ways do you feel your academic freedom has
been threatened ?
Q. 3-a. Do you feel there is a greater threat to intellectual activity
in America than there was a generation ago, less of a threat,
or don't you see any difference?
Greater threat ; less of a threat ; no difference
; don't know
b. TVhat is that greater threat? Anything else?
Q. 4. There has been a good deal of discussion recently about
whether or not the proposed admission of Ked China to the U. N.
is a proper subject for intercollegiate debate.
a. How do you feel about it ; do you approve or disap-
prove of intercollegiate debates on the admission of Red China
to the U. N. ?
Approve ; disapprove ; don't know
b. Suppose you were a faculty adviser to the debating team right
here and the president told you he wouldn't allow the team to
debate the admission of Red China issue, would you protest vig-
orously to him, or just say you disagreed and leave it at that,
or would you accept his order and not say anything?
Protest vigorously ; just say disagree and leave it
; don't know ; comments:
c. Suppose the president of this college (university) said that
he wanted the team to debate the admission of Red China issue,
would you do anything about it?
Yes ; no ; don't know
4. What would vou do ? Auvthinsr else ?
UN-AMERICAN ACTIVITIES IN CALIFORNIA 61
Q. 5-a. Suppose you were faculty adviser to a student organization
here on this campus that proposed inviting Ov\^en Lattimore, Far
Eastern expert (now under indictment in Washington), to speak
at a public meeting here. Do you think Lattimore ought to be
allowed to speak here or not?
Out to be allowed ; ought not to be allowed ;
don't know
d. Suppose the president did ban Lattimore from speaking and
the students who invited him asked you to join with them in
protesting the ban. Would you protest the ban vigorously, or
just say you disagree and leave it at that, or would you accept
his ban and not say anything?
Protest vigorously ; just say disagree and leave it
; not say anything ; don't know
c. Suppose the president of this college (university) said that
he would not interfere with the invitation to Lattimore, would
you do anything to try to prevent his appearance on this
campus ?
Yes ; no ; don't know
d. What would you do ? Anj^thing else ?
Q. 6. Here is a list of things tJiat some people say have happened
to social science facility memlters. I wish you would run down
the list and then tell me for each whether or not this has hap-
pened to you or crossed your mind here at (name of col-
lege/university). (Hand respondent list.)
1. Have some colleages here on the campus ever given you ad-
vice on how to avoid getting into political trouble at this college?
Yes ; no ; don't know
2. Do you find yourself being more careful now and then not
to bring up certain political topics with your colleagues in order
not to embarrass them?
Yes ; no ; don't know
3. Have you noticed more of a tendency lately in social gath-
erings on the campus to avoid controversial political topics?
Yes ; no ; don't know
4. Do you find in your recommendations of reference materials
to students that you are more careful today not to recommend
something that might be later criticized for being too contro-
versial ?
Yes ; no ; don't know
5. Have you ever wanted to join an organization, and despite
the possibility of personal criticism for joining it, you went
ahead and became a member an^'way ?
Yes : no-- ; don't know
62 UN-AMERICAN ACTIVITIES IN CALIFORNIA
6. Do you find in your conversations with your fellow faculty
members that there is lots more talk these days about teacher
firings than other political security problems?
Yes ; no ; don't know
7. Do you feel more inclined these days to advise the student
political group not to take extreme positions for their own well-
being ?
Yes ; no ; don't know
8. Have you ever wondered that some political opinion you've
expressed might affect your job security or promotion at this
college ?
Yes ; no ; don't know
9. Have you ever thought about the possihility that the adminis-
tration of the college has a political file or dossier on every fac-
ulty member, including yourself?
Yes ; no ; don't know
10. Do you find that you are more hesitant today to sponsor a
student political group that advocates unpopular ideas ?
Yes ; no ; don't know
11. Do you ever find yourself wondering if because of your
politics or something political you said or did that you might
be a subject of gossip in the community?
Yes ; no ; don't know
12. // a student had told you about some 2>olitical indiscretion
in his youth, hut now you were conviyiced of his loyalty, and if
the FBI came to you to check on that student, would you report
this incident to the FBI?
Yes ; no ; don't know
13. If .you were to hire a teaching assistant, would you wonder
if his political background might possibly be embarrassing to
you?
Yes ; no ; don't know
14. If you were considering a move to another college, have you
wondered if anyone at that college would ask anyone at your
present college about your political background and political
biases you might have in your teaching?
Yes ; no ; don't know
15. Have you toned down anything you have written lately be-
cause you Avere worried that it might cause too much contro-
versy ?
Yes ; no ; don't know
16. Have you worried about the possibility that some student
might inadvertently pass on a warped version of what you have
said and lead to false ideas about your political views ?
Yes ; no ; don't know
UN-AMERICAN ACTIVITIES IN CALIFORNIA 63
17. When you have private talks outside of the classroom with a
student whose views are unpopular do you try to help him to
conform to the prevailing views on the campus?
Yes ; no ; don't know
18. Have you ever wondered if there was something political
you said or did that would cause you to become unpopular with
any group of alumni?
Yes ; no ; don't know
19. Have you occasionally refrained from expressing an opinion
or participating in some activity in order not to embarrass the
trustees of the college administration?
Yes ; no ; don't know
20. Have you recently wanted to express publicly a political
point of view on something, and despite your worry that you
might be criticized for saying what you did, you said it just
the same?
Yes ; no ; don't know
21. Do you occasionally go out of your way to make statements
or tell anecdotes in order to bring home the point directly or
indirectly that you have no extreme leftist or rightist leanings?
Yes ; no ; don't know
Q. 7-a. Have you signed any loyalty oath here at this college in
which you pledged to disavow all subversive activities and ideol-
ogies ?
Yes ; no ; don't know
b. Did you welcome the chance to sign the oath, or did you feel
some reluctance about signing it, or didn't you have any strong
feelings one way or the other?
Welcomed the chance ; reluctant about it ; no
feelings either way
c. Why did you sign it — ^because you felt your job was at stake
or that it wasn 't worth making an issue over this, or what ?
Job at stake ; not worth making issue over ;
other
d. Suppose you were asked to sign an oath in which you pledged
to disavow all subversive activity and ideologies, would you re-
fuse, sign it with some reluctance, or welcome the opportunity?
Refuse ; sign with reluctance ; welcome oppor-
tunity ; don't know
e. What's the main reason you feel this way? Any other rea-
sons?
f. Why would you sign it — because you would feel that your job
was at stake or that it wasn't worth making an issue over this,
or what?
Job at stake ; not worth making issue over ;
other
64 UN-AMERICAN ACTRHTIES IN CALIFORNIA
Q. 8-a. Have you ever worked on a project or received a government
grant or worked for the government at a job in which security
clearance from the government was necessary?
Yes ; no ; don't know
b. Have you ever been turned down for a government job or
for work on a government project on which you suspect might
have been political grounds, or hasn't this happened to you?
Have been turned down ; hasn't happened ;
don't know
Q. 9-a. Can you tell me which periodicals dealing with politics or
public affairs you generally read — (here we don't mean tech-
nical journals) ? Any others?
b. I wonder if you would tell me what political groups or or-
ganizations interested in public affairs you belong to or make
contributions to? Any others?
Q. 10-a. Do you usually express your own political views on the
subjects you teach, or do you usually try to avoid expressing
your point of view?
Usually express own views ; avoid expressing own
views ; don't know
b. After expressing your own point of view, have you ever
wondered afterward if you should have said it or not?
Wondered ; never wondered ;
don't know
c. Can you tell me more about it?
Q. 11-a. Have you ever felt your point of vieiv on a political suhject
ivas reported unfavoraJ)ly to higher authorities or hasn't this
happened to you?
Yes ; no ; don't know
b. Can you tell me more about it? Anything else?
c. Have you ever felt that you were heing watched in a class-
room?
Yes ; no ; don't know
d. Can you tell me more about it ? Anything else ?
Q. 12-a. Leaving aside Communist groups, are there any groups
that teachers like you might belong to that you feel are likely
to be attacked as being subversive? Any others?
b. Again, leaving aside Communist publications, which publica-
tions that teachers like yourself might receive do you feel are
likely to be attacked as being subversive? Any others?
Q. 13-A. Have you ever been a member of a political group which
advocated a program or a cause which has been unpopular or
controversial, or haven 't you been a member of any such group ?
Been a member ; never been a member ; don't
know
UN-AMERICAN ACTIVITIES IN CALIFORNIA 65
b. Has anyone ever criticized you for belonging to such a group
or not?
Yes ; no ; don't know
c. Can you tell me more about that criticism? Anything else?
d. Do you think your having belonged to this political group
adversely affected your academic career, or don't you think it
had any bearing on it?
Adversely affected ; no bearing ; don't know
e. Even though nothing has happened so far, are you very wor-
ried that this past association might some day have an effect on
your academic career, only a little worried, or aren't you con-
cerned about it?
Very worried ; a little worried ; not concerned
; don't know
Q. 14-a. If someone accused you of Leftist leanings, would you
expect most, some, only a few, or hardly any of your colleagues
to rally to your support?
Most ; some ; only a few ; hardly any
; don't know
b. Now what about the administration of the college — do you
think they would support you wholeheartedly, with reservations,
or hardly at all?
Wholeheartedly ; with reservations ; hardly
at all ; don't know
Q. 15. Some claim there hardly exists an area in the social sciences
which does not lend itself to value judgment — that is, subject
to difference of opinion.
a. Now, in general, for the courses you teach, which emphasis
would you lean to: (hand respondent card)
(1) Such controversial matters should be discussed fre-
quently in undergraduate teaching because of the educa-
tional value of such discussion
(2) One should answer such questions honestly when they
come up but not seek out such discussions
(3) In times like these it is better to avoid the discussion
of such controversial issues as much as possible.
Comments
b. Have you always generally held this point of view or have
you come to feel this way in the past few years?
Always held this view ; come to feel this way in the
past few years ; not sure
3— L-4361
66 UN-AMERICAN ACTIVITIES IN CALIFORNIA
Q. 16. In teaching subjects which might require questioning of tra-
ditional values, which of these two approaches do you personally
feel is the better educational policy for teachers to follow :
(1) After proper discussion, to argue in a measured way
for his own point of view ; or,
(2) To give all sides of the question impartially without
revealing his own views
Hard to decide
Q. 17. If you had to make a choice, in general, which of these two
approaches do you think ought to be more emphasized more
in teaching the social sciences to students in their first two
years of undergraduate studies?
(1) To give the students a basic grounding of facts on the
subject ; or
(2) To get the students thinking about the problem areas
in the subject
Hard to decide
Q. 18. (Hand respondent card) (Don't read question)
In an engineering school education, it is said to be important for
students to understand the prevailing state of the mechanical
arts. In addition, their education should prepare them to make
their own original contributions and to accelerate new develop-
ments.
Some say this is directly comparable to the intellectual train-
ing of students in the social sciences. It is argued that these
students should be prepared to make their own original contri-
butions to help society to better meet the needs of its people.
How important do you see this element of creative preparation
in the teaching of the social sciences to undergraduates: An
urgent part of undergraduate teaching, or a quite important
part of undergraduate teaching, or a minor part of undergrad-
uate teaching, or not the proper function of undergraduate
teaching, or you have honestly not given it much thought?
Urgent need of undergraduate teaching , or quite
important part of undergraduate teaching , or
minor part of undergraduate teaching , or not proper
function of undergraduate teaching , or
honestly have never given it much thought , or don't
know
Q. 19. Do you feel your philosophy on how to teach is pretty typical
of that of most of your colleagues on the social science faculty
here, or do you feel your philosophy is slightly different or very
much different from that of your colleagues?
Pretty typical ; slightly different ; very much
different ; don't know
UN-AMERICAN ACTIVITIES IN CALIFORNIA 67
Q. 20-a. How closely do you follow civil liberties problems and issues
in the news — as much as any other news, more than most other
news, or not as much as other news?
As much as any other news ; more than most other
news ; not as much as other news ; don't know
b. Can you tell me which specific cases, if any, came to your
mind when I asked you this last question ? Any others ?
c. Apart from any cases here in this college, what civil liberties
or academic freedom cases, if any, have occurred around here
in this area even though they may not have been in the national
news? Any others? Tell me which specific cases, if any, came
to your mind when I asked you this last question? Any others?
d. Do you find yourself discussing civil liberties issues and prob-
lems with your friends, colleagues, or family members fairly
often, just occasionally, or hardly ever?
Fairly often ; just occasionally ; hardly ever
; don't know
Q. 21. Compared to six or seven years ago, is it your impression that
individual students are less willing to express unpopular politi-
cal views (in the classroom, etc.), more willing, or hasn't there
been much change ?
(a) In the classroom less ; more ; no change
; don't know
(b) In private talks with faculty members outside the class-
room, less ; more ; no change ; don't
know
Q. 22. Compared to six or seven years ago, is it your impression that
students seem to be less willing to form and to join student
political organizations advocating what might be unpopular po-
litical beliefs, are they more willing, or would you say there has
been no appreciable change?
Less willing ; more willing ; no change ;
don't know ; no such groups here
Q. 23. In your judgment, what are the things that could make a
member of the social science faculty here controversial? Any-
thing else?
Q. 24. Is it your impression that members of the social science fac-
ulty here are less willing (to express unpopular political views,
etc.) than they were six or seven years ago, more willing, or
hasn't there been much change?
(a) To express unpopular political views in the classroom:
less willing :; more willing ; not much change
: don't know
68 UN-AMERICAN ACTIVITIES IN CALIFORNIA
(b) To express unpopular political views publicly in the
community: less willing ; more willing ; not
much change ; don't know
(c) To express unpopular political views privately among
friends : less willing ; more willing ; not much
change ; don't know
(d) To serve as faculty advisers to student political groups
that might advocate unpopular causes: less willing ;
more willing ; not much change ; don't know
Q. 25-a. Do you have the impression that compared to six or seven
years ago, some members of the faculty here are more worried
about possible attacks and accusations on their political beliefs
and activities, less worried, or don't you think there has been
much change?
More worried ; less worried ; not much change
; have become bolder ; don't know
b. From what sources do they think the attacks might come?
Anywhere else?
Q. 26-a. Now I ivould like to ash you ahout the research your col-
leagues do, the papers they puMish, or the hooks they write, and
the speeches they make. Any or all of these; do you feel that
some of your social science colleagues here have avoided subjects
that might have political repercussions more than they might
have had six or seven years ago, less than they might have had
then, or don't you think there has been much change?
Avoid subjects more ; avoid subjects less ; no
change ; don't know
b. "Without naming names of individuals, can you give me some
specific illustrations of the sort of thing they have done in these
cases? Anything else?
Q. 27. Do you feel that in the selection of reference materials they
recommend to students, your social science colleagues here have
become more careful today, as compared to six or seven years
ago, or less careful to keep out material that might prove too
controversial, or don't you think this has generally happened?
More careful ; less careful ; have become bolder
; don't know
Q. 28-a. Have there been any cases here in this college where you feel
that academic freedom of any member of the faculty has been
threatened ?
Yes ; no ; don't know
b. Can you tell me about it? (Them?) Any others?
c. What effects did the incident (s) have on the rest of the fac-
ulty here? Anything else?
UN-AMERICAN ACTIVITIES IN CALIFORNIA 69
Q. 29-a. Has any group or person accused anyone on this faculty
here of being subversive or of engaging in any un-American
activities in the past few years?
Yes ; no ; don't know
b. Can yon tell me about it? (Them?) Anything else?
c. What did you think of the whole affair (s) ?
d. Do you feel the administration handled the incident in a way
which protected the reputation of the college (university, etc.)
or not?
Protected the reputation of the university with the public
at large: yes ; no ; don't know
Protected the rights of the faculty: yes ; no ;
don't know
Protected the educational standards of the college (univer-
sity) : yes ; no ; don't know
Q. 30. If you had to make a choice, in a case in which a member of
the faculty is accused of being subversive or engaging in un-
American activities, which do you think it most important for
the college (university) administration to protect — the reputa-
tion of the college (university) or the rights of the faculty
members ?
Reputation of college (university) ; rights of faculty
member ; depends ; don't know
Q. 31-a. Thinking hack over the last few years, do you know of any
cases of teachers here who probably would have been added to
the staff if they hadn't had controversial political views, or don't
you know of any such cases?
Know of such a case ; don't know of any case
b. Do you, know of anyone who is no longer teaching here as a
residt of his political views, or don't you know of any such cases?
Don't know of such a case here ; don't know of any
c. Do you think it is possible at this college (university) that
a man with slightly greater merit who was unconventional could
be passed over for a permanent appointment in favor of a man
with somewhat less merit who was conventional, or don't you
think that could happen here?
Could happen here ; could not happen here ;
don't know
d. Can you tell me about any cases here such as this — again
without mentioning names? Any others?
Q. 32. Compared to what you know about other academic institu-
tions, would you say that working conditions here (teaching
load, salaries, and so on) are: unusually good; good, but could
70 UN-AMERICAN ACTIVITIES IN CALIFORNIA
be improved; fair; or not good, but could be worse; or unusu-
ally bad?
Unusually good ; good, but could be improved ;
fair ; not good, but could be worse ; unusually
bad ; no opinion
Q. 33-a. Compared to what ,you know about other academic institu-
tions, by and large, would you say that relations among faculty
members here are : unusually good ; good, but could be improved ;
fair ; are not good, but could be worse ; or unusually bad ?
Unusuall}^ good ; good, but could be improved ;
fair ; not good, but could be worse ; unusually
bad ; no opinion
b. Compared to what you know about other academic institu-
tions, by and large, would you say that relations between the
faculty and administration of this college (university) are :
Unusually good; good, but could be improved; fair; are not
good, but could be worse ; or unusually bad ?
Unusually good ; good, but could be improved ;
fair ; not good, but could be worse ; unusually
bad ; no opinion
Q. 34-a. Has the faculty and the administration discussed the ques-
tions of academic freedom in joint meetings within the last
year ar not?
Yes ; no ; don't know
b. Do you feel the administration of the college has taken a
clear stand on matters of academic freedom or not?
Yes ; no ; don't know
c. How would you describe the administration's stand on mat-
ters of academic freedom? Anything else?
Q. 35-a. Of course it is possible to have events that stir up strong
feelings on the local or state as well as the national level. Which
would you say you have had more of around here — local, state,
or national controversies?
Local ; state ; national ; don't
know
b. Can you tell me about any local events that have created
strong pro and con feelings here in the past few years?
Q. 36. Is it your impression that the administration of this college
(university) is under more pressure to avoid controversy from
(trustees, etc.) than it was six or seven years ago, less pressure,
or that there hasn't been much change?
(a) Trustees: more ; less ; not much change
; don't know
(b) Alumni: more ; less ; not much change
: don't know
UN-AMERICAN ACTIVITIES IN CALIFORNIA 71
(c) The community right here: more ; less ;
not much change ; don't know
(d) The Legislature or local politicians: more ;
less ; not much change ; don't know
Q. 37. If you had to choose one, who would you say has the most
powerful voice here on this campus in determining the degree
of academic freedom that exists here — the trustees, the presi-
dent, the dean, the heads of departments, the faculty, the stu-
dents, or who?
Trustees ; president ; dean ; heads of
departments ; faculty ; students ; all
; none ; other ; don't know
Q. 38. Now, I should like to ask you some questions about a man
who admits he is a Communist.
(a) Suppose he is working at a defense plant.
Should he be fired, or not?
Yes ; no ; don't know
(b) Suppose he is a clerk in a store.
Should he be fired, or not?
Yes ; no ; don't know
(c) Suppose he is teaching in a college.
Should he be fired, or not?
Yes ; no ; don't know
Q. 39. Now I would like you to think of another person. (Hand
respondent card.) A man whose loyalty has been questioned
before a Congressional committee, but swears under oath he has
never been a Communist.
(a) Suppose he has been working in a defense plant.
Should he be fired, or not?
Yes ; no ; don't know
(b) Suppose he is a clerk in a store. Should be be fired
or not?
Yes ; no ; don't know
(c) Suppose he is teaching in a college or university.
Should he be fired or not?
Yes ; no ; don't know
Q. 40. How great a danger do you feel that American Communists
are to this country at the present time — a very great danger,
a great da^iger, some danger, or no danger?
A very great danger ; a great danger ; some
danger ; hardly any danger ; no danger ;
don't know
72 UN-AMERICAN ACTIVITIES IN CALrPORtJIA
Q. 41. If there are students who want to join it, do you think that
a (Young Democratic Club, etc.) ought to be allowed on this
campus or not?
Young Democratic Club : allowed ; not allowed ;
depends ; don't know
Young Republican Club : allowed ; not allowed ;
depends ; don't know.
Students for Democratic Action : allowed ; not al-
lowed ; depends ; don't know
Young Socialist League : allowed ; not allowed ;
depends ; don't know
Young Communist League: allowed ; not allowed
; depends ; don't know
Q. 42. In general, how do you feel about a social science teacher
who is an admitted Communist? Do you or don't you feel that he
is not very different from any other teacher with unorthodox
views, etc?
(a) He is not very different from any other teachers with
unorthodox views : Yes ; no ; don't know
(b) He is troublesome mainly as a source of embarrassment
to the college: Yes ; no ; don't know
(c) He is not fit to be a teacher: Yes ; no ;
don't know
(d) He is a dangerous person to have students exposed to:
Yes ; no ; don't know
Q. 43. Do you think there is a definite advantage in having a teacher
with radical or nonconformist views on the social science fac-
ulty here, or do you think that is a luxury at hest, which this
faculty cannot afford?
Definite advantage ; luxury cannot afford ;
cannot decide
Q. 44. On political matters, do you feel that you are more liberal or
more conservative than most of the trustees here at this college,
etc.?
(a) Most of the trustees here at this college: more liberal
; more conservative ; same ; don't know
(b) Most of the administration here: more liberal ;
more conservative ; same ; don't know
(c) Most of the faculty here : more liberal ; more con-
servative ; same
(d) Most of the alumni of this college: more liberal ;
more conservative ; same ; don't know
(e) Most people in the community in which the college is
located: more liberal ; more conservative ; same
; don't know
UN-AMERICAN ACTIVITIES IN CALIFORNIA 73
(f) (If "more liberal" or "more conservative" in a, b, c,
d, or e above) Have you felt some pressures — direct or in-
direct— to conform to the prevailing political pattern or
haven't you felt any of these pressures?
Have felt ; have not felt ; don't know
(g) How have these pressures shown themselves? In any
other ways?
Q. 45. Here is a list of four occupations (hand respondent card).
A. Now suppose a typical businessman Avere to rank these
four occupations by the prestige he holds for each — in what
order do 3"0u think he would rank each?
B. How do you think a typical Congressman would rank
them?
C. Finally, how do you think the typical trustee of your
college (university) would rank them? (Note: rank from
1-4 for each category.)
Manager of a branch bank :
(a) Businessman ; (b) congressman ; (c) trus-
tee
Account executive of an advertising agency:
(a) Businessman ; (b) congressman ; (c) trus-
tee
Lawyer :
(a) Businessman ; (b) congressman ; (c) trus-
tee
A college professor :
(a) Businessman ; (b) congressman ; (c) trus-
tee
Don't know
FACTUAL DATA
1. How long have you been teaching in colleges or universities?
Less than five years ; 5 up to 10 years ; 10 up to 20
years ; 20 up to 30 years ; 30 years or more
2. How long have you been teaching at this college or university ?
Less than five years ; 5 up to 10 years ; 10 up to
20 years ; 20 up to 30 years ; 30 years or more
3-a. Do you have a permanent or rotating chairman of your depart-
ment?
Permanent chairman ; rotating chairman
b. Are you now or have you been a department head here ?
Yes ; no ; don't know [Sic]
74 UN-AMERICAN ACTIVITIES IN CALIFORNIA
c. (Do jow) (Does your department chairman) (department
head) have a considerable amount of latitude and authority in
making policy decisions or would you say (you) (he) (are) is
essentially concerned with administrative details?
Considerable amount of latitude and authority ; es-
sentially concerned with administrative details ;
don't know
4. Can you tell me what degrees you hold ?
B.A ; B.S ; M.A ; M.S ; Ph.D.
; other ; don't know [Sic]
5-a. What department are you in?
Economics ; History ; Government ; An-
thropology ; International Relations ; Sociology
; Geography ; Social Science ; Social
Studies ; Political Science
b. What courses do you now teach?
c. Do you get a great deal of opportunity in the courses you
teach to discuss controversial issues, only little opportunity, or
hardly any at all?
Great deal of opportunity ; only little opportunity
; hardly any at all ; don't know [Sic]
6. Will you tell me what ranking you hold — instructor, lecturer, as-
sistant professor, associate professor, or full professor ?
Instructor ; lecturer ; assistant professor
; associate professor ; full professor ;
don't know [Sic]
7. Do you have a permanent appointment here on this faculty- or
not?
Yes ; no ; don't know [Sic]
8. Have you ever hired any teaching assistants?
Yes ; no ; don't know [Sic]
9 -a. Have you written a dissertation?
Yes ; no
b. Has it been published in full or in part?
In full ; in part ; not been published
c Have you published any (other) papers?
Yes ; no
d. How many?
Two or less ; two or more
e. Have you published any (other) books?
Yes ; no
10-a. Can you tell me any academic honors which have been be-
stowed on you?
b. Have you served on any college or university committees?
Yes : no
UN-AMERICAN ACTIVITIES IN CALIFORNIA 75
c. Have you held office in any professional or academic so-
cieties ?
Yes ; no
d. Have you delivered any papers at the meetings of any pro-
fessional or academic societies?
None ; one or more ; three or more
11. Have you ever applied for a Fullbright Lecturer or Scholar
Award ?
Yes ; no ; don't know [Sic]
12. Have you served as a consultant to industry or any other or-
ganizations excluding the Federal Government?
Yes ; no ; don't know [Sic]
13-a. Is you salary today higher than it was five years ago?
Yes ; no
b. By what percent has it gone up?
Less than 5 percent ; less than 10 percent ; 10-
20 percent ; 20-30 percent ; 30 percent or more
; don't know [Sic]
c Do you have any outside source of income besides your sal-
ary?
Yes ; no
14. Are you a member of the American Association of University
Professors ?
Yes ; no
15-a. Are you married, single, widowed, or divorced ?
Married ; single ; widowed ; divorced
b. Do you have any children?
yes ; no
c How many?
1 ; 2 ; 3 ; 4 ; 5 ; 6 or more
16. Have you (your husband) ever served in any branch of the
Armed Forces?
yes ; no
17. Sex?
Male ; female
18. What is your age?
20-30 ; 31-40 ; 41-50 ; 51-60 ; 61
or older
19 . Race :
White ; Negro
20 . Do you mind telling me where your grandparents were born ?
United States ; Canada ; Great Britain
(England, Scotland, Wales) ; Ireland ; Ger-
many ; Scandinavia (Norway, Sweden, Denmark)
76 UN-AMERICAN ACTIVITIES IN CALIFORNIA
; Italy ; other Western Europe (Netherlands,
Belgium, France, Switzerland, Spain, Portugal) ;
Poland ; other Eastern Europe (Austria, Hungary,
Czechoslovakia, Rumania, Bulgaria, Greece, Yugoslavia,
Albania, Russia, Finland, Latvia, Lithuania, Estonia)
; all other ; don't know
21. Can you tell me your father's occupation?
22. Do you mind telling me your religious preference ?
Protestant ; Catholic ; Jewish ; other
; none ; don't know
23. How many times in the yast year, if at all, has a representative
from the F. B. I. talked with you — for any purpose f
None ; one or two ; three or more
24. Are the people you see the most of socially mainly from your
department, from the faculty generally, or from the community?
Own department ; faculty generally ; commu-
nity ; don't know [Sic]
25. Would you classify yourself politically as a Republican, Demo-
crat, Independent, or what?
Republican ; Democrat ; Independent ;
other ; don't know
26. Would you mind telling me whom you voted for in 1952 for
president ?
Eisenhower ; Stevenson ; Other ; did not
vote ; don't remember
27. Do you mind telling me whom you voted for in 1948 for presi-
dent?
Dewey ; Truman ; Wallace ; Thurmond
; other ; did not vote ; don't remem-
ber
What was accomplished by this survey? An examination of the key
questions discloses its main objectives. It starts by inquiring about the
increasing public concern over teaching political opinions, the sort
of political matters being taught, and whether this concern has caused
any damage to academic freedom. This general topic is pursued, ask-
ing for more and more detail, until the respondent is asked if it ever
occurred to him the university might be keeping "a political file or
dossier on every faculty member, including yourself." (Questionnaire,
page 4.) It would seem obvious that if such data were maintained on
every faculty member, it would necessarily include the member being
interviewed, and we wonder what is meant by *'a political file or dos-
sier." Does it mean that the administration wants to know how many
Democrats and Republicans it employs? If so, the county recorder's
office would provide this information to the Fund for the Republic
without necessitating the repetition of the question to every person
interviewed. And if it refers to some sort of subversive political organi-
zation, and compendia of this type of information maintained by the
UN-AMERICAN ACTIVITIES IN CALIFORNIA 77
administration, it would appear that the question should state this
fact plainly and without quibbling. As it stands, this particular ques-
tion is intriguingly ambiguous.
Another inquiry in the general category asks whether, if the re-
spondent had been given information by a student about "a iioliUcal
indiscretion in his youth," and thereafter the F. B. I., in the perform-
ance of its duty to protect the government against subversion, asked
the respondent about the student, would he frankly assist the F. B. I.
by reporting the incident, or would he refuse to do so if, in his own
opinion^ the student was now loyal? (Questionnaire, page 5.) The word-
ing of this question plainly indicates that the word "political" here
refers to a subversive affiliation since it is related to the fact that the
respondent may now be convinced of his student's loyalty.
At this point it is perceived that tlie Fund for the Republic is itself
keeping a rather elaborate "file or dossier" on every faculty member
it questions. And this particular inquiry should provide a list of those
who would refuse to disclose loyalty information about students when
requested to do so by the F. B. I. It collects information about whether
respondent believes he was fired or rejected from a government position
for "political grounds," and solicitously adds, "or hasn't this hap-
pened to you?" (Questionnaire, page 7.)
The faculty members are then asked for a list of the periodicals they
read dealing with politics or public affairs; the political organizations
to which they belong or to which they contribute; and, "have you ever
felt your point of view on a political subject was reported unfavorably
to higher authorities?" To which is once more appended the commiser-
ating inquiry, "or hasn't this happened to you?" (Questionnaire,
page 8) ; and then the respondent is asked if he ever felt he was being
watched in the classroom, but this question doesn't specify who might
be doing this teacher-watching : student spies, administration spies, or
government spies.
The first part of the questionnaire — there are three parts — concludes
with two questions that, for the first time, specifically mention Com-
munism and ask whether the respondent is aware of any groups or
publications "other than Communist," that might be attacked as be-
ing subversive. (Questionnaire, page 9.)
Section 2 commences with questions that are obviously designed
to draw out the attitudes of faculty members who once belonged to "a
political group that advocated a program or a cause which has been un-
popular or controversial." The questioner wants to know whether the
respondent has "been a member, never been a member, don't know."
(It is difficult to imagine how anyone fit to teach could be a member of
such an organization and not know it). Then the respondent is asked
if he has been criticized because of this affiliation, if such membership
has jeopardized his academic career, and even if nothing has happened
yet — does he worry that this past association might one day injure his
career; whether, if accused of "leftist leanings," most, some, only a
78 UN-AMERICAN ACTIVITIES IN CALIFORNIA
few, or hardly any colleagues or the administration would rally to his
support.
After thus exploring the respondent's attitude toward the teaching
of controversial subjects, the questions shift to a revelation of his
attitude about civil liberties, seeking information about whether he is
interested in these matters as much, more, or not as much as other
news; whether he will describe "cases around here in this area" other
than at the college; how often he discusses civil liberty issues with
others; if students have become more unwilling to express unpopular
political views in class during the past six or seven years, or to join
groups advocating such ideas.
In discussing faculty attitudes with the respondent he is asked
whether social science teachers are less willing to express "unpopular
political views" than they were six or seven years ago — in the class-
room, in the community and among friends, and to act as faculty ad-
visors to "student political organizations advocating unpopular causes."
Continuing to explore general faculty attitudes, the questions now
move to a wider field, utilizing the respondent as a source of informa-
tion about his colleagues. He is asked if they seem more worried about
being assailed for their unorthodox political beliefs and activities than
they were six or seven years ago, or ' ' less worried, not much change, or
have become bolder;" the respondent is asked about his colleagues'
research, the books they write, the papers they publish — even the
speeches they make and whether he believes any of this work has become
restricted because of their dread of political repercussions; whether
selection of reference material for use by students is likewise restricted
for the same reason. He is asked to describe specific cases where the
academic freedom of any of his colleagues has been threatened, and
whether he knows of any person or group that has accused any faculty
member of being subversive or engaging in un-American activities
"in the past few years," and his opinion is solicited concerning how
each case was handled by the university administration. The respondent
is then asked whether he considers it most important to protect the
reputation of the university or the faculty member. Nothing is ever
mentioned about protecting the state, the students or the parents. The
respondent is asked about persons who were not hired because of
their "controversial political views," and is asked to describe all cases
he knows of where persons were fired because of such views. Questions
involving discrimination by the university administration are handled
by inquiring whether a slightly inferior man might be promoted ahead
of his more capable but "unconventional" colleague, and specific in-
stances are requested.
Outside influences are considered when the respondent is asked if,
within the past six or seven years, the university administration has
been subject to more pressure from the regents, the alumni, the local
community, the Legislature, or "local politicians."
UN-AMERICAN ACTIVITIES IN CALIFORNIA 79
The closing question in Part 2 inquires who is most influential in
determining questions of academic freedom : the regents, the president,
the deans, heads of departments, faculty, or students.
Section 3 commences by putting questions about the admitted
Communist, the respondent being asked whether such a person should
be fired from a defense plant, a store, a university. The same questions
are then asked concerning a man who swears to a congressional com-
mittee that he has never been a Communist. Then comes a significant
inquiry asking whether the respondent regards American Communists
"a very great danger" to the country, "a great danger, some danger,
hardly any, or no danger. ' ' Then whether any of these students organi-
zations should be allowed on the campus: "Young Democratic Club,
Young Republican Club, Students for Democratic Action, the Young
Socialist League, Young Communist League."
This is followed by narrowing the scope of a previous question about
whether an open Communist should be fired from the university; this
one asking if such an admitted party member should be permitted to
teach any of the Social Sciences. There are also some subquestions to
further explore the respondent 's attitude in this field : he is asked
whether he regards the admitted Communist as virtually the same as
any other teacher with unorthodox ideas — (a member of a world-wide
Fascist movement to subvert the United States, we presume, would be
a teacher with "unorthodox" ideas) ; or only as a source of embarrass-
ment to the university; that he is not fit to be a teacher; that he is a
dangerous person to place in contact with the students. Then comes
another peculiarly- worded inquiry: "Do you think there is a definite
advantage in having a teacher with radical or nonconformist views on
the social science faculty here, or do you think that is a luxury at best,
which this faculty cannot afford?" We believe the wording of this
question is so obvious in purport that it requires no further comment.
The respondent is then requested to evaluate the degree of his own
liberal attitude — whether he is more liberal or conservative than the
regents, than most of the administration, most of the faculty, most of
the alumni, most of the community where the university is located.
And, unless he turns out to be on an even keel with all of these groups,
he is asked if he hasn't felt some pressures nudging him toward con-
formity with them.
The rest of the questions in this third and last section of the ques-
tionnaire deal mainly with factual data such as family status, employ-
ment record, religion, race, social contacts, politics and voting record.
But, sandwiched into these is this one: "How many times in the past
year, if at all, has a representative from the F. B. I. talked with you —
for any purpose?"
We have isolated many of these questions because they seem to us
very significant ; and we have discussed this project of the Fund for the
Republic on the University of California campus because it emphasizes
the point we made earlier. It is this: the ultra-liberal educators who
80 UN-AMERICAN ACTIVITIES IN CALIFORNIA
profess to be so grimh" determined to preserve academic integrity, have
no compunction whatever about adopting one set of standards to apply
to projects such as this launched by the Fund for the Republic, the
American Civil Liberties Union, and other such groups, and an entirely
different set of standards for the F. B. I., legislative committees, and
other official groups that are endeavoring to carry out their duties to
protect our institutions against destruction b}^ the forces of subversion.
When, as we have pointed out, the simple arrangement whereby this
committee agreed to co-operate with the university in an attempt to
protect it against infiltration was announced, we were met with a blast
of outraged protest from these ultra-liberals, enthusiastically abetted
by the American Civil Liberties Union of Northern California, and the
tactics that were employed were so unethical that some of the directors
of the latter organization wrote it letters of indignation. The attack
came to nothing, really; but it does demonstrate most forcibly the
lengths to which this highly active group will go to prevent any at-
tempt, however restrained and objective, to investigate subversion by
any official agency. If representatives of the tState Legislature had pre-
sumed to enter upon the campus of the state university with a 27-page
questionnaire asking questions about the extent of subversive infiltra-
tion and influence in the university, there would have been an immedi-
ate expression of outrage and indignation and accusations that we
were battering away at the institution's academic freedom.
But when the Fund for the Eepublic appeared three years after our
co-operative arrangement with the university was announced and
launched its survey, there was no resentment. The project was quietly
accepted, resulted in interviews conducted with many faculty members
along the lines heretofore set forth, and provided the Fund for the
Republic, (or anyone else who might have access to its records), with
a wealth of information that we will analyze below. We are aware that
many faculty members at the university refused to answer any of these
questions, did not in any way co-operate with the project, and resented
the intrusion into their affairs and the taking of their time by this
wholly gratuitous and unofficial project.
In the process of asking members of the faculty at the state university
to give information about each other and about the administration,
this questionnaire could provide the Fund for the Republic with in-
formation resulting from a winnowing through the faculty, separating
conservatives from liberals, and breaking down the most liberal groups
into degrees. It would thus be possible to isolate all faculty members
who — to take the most ' ' progressive ' ' respondents — ^believe that they are
justified in determining whether they should co-operate with the F. B. I.
when asked about students' loyalty, or wlieather they should deliber-
ately withhold such information about the students' subversive past,
thereby arrogating to themselves the right to substitute their own
judgment as lajTnen for that of security experts. Having thus lumped
together all faculty members who would go this far, the Fund for the
UN-AMERICAN ACTIVITIES IN CALIFORNIA 81
Republic could add all those who believe that American Communists
are wholly innocuous; that Communist Party members should be al-
lowed to teach young: students and freely bombard them with Com-
munist propaganda; that the university should avail itself of the
"luxury" of hiring teachers with radical views and scattering them
throughout the social science subjects; tliat the Young Communist
League should be allowed to function on the campus with some liberal
professors as its advisors.
This questionnaire makes no bones about boring into the situation so
far as curricula are concerned and delving into teaching methods, re-
search projects and attitudes of faculty members towards all of the
security precautions taken by the administration. It does not hesitate
to question the respondents about each other, but infers very pointedly
that similar scrutiny and questions by official agencies in the course of
their duties is reprehensible, and that the administration should main-
tain no files on the subversive background of its employees because this
would worry the employees too much and possibly interfere with their
academic freedom.
Professors Refuse fo Co-operate with F. B. I.
Three years after this questionnaire was circulated by the Fund for
the Republic, and the questions about the Federal Bureau of Investi-
gation were adroitly planted, the Northern Section of the Academic
Senate of the University of California announced that thenceforth the
university professors at Berkeley would flatly refuse to co-operate with
the Federal Bureau of Investigation in all cases where inquiries were
made about the loyalty of students who were being considered for
federal jobs. According to an article which appeared in an East Bay
newspaper ^^ the Northern Section of the University of California
Academic Senate expressed the idea that freedom of discussion in the
classroom would suffer if students realized their beliefs might affect
their future employment by government or in private business. The
Northern Section of the Academic Senate, which has jurisdiction over
all faculty members at the Berkeley, Davis and San Francisco cam-
puses of the university, adopted this gag rule on October 28, 1958. A
part of its resolution reads as follows:
* ' This faculty asserts that freedom of discussion in the classroom
and in academic consultation is fundamental to higher education.
The essential freedom of the university can be seriously jeopard-
ized if argument and expression of opinion are inhibited, par-
ticularly in those subjects which are held controversial in some
quarters and in some moments of history.
Therefore, reports by a teacher concerning the beliefs, at-
titudes, activities, and, the associations of a student regarding
religion, politics, and public affairs in general, are not permissible
" Oakland Tribune, Oct. 29, 1958.
82 UN-AMERICAN ACTR'ITIES IN CALIFORNIA
when the reports are based on information acquired by the teacher
in the course of instruction or in the course of other student-teacher
relations that involve the student's academic program."
The article points out that this rule was originally proposed by a
member of the Speech Department, Professor David Rynin, at a meet-
ing of the Academic Senate on May 20, 1958, the matter thereafter
being referred to its Committee on Academic Freedom. It is to be
noted at this juncture that the authority to make such rulings had been
delegated to the Academic Senate by the University's Board of Regents.
Not all of the professors were happy with the adoption of this refusal
to co-operate with the United States Government in its effort to protect
itself against internal subversion, since some of the 50 voting members
opposed the proposal strenuously^ Professor Warren H. Giedt, Associ-
ate Professor of Mechanical Engineering, declared that the measure
would create a conflict of basic loj^alties and that he would feel re-
sponsible to inform the government about a student whose classroom
comments and activities indicated that he was a security risk.
"As a citizen," declared Professor Giedt, "I have a responsi-
bility to the government. If we adopt this Resolution do we not
go contrary to our fundamental responsibility?"
Professor Andreas G. Papandreou, of the Department of Economics,
declared that the enactment of such a measure would notify the govern-
ment that if it wanted information about the loyalty of students it
would have to seek it through other means. Professor Frank C. New-
man, of the Law School, actuallj^ presented the resolution in his ca-
pacity as Chairman of the Academic Senate Committee on Academic
Freedom. There was a 90-minute discussion, and in extolling the merits
of the resolution, Newman stated :
"If it were generaUy known by students that their political
and religious freedom to disclose beliefs, to express attitudes, to
recount activities, and to refer to associations did not protect them
from loyaltj^ response to loyalty-security inquiries, many students,
in the classroom and in academic consultation, would apply rules
of caution differing markedly from the rule of free inquiry that
Ave now tend to take for granted.
Many loyalty-security inquiries — whether they related to gov-
ernment employment, private employment, military service, or
other affected occupations — call for evidence . . . that a university
should not supply if it aspires to be a free university," the com-
mittee 's report stated.
"To preserve the essential freedom of the university, your com-
mittee submits that freedom of communication both in the class-
room and in academic consultation must not be violated by the
teacher. ' '
UN-AMERICAN ACTIVITIES IN CALIFORNIA 83
Newman informed the Academic Senate that his committee will pre-
sent proposals for administering" the resolution, and declared that the
situation would be eased if university officials would get the word to
investigators that a new principle has been adopted at the University
of California under which a faculty memher cotdd not say whether a
student is or is not a security risk. He would have to state that uni-
versity rules forbid him from answering.
Some of the most articulate and emphatic opponents of this measure
were Marine Colonel James Wilbur and Professor Denzel R. Carr,
Chairman of the Department of Oriental Languages. Col. Wilbur de-
clared that ' ' activities and associations of students that can be observed
should be reported." Professor Carr pleaded with his associates to
"have a little common sense to protect our society from Communism."
Who Runs the State University?
Thus we have the ultimate amplification of the Fund for the Republic
questionnaire in an action by what we presume must be a somewhat
liberal element in the faculty of the University of California at Berke-
ley. The northern section of the Academic Senate has now undertaken
to establish regulations for the conduct of the university business with
the representatives of the state and federal governments, and has in-
formed the university administration that it should get the word to
investigators that is has adopted a new principle at the state university.
What this situation actually amounts to is a defiant statement by
emploj'ees of the State of California that they will flatly refuse to
reveal their knowledge of subversive affiliations and activities on the
part of their students to authorized official representatives of the federal
and state governments who are specifically charged with the gathering
of precisely that type of information. To suggest that this sort of
defiant attitude on the part of a large segment of the faculty of the
state university needs immediate attention on the part of the Legis-
lature and the university administration seems to us the understate-
ment of the year. The Board of Regents of the university has already
adopted a token statement to the effect that it doesn't believe the
university should be pro-Communist. This seems a peculiar way to
implement this declaration of anti-Communism on the part of the
university regents, in suffering its faculty to thwart the activities of
the Federal Bureau of Investigation.
If these state employees are permitted to thus defy the agents of our
government, perhaps the practice could be spread to all of the other
state employees. There is no reason why university teachers should
have any particular monopoly on this sort of defiance. Then if the
other states and territories would adopt a similar attitude on the part
of all of their employees, the Federal Bureau of Investigation could
devote all of its time to catching bank robbers, kidnappers, fugitives,
and the other criminals, and leave the matter of determining loyalty to
the Fund for the Republic, The American Civil Liberties Union and
84 UN-AMERICAN ACTIVITIES IN CALIFORNIA
the northern section of the Academic Senate of the University of Cali-
fornia. If it would be wrong for all universities and schools throughout
the United States to adopt such a defiant attiude, then certainly the
measure is equally wrong for the faculty of the northern campuses of
the state university.
Stalin once declared that it took many men to build a bridge but
only one to blow it up. It also requires the combined efforts of many
people to prepare a student for college and only one to ruin him after
he gets there. As these young people are drawn deeper into the Com-
munist movement they gradually but inevitably lose all their warm,
precious human traits so carefully inculcated at home, and acquire
in their place the typical hard, cynical, materialistic, atheistic qualities
that characterize all indoctrinated party members. If the co-operative
efforts of the educational institutions and this committee can prevent
one student from being thus indoctrinated each year, then the effort is,
in our view, more than justified for that reason alone.
There has never been any mass infiltration by Communists of any
of our educational institutions in California. There has been, and we
anticipate there will continue to be, a persistent Communist effort to
penetrate these institutions for the purpose of developing leadership
and replacing the fall-out of party members that we have already
described.
During the period of the party's open activity in the United States
its youth organization was simply known as the Young Communist
League, but when there came a gradual awareness on the part of the
public concerning the real nature of Communism this organization
changed its name to the American Youth for Democracy, and in more
recent years to the Labor Youth League. Dennis James, a former active
member of this organization, described it in testimony before the House
Committee on Un-American Activities and pointed out that since the
entire party apparatus had gone underground the danger was much
greater than it had been during the period of open activity.
The Labor Youth League, according to Mr. James, was used by the
Communist Party to obtain signatures for the Stockholm Peace Peti-
tions to discontinue atomic tests, and petitions asking for an immediate
ceasefire during the Korean war ; for the collection of food and clothing
for strikers that were supported by the Communist Party, and for selec-
tion to attend indoctrination classes in the Communist School in New
York — the Jefferson School of Social Science. It will be remembered that
it was Professor "Walter Gelhorn who taught at this institution and Avho
was the editor-in-chief of a series which included a book attacking this
committee several years ago. Mr. elames declared that "* * * i know
in 1952, when I disassociated myself from the Labor Youth League, I
felt that the danger was serious because the activities were now under-
ground and could not be detected as easily as in the past. ' ' ^^
82 House Committee on Un-American Activities, Hearings, pp. 2828-2829.
UN-AMERICAN ACTIVITIES IN CALIFORNIA 85
It is very easy for educators and other laymen who have had no prac-
tical experience in the actual techniques of the Communist Party to say
it is a simple thing for a man to be a Communist and also teach objec-
tively. Complete refutation of this naive attitude is found in experiences
of people who have been both teachers and Communists. Louis Budenz,
exmember of the National Committee of the Communist Party, and
formerly editor of its New York publication, the Daily Worker, has
written a book called "The Techniques of Communism," and in a
chapter entitled, ''Invading Education," he has this to say:
"In the classroom, the Communist teacher or professor very
rarely, if ever, teaches Marxism-Leninism openly. There are hun-
dreds of indirect waj'^s of reaching the same end. Books by Howard
Fast,^^ the author who has refused to state whether or not he would
fight against the Communists if drafted, are proposed as suggested
or recommended readings. The works and statements of many
other 'authorities' who invariably take a pro-Soviet position,
such as Professor Frederick L. Schuman of Williams College, can
be freely used. The Red instructor has many other 'non-Com-
munist' sources to draw on — those leading figures in public lifa
who always follow the Communist line and whom Stalin has
designated as the 'reserves' the conspiracy should call upon. An
entire syllabus which would inevitably lead a student to embrace
Marxism-Leninism or to be sympathetic to the Communist line,
can be drawn up without one notably or openly Stalinite reference
in it.
Building on that foundation, the Communist teacher or pro-
fessor notes the pupil or student most susceptible to pro-Red ideas.
This student is cultivated privately, with a view to drawing him
toward the conspiracy. In like manner, colleagues on the faculty
who indicate sympathy for pro-Communist ideas are influenced by
personal association to join the Communist Party. The influence
of the teacher who is committed to Marxism-Leninism goes far
beyond these contacts — into Parent-Teachers Associations (often
working behind the scenes with Communists in those groups), in
the preparation of books, the presentation of lectures, the voicing
of opinions, the raising of finances for the conspiracy. ' ' ^^
Elsewhere in the same work, Mr. Budenz states:
"We must constantly remind ourselves, as Dr. Dodd and I agree,
that two or three Communists on any faculty are normally enough
to dominate the school or campus. They do not act alone, but have
aid from the outside. They work under the directives of Communist
functionaries who seek out ways to influence trustees of the college
involved or members of the Board of Education. It is not unusual
that certain men of wealth on a board of trustees gives protection
' Howard Fast, the author of Citizen Tom Paine and other party line publications,
has recently broken from the Communist Party and has written a boolv, The Naked
God, in which he ex]5oses the strangrlehold on writers who publish while members
of the Communist Party.
"The Techniques of Communism," by Louis F. Budenz. Henry Regnery Co., Chicago,
1954, p. 210.
86 UN-AMERICAN ACTIVITIES IN CALIFORNIA
to the subversives on the faculty, to the detriment of those who are
genuinely patriotic; these trustees being influenced by the cries
of academic freedom, by a gross ignorance of the Communist
methods, by personal considerations, or by partisan interests.
Beyond all this, the Communists on the faculty have the loud
support of specific organizations in the community which other
concealed Communists infiltrate and control. Nor do the Keds
hesitate to resort to whispering campaigns against the character of
an opponent, which frequently terrorize non-Communist teachers
or professors. This goes far beyond the outspoken cry of *Mc-
Carthyite'; it extends into sly and organized gossip, reflecting on
the work, the morals, and the integrity under attack because of his
patriotic position. Here, again, the gangster character of the Com-
munist philosophy, carried on by nongangsters, serves as a potent
weapon. "When to all of this we add the ease with which the sub-
versives can persuade the champions of progressive education to
come to their aid, the formidable character of even a small number
of Communists can be properly mentioned. It is in this manner
that the Reds, working through the Teachers' Union (which re-
ceived high praise in the report of the Party's Cultural Commis-
sion), were able to wield great influence in the elementary and high
schools." *
In concluding this section of the report, your committee again wishes
to point out that while the Communist infiltration of the state's school
system has abated since 1952, the problem is an ever-present one. The
co-operation that this committee has received from most of the large
school systems and universities has been most encouraging, and the re-
sults of that co-operative effort have been met with even more success
than we anticipated. Indeed, we maj'- close this section on a note of
pride by quoting two sources that have taken notice of the California
system for preventing infiltration of educational institutions, one from
the state of Ohio and the other from "Washington, D. C.
In a document entitled "Procedural Analysis and Plan for Correct-
ing an Involved Situation in a State University," by Dr. William E.
Warner, Chairman of the Ohio Coalition of Patriotic Societies, this
statement appears:
"Basic Plan of Correction. This will take time and while diffi-
cult to accomplish, must be based on a continuing analysis like that
outlined above. Several States in addition to the Congress, operate
or have had Un-American Activities Commissions, as please see the
list in Appendix II of the Maryland (Ober Law) Report of Jan-
uary, 1949. California has the test State program."
* The author is here referring to the infiltration of the Teachers' Union of New York,
an oraranization which was party controlled, and in which Dr. Dodd was an in-
fluential officer.
UN-AMERICAN ACTIVITIES IN CALIFORNIA 87
From an official Washington source we find the following:
' ' The subcommittee makes tlie following recommendations :
' ' That educational authorities give consideration to the establish-
ment of criteria and the initiation of procedures whereby schools,
colleges and the universities can eliminate teachers who have
demonstrated their unsuitability to teach, because of their collabo-
ration with the Communist conspiracy.
That states and educational institutions give consideration to
the program adopted 'by the State of California, and the several
colleges and universities therein, which, recognizing that subversion
in the educational process is a matter of public concern, has put
into operation a program that provides for a reservoir of security
information, the free exchange of security information between
colleges and legislative committees, and means whereby the facili-
ties and powers of state agencies are made of service to educational
institutions.
That school authorities, colleges, and local Boards of educa-
tion initiate positive programs under qualified experts in the field
of combatting Communism, to teach both teachers and school
pupils the nature of the Communist conspiracy that is attacking
the whole structure of society. ' ' ^^
INFILTRATION OF LABOR
As a prelude to the Russian Revolution the seeds of revolt were first
sprinkled among the workers in the oil fields of Baku, in the Putilov
locomotive works, in factories, in shops ; from one group to another the
fervor of revolution ran like an electric current, gathering momentum
as it went, galvanizing them into action. Dropping their tools, deserting
their posts, they left their jobs by thousands and hundreds of thousands.
From the factories and the fields poured the torrent of artists, farmers
and peasants. Armed with crude weapons they manned the barricades,
jammed the streets, and stormed the government buildings.
All vital work ceased. The life of the country was paralyzed. This
great mass of humanity, having been regimented by centuries of oppres-
sion was now seething with a frenzy of relief and defiance as the heavy
burden was finally lifted. Their contagion ultimately spread to seg-
ments of the Czar's armed forces that deserted and turned their weap-
ons against their still-loyal superiors. By then the vital arteries of
transportation and communication had been cut and the downfall of
the government was inevitable.
This revolution of October, 1917, was no carefully planned, shrewdly
devised occurrence. On the contrary, it was the result of disturbances
that had been pointing towards such a climax for many years. The
Russian masses had been inured to oppression but they never lost their
natural desire for freedom and personal dignity. There had been many
85 Subversive Influence in the Educational Process, Senate Judiciary Subcommittee on
Internal Security, op. cit., p. 29.
88 UN-AMERICAN ACTIVITIES IN CALIFORNIA
Other attempts at revolt, all quickly crushed by the swords and whips
and guns of the Cossacks, and the even deadlier information gathered
by the Czar's Ochrana, or secret police. Our most eminent authorities,
Secretary Dulles and Dr. Julian Towster among them, have pointed
out that man is governed not only by rules of his own devising,
but by great immutable laws that he is powerless to rescind or amend,
and that these basic natural laws cannot be violated with impunity.
No group of people can be permanently ruled by terror, deprived of the
attributes of human dignity, forced to toil like machines for the benefit
of the State, and to exist in a melancholy atmosphere of ignorance and
subjugation. These conditions may be imposed for a considerable time,
but the longer they exist the stronger become their counter-forces, until
eventually such a regime must either be relaxed or destroyed entirely.
The masses of restive people approaching the revolutionary climax after
years of oppression need only a tiny spark to set off the chain reaction.
In 1917, the Bolshevik leaders provided that spark. But the masses of
organized Russian workers won the revolution.
We cite this historical material to emphasize the importance world
Communist leaders have always placed on the concentrated infiltration
of organized labor as the first vital prerequisite to revolution. Lenin
never lost sight of this cardinal principle, nor did Trotsky, nor Stalin,
nor any of their successors including Khrushchev. In the European
countries, in the Balkans, in China, in the Middle East and Latin
America, in Africa, and certainly in our own country, this steady
penetration of labor organizations has gone forward. The logic of the
strategy is obvious, but will not apply as readily in a free and pros-
perous country. Hence, the infiltration continues and undercover Com-
munists are moved into strategic positions to patiently wait for the
development of a "revolutionary situation." A severe economic depres-
sion is a "revolutionary situation"; so is a widespread epidemic or any
other misfortune that renders a nation particularly susceptible. Then
the small, solidly entrenched party members, in their positions of
authority, spring into action and the strikes are commenced ; transpor-
tation, communication, food production, the utilities, all are paralyzed.
And if the tiny sparks sets off the chain reaction, then the angry tide
of revolution is unleashed.
This precise technique has been successfully employed in a number
of countries now under Communist control, and one after another we
see this creeping menace expanding itself. If the revolutionary situa-
tions do not come fast enough, then they are accelerated by Com-
munist propaganda, by infiltration of government positions, by all of
the complicated devices and techniques that the world Communist move-
ment has brought to such a high degree of perfection and employed
with such ingenuity. And while all of this activity is progressing, there
is an equal if not greater degree of action in the murky realms of the
underground where espionage and sabotage are taking place day by
day; and despite the astounding apathy of the American people, the
tragic documentation of this penetration of our most sensitive areas
UN-AMERICAN ACTIVITIES IN CALIFORNIA 89
can be had for the asking by writing to the Government Printing Office
in Washington, D. C, and requesting the reports of the House Com-
mittee on Un-American Activities and the Senate Judiciary Subcom-
mittee on Internal Security dealing with these matters. It is not the
business of this committee to investigate espionage, but occasionally in
the performance of our specified duties we have run across such
activities and have invariably submitted the information to the proper
authorities for the appropriate action.
The Profinfern
In March, 1919, the Communist International (Comintern) was
established in Moscow. All foreign parties were affiliated to it as sub-
ordinate sections, bound by the conditions to which they were obliged
to agree at the time of their affiliation. Comintern representatives, such
as Gerhardt Eisler who functioned for several years in this country,
were sent to all parts of the world for the purpose of making sure that
the international Communist party line was meticulously obeyed and
that the work was progressing according to plan. When the Comintern
was exposed as the high board of strategy for a world Communist revo-
lution, it was "dissolved," but like many Communist fronts and other
part}^ organizations, the change was one in name only and the opera-
tions of the far-flung Communist apparatus were continued as before.
No better example of the closely co-ordinated activity of infiltration,
directed from the Soviet Union, can be found than that which occured
in the Latin American countries. In Mexico the story is particularly
fascinating, and once the Soviet base of operations had been established
in Mexico City, it was only a matter of time before the tentacles were
extended into South America and the trade union organizations of the
South American countries were heavily infiltrated.
The Comintern even had an entire division, which was called the
"Profintern," devoted to nothing but the handling of this infiltration of
trade unions in the various non-Communist countries throughout the
world. It had its own organizational structure with the authority com-
ing from the apex of the triangle down toward the base, as is the custom
in all Communist organizations. We shall briefly trace its history in the
United States as a prerequisite to obtaining the necessary perspective
for understanding the present Communist infiltration of trade union
organizations in our own state.
The Profintern fared better in Europe and Latin America than in
Great Britain and the United States, but efforts were redoubled in
these latter countries. The Russians believed that the strategy used
so successfully in their own country would be infallible elsewhere. But
there were no Cossacks, no Czarists secret police, no rule by terror and
no mass oppression of workers in England and America. So when the
Communists in this country were bluntly ordered to take over the
American Federation of Labor and actually tried to do so, the result
was only to arouse the wrath of union leadership. There were very
90 UN-AMERICAN ACTIVITIES IN CALIFORNIA
few American "peasants" to stir up, but Moscow ordered the party
in this country to start stirring, nevertheless. These early failures would
seem funny, but by 1935 the situation had been shrewdly analyzed.
During the twenties the Russian revolutionary leaders were provincial
and had little contact with — and virtually no understanding of — the
outside world. This was quickly remedied, and when the delegates from
the Communist Parties of the world assembled in Moscow to attend
the Seventh World Congress of the Communist International, that
organization was prepared to change its tactics to suit the situations in
the various foreign countries. The Comintern Secretary, Georgi Di-
mitroff, read a long speech which described the new strategy to be used
in inaugurating the United Front movement throughout the world,
and the Trojan Horse tactic of heavily infiltrating non-Communist or-
ganizations, principally labor unions, with secret Communist Party
members.
This was the beginning of the United Front. It was, as we have said,
signalized by almost feverish party activity in the United States. Hun-
dreds of front organizations sprang into existence to spread the party
line, to disseminate Marxian propaganda, to create a corps of fellow
travelers and to provide a medium through which new recruits could
be added to the party membership. William Z. Foster, now the chairman
of the Communist Party of the United States, has always led the fight
to infiltrate American trade unions. He was the head of the Trade Union
Unity League through which an attempt was made to carry out Mos-
cow's orders for the taking over of the American Federation of Labor.
Foster had been a Socialist, a member of the International Workers
of the World, a labor organizer, a fomentor of strikes and riots, and
has been a member of the Communist Party since the twenties. His
Trade Union League (then known as the Trade Union Educational
League) issued a statement of its program and principles in February,
1922, removing any lingering doubt about its political complexion, its
adherence to the Profintern and its purposes so far as American labor
was concerned. It read, in part, as follows :
"The Trade LTnion Educational League proposes to develop the
trade unions from their present antiquated and stagnant condition
into modern, powerful labor organizations, capable of waging suc-
cessful warfare against capital. To this end it is working to revamp
and to remodel from top to bottom their theories, tactics, structure
and leadership. * * * The league aggressively favors organization
hy industry instead of hy craft. Although the craft form of union
served a useful purpose in the early days of capitalism, it is now
entirely out of date. In tlie face of the great consolidations of the
emploj^ers the workers must also close tlieir ranks or be crushed.
The multitude of craft unions must be amalgamated into a series
of industrial unions — one each for the metal trades, railroad trades,
clothing trades, building trades, etc. — even as they have been in
other countries. The league also aims to put the workers of America
UN-AMERICAN ACTIVITIES IN CALIFORNIA 91
in contact with the fighting trade unionists of the rest of the
world. It is flatly opposed to onr present pitiful policy of isolation,
and it advocates affiliation to the militant international trade union
movement, known as the Red International of Labor Unions. The
league is campaigning against the reactionaries, incompetents, and
crooks who occupy strategic positions in many of our organizations.
It is striking to replace them with militants, with men and women
unionists who look upon the labor movement not as a means for
making an easy living, but as an instrument for the achievement
of working class emancipation. In other words, the league is work-
ing in every direction necessary to put life and spirit and power
into the trade union movement." (Committee's emphasis. )^*^
It was easy to see why Foster and his comrades were in favor of
industrial organization. It was far easier to plant a small nucleus of
concealed Communists in positions of control in a mass labor organiza-
tion and thereby dominate its policies and conformance to the Commu-
nist party line than it was to infiltrate dozens of small trade unions
and accomplish the same purpose in each. The Communist Party has
never had sufficient members to waste their talents, and it has there-
fore invariably followed the strategy of patiently working its most
talented members into positions of control where, in government, in
education, in the entertainment world, in the creative arts, and in
the trade unions, it can use a relatively tiny membership to control
much larger non-Communist organizations.
This same technique has been employed in the Soviet domination of
every Iron Curtain country, first the infiltration and softening up pro-
cess, then the propaganda and conditioning of the masses, and then the
sudden eruption of the party into open activity with its own trusted
members running the vital processes of the government : education, com-
munications, transportation, production of food stuff, the armed forces
and the secret police. In the United States, as we shall see, this pattern
has been followed religiously by the American Communists with remark-
able zest in their relentless effort to be in a position to exercise the nec-
essary strength when the revolutionary situation develops.
Revolutionary Situations
There was such a revolutionary situation that developed in the
thirties, when a widespread depression swept the country and forced
hundreds of thousands of unemployed on the relief roles. Immediately
there was a surge of increased Communist activity. In San Francisco we
saw it in the bloody general strike of 1934, and we continued to experi-
ence its influences with the operation of the State, County and Munici-
pal Workers of America and the Workers Alliance collaborating with
Labor's Non-partisan League to secure political control of the State in
the general elections, and in the amazingly successful infiltration of
many of our trade unions during the late thirties and early forties.
8« American Trade Unionism, Principles and Organizations, Strategy and Tactics, by
William Z. Foster, International Publishers, New York, 1947, p. 80, 81.
92 UN-AMERICAN ACTIVITIES IN CALIFORNIA
We need only cite, once again (but we believe this cannot be ham-
mered home with sufficient emphasis), the complete proof of great
trade unions being forced to obey the international party line when the
situation required such a change for the benefit of the Soviet Union.
The non-aggression pact between the Soviet Union and Hitler was con-
summated in August of 1939. From that time until June 22, 1941, there
was a spirit of friendliness and co-operation between the Germans and
the Russians. Suddenly, with the signing of that pact, American labor
unions that had been infiltrated by the Communists began to hamper the
American defense effort. An epidemic of strikes spread across the
country", and it is to be carefully noted that they were principally
launched by the most strategic unions, those that had to do with the
maritime industry, the production of critical ores and metals, the
transportation of critical goods, the conduct of secret research projects
along scientific lines, mass communications, and production of food
stuffs. The party line was to keep America out of the war, to campaign
against universal military service and draft, and to spread the Commu-
nist party slogan, ' ' The Yanks Are Not Coming ! ' '
Then on June 22, 1941, the German armies rolled across the borders
of the Soviet Union. The uouaggression pact was violated, Russia was
drawn into the conflict, and overnight the party line of the American
Communists reversed itself. Now the slogan was for the immediate
opening of a second front and an all-out effort on the part of the unions
to produce the sinews of war in this country for the benefit of the
Soviet Union. Immediately there was a significant serenity on the
labor front. There were no more strikes such as the bloody affair at
North American Aviation Company at Inglewood, which actually was
being masterminded by the Communist Party from a strategic vantage
point in Alameda County.
Let those who now naively contend that there is no more danger from
the Communists in this country consider carefully the enormous influ-
ence the American Communists wielded in completely changing the atti-
tude of these significant trade unions overnight when the exigencies of
the Soviet Union demanded such a change. The power to summarily
turn off a widespread epidemic of strikes that was beginning to paralyze
the defense eft'ort of the nation is certainly' an indication that in the
early forties the Communists of this country had made astounding
progress in their infiltration of labor.
According to Foster, the Communist Party, the Young Communist
League, and the Trade Union Unity League collaborated with a great
many other Communist-dominated organizations for the purpose of
staging unemplojTnent demonstrations, strikes, hunger marches and
pressure groups during the depression of the 1930 's. Fifteen hundred
delegates attended the national unemployed convention in Chicago dur-
ing the summer of 1930; 400,000 demonstrated at the National Unem-
ployment Insurance Day on February 25, 1931 ; 500,000 workers staged
another demonstration in February, 1932, and in December, 1931, 1,800
delegates participated in a national hunger march to Washington, D. C,
UN-AMERICAN ACTIVITIES IN CALIFORNIA 93
which was followed by a second demonstration of the same character on
December 6, 1932, with 3,000 delegates in Washington and an estimated
one million participants in various cities.^'^
"The strikes of 1934 to 1936," declared Foster, "took on the
most acute political character of any in the history of the United
States. Against the violent opposition of the A.F. of L. leaders, the
political mass strike, long a cardinal point in the Communist
Party's agitation, became an established weapon of the American
working class. The workers fought with splendid heroism and
solidarity in the face of the Government, tricky union leaders, and
an unprecedented use of troops, police, gunmen, and vigilantes
among them." ^^
It is a peculiar coincidence, and one that played into the hands of
Communist organizers, that at the same the Seventh Congress of the
Comintern was convened in the Soviet Union in 1935, the C.I.O. was
launched in the United States. Here was just the type of industrial
organization that William Foster had longed for. John L. Lewis, long
noted for his vitriolic and forthright attacks against all things Commu-
nist, was now surrounded by concealed party members who flocked into
the newly organized industrial movement b.y the hundreds. Fanning out
through the top echelons of the organization shortly after its crea-
tion, these undercover party members dug themselves in tightly at the
command posts and within a few years managed to so concentrate their
influence that they forced John Lewis out of the organization he had
created and took it over, lock, stock and barrel. All of the A.F. of L.
unions that had been successfully infiltrated left that organization and
aligned themselves with the C.I.O. The American Newspaper Guild not
only affiliated but was to provide a member who, after working for a
time on a Los Angeles newspaper, was elevated to command the entire
C.I.O. organization on the Pacific Coast. By July, 1941, the C.I.O.
Union membership stood at 4,000,000, was solidly entrenched in ac-
tivities closely linked with our national security, and was actually more
important to the vital interest of this country than the A.F. of L. from
which it was spawned.
Following is a partial list of the unions that suffered particularly
from Communist infection. We should note carefully how this handful
of Communist organizers was able to get a stranglehold on segments of
labor essential for the very preservation of our country through the
techniques that were tried out in the Kussian revolution of 1917, per-
fected by trial and error in the United States, and brought to a high
degree of perfection following the Seventh Congress of the Comintern
in 1935, and the penetration of the C.I.O. They were : National Mari-
time Union ; Transport Workers Union ; Aircraft and Machinists Divi-
sion of the United Automobile Workers; Die-Casters Association;
American Communications Association; International Longshoremen
^'^ American Trade Unionism, op. cit., p. 192.
88 American Trade Unionism, op. cit., p. 197.
94 UN-AMERICAN ACTIVITIES IN CALIFORNIA
and Warehousemens Union; International Woodworkers Union;
American Newspaper Guild; United Electrical, Radio and Machinists
Union; Farm Equipment Organizing Committee; State, County and
Municipal Workers Union; United Tannery Workers Union; Packing-
house Workers Organizing Committee ; Mine, Mill and Smelter Workers
Union; United Office and Professional Workers Union; Book and
Magazine Guild ; Quarrj^ Workers Union ; Fishermens Union ; Furni-
ture Workers Union; sections of the United Federal Workers of
America ; Fur Workers Union ; sections of the Aluminum Workers ;
Federation of Architects, Chemists, Engineers and Technicians ; Artists
Union ; United Shoe Workers Union ; Retail and Wholesale Workers,
Local 65 ; Inland Boatmens Union ; Marine Cooks and Stewards Union ;
United Cannerj^ Agricultural, Packing and Allied Workers of America ;
C.I.O. Industrial Councils of Greater New York, Queens, Chicago.
Cleveland, Milwaukee, Seattle, Portland, San Francisco, Los Angeles,
Bridgeport, Baltimore, etc.; also, State Industrial Councils (C.I.O.) of
Connecticut, California, Wisconsin, Texas, Washington ; Alabama
Farmers Union; Local 5 of Teachers Union, A.F. of L. (expelled);
Local 537 College Teachers Union, A.F. of L. (expelled) ; A.F. of L.
Painters District Council No. 9, New York; Workers Alliance; Gas &
Chemical Workers Union.^^
World Federation of Trade Unions
In February, 1945, representatives of 60,000,000 trade union mem-
bers gathered in London and formed the World Federation of Trade
Unions. During the latter part of the year an implementing meeting
was held in Paris and an organization was set up comprising a presi-
dent, a general secretary and three assistant general secretaries who
presided over an elaborate hierarchy of subordinate organizations and
departments. Permanent headquarters was established in Paris, and
the movement got off to an enthusiastic start, supported mainly by
the Soviet Union and its satellites. The C. I. 0. was originally a mem-
ber of the movement, but later withdraw and charged that the organi-
zation was Communist dominated from its inception. This was not
difficult to detect, and as time went on evidence of complete Communist
domination was overwhelming. The American Federation of Labor
denounced the organization from its inception and representatives of
the C. I. 0., after attending a few meetings, arrived at the same
conclusion.
The World Federation of Trade Unions operates through five
bureaus. Bureau No. 1 comprises the countries of North and South
America, Spain and Portugal; Bureau No. 2, the territories of Africa
and the Mediterranean (Greece, Turkey, Syria, Lebanon, Palestine,
Israel, Egypt and Cyprus) ; Bureau No. 3, the countries of Western
Europe and the Scandinavian countries (including Iceland, Germany,
3» The Red Decade ; the Stalinist Penetration of America, by Eugene Lyons, the
Bobbs-Merrill Co.. New York. 1941, pp. 229, 230.
UN-AMERICAN ACTIVITIES IN CALIFORNIA 95
Austria, Switzerland and Italy) ; Bureau No. 4, the countries of the
Middle East, Asia and Austro- Asian ; Bureau No. 5, the Soviet Union,
Czechoslovakia, Hungary, Yugoslavia, Albania, Rumania and Bulgaria.
This form of organization, together with the activities of the W. F.
T. U., corresponds roughly with the organizational structure and ac-
tivities of the Red International of Trade Unions that operated as a
subdivision of the Comintern. Close organizational and disciplinary
ties are maintained with all left-wing unions throughout the world, and
the effect of W. F. T. U. influence is particularly powerful in Mexico
and the Latin American countries.
In earlier reports we have occasionally referred to Vicente Lombardo
Toledano as the pro-Communist leader of the Mexican Federation of
Workers. "When Vice-President Nixon visited several South American
countries a year ago he was insulted and harassed by organized dem-
onstrations that reflected the assiduous infiltration and planning that
was carried on in these countries through the joint efforts of the second
Soviet Ambassador to the United States and Vicente Lombardo
Toledano. Since 1945, the World Federation of Trade Unions has
played a major part in this massive attempt to dominate the trade
unions of the Latin American countries, and we believe that a descrip-
tion of the pai'ts played in this operation by the Soviet Union, Vicente
Lombardo Toledano of Mexico, and the World Federation of Trade
Unions will not be amiss here since it points up the carefully synchro-
nized collaboration that is always evident between Communist domi-
nated elements.
Constantin Oumansky was the second Soviet Ambassador to the
United States. He had been trained in the Red Army, was a specialist
in intelligence operations, and had exhibited a peculiar flair for lan-
guages— being conversant with several, including Spanish. When it was
announced that he would be transferred from his position as Ambas-
sador in Washington and take a position as Ambassador to Mexico,
most laymen considered it a demotion. As a matter of fact, it was quite
the opposite since Oumansky was being groomed for a far more impor-
tant assignment. When he arrived at Mexico City with his inordinately
large staff, he made his initial speech to the assembled representatives
of the Latin American countries and the rest of the diplomatic corps,
and apologized to the Mexican people for his inability to address them
in their native tongue. He said that he had been studying Spanish,
and that on the next occasion he would address them in their own
language, although somewhat imperfectly.
After the lapse of an appropriate period of time, Mr. Oumansky
did deliver his second diplomatic address in somewhat halting Spanish,
and received the undying admiration of the entire Latin American
corps, not only because of his obvious ability in learning so much about
their language in such a short space of time, but even more because
he — unlike most of the other foreign diplomats — had taken the time
96 UN-AMERICAN ACTIVITIES IN CALIFORNIA
and trouble to pay this gracious courtesy. From that time on Ouman-
sky had very little difficulty in getting anything that he wanted within
reason. Vicente Lombardo Toledano was a constant visitor to the Soviet
Embassy, and he and Oumausky launched an organization known as
the Confederation of Latin American Workers, patterned after the
Federation of IMexiean "Workers. Units of this new organization were
planted throughout the South American countries, and so successful
was their penetration of mass trade union organizations throughout
South America that both Toledano and Oumausky were called upon
to make many trips for the purpose of addressing them and lending
leadership and direction to their activities. One morning Oumausky
was scheduled to leave the ^Mexico City Airport and fly to one of these
conferences. As his plane circled to gain altitude above the city there
was a violent explosion and it literally flew to pieces when it was about
400 feet from the ground. Everyone in the plane was killed. The
origin and nature of the explosion were never determined.
Since the death of Oumausky the ostensible leader of the Confedera-
tion of Latin American Workers has been Mr. Toledano, who is also
a Vice-President of the World Federation of Trade Unions. His Con-
federation of ]\Iexican Workers sponsored the constitution of the Latin
American organization in 1938 and has been the "determinate influ-
ence in the development of the Latin American labor movement. "^^
When some of the Communist dominated C. I. 0. unions were investi-
gated by the parent organization during the years extending from
1948 through 1950, and were expelled after extensive proceedings, they
immediately affiliated themselves with the World Federation of Trade
Unions. Those union organizations that were dealing in maritime ac-
tivities were particularly eager to make this affiliation, and chief among
them was the Marine Cooks & Stewards Union, which recentlj^ went
out of business and reopened its activities again under non-Communist
leadership. We have already referred to its former President, Hugh
Bryson, as having been the statewide director for the Independent
Progressive Party 's political campaign in 1948, and who was thereafter
convicted in a federal court for having sworn falselj" concerning his
collaboration with the Communist Party in this state. The Commission
on Government Security, in its report issued in 1957, had this to say
about the Marine Cooks & Stewards Union:
' ' The Marine Cooks & Stewards Union in its own right today rep-
resents between three thousand and four thousand seamen serving in
the mess halls, galleys, and dining rooms aboard vessels plying be-
tween the Pacific Coast and the Far East. The union, in addition to
this source of strength and support, also has very close attachments
and support from the International Longshoremen and Warehouse-
men's Union headed by Harry Bridges. In a recent issue of the
union newspaper, when the leadership felt that threats were being
«> Report of Activity of the V^'orld Federation of Trade Unions, 15 October, 1945-
30 April, 1949. Presented to the Second World Trade Union Congress at Milan, 29
June-10 July, 1949, p. 91. 3 Rue des Cloys. Paris, XVIII.
UN-AMERICAN ACTIVITIES IN CALIFORNIA 97
made about the way it operated its hiring hall, President Bryson
called upon the owners and the government to take heed of the
fact that not only did they face the Marine Cooks & SteAvards
Union members, but also the possible strike sanction of the Long-
shoremen of the West Coast, and, in addition, the possible strike
sanction of Longshoremen in South Africa, Australia, and other
countries where other Longshoremen's Unions are closely associated
with the World Federation of Trade Unions. ' ' '^^
Thus it will be seen that some of the unions formerly in the C. I. 0.,
and expelled from that organization because they were found to be
Communist dominated, have since affiliated with the World Federation
of Trade Unions; and instead of securing a strike influence within
the relatively limited sphere of their former activity, they can now
be instrumental in launching strike activities throughout the entire
world.
Four years after the London meeting that created the World Feder-
ation of Trade Unions, another important international trade organ-
ization was established at a meeting in that city. Delegates came from
Africa, Asia, Europe, North and South America and the Carribean,
the only stipulation being that the workers in the countries represented
should be free to organize in unions of their own choice, and in some
instances in countries where freedom had been ground almost to ex-
tinction by the dictatorial nature of their governments. During the f our
years that elapsed since the formation of the World Federation of Trade
Union and the 1949 meeting in London that we are now discussing,
a great many of the original members of the W. F. T. U. had become
convinced that the organization was simply another creature of the
world Communist movement and resigned in order to affiliate with the
International Confederation of Free Trade Unions. The latter organ-
ization is predominantly anti-Communist, is affiliated in a consultative
capacity with the United Nations and various regional economic com-
missions for Europe, Asia and Latin America, together with the Inter-
national Labor Organization at UNESCO. Permanent representatives
are maintained at New York, Paris and Geneva, and the former Presi-
dent of the World Federation of Trade Unions, Mr. A. Deakin, of Great
Britain, is now serving as a vice-president of the International Confed-
eration of Free Trade Unions. Those from North America who are
listed as members of the executive board are : G. Meany, W. P. Reuther,
D. MacDonald, C. Jodoin, J. L. Lewis, M. Woll, J. Potofsky, C. H.
Millard, P. R. Bengough, P. Kennedy, I. Brown, M. Ross, F. W. Dow-
ling, G. J. Cushing and J. Owens.
Permanent headquarters is located in Brussels manned by a statf of
about 70 persons, branch offices being maintained in Paris, Geneva,
New York, Brussels, Mexico and Calcutta. Trade union organizations
affiliated directly to the I. C. F. T. U. are to be found in : Austria, Bel-
gium, the Basque Country (in exile), Cypress, Denmark, France, Ger-
*i Report of the Commission on Government Security. Public Law 304, Eighty-fourth
Congress, as amended, June, 1957, p. 329.
4— L,-4361
98 UN-AMERICAN ACTIVITIES IN CALIFORNIA
many, Great Britain, Greece, Iceland, Italj^ Luxemburg, Malta, Nether-
lands, Norway, Sarr, Spain (in exile), Sweden, Switzerland, Trieste,
British Cameroons, Gambia, Gold Coast, Keiwa, Libya, Madagascar,
Mauripius, Sierra Leone, Tunisia, Ceylon, China (Formosa), Hong
Kong, India, Japan, Korea, Malaya, Pakistan, Philippines, Singapore,
Thailand, Israel, Lebanon, Persia, Canada, Mexico, United States, Brit-
ish Honduras, Costa Rica, Panama, Barbados, Cuba, Dominica, Gra-
nada, Haiti, Jamaica, Puerto Rico, St. Kitts-Nevis, St. Lucia, St. Vin-
cent, Trinidad, Turks Islands, Argentina, Bolivia, Brazil, British
Guiana, Chile, Colombia, Ecuador, Falkland Islands, Peru, Surinam,
Uruguay, Venezuela, Australia and New Zealand.
The.se two great worldwide organizations, one pro-Communist and the
other anti-Communist, are pitted against each other in a struggle that
has received very little publicity, but which reaches into our own coun-
try and certainly into the pacific coast and California where its effects
are felt almost daily.
Philip M. Connelly
Probably the most influential single person in the state of California
insofar as the infiltration of trade unions was concerned is Philip M.
Connelly. At least Mr. Connelly's influence was the result of his pub-
licly known positions, first in the American Newspaper Guild, and sec-
ondly in the C. I. 0. high command in this state. During the early part
of his activities, especially in the Newspaper Guild, Connelly posed as a
convivial, innocuous, non-Communist, dedicated liberal. As he espoused
more and more partly line resolutions in Guild meetings, his fellow
members became more and more suspicious of his subversive inclina-
tions. As he participated actively in more and more Communist front
organizations, these suspicions were intensified, but Connelly rose from
mediocrity in the Newspaper Guild to one position of authority after
another. He ultimately became state C. I. 0. president, and secretary
of the C. I. 0. Council in Los Angeles. Connelly has been identified as
a Communist Party member by many witnesses. He has appeared as a
witness before this committee, and references to his activities and affil-
iations ma}- be found in our reports as follows : 1951 — pages 93, 255,
264; 1953— pages 76, 102, 172, 208, 280; 1955— pages 417, 418, 419.
No sooner had Connelly progressed to a position of authority in the
C. I. 0., than he opened its doors throughout the state and admitted
hosts of Communist Party members, fellow travelers and sympathizers.
These, added to the numerous officials of the same political persuasion
who had managed to oust John L. Lewis from his position of authority,
so predominated the entire structure of the California C. I. 0. during
the period immediately preceding, during and shortly after Connelly's
tenure, that some of these unions became integral parts of the Commu-
nist Party apparatus instead of orthodox trade union organizations.
Connell.v received dubious notoriety in connection with the part he
played in the strike that paralyzed the production of military planes
UN-AMERICAN ACTIVITIES IN CALIFORNIA 99
for the defense of this government wlien the C-. T. 0. struck North
American Aviation shortly before Hitler invaded the Soviet Union and
the party line changed. He was excoriated by Los Angeles Municipal
Judge Arthur Guerrin in March, 1946, and sentenced to serve 60 days
after a jury had convicted him for inciting a riot, disturbing the peace,
and violating a court order in conjunction with a strike at U. S. Motors
in Los Angeles. He was represented by Leo Gallagher and John T.
McTernan, whose names have been repeatedly mentioned in previous
reports issued b.y tliis committee.
Connelly became eligible for parole in February, 194:7, and wires
asking clemency in his behalf Avere sent by Jeflf Kibre, William Elconin,
and William Brody — all identified as members of the Communist Party.
Connelly was released in March, 1947, after having serving 50 days of
his 60-day sentence. Among those who greeted him on his release were
Joseph O'Connor, of the Marine Cooks & Stewards Union, William
Axelrod of the Newsvendor's Union, John Daugherty, of the United
Electrical Workers Union, Andrew Barrigan of the Newspaper Guild,
and Connelly's wife, Dorothy, who, under the name Dorothy Healey,
was then and is still chairman of the Los Angeles Communist Party.
Connelly was again convicted in 1947 of driving while intoxicated and
served another term at the Los Angeles County Sheriff's Honor Farm.
Since his release he has been the Los Angeles editor of the Communist
newspaper, the Daily People's World.
We cite all of this background material for the purpose of showing
how the Communists managed to infiltrate a great trade union organiz-
ation in this state a few years ago, and we hasten to emphasize that
many of the unions then infiltrated and later expelled from the C.I.O.
for that reason are still functioning under Communist domination and
now constitute a serious threat to our national security and to the
welfare of our state. These infiltrated unions that were expelled from
their parent labor organizations are still operating under Communist
control, and virtually all of them are dealing with industrial matters
that are most essential to our continued defense. The International
Longshoremens and Warehousemens Union ; the American Communica-
tions Association; the United Public Workers of America; the United
Mine, Mill & Smelter Workers ; educational unions such as the Los An-
geles Federation of Teachers which was expelled from the American
Federation of Teachers because it was found to be Communist domi-
nated— these, and a host of other critical organizations, all heavily
infiltrated by Communists who are solidly entrenched at the top in
positions of control — pose a constant threat to our continued welfare.
Public Utilities
A few years ago we undertook to find out what measures had been
taken by our public utilities in order to protect themselves against
Communist or other subversive infiltration. We found that whereas a
major part of the aircraft manufacturing industry of the nation is
100 UN-AMERICAN ACTIVITIES IN CALIFORNIA
located in southern California, and all of the machinery that actuates
these plants is operated by electric energy, and despite the fact that
these manufacturing concerns are required by their government con-
tracts to take the most elaborate precautions to screen their personnel
for security and to take detailed measures to safeguard the physical
attributes of the plant by maintaining a guard services, fences and a
system of identification — nevertheless the electric generating plants
that provide the vital power for the operation of these enterprises were
required to have no security protection whatever.
Each of these public utilities providing such vital necessities as tele-
phonic and cable communications, gas, electrical energy and domestic
water, had employed special agents for years, but they were not trained
to handle the problem of subversive infiltration. To think that the Com-
munist apparatus, with all of its elaborate machinery, would fail to
take advantage of the opportunity to invade these wide open areas is
ridiculous. A number of Communists and fellows-travellers were found
employed in critical positions in many of these California public
utilities. A series of conferences between representatives of this com-
mittee and representatives of the utilities were held, and as a result of
these discussions a series of hearings was held in San Francisco and
Los Angeles, and a number of employees were discharged.
Special agents were then employed who had been highly trained in
this specialized field. Since that time the incidence of infiltration has
sharply declined, although it is a constant problem and will continue
to be so just as long as a Communist apparatus exists in the United
States.
Anyone w^ho has seen a Communist dominated strike in action realizes
that it is quite a difi^erent matter than the strikes by non-Communist
unions. Lenin once said that every strike is a tiny revolution, and to
the Communist leaders these occurrences are not only disputes over
wages and working conditions, but embraced a far greater and more
deep-seated struggle between the workers on the one hand and the
capitalists on the other. The Communist Party of the United States
has always called itself the vanguard of the working class, and is
always eager to seize the opportunity during a strike situation to
propagandize, to recruit, to provoke violence on both sides, and to
gnaw away more deeply into the vitals of the American capitalist sys-
tem which they are dedicated to destroy. In the San Francisco general
strike of 1934, in the North American Aviation strike shortly before
World AYar II, in the San Joaquin Valley cotton strikes that were
accompanied by angry mobs of rioting workers led by Communist ex-
horters, in the strike at Warner Bros, studio^and even at the lesser
strikes which resulted in the jailing of Philip Connelly and which we
have already discussed — undercurrents of viciousness, of hatred toward
all non-Communists, and especially the employers, was most discernible.
There is a little-known and an exceedingly rare document concerning
the San Francisco strike which contains a statement bv the Communist
UN-AMERICAN ACTIVITIES IN CALIFORNIA 101
Party and discloses liow it was actually fomented and directed by the
party. The Nortli American Aircraft strike was directed by Wyndham
Mortimer, Pliilip Connelly, Paul Crouch, and other Communist Party
members. Crouch has testified concerning his participation in this
matter and has given abundant testimony to establish the Communist
direction of this paralysis of one of the nation's most vital aircraft
factories. The strikes in the San Joaquin Valley, accompanied by so
much violence and bloodshed, were spearheaded by carefully selected
Communist agitators and organizers sent from San Francisco and Los
Angeles expressly for the purpose of creating class struggle and taking
advantage of the depression by developing it into a "revolutionary
situation. ' '
The committee has evidence of Connnunist propagandists smearing
babies' faces with molasses in order to take photographs of the flies
crawling over the infants' faces, then circulating these photographs for
the purpose of arousing the resentment of members of the Workers
Alliance and migratory agricultural workers who were living in federal
migratory labor camps operated by the United States Department of
Agriculture. At that time, as will be seen in a later section of this
report, the department was loaded with Communists. The strike at War-
ner Bros, studios was the subject of prolonged prosecution and litiga-
tion during which the Communist nature of the strike leaders was estab-
lished. Strikes by Communist-dominated unions are unique because
they are weapons in the class struggle, and they achieve a special
quantity of frenzied hatred and venom that is ominous to behold.
At the writing of this report the Communist Party of the United
States has pledged itself to redouble its efforts to infiltrate American
labor. This is bound to have extreme repercussions in California, be-
cause California and New York are running neck and neck so far as
Communist activity is concerned. Until a few years ago the Party
organization in New York was far stronger, California being second.
Insofar as we can ascertain this is still the case, except that as the
population of California has increased and as this state has achieved
a more strategic importance insofar as its defense industry and geo-
graphic location are concerned, more and more Communist Party mem-
bers have been transferred from the East and from the mid-AVest to
work among us and two prime goals being the infiltration of labor and
education, in that order. In order to document this development, let us
see what the Communist Party itself has to say.
As recently as August, 1958, the National Committee of the Com-
munist Party of the United States declared :
"The Communists strive to win the trade unions to a more con-
sistent program of class struggle and militant action in defense
of the immediate interests of the working class. To achieve these
objectives they join with other Left forces in the ranks of labor.
102 UN-AMERICAN ACTIVITIES IN CALIFORNIA
* * * In the shops, a growing number of militant workers are
shedding their anti-Communist prejudices, and are ready to unite
with all forces, including the Left, to fight the company attacks.
* * * Thousand of union stewards, shop chairmen and other
leaders, received their training in the art of organization at the
hands of Communists. Much of what was once considered part of
the Communists' program has heen taken over hy the lal)or move-
ment and thousands were at one time or another memhers of the
Communist Party and contributed to the advance of the trade
union movement as Communists. (Committee's emphasis.)
Yet, while the past year has witnessed a significant reaffirma-
tion of individual liberty by the federal courts and public opinion,
trade union leadership still persists in its denial of the right of
legal existence to Communists and Left-wingers. Paradoxically,
though the trade unions have played an important part in rolling-
back the McCarthyite ties, they have in this respect succumbed
to its vicious influence.
Today, however, our strength and relative position in the trade
unions are greatly reduced. It is a difficult matter again to play
a role in the labor movement in the spirit of past traditions.
The long period of persecution, compounded by our own errors,
and the ravages of two years of bitter internal struggle, have had
their effects. "^^
There had already been an article in the previous issue of this maga-
zine which, it will be remembered, carries the authentic national Com-
munist Party line month by month, entitled, "On the Communist
Party's Political Resolution," by an author who simply signed himself
"An American Professor." This anonymous pundit declared that he
was not a Communist, and then he made an elaborate analysis of the
main political resolution adopted at the national convention of the
Communist Party of the United States held in February, 1957. He
said, in part, " * * * The theme that dominates the report is the
problem of the formation of an anti-monopoly people's party in which
American labor would eventually assume a role of leadership." The
writer urges development of a national front rather than a popular
front ; he said the convention should have openly supported Soviet
intervention in Hungary, and praised the goal of widespread Marxian
education in America.^^
General Secretary Eugene Dennis of the Communist Party, declared
in the August issue of Political Affairs that:
"It is through struggle that the working class will come to
recognize its true leaders, and repudiate those in labor's top offi-
cialdom who helped pave the way for pro-Fascist reaction — for the
Taft-Hartley Act and the wage freeze, as well as for the Smith
^2 A Policy for American Labor, by the National Committee of the Communist Party
of the United States. Political Affairs, Aug., 1958, p. 11.
*3 Political Affairs, April, 1958, p. 42.
UN-AMERICAN ACTIVITIES IN CALIFORNIA 103
Act. Nor is it excluded that some reformist labor leaders will them-
selves 'reform' as the struggle sharpens. We should draw some
conclusions from the action taken by certain leaders of the Amal-
gamated Clothing Workers, to rally the organization and members
of that union behind the Sabath bill to repeal the McCarran Act.
Trade-union struggle will go on, in spite of internal 'purges'
and F. B. I. 'screening' of the workers in industry. It is going
on right now in the maritime industry, and there will be other
struggles, other strikes — no matter how many Communists go to
jail."«
In other reports we have described how Communists in the vital
field of communications were found entrenched in the employ of Cali-
fornia's public utilities, as well as in the employ of other concerns
whose scopes of operation were equally vital. For example, a person
under Communist discipline employed in the long distance toll depart-
ment of a communications concern is obviously in an important position,
as is an employee whose knowledge of the overall operation of the con-
cern provides him with the facility to disrupt the entire network. Thus
the American Communications Association, heretofore described as
having been expelled from its parent organization because it was found
to be Communist dominated, is the certified bargaining agent for more
than 5,000 employees of the Western Union Telegraph Company
in New York City alone, and also approximately 200 employees of
the Western Union Cable Company in the same area, and for Radio
Corporation of America communications on the West Coast, principally
in California and Washington.
The Western Union Telegraph Company maintains its chief office
for the transaction of business in its building at 60 Hudson Street,
New York City. To this communications network radiate circuits from
all major cities in the United States, and a majority of its employees
handle messages which flow from various government agencies by the
telegraph circuit highlines which connect the main Western Union office
with its agencies. This majority of employees is also under the control
of the American Communications Association. Some of the more im-
portant circuits serviced in this manner are : The United States De-
fense Department's Signal Center of the First Army Headquarters,
Fort Wadsworth; United States Naval Air Station at Floyd Bennett
Field, Brooklj'u, New York ; New York Port of Embarkation, Brooklyn,
New York; United States Naval Shipyards, Brooklyn, New York; Sea
Transport Station, Atlantic Division, Piers 1 , 2, 3, and 4 ; ITnited States
Navy Communications Service, 90 Church Street, New York; Gov-
ernor's Island and Fort Jay, Second Service Command.''^'
Since these are only a few of the more important government agen-
cies on the east coast which are tied in with comparable agencies on
** Political Affairs, op. cit., Aug-. 1951, p. 9.
♦5 Scope of Communist Activity in tlie United States, part 4 1, hearings of United
States Senate Internal Subcommittee, 1951-1956.
101 ux-AiiERiCAX AcnvrriEs es* caltforxia
the west coast, it is a very simple matter to tmderstand how a Com-
munist-dominated union that has hundreds of its members employed
in this communications system can pose a constant threat to internal
security, and it also enables us to understand more clearly why it
is important for all public utilities in the critical field to be on the con-
stant alert to protect the public and the nation against subversive infil-
ration of their facilities. !Mr. E. I. Hageman. national President of the
Commercial Telegraphers Union, Western Union Division, A. F. L.-
C. I. 0., "Washington, D. C. told the Internal Security Subcommittee
that the .American Communications Association was still dominated by a
group of Communists at the top who managed to perpetuate themselves
in positions of control by a system of appointing shop stewards instead
of electing them, of rigging a constitution that allows this sort of
captivity to be accomplished, and an apathetic membership that suffers
such conditions to continue. Hageman declared, *' * * * If the Soviet
espionage system had access to a hard-core Commie in a telegraph
office, there is no question but that they could get information which
might be valuable."
This conclusion is, of course, crystal clear, and applies to every
public utility that deals with any activity vital to public welfare and
security.
Within the past five years every major public ntility in California
has provided itself with a sound, adequate, efficient group of highly-
trained experts in counter-subversion in security matters to take all
necessary measures for the purpose of protecting the utility and the
public against just this type of infiltration. In a later section of this
report we will describe how even the most elaborate protective systems
can never be infallible, and we will endeavor to set forth in detail the
techniques by which the Communist Party is now sending its most
trusted and highly disciplined members into our schools, our uni-
versities, our trade union organizations, our public utilities, and many
other phases of American life.
Stafemenf by George Meany
We have already set forth a brief description of the two great inter-
national labor organizations, the Soviet-dominated World Federation
of Trade Unions on the one hand, and the International Confederation
of Free Trade Union Organizations on the other. On the domestic scene
it is comforting to know that ilr. George Meany. President of the
A.F.L.-C.I.O. in the United States, has consistently been an implacable,
emphatic and active opponent of Communism, both foreign and do-
mestic, although he pointed out in a recent speech to the members
of an F.B.I. Academy that an American Communist is simply a member
of an international organization working in this country. !Mr. Meany 's
attitude toward Communism was so forthrightly expressed on such an
appropriate occasion and has so much practical effect on labor organi-
zations in this state, that we deem it appropriate to quote from the
UN-AMERICAN ACTIVITIES IN CALIFORNIA 105
address mentioned above. Addressinf? the fifty-seventh graduating class
of law enforcement officers at the F.B.I. National Acadenn^ in the
United States Department of Justice Auditorium, Washington, D. C,
Mr. Meany said, in part, that:
"Since the close of World War I, human freedom and individual
diginity — which are the very essence of the American way of life —
have made much progress in some countries. But human liberty
and decency have also been increasingly menaced by a new
enemy. This foe of freedom is a total enemy of all of our cherished
values and individual dignity. His enmity to free institutions is
organized on a total basis. His movements and activities, aspira-
tions and actions are totalitarian in nature. The common aim of
all totalitarian governments — whether they be Communist, Nazi,
Fascist, Falangist, Peronist or Titoist — is to grab all power for
the total destruction of all free institutions and freedom and
for the setting up of a dictatorship. This dictatorship is to have
total power over every human being in every phase of life — poli-
tical, economic, cultural, spiritual and what-not.
That such a dictatorship leads to the horrible debasement of
society, to outraging every human value, to savage brutality in-
stead of rule by law, was most painfully dramatized in the latest
revelations by Khrushchev regarding some of the crimes committed
under the instructions of his late mentor and master, Stalin.
Of course, these various totalitarian enemies here and there —
or now and then — in the degree of the total power they actually
achieve and exercise. They never differ in the degree of total power
thej^ would like to wield over the people.
In varying degrees, these sworn enemies of all our democratic
institutions pose as militant radicals. They use high-sounding
phrases to hide their objectives. But none of them is actually pro-
gressive or really radical. One may be a reactionary without being
totalitarian. But no one can be totalitarian without being reaction-
ary. There is nothing as retrogressive, as ultra-reactionary, as the
totalitarian party organization — or front — whether it be of the red,
brown, black or yellow hue.
The Communist brand of dictatorship is — in many respects —
the most subtle, sinister and dangerous enemy of freedom. It dem-
agoguely poses as a higher form of democracy. It poses as a poli-
tical movement, though it is anything but a political party in the
normal democratic sense as we know it and live it. Furthermore, it
operates as a worldwide conspiracy, as a fifth column, in every
free country — with its head and heart in IMoscow.
The only patriotism the Communist knows is loyalty to the
clique or despot who happens to be at the helm of the Russian
dictatorship at any particular moment.
That is why we of American labor have always said : There
are no American Communists — there are only Communists in
106 UX-AMERICAN ACTIVITIES IX CALIFORNIA
Aincrica. TJiese subA'ersives are fanatical believers in the doctrine
that their end — Soviet world domination — jnstifies any and every
means.
Ill view of the illusions some i)eo])le who speeialize in wishful
thinking now have about the Soviet orbit moving; towards democ-
racy, it is most urgent that we take a sober and realistic look at
the Communist 'new look' and 'big smile' tactics. You need no
agitation or explanation from me on this score. The Communist
criminals, like other dangerous criminals, are no less dangerous
when they are well-masked. In fact, when they are well-masked
they are even more dangerous. Political subversives who seek to
rob the American people of their liberties, are not good citizens
or gentlemen merely because they say they are for freedom, or
merely because the}' wear kid gloves in the process of their criminal
operations. Well-masked, fully camouflaged Communists, do not
make the face of Communism less ugly or its aim less sinister.
Any system of government in which a party is the government
— particularly w^hen there is only one party Avith absolute power
over every walk of life — cannot he government h\j law. And n'ith-
out government hy law, there can he no freedom.
No confessions in New York, no self-denunciation in Prague or
AVarsaw, no revelations in Moscow, no popular front or united
front maneuver can alter this proof. Where the Party is the State
and has all power, there tyranny is unbridled. Tyranny cannot
be reformed. It must be abolished.
Perhaps the most important reason why Communism is the
most dangerous totalitarian enemy of human liberty and human
decency is because the Communist conspiracy has chosen the ranks
of labor for their principal field of activity. The Communists have
made the capture of the trade unions their main purpose and the
chief road to the seizure of power.
In modern industrial society, in the days of large-scale produc-
tion and automation — on the threshold of the atomic age — control
of the trade unions by Communists w'ould enable the agents of a
hostile foreign power to subvert our economic life, impose indus-
trial paralysis on the land and establish a firm foundation for
overthrowing our democratic government and replacing it with a
dictatorship over all our people — including the workers. This is
exactly what happened in Czechoslovakia.
In our own country and in every other land outside the Iron
Curtain, the Communist Party and its network of front outfits are
a dangerous military installation of a hostile foreign power. Here
we have a subversive conspiracy, a fifth column, employing the
camouflage of a national political party and masquerading as a
movement of social reform.
Can you imagine what chance democracy would have in present
day Germany, if the trade unions of the Federal Republic had
fallen into Communist hands? Imagine what could happen to
UN-AMERICAN ACTIVITIES IN CALIFORNIA 107
human freedom in onr own country if the Communists were in
control of the A. F. L. - C. I. 0. Consider the frightening instabil-
ity of democracy in France and you Avill find it is, in small meas-
ure, due to the fact that the Communists have won commanding
positions in the trade unions of that country.
Here, I must add that thanks largely to the special activities
of American labor in support of the democratic free trade union
organizations in Italy and France, the Communist grip on labor
has been shaken there. These Soviet agents can no longer call the
paralyzing political general strikes they used to inflict on the
people of France and Italy.
We of American labor approach this Communist program and
face the Communist menace as citizens and as trade unionists. We
fight this enemy unrelentingly, without a letup. We don't fall for
any of the Communists' maneuvers, because we do not believe in
doing business with them — on a partnership or any other basis.
We fight this enemy with the philosophy of democracy. We fight
Communism with practical deeds as well as hard-hitting publica-
tions in many tongues. We expose their fallacies and frauds and
put Communism in its proper and ugly light by comparing its
Soviet paradise with our human American institutions and achieve-
ments. They are not always perfect — but they are always getting
better.
If you will take a look at the Communists in our country or
in any other country, on either side of the Iron Curtain, you will
see that we are under constant bitter attack. This obviously because
our policies and activities really hurt the enemies of freedom
everywhere.
Our philosophy as American citizens is that democracy and
dictatorship cannot mix. The one is the very opposite of the other.
They have nothing in common. They negate each other.
"Our philosophy as trade unionists is that without democracy
there can be no free trade unions and without free trade unions
there can be no democrac3^
To us of American labor, freedom is not only an ideal but a
most vital and vested interest. That is why we do not go in for
delegation exchanges with Moscow, Peiping, Warsaw or Bucharest.
We have nothing to get from them and nothing to sell them. Not
until there are free trade unions in these countries will there be
freedom in these lands. As we see it, not until the Russians are
free to visit each other and exchange opinions and have freedom
of communication with each other will it be possible for Russians
or Americans to correspond or communicate freely with each other
and really get to know each other. That applies to cabinet mem-
bers and military experts no less than to union officials."
108 UN-AMERICAN ACTIVITIES IN CALIFORNIA
And in conclusion, Mr. Meany said :
"As we see it, Communism is no longer 'a spectre' in the sense
Karl Marx once spoke of it. Communism has become a deadly
reality. Millions of Russians, Chinese, Poles, Germans, Baits and
others whose unmarked graves have yet to be revealed — tell only a
very small part of the gruesome story of the transformation of
Communism from spectre to reality. The curse of Communism is
not 'cult' of the individual but Communism itself. It is the cult of
Communism which is the enemy we face and must vanquish. I am
confident American labor will adhere to its principles of devotion
to freedom and our free institutions above all else. As long as
Communism adheres to the doctrine of world subversion and domi-
nation, the Communist powers will constitute a real threat to the
way of life, to the progress and even to the very survival of our
Country and every other free country. As long as any government
is totalitarian, that is — as long as it denies to its own people
the enjoyment of democratic liberties, no real and enduring
peace — based on genuine mutual trust, can be achieved through
agreements with that government.
In our own midst, at home as well as abroad, the Communists
have also redoubled their talk of coexistence with the rest of us.
In the name of the 'Geneva spirit,' the Communists and their
dupes are now calling for an end to every legal effort to curtail
their subversive activities and their efforts to infiltrate our free
institutions. The Communists like nothing better and want nothing
as much as to be given a free hand to use our democratic liberties
for the purpose of subverting and destroying our democratic
society.
In the interest of self-preservation, governments and societies
founded on the principles of liberty must protect themselves by
taking measures against subversive movements and their activities.
He is no liberal who does not believe in safeguarding democracy
and its liberal institutions. True liberalism is the very opposite of
every brand of totalitarianism."
The next section of this report will deal with the Communist infil-
tration of the motion picture industry, and there we shall see how the
Teamsters Union was infiltrated during the middle twenties for the
purpose of gaining control of everything that moved on wheels within
the studio. This powerful organization, the Teamsters Union, has been
much in the press during the past several months due to the prosecution
and conviction of former president Dave Beck and the congressional
investigation of his successor, James Hoffa, because of his associations
and activities with known criminals. It is then interesting to note that
as recently as June 20, 1958, members of the Teamsters' Union and
representatives of the Harry Bridges' International Longshoremens
and Warehousemens Union met at the Hotel Statler in Los Angeles to
UN-AMERICAN ACTIVITIES IN CALIFORNIA 109
discuss the possibility of co-operating for tlieir mutual benefit. There
have been rumors that these two great organizations intend to join
forces. A representative of the Teamsters declared after the meeting
that, ''Our local unions have the necessary autonomy to enter agree-
ments and organize common fronts with whomever they choose."'*''
A similar statement was issued in July, 1958, by representatives of
the International Longshoremens and Warehousements Union. The
Communist newspaper declared that it understood an organizing meet-
ing of Canadian and American trade unions would soon be held at
Windsor, Canada, to lay the ground for a gigantic drive to organize
all transportation unions including the Teamsters, Dockers, Seamen,
Clerks, members of the National Maritime Union and members of the
International Longshoremens and Warehousemens Unions.^'^
The Statler Hotel meeting was under the direction of Louis Gold-
blatt who represented the ILWU as its secretary-treasurer, and who
has also been identified as a Communist Party member by several wit-
nesses who appeared before this and other legislative committees.^^
This move to amalgamate the Teamsters' Union under the leadership
of James Hoffa and the International Longshoremens and Warehouse-
mens Union under the leadership of Harry Bridges and Louis Gold-
blatt is the most recent major development in California involving-
unions that are Communist infiltrated, and one that is actually Com-
munist controlled. Since the Teamsters control everthing that moves on
wheels, and the ILWU controls a large part of transportation b}^ water,
the implications of such an unholy wedlock to the security of the
United States is too manifest to need further amplification.
At the last meeting of the National Committee of the Communist
Party of the United States all of the emphasis was on the infiltration of
American trade unions and American educational institutions. It is
now being implemented by direct action. For those who wish further
documentation to fully corroborate this conclusion, we refer them to
Political Affairs for August, 1958, page 11; National Review, January
31, 1959, page 491 ; Political Affairs, April, 1958, page 42.
INFILTRATION OF THE MOTION PICTURE INDUSTRY
lu 1934 a considerable sum of money was sent by the Soviet Com-
missar for Heavy Industry, who was then registered at the Claremont
Hotel in Berkeley, to a Communist contact in Hollywood. This sum
was to be used for the purpose of creating an entering wedge into the
motion picture industry. No immediate effort was made at that time
to recruit movie stars or technicians into the party, the entire atten-
tion of the Communists being concentrated on capturing key trade
*^ Los Angeles Times, June IS, 1958.
^'^ Daily Worker, August 3, lilfiS.
*^ See The Alliance of Certain Racketeer and Communist Dominated Unions in the
Field of Transportation as a Threat to National Security, report by the Subcom-
mittee to Investigate the Administration of the Internal Security Act and Other
Internal Security Laws to the Committee on Judiciary of the United State Senate,
Eighty-fifth Congress, 2d Session, December 17, 1958.
110 UN-AMERICAN ACTIVITIES IN CALIFORNIA
unions. This was the procedure laid down by the Comintern and later
set forth in textbooks of the Communist Party. Strong Communist fac-
tions were planted and maintained in almost every Hollywood trade
union that had jurisdiction over anything in the motion picture studios.
The Communist Party working in IIollyAvood wanted control over
everything that moved on wheels — sound trucks, camera platforms,
transportation of equipment and personnel to and from locations, and
even the tray-dollies in the cafeterias. They soon moved Communist
units into those unions having jurisdiction over carpenters, painters,
musicians, grips, and electricians. To control these trade unions was to
control the motion picture industry.
Next in importance to the Hollywood trade unions working in the
industry were the writers, script men and the other professionals hav-
ing to do with the actual story writing and the production of motion
picture plays.
This infiltration, as we pointed out in our 19-4:3 report, pages 93-94,
was accompanied by a system of blacklisting for members who had
openly opposed Communism or the Communist cliques, and many
highly skilled individuals were unable to secure employment because,
during these early days of the invasion, they presumed to oppose Com-
munism.
The Painters' Union was captured. So was the Screen Writers Guild,
to some extent. The Screen Actors Guild fought so hard to keep out of
the Communist clutches that it fell into the pudgy arms of the late
AVillie Bioff, the mobster from the east who muscled into a top position
in the International Association of Theatrical and Stage Employees.
After Bioff was convicted for trying to bribe certain studio executives,
the Communists renewed their attack and for years the writers were
heavily infiltrated. They would have succumbed long ago were it not
for the stout resistance of a group of determined, capable, hardhitting
patriots who are still very much aware of the never-ending menace."*^
There was a nucleus of confirmed Marxists already on the Holly-
wood scene when the Commissar sent the Soviet money to his contact —
a Communist who is now working elsewhere but still in the trade union
field. Some were writers like John Howard Lawson, who had become
fired up with revolutionary fuel in the pro-Communist League of
American Writers and has been hissing along under a full head of
steam ever since ; some were actors like Morris Cornovsky who had been
infected in the John Eeed Clubs and the Group Theatre.
In its dingy little rooms at 126 West Sixth Street, Los Angeles, the
Communist Party issued directions and appointed activists to assist in
tlie task of infiltration, indoctrination and recruiting. Late in July,
1911, this committee questioned Jack Moore, then Secretary of the Los
Angeles Communist Party. Since that time many legislative commit-
tees— both state and federal — have inquired into the subversive pene-
tration of the glamorous realm of motion pictures, but Jack Moore is
<»See 1943 committee report: also The Red Decade, op. cit., pp. 284-2S9.
UN-AMERICAN ACTIVITIES IN CALIFORNIA 311
the first liighly qualified, nntlioritative ])arty official to disetiss the mat-
ter under oath. His testimony was not lonji' or detailed in this regard,
but it Avas crystal clear, solid and unefjuivocal.
"Q. (by Mr. Combs) : Do you know whether or not, Mr. Moore,
the Communist International has laid down a policy of capturing,
since the May convention, industry; was a method laid down for
propagandizing ?
''A. No, I don't recall that they ever laid down such a policy.
"Q. I read from the same treatise, page 44, entitled: 'Means of
Ideological Influences (a) The Nationalization of Plants; (b) the
Monopol.v of Book Publishing. '
"The Witness: Pardon me, may I ask a question?
"Mr. Combs: Certainly.
"The Witness: Isn't this the record of the organization of So-
cialists as it w^as in Russia after the revolution?
' ' Mr. Combs : This is ' The Policy and Program of the Commu-
nist International. '
' ' The Witness : It isn 't the record of the organization of So-
cialists ?
"Mr. Combs: No (continuing to read): '(c) The Nationaliza-
tion of Big Cinema Enterprises, Theatres, etc.; (d) The Utilization
of the Nationalized Means of Intellectual Production for the Most
Extensive Political and General Education of the Toilers and for
the Building Up of a New Socialist Culture on a Prolitarian Class
Basis. '
"Q. Mr. Moore, do 3^ou know whether any efforts have been
made in Los Angeles County to get members into the motion pic-
ture industry through the craft unions or the trade unions?
"A. In every other industry, too.
"Q. Now, let's limit it in this instance.
"A. The Communist Party tries to recruit members — the motion
picture industry as well as other industries. Naturally, we are in-
terested in industrial workers wherever they may be.
"Q. That effort has been made in this Country?
"A, Of course.
"Q. With the motion picture industry?
"A. Yes."
Now, of course, we are quite aware that there was a heavy attempt
by the Communists to secure enough control in the industry to event-
ually use pictures as vehicles for propaganda; to tie up studios by
paralyzing strikes; to adorn front organizations with the nanu^s of
naive stars as bait to attract others. But what else did Mr. Moore
tell us? He declared that this program was in accord with a directive
issued by the Comintern in Moscow and implemented by obedient
action on the part of the Communist Party in Los Angeles County.
112 UN-AMERICAX ACTH'ITIES IX CALIFORXIA
John Leech was one of the early tuncticnaries who preceded Moore
b}^ several years. He broke with the party and gave a Los Angeles
County Grand Jury a Toluminous statement naming hundreds of
motion picture luminaries from whom he had personalh" received Com-
munist Party dues. Max Silver came several years after Moore, served
as secretary of the party, also dropped out of Communist activities
and has testified conceriiing the same matters. lie didn't drop quite
as far as Leech, however. Not yet, at least. The Leech document is
monumental, has never been made public, and probably never should
be. Many of the persons named completely broke with Communism
years ago, while others are still active in the underground and unaware
that their earlier connections have already been revealed.
The John Reed Club, the Pen and Hammer, the American League
for Peace and Democracy, the Joint Anti-Fascist Refugee Committee,
the various Soviet Friendship Leagues, and the perennial committees
to shore up civil liberties were the first Communist fronts in Holly-
wood. Then came a host of cultural organizations, then a group for
the support of Loyalists during the Spanish Revolution, then the
anti-Xazi fronts that sprang up overnight when the Germans violated
the non-aggression pact and invaded the fSSR on June 22, 1941.
During the era of the first united front, 1935-1945, these fronts
multiplied with great rapidity into an intricate and confusing Red
network. They had interlocking directorates, traded their mailing lists,
exchanged their speakers, aided each other financially, faithfully fol-
lowed the party line, and were carefully synchronized and manipulated
by the local Communist officials from their drab offices on West Sixth
Street.*
Some of these fronts were huge. The Hollywood Anti-Xazi League
had 4,000 members; the motion picture Democratic Committee, 1,700.
Sometimes two or more of the largest fronts joined forces to stage a
public affair to exploit a new twist in the party line, raise funds and
propagandize. Even by Hollywood standards these affairs were colossal.
Usually held at the Embassy Auditorium at Xinth and Grand, these
functions jammed the hall with several thousand people. There were
impressive settings, klieg lights, a glittering array of stars and rabble-
rousing speakers who scoffed and sneered at our American institutions,
inflamed racial minority groups, painted ominous pictures of the im-
pending collapse of civil liberties, damned the FBI and legislative com-
mittees as Fascist, and sang the praises of the Soviet L'nion and the
party line.
Hundreds of thousands of dollars were collected at these colorful
affairs. The agents who covered them were invariably struck by the
general resemblance — as to technique — to the Gerald L. K. Smith meet-
ings and newsreel pictures of similar mass meetings held abroad during
the war by comparable movements. Tliroughout the period of the first
* Los Angeles Communist Party Headquarters is now located at 524 South Spring
Street.
UN-AMERICAN ACTIVITIES IN CALIFORNIA 113
united front tlieso orj^fanizations flourished and ninlliplied, and were
enthusiastically supported by proniiiu-nt film personalities.
During the war Russia muffled the American Communists. We were
pouring lend-lease material into that country, taking the pressure off
the P]astern front, and flexing our capitalist muscles on behalf of our
Communist ally. So that ally deemed it best not to irritate us with the
usual subversive actions of its agents in our midst. The Communist-
dominated unions turned off the strikes, the fronts reoriented them-
selves in support of our Avar effort, and party activity was slipped
down into a lower gear.
Then came the battle to oust Communists from their positions of
control in the industry shortly after the war was over. A series of hear-
ings was held by this committee, followed by others before congressional
committees. The fronts were exposed, the names of the members were
published, the Communist control was unmasked and the picture indus-
try began to clean its own house. In 1943, the late James McGuinness,
staunch foe of everything subversive and of Communism in particular,
started the Motion Picture Alliance for the Preservation of American
Ideals. Head of the story department at M. G. M,, and highly respected
throughout the industry, McGuinness soon put together a hard-hitting
and influential organization. Typical of the other members were Sam
Wood, John Wayne, Borden Chase, Ward Bond, Adolphe Menjou, Roy
Brewer, and scores of prominent writers, directors, actors and techni-
cians. All were and are dedicated to the task of ridding their industry
of insidious penetration by Communists.
During the late thirties and early forties V. J. Jerome made several
trips to California from New York in his capacity as chief of the
party's Cultural Commission. Copies of telegrams that passed between
Communist officials immediately before and after his visits show how
each was followed by a rash of new activity in the process of subvert-
ing Hollywood. As the writer, John Howard I^awson, was moved into
position as Jerome's California representative, the boss made fewer
trips. Lawson 's Communist record has been thoroughly covered in pre-
vious reports following his appearance before us several years ago. He
has spent much of his time in the east since being exposed, but as this
portion of the report is being written he is back with us once more.
By 1945 the infiltration had reached alarming proportions. Once se-
cure in their positions of authority the Communists employed the old
technique of promoting each other and smothering everyone else. Just
as they had applied this ruthless tactic in the political arenas, the
universities and the trade unions, and in the wartime agencies of gov-
ernment, they now utilized it in their penetration of the motion picture
industry. When they were exj^osed, forced to resort to the Fifth Amend-
ment, and were unseated from their vantage places, these Communists
pictured themselves as the innocent victims of a blacklist. The differ-
ence, of course, was one so very simple that many people accustomed
to thinking in more complicated terms failed to grasp it.
114 UN-AMERICAN ACTIVITIES IN CALIFORNIA
The Red Blacklist
The Communists themselves blacklisted all non-Communists because
they were operating as agents in a world crusade directed by the inter-
national headquarters at Moscow, and this operation was one phase of
that crusade. All Communists are imbued with the hate motive of the
class struggle and they were carrying out their role in the plan by
promoting each other in an attempt to control a vital propaganda
medium. The loyal Americans who opposed and exposed them were
prompted by patriotism. Yet the latter were accused of blacklisting
the former.
By this twisted tliinking, every F. B. I. agent who does his duty in
removing a Communist from a sensitive government position and
thereby protecting his country against espionage, is accused of foster-
ing a blacklist because the subversive employee is flushed out of his
position. And every legislative committee that exposes subversive in-
filtration participates in the blacklist because employers are reluctant
to hire people who hate capitalism and are dedicated to the destruction
of our government by every foul and unfair means at their command.
But this sort of twisted thinking is typical of Communists, and they
have used it to convince a great many confused liberals.
Now the plain truth is that in the process of advancing each other
and choking all non-Communists, the Party is operating the vilest
blacklist of all time. Ask the active anti-Communist professor or trade
unionist wlio has been smeared, undermined, stifled in his work and
called a McCarthyite Fascist.
But we are dealing here with motion pictures, so let us examine an-
other actual case. In a major studio a picture was being made that was
to achieve Academy Award stature. The producer, director and writer
were party members. One of them has since dropped out of all Com-
munist activity. The director was receiving $2,500 per week, and our
reports mention him 34 times in connection with Communist affiliations
a)id activities. He taught at the Communist school in Los Angeles — •
then known as the People's Educational Center. There he met two other
party members who needed studio jobs.
During his attendance at the young Communist organization, then
known as American Youth for Democracy, this .$10,000 per month di-
rector met a third party member — also in need of work as a writer.
At meetings of the Progressive Citizens of America, a Communist
cultural front, the director discovered four more Communists.
The two teacliers from the Communist school went to work at the
director's studio. One of them started at $500 a week and was quickly
raised to $600 and then $750. The young Communist organization
workers sold a 20-page story to the same studio for $25,000. And the
front activists went to work at tlie studio at the insistence of tlie same
director at salaries ranging from $500 to $1,400 per week. As we have
said, all were Communists and, with a single exception, far less capable
than the non- Communists who were rejected for the same positions.
UN-AMERICAN ACTIVITIES IN CALIFORNIA 115
At the same time, at the same studio, a well-known and tlioronghly
competent writer contemplated the high salaries being paid this squad-
ron of Red invaders and asked for a $100 raise. He was an anti-Com-
munist, and he was ]n-()m])tly undermined and fired. Thus another
vacancy was created. His place was filled by another invader who was
immediately given a $750 raise over his original $250 per week salary.
There were many such cases. At RKO the head of the music depart-
ment refused to use Hanns Eisler as the composer for a picture —
simply because he was musically inept. But, Hanns, a Communist, was
the brother of Gerhardt Eisler — Comintern boss in the United States,
and the producer of the picture was also a Communist. So Hanns Eisler
got the job.
By 1945 the infiltration had progressed to the point where propa-
ganda was beginning to appear in pictures and the industry was liter-
ally teeming with Communists. So secure was the control of key unions
that the party bosses at the headquarters on West Sixth Street decided
to make a bold move. They sanctioned a strike at Warner Bros, studio.
The Conference of Studio Unions actually manned the picket lines and
comprised the painters, set designers, sign writers, screen cartoonists
and office employees. The left-wing control of the conference was openly
headed by one Herb Sorrell, a large and muscular man Avith a most
aggressive attitude. He has appeared before us and we have heretofore
published his record of subversive connections. We have also taken the
testimony of two prominent handwriting experts who have authenti-
cated his signature on a Communist membership book.
There was much violence at Warner Bros, during this strike ; an
average of 50 patients per day were treated at emergency first aid
stations; public sidewalks and streets were blocked by 2,500 pickets
in the face of a court order against any such mass demonstration.
Police cars were upset when they approached the scene — uniformed
officers trapped inside. It soon developed that the strikers were repre-
sented by a battery of Communist lawyers, Frank Pestana, Ben Mar-
goUs, Charles Katz, and Leo Gallagher, all repeatedly identified by
witnesses as Communist Party members.
As sheriff's deputies moved in to enforce the court order and pre-
vent the bloody incidents that were occurring with increasing frequency
and viciousness ; as the strike leaders and their counsel were identified
a.s Communists, the strike lost impetus and sputtered out.
In November, 1950, the National Executive Board of the AFL Paint-
ers' Union announced the results of its searching investigation into
the affair and declared that Sorrell had "willfully and knowingly
associated with groups subservient to the Communist Party line ' ' - "
and ordered him not to hold any union office for five years and riot to
attend any union meetings during that period. In February, 1952,
Sorrell's local union was dissolved and he dropped out of all union
activities. ^^
^Report of National Executive Board, AFL Painters' Union, Lafayette, Ind., Nov.,
1950.
^^ Los Angeles Times, Feb. 15, 1952,
116 UN-AMERICAN ACTIVITIES IN CALIFORNIA
As resistance to the Red iuvasion stiffened and as more legislative
committees continued to flush out and expose hidden Communists, many
courageous former party members scorned to invoke the Fifth Amend-
ment and aided their industry, their state and their country in co-
operating fully to combat the infiltration. Witnesses like Edward
Dmytryk, ]\Iartin Berkeley, Charles Daggett, Leo Townsend, Elizabeth
Wilson, Richard Collins, Frank Tuttle — these and many others readily
admitted past membership and identified their former comrades. They
were supported by the Motion Picture Alliance, thanked by the com-
mittees and blasted by the Communists as stool pigeons and traitors.
The effort to inject propaganda into pictures was not really put to
much of a test. The strength of the invasion was broken too soon, but
experts have explained to us that the approach was exceedingly
subtle — and it required a long time to be effective. The Communists
realized that blunt, open propaganda would easily be detected ; the
public would object, those responsible would be eliminated and the
party would lose some valuable agents. So, as in the universities, the
approach was indirect and slanted with great caution. Writers and
directors were instructed to hammer away at the class struggle theme,
glorifying the "toiling masses," damning the bloated capitalists. Thus
the bank president, the chairman of the board, the department store
owner, the wealthy aristocrat or the politician was portrayed as a
selfish, venal parasite squeezing dry the underprivileged masses. And
their employees or constituents were depicted as lean, underpaid, over-
worked and most unhappy. This theme, repeated through endless vari-
ations, was calculated to create contempt for the free-enterprise system,
mistrust of public officials and lack of confidence in the government.
The motion picture industry has demonstrated how determination,
organized resi^stance and relentless exposure can invariably whip the
Communists soundly. But it is also demonstrating the lamentable and
tragic fact that the indifference of the average American, once he is
given a brief respite from the Communist menace, is constantly opening
the doors to infiltration once again. We must learn that Communists
never give up. If only one were left he would devote the whole of his
life to the subversion of our government.
As soon as the industry relaxed, the invasion was resumed. New
techniques were emploj^ed and there are danger signals once again.
In September, 1954, Actors Equity voted down a resolution barring
Communists from membership; in February, 1959, motion picture pro-
ducers admitted they had been buying scripts from some Communists
who had been fired but who were peddling their wares under false
names with the full knowledge of the purchasers. In March, the Acad-
emy of Motion Picture Arts and Sciences lifted its ban against making
awards to those who had defied legislative committees when asked about
their Communist backgrounds. Whenever vigilance is relaxed; when-
ever executives in the motion picture industry, or regents of a great
university, or heads of trade unions show weakness instead of strength
UN-AMERICAN ACTIVITIES IN CALIFORNIA 117
and courage and plain patriotism in dealing witli tliis ceaseless threat — •
then they are becoming the unwitting accomplices in the world drive
to soften ns up for the eventual kill, and to substitute a Communist
regime for the government we should be alert and eager to protect
against subversion from within.
INFILTRATION OF THE PROFESSIONS
The Medical Profession
The Communist Party has always been interested in recruiting
professional people. Law.yers, engineers and doctors are particularly
desired to operate as underground members of the party, not only for
the purpose of lending their names to front organizations and thereby
giving them a semblance of prestige and dignity, but because, as we
shall see, they can perform invaluable services for the advancement of
Communism in areas that would be inaccessible for the ordinary rank
and file party member.
Thus, when atomic research was commenced at Berkeley, California,
in the latter part of 1941 and early 1942, and it was necessary to recruit
a number of atomic physicists to work in the radiation laboratory of
the University of California, the Communist Party had a nucleus of
dedicated scientists all ready waiting for such an opportunity. This was
the International Federation of Architects, Engineers, Chemists and
Technicians, an organization that was started in the Soviet Union by
an American scientist who graduated from the Lenin Academy, and
which spread its tentacles throughout the United States and parts of
Canada. All of these technical men were recruited into the party and
originally placed in a professional unit from which they were detached
to do this particular job of espionage.
In order to illustrate the physical organization and activities of a
professional section of the Communist Party, we can find no better
example than that which was functioning in Los Angeles County in the
late thirties. Headquarters for this section was established at 3224
Beverly Blvd., and the section comprised two units of teachers, one of
newspaper workers, one of doctors, one of lawyers, two of social w^ork-
ers, one of pharmacy workers, one of engineers and architects, one of
theatrical people and musicians, one of writers and artists, and a unit
of miscellaneous professions usually referred to in party circles as the
hash unit. Unit 131 of this Professional Section, comprising w'riters
who were employed by the Federal Writers Project, undertook to make
a historical record survey. Since this project involved the probing into
government archives on the state, county and municipal levels, the
Communist Party was packing it with its members. Sven Skarr, the
California supervisor, was a Communist, and with utter ruthlessness,
he demoted and fired employees who were not members of the party
in order to create jobs for his comrades. In Alaska, in Hawaii, and in
the Philippine Islands, as well as throughout the other 47 states, Com-
118 UN-AMERICAN ACTIVITIES IN CALIFORNIA
munists went burrowing into government records compiling enormous
masses of data that Avere analyzed and correlated for Communist Party
purposes, both here and abroad.
The Communists realized shortly after the party was organized in
the United States that one of the safest places for the arrangement of
important meetings was in a doctor's office. Doctors are protected by
law against revealing any communication that passes between them and
their patients, the waiting room is an insulating protection against
intrusion upon the doctor's privacy, people have a normal reason for
coming to and from his office at all times of the night and day, and
thus these offices provide a safe place for the transaction of important
party business.
In San Francisco, we found a dentist's office being used for such
purposes only a few years ago. In Los Angeles, a dentist bj^ the name
of Y. A. K. Tashjian used his office at 815 S. Hill St., Los Angeles,
to masquerade his actual status as head of the Disciplinary Commis-
sion of the Communist Party for the entire state.
Another instance of the practical use to which Communist doctors
can be put is found in the case of Dr. Samuel Marcus, who was a mem-
ber of the Professional Section of the Communist Party of Los Angeles
County, and at the same time a member of the Los Angeles County
Board of Alienists and doing psychiatric work for the Los Angeles
Superior Courts. On December 6, 1954, the committee held a hearing
in Los Angeles concerning Communism in the Los Angeles County
Medical Association, and examined 30 witnesses during a period of
almost a week. This hearing was conducted at the request of the Medical
Association, some of its officers having become alarmed at the increasing
evidence of Communist penetration in its ranks. Some of the officers
went to Communist front organization meetings and there saw members
of their profession participating in the proceedings in positions of
authority. The hearing was described at length on pages 70 to 395 of
the committee's 1955 report, and we are happy to state that while a
mild problem still exists and will undoubtedly continue to exist so long
as medical men prove susceptible to Communist recruiting, the problem
of infiltration in the Los Angeles County Medical Association is now
comparatively slight.
In the recruitment of doctors the Communist Party places special
stress in getting as many psychiatrists and psychologists as possible
under party control. This group of specialized professionals are of in-
valuable benefit to the party in bringing those members who are giving
evidences of weakness and straying from the path of Marxian rectitude
back into the fold through the application of psychiatric treatment. It
should be born in mind, of course, that party members are ordered to
consult only Communists for their legal and medical problems, and
whenever it is necessary to do a job of reindoctriuation or to report
back to the Communist officials concerning the true mental state of the
patient, psychiatrists are most valuable.
UN-AMERICAN ACTIVITIES IN CALIFORNIA 119
Tiniiiofliatcly at'tci- the invasion ol" [he Soviet Union on Jnne 22, l!)H,
anil the conscMjiiciil oviM'turninu' of (lie intcrnalional Uonnnnnist I'arty
lino, it becanic exiicdiciit lo i-e-cxaiuinc tlu> poiilical rclialjility of those
party members who had been assigned to work in tlie delieate fields of
either uiuUn-^round activities oi- espiona<.':e. One ol' these indi\'iduHls was
Paul Crouch, who had been a ])arty member for 17 years, tried to or-
•i'anize a Comnnmist unit in military intelligence while he was a soldier
at Schofield Barracks, Hawaii, was caught and sentenced to a term in
Alcatraz ]\rilitary Pi-ison and later Avas sent to the Soviet Union for
training.
lie attended tlie Frunze Military Academy, which is tlie (M|niva1ent
to our West Point, graduated with the rank of an honorary Colonel in
the Red Army, reviewed the 40,000 troops which then comprised the
Budeny Division, addressed the Balkan countries over the Comintern
radio network, and was sent back to the United States to take charge
of the infiltration of all of our armed forces with Communist Party
members. Crouch served briefly as a member of the National Committee
of the Communist Party of the United States, and held top positions
throughout the entire country. He headed several state Communist
organizations and was in almost constant contact with the highest rank-
ing members of the party's leadership. He had been in California
several times, but was assigned to this state permanently in 1939 and
ultimately assigned to assume the enormously important command of
the Special Section which comprised the engineers and technicians and
nuclear physicists that we have heretofore described as belonging to the
Alameda County Chapter of the International Federation of Architects,
Engineers, Chemists and Technicians, which also included physicists
then employed at the University of California's radiation laboratory
on secret atomic research.
Crouch reported regularly to his Communist Party superiors, par-
ticularly AVilliam Schneidermann, the organizer for District 13 whose
headquarters were in San Francisco, and was apparently performing
his task with his usual ef^ciency and dispatch and with his usual
amenability to Communist Party discipline. His wife, also a party
member, carried on her duties at the same time, as did his children
who were members of the Young Communist apparatus. Then came the
revolution of the international party line in June, 1941, and the re-
examination of the reliability of top members by the Communist Party
psychiatrists. They evaluated Crouch negatively and made their report
to the proper Communist authorities. Shortl.y thereafter — apparently
in an effort to test the accuracy of this diagnosis— Crouch and his fam-
ily were ordered to leave Alameda County and take up Communist
work in southern California. Now for 17 years these orders had been
accepted by the Crouch family without question. On Communist assign-
ments they had moved from one job to another throughout the length
and breadth of the United States, and had never wavered in their im-
mediate acceptance of Communist Party discipline and assignments. On
this occasion, however, first Mrs. Crouch and then her husband objected.
120 UN-AMERICAN ACTIVITIES IN CALIFORNIA
The conflict between them and their party superiors mounted in in-
tensity and finally they refused to obey the assifiiiment, dropped out of
all party activities, accepted work at Brownsville, Texas, went thence
to Miami, Florida, and while there decided to atone as much as they
could for their 17 years of attempting to subvert their country. Crouch
went to the nearest F.B.I, office and made a clean breast of his 17 years
of Communist activity. From that time forward until he died a few
years ago, Crouch and his entire family devoted their whole time to
assisting their government in every possible way to combat the menace
of Communism.
The point of this narrative lies in the accuracy of the psychiatric
diagnosis and the illustration of the practical value that Communist
psychiatrists can render to the Communist Party conspiracy. Crouch
had not been suspected as weakening by any of his superiors, and only
when a mass re-evaluation of personnel was conducted because of the
changed world situation were these professional men able to probe deep
enough and expertly enough to uncover Crouch's increasing weakness
and his mounting disillusionment with the party. The point is, obvi-
ously, that they were correct, that he did break, that he went all the
way and devoted the rest of his life to exposing in the greatest detail
everything he could think of about the persons he knew as Communists
and the techniques and activities of the party.
Thus we see that the effort to recruit doctors occupies a high place
on the Communist agendum, and that here is yet another area that
demands constant scrutiny and watchfulness in order to effectively
resist the ceaseless program of infiltration and recruiting.
The Legal Profession
Lawyers have always been of enormous importance to the Commu-
nist conspiracy because they are able to guide it through the labyrinth
of its underground activities with a relatively slight degree of interfer-
ence from the constituted authorities — at least in the United States.
We have tolerated this type of activity since the middle twenties, and
while we have been sending our counter-espionage agents deep into
the heart of the Communist apparatus, neverthless the elaborate pre-
caution with which the party has protected itself against such penetra-
tion in recent years has met with considerable success, also. As w^e
shall see later in this section, the Subversive Activities Control Board
has been taking evidence in an effort to determine whether or not the
Communist Party of the United States is directed from abroad as a
preliminary to proscribing its activities in this country, and the Su-
preme Court has, as yet, refused to let the board know whether it is a
constitutional body. Hence, in the event that some day the board
may make a report that the Communist Party in this country should
be made to register all of its members and conform to all of the provi-
sions of the McCarran-Walter Act, then the Supreme Court could at
one stroke destroy all of these years of work, together with the effect
UN-AMERICAN ACTIVITIES IN CALIFORNIA 121
of the decision by declaring that the board was unconstitutional from
its inception.
This committee has been continuously examining members of the
Communist Party and officers of its front organizations for almost
20 years, and we have now become familiar with the same lawyers
who represent the same type of clients at almost every hearing this
committee has ever held. In an excellent report recently issued by
the House Committee on Un-American Activities, dated February 16,
1959, the role of the Communist lawyer is discussed at length, and
we have taken some of the material for this portion of our report from
that document, which can be obtained by writing to the United States
Government Printing Office, Division of Documents, Washington, D. C.
Before discussing in detail the individual lawyers in California who
are not only members of the Communist Party but who have devoted
their lives to furthering its subversive interests, let us once more place
the subject in proper perspective by tracing the development of the
legal arm of the Comintern as it stretched out from Moscow and
manipulated its puppets in the Communist Parties of the world.
Kealizing that Communist subversion in foreign countries must neces-
sarily be a clandestine semi-legal operation, and that the Communists
in those countries would inevitably run afoul of the law, one of the
most important early subdivisions of the Comintern was known as the
International Class War Prisoners Aid Society, designated by the Rus-
sian initials for that title, MOPR, and commonly known among Amer-
ican Party members as "MOPER." By 1925, this organization had its
branches scattered throughout the world and in America it was known
as the International Labor Defense, and had been functioning here
since June, 1922. The first international head of this world Red aid
organization was Klara Zetkin of Germany, a member of the Comintern
Executive Committee. She was followed by Willi Muenzenberg, an un-
usually facile and imaginative functionary who was the originator of
the Communist front and who brought MOPR and its worldwide sub-
ordinate organizations to a high state of perfection.
The first director of the American section of MOPR, known as the
International Labor Defense, was James P. Cannon, and in California
the early ILD organization was headed by Leo Gallagher. The national
organization in the United States was later directed by the late Vito
Marcantonio, who enjoyed the distinction of being the only member of
Congress to actually head a division of an international conspiracy
openly dedicated to our destruction.
Under Gallagher's direction, the ILD in California was constantly
kept busy protecting domestic Communists and getting them out of
jail, as well as representing them in legal proceedings; preventing and
delaying the deportation of alien Communist agents and planning the
strategy and legal ramifications for the operation of the solar system
of Red fronts and propaganda units, as well as the run-of-the-mill
every day Communist Party operations. Particularly in the field of
122 UN-AMERICAN ACTIVITIES IN CALIFORNIA
political stratejry were these legal specialists of great practical value
to the party in California.
Although the American Communists tried to operate the ILD like
any other front and conceal the fact that it was purely a part of the
Communists' far-ilung structure, there were occasional slips. One ap-
peared in a highly authoritative Communist publication which declared
that the International Labor Defense was far too important an organi-
zation to be operated by ordinary functionaries, but must "be guided
by the higher committees of the Party. ' ' ^^
But only the incredibly naive could possibly have been fooled, any-
way. The legal staff of the ILD were all Communists ; it only defended
Communists and party fronts and foreign party agents ; it meticulously
followed the party line and said so in its organ, Lahor Defender. Its
members and officers were Communists and it was operated with Com-
munist funds.
Zealous and vigorous in its defense of Communists, the ILD and its
successor organizations invariably lose interest when its clients de-
nounce the Communist Party and revert to the business of just being
solid American citizens. Take the case of Fred Seal, for a good example.
There are other instances, without end, but Beal's was a famous case
and he lived in California and discussed the matter with representatives
of our committee on several occasions. While he was a party member
he participated in the textile strike at Gastonia, North Carolina. There
was the usual Communist-inspired violence, during which Beal shot a
police officer. The ILD sprang into action and eventually arranged for
him to escape to the Soviet LTnion. Here Beal was hailed as a valiant
fighter for the oppressed toiling masses. Particularly so because his vic-
tim w^as a policeman in the bastion of capitalism at the height of a class
struggle. So, living in comfort at the ]\Ietropole Hotel in Moscow,
Beal was busily giving lectures and basking in the fatherland of world
Communism.
But soon his propaganda value ran dry, and he was left pretty much
alone. He became intensely bored, and after months of such isolation
and complaining one of his more influential and sympathetic Commu-
nist friends promised to escort Beal through the Lubianka prison.
Situated across the street from the Kremlin and connected with it by
an underground passage, this grim structure once housed an insurance
company, but after the revolution it became the headquarters of the
Soviet Secret Police. Here the more important prisoners were tortured
and subjected to interminable interrogation. During the bloody purge
trials and executions that swept across the U.S.S.R. from 1935 to 1939,
tlie endless procession of Soviet officials, generals, admirals, diplomats
and old Bolsheviks were taken to the Lubianka dungeons and there
"persuaded" to sign the most ridiculous and abjeet confessions of
Marxian heres}^ and collaboration witli enemies of tlie regime. Then
they were shot.
^- The Party Organizer, Nov., 1945; see, also. The Red Decade, op. cit. p. 95.
UN-AMERICAN ACTIVITIES IN CALIFORNIA 123
When Fred Beal was taken on a tour of this citadel of terror he was
being accorded a distinct favor. His guide explained how the prisoners
never kiiew whether they would be allowed to live from one day to the
next. The latrines were located at the end of a long corridor, and were
constructed of soundproof reinforced concrete. If a prisoner failed to
return, this meant he had been shot in the base of the skull, and the
body removed through an outside entrance. The psychological effect
on the other prisoners was deemed most salutary, from the viewpoint
of the Soviet Secret Police.
Beal's doubts about the whole Communist movement liad been
steadily increasing. This experience filled him with loathing. Watching
his chance, he managed to sneak out of the country, catch a boat for
the United States, return to North Carolina and there he surrendered
himself to the authorities and served a prison term for his oifense. The
ILD ignored him completely.
This utter hypocrisy is characteristic of every Communist action.
The entire movement is based on materialism and has no time to waste
on such trivialities as religion or sympathy. The class struggle and
hatred is all-important, and the individual is always sacrificed to the
relentless advance of the world Communist revolution. The end always
justifies the means, and these harsh and brutish concepts are ingrained
in the embryonic Communist from the very moment he attends begin-
ners' classes and the tempo is increased throughout his entire mem-
bership in the Communist Party.
Red Legal Aid in Colifornia
In California there was no difference. Operated from 127 South
Broadway, Los Angeles, and staffed by Rose Chernin, Julia Walsh,
Leo Gallagher, and other attornej^s who will be identified later, the
ILD handled strikes by Communist-controlled unions, deportation
matters involving foreign couriers and agents, as well as all cases
where party members were involved with the law. ILD documents in
this committee's files leave no doubt about the invariable practice of
utilizing every courtroom proceeding and every legislative hearing as
opportunities to spread propaganda, undermine respect for consti-
tuted authority, and encourage arrogant defiance of law and order.
Courts, law, officers and legislative committees are regarded by all
true Communists as part of the decadent capitalist system and weapons
of the class enemy — and hence not binding on these soldiers in the
Communist ranks who owe their allegiance only to the cause of world
revolution.
By 1937, according to the ILD's own records, it had 800 branches
scattered through 47 states and claimed a total membership of 300,000.
This membership included, of course, highly placed individuals who
were considered too important to be formally affiliated with the party,
and scores of fellow travelers and members of Communist fronts.
124 UN-AMERICAN ACTIVITIES IN CALIFORNIA
Throughout the period of the party's open activity, heretofore dis-
cussed, and also during the period of the first United Front from 1935
to 1945, membership in this organization increased and the branches
multiplied because there was a corresponding increase of defiant Com-
munist Party activity and a resurgence of activity among its fronts
and propaganda media.
Associated %Yith Mr. Gallagher at the time he was representing the
International Labor Defense were Abraham L. Wirin, now general
counsel for the American Civil Liberties Union in Southern California,
and Grover Johnson, both of whom have specialized in representing
Communist Party members and Communist front organizations. There
were comparable offices in San Francisco with branches scattered
throughout other populous portions of California, but the brains of
the ILD were centered in the American Bank Building offices of Leo
Gallagher and his associates in the cit}" of Los Angeles, and he traveled
all over the pacific coast attending to the duties of his office. One of
the principal officers of the organization informed a person who was
a member of the Communist Party at the time, that the International
Labor Defense was a branch of the Communist Party in the United
States, and that all persons who worked in confidential capacities in
or for that organization were required to be members of the Communist
Part}' or completel}^ subservient to its disciplined^
The principal law firm in San Francisco that handled the ILD mat-
ters was headed by Kichard Gladstein, and associated with him at
various times were George Andersen, Aubrey Grossman, Doris Brin
Walker, Harold Sawyer, Herbert Resner, Charles Garry, Francis Me-
Ternan, and Robert Treuhaft, although the latter has during recent
years confined most of his Red aid activities to the east bay area
comprising Alameda and Contra Costa Counties and the area immedi-
atel}^ adjacent thereto.
At the conclusion of the first United Front era in 1945, the Inter-
national Labor Defense had become so thoroughly exposed as a part
of the international Communist movement functioning in the United
States that it was decided to liquidate it and turn its duties over to
other organizations. Accordingly, about the middle of 1946, it was
merged with the National Federation for Constitutional Liberties, and
then continued its activities under the name of Civil Rights Congress.
Needless to say, the National Federation for Constitutional Liberties
was also a well-known Communist front, and Rose Chernin, who had
directed the ILD activities in Southern California under the super-
vision of Leo Gallagher's office, headed the new organization, as well.
The national director was Elizabeth Gurley Flynn, a charter member
of the Communist Party of the United States, director of its Women's
Commission, a member of its National Committee, and an expert in
drumming up legal aid for party members and front organizations.
We will see in a subsequent section of this report dealing with the
M 1943 Committee Report, p. 125.
UN-AMERICAN ACTIVITIES IN CALIFORNIA 125
decisions of the United States Supreme Court affecting internal security
how Elizabeth Gurley Flynn is still extremely active in undermining
the public confidence in the Federal Bureau of Investigation, in legis-
lative committees, and in taking credit for having brought about the
astounding change in the legal precedents that had been established
by the Supreme Court in cases involving the Communist Party and
its manifold activities. In launching the Civil Rights Congress as a
new Communist front to replace the ILD, Mrs. Flynn was aided by
William L. Patterson and George Marshall.
In California the newly-organized Civil Eights Congress got under
a quick start. Rose Chernin was replaced by Marguerite Robinson, who
established offices in room 709 at 326 West Third Street in Los Angeles,
and so built the membership of the organization that by August 5, 1951,
when a meeting was held in the Embassj^ Auditorium in Los Angeles,
there was a crowd of at least 1,200 people present, including prominent
Communist Party members who addressed the audience. They included
John Howard Lawson, Ben Margolis, and Don AVheeldiu who recently
resigned from the Communist Party but is typical of the "fallout"
mentioned earlier, and has not as yet broken so completely that he is
willing to assist his government in frankly and publicly disavowing
the Communist movement in its entirety.
When this committee held its public hearings about the infiltration
of the Los Angeles County Medical Association and questioned some
of its members about their affiliations with the Civil Rights Congress,
Avitnesses invariably invoked the protection of the Fifth Amendment.
Such witnesses included Dr. Thomas L. Perry, Dr. Morris R. Feder,
Martin Hall, Dr. Murray Korngold, Kenneth Hartford, Dr. Richard
W. Lippman, Dr. Saul Matlin, Dr. P. Price Cobbs, Dr. Wilbur Z. Gordon
and Dr. Marvin Sure. Dr. Mardin Allsberg who for many years has
demonstrated his patriotic, courageous and forthright anti-Communist
attitude as a member of the medical profession, testified that he had
attended a Communist Party rally and was later astounded to see the
same members of the medical association attending meetings of the
Civil Rights Congress and other fronts.
No sooner had the Civil Rights Congress commenced to function than
legislative committees began to probe into its antecedents and its
methods of operation. It soon became evident that it was staffed by the
same Communist Party members, supported by the same enthusiastic
fellow travelers who consistently affiliated with the various Communist
front organizations, defended no one except Communist Party members
and Communist organizations and was, indeed, nothing more than a con-
tinuation of the International Labor Defense under another name. The
same attorneys rendered the same type of service, and these facts were
soon being made public on a wide front by state and congressional com-
mittees on un-American activities. As the publicity began to have its
effect on the public at large and the true nature of the Civil Rights Con-
gress became known, it experienced trouble in raising funds and in re-
cruiting. It was then listed by the Attorney General of the United States
126 UN-AMERICAX ACTR'ITIES IX CALIFORNIA
as a Communist domiuated organizatiou, following the usual exhaustive
study by the F. B. I., and this exposure withered up its source of reve-
nue, whittled doAvn its membership, and reduced its effectiveness to the
point where it eventually disbanded. Then the defense of the agents of
internal Communist subversion was taken up by the National La^vj-ers
Guild, while the Citizens Committee for the Protection of the Foreign
Born redoubled its activities to protect alien Communists, under the
direction of Rose Chernin who by now had gained considerable ex-
perience in this type of work.
We need sav \ery little about this latter organization, since it was
infiltrated by Marion Miller acting as an undercover agent for the
Federal Bureau of Investigation, and her testimony and her appearance
on a national television program left no vestige of doubt about the
Communist nature of this front.
In a previous report we have discussed the National Lawyers Guild
at considerable length. By way of brief resume here it is only necessary
to point out that the Communist nature of this organization was estab-
lished by Earl Browder himself, who. while General Secretary of tne
Communist Party of the United States, stated under oath that the
National Lawj^ers Guild was nothing more than a Communist trans-
mission belt.'''* And Louis Budenz. former editor of the Communist
Daily WorA-er, declared that, "In the National Lawyers Guild there is
a complete duplicate of the Communist Party's hope and aspirations in
that field, although there are a number of non-Communists in the
National La■s^yors Guild. In fact some of their lawyers locally are no
Communists, but they play the Communist game either wittingly or
unwittingly." ^^
National Lawyers Guild
The National Lawyers Guild is nothing more than an offshoot
of the International Labor Defense, and while it likes to create the
impression that it was started in order to counteract the "reactionary '
nature of the American Bar Association with a freewheeling, liberal
association of attorneys on a national basis, its complete subservience
to the Communist Party line, its consistent activities in performing
exactly the same sort of services for the Communist Party, its members,
its front organizations and its propaganda media that were performed
by the I. L. D. and the Civil Rights Congress, together vdth the fact
that all of its officers with any importance or authority have either been
party members, ardent fellow travelers, or under Communist discipline,
establishes the organization than nothing more than another front, and
a very potent one, indeed.
Selma ]\Iikels attended the University of California at Berkeley,
graduated from its law school, passed the bar examination and started
practicing her profession in Los Angeles. She Avas. at the time, affiliated
5* Report on National La-uyers Guild, Sept. 17, 1950, p. 2, House Committee on Un-
American Activities.
^ The Techniques of Communism, op. cit., p. 180.
UN-AMERICAX ACTIVITIES IX CALIFORNIA 127
Avitli the Communist Party. In 1940, the California State Relief Ad-
ministration Avas investigated by an Assembly conmiittee because of
■widespread allegations that it was heavily infiltrated by Connnnnists.
Among the many witnesses examined by tliis committee, which was the
forerunner of the subsequent committee on un-American Activities,
Avas one Bronislans Joseph Znkas. He was at that time employed by
the S. E. A. at Yisalia, and was also the financial secretary of the
local chapter of the State, County & Municipal Workers of America.
A subpoena dnces tecum Avas served on Mr. Znkas calling for him
to produce the records of the local. This he refused to do, and was
prosecuted for contempt. At his jury trial at Yisalia, he was de-
fended by xVbraham L. AYirin, heretofore mentioned as having beeii
associated with Leo Gallagher, and since leaving the Gallagher office
having been general counsel for the Southern California American
Civil Liberties Union, and Selma Mikels. ]\Iiss Mikels Avas, at the time,
engaged to be married to the late Lee Bachelis. Mr. Baehelis, until the
time of his death, was the most important cog in the Civil Right.s
Congress organization, since he was in charge of its bail fund. This
accumulation of money Avas used to secure the freedom of Communist
leaders who Avere arrested and prosecuted under the provisions of
The Smith Act. Thus, since 1939, Selma Mikels Bachelis has been a
member of the Communist Party, constantly dcA^oted to furthering its
interests and using the legal education she gained at the State Uni-
versity for the purpose of aiding the agents of a foreign gOA'ernment to
destroy us.
Esther Shandler has also devoted her legal talents to the same pur-
poses. She AA-as admitted to the State Bar in December, 1945, started
to practice her profession in April, 1946, and one of her first appear-
ances in public on behalf of a Communist client was before this com-
mittee in connection with the death of Everitt Hudson, the student who
AA-as recruited into the Communist Party Avhile attending Stanford
University and murdered Avhile he AA-as attending L^. C. L. A. Eepresent-
atiA'es of the committee had contacted one of the persons who had
information about the Communist actiA'ities of the decedent, had been
Avith him at a Communist meeting the night preceding his death, and
had expressed a Avillingness to testify fully concerning the circumstances
surrounding this tragic case. A committee represeutatiA-e was en route
to see the witness Avhen he discoA-ered she had been contacted by at-
torneys for the Communist Party and terrorized to the point that she
AA-as afraid to testify. She AA-as nevertheless compelled to appear before
the committee as a AA^tness, and sat next to her attorney, Esther
Shandler, who Avould not permit her to do more than iuA-oke the Fifth
Amendment OA-er and over again. Immediately after this episode the
witness, Lola Y'hang, married Joe Price, another L^. C. L. A. student
Avho had also attended the Communist meeting heretofore mentioned.
Neither of them has CA^er rcA-ealed any facts concerning the Communist
meeting, or the movements of young Hudson during the period im-
mediately preceding his death.
128 UN-AMEEICAN ACTIVITIES IN CALIFORNIA
Miss Sliandler has appeared on behalf of the Committee for the Pro-
tection of the Foreign Born, the Civil Rights Congress, and has been
identified as a Communist Party member by several witnesses who
were in the party with her.
Pauline Epstein has been practicing the legal profession in Los An-
geles since 1933, has also devoted her time to the representation of
Communist Party members, is retained by the Committee for the Pro-
tection of the Foreign Born, and was considered sufficiently eminent
in aiding the cause of Communism that she was selected to speak at
the American Russian Institute program celebrating the thirty-sixth
anniversary of the Soviet Union in November of 1953. She was Treas-
urer of the Los Angeles Chapter of the Lawyers Guild during 1951
and 1952, and served on its national executive board in 1956 and 1957.
J. Allen Frankel, during his 48 years as an attorney in Los Angeles,
has consistently served the Communist cause. He, too, worked for the
Committee for Protection of the Foreign Born, the International Labor
Defense, Civil Rights Congress and Lawyers Guild. He has been a
Communist Party member for many years.
Charles Katz has practiced law in Los Angeles for more than 20
years, and. in addition to his activities in the Lawyers Guild and the
other familiar fronts, has acted as counsel for some of the more no-
torious part}^ functionaries. He has specialized as somewhat of a
Marxist theoretician, and was a member of the executive board of the
Arts, Sciences and Professions Council and the Jewish People's Fra-
ternal Order. Mr. Katz has also been unmasked and his Communist
affiliation disclosed.
Ben Margolis has been exceedingly busy as a Communist aud a mem-
ber of the State Bar. He was treasurer of the San Francisco Lawyers
Guild in 1937, has taught in Communist schools, belonged to all of the
important fronts, was associated in the same law office with Leo
Gallagher and Charles Katz, and has recruited many other lawyers
into the party.
John L. ]\IcTernan is a Communist lawyer in Los Angeles, has been
active in the Lawj^ers Guild and the other fronts that proved so at-
tractive to his legal comrades.
John W. Porter was admitted to the bar in 1935, and has since fol-
lowed the familiar pattern of activity: Lawyers Guild, Committee for
Protection of the Foreign Born, and Civil Rights Congress. He also
served in several federal agencies: Department of Labor, National
Labor Relations Board, Department of Justice, Office of Price Admin-
istration and War Labor Board. He has been a member of the Com-
munist Party for many j^ears.
Rose S. Rosenberg, another Los Angeles Communist, has devoted her
legal talents to composing and submitting briefs to the L"'^nited States
Supreme Court in an effort to influence it in favor of Communist in-
terests. She is a prolific circulator of open letters, petitions and resolu-
UN-AMERICAN ACTIVITIES IN CALIFORNIA 129
tions, and was especially active in behalf of Julius and Ethel Rosen-
berg, who were executed as atomic spies.
Seymour Mandel, identified as a Communist lawyer in Tjos Angeles,
served as executive secretary of the Lawyers Guild in that city and
has acted as attorney for both of the Communist legal fronts — the
Committee for Protection of the Foreign Born and the Civil Rights
Congress. Mr. Mandel's specialty, however, seems to have been in rep-
resenting aliens who have been charged with subversive affiliations or
activities and who were being processed for deportation by the United
State Immigration and Naturalization Service.
Samuel Roseiiwein served as general counsel for the Civil Rights
Congress, has affiliated with many Communist front organizations, and
in 1949 acted as chairman of the Civil Liberties Committee of the
National Lawyers Guild. He has also been identified as a Communist
Party member.
Richard L. Rykoff practices law in Los Angeles. According to sworn
testimony he affiliated with the special lawyers group in that city,
which is the modern counterpart of the old lawyers unit of the Pro-
fessional Section that we have earlier referred to, and which provides
an organizational unit within the party structure that serves to bring
together various professional groups in order that they can better
correlate and execute their party assignments and activities. On sev-
eral occasions Rykoff telephoned to Mrs. Anita Schneider in San Diego.
He knew her as an active member of the party in that city and sent
her directions from time to time. On one occasion he advised her to
evade the law by making false representations to the State Department
in applying for a passport to travel behind the Iron Curtain, and on
another occasion he advised her concerning the exhibition of Commu-
nist propaganda films to the members of a party-dominated front or-
ganization in San Diego. Unfortunately for Mr. Rykoff, he was unaware
that at the time he was having these transactions with Mrs. Schneider
believing her to be a loyal member of the Communist conspiracy, that
she was actually an undercover agent for the Federal Bureau of In-
vestigation. Rykoff has represented the Los Angeles Committee for
protection of the Foreign Born, has filed briefs before the United States
Supreme Court in an effort to influence its decisions, has represented
the Civil Rights Congress and has been affiliated with the National
Lawyers Guild.
In the northern part of the State, particularly in the San Francisco
bay area, both in San Francisco and Alameda Counties, the Communist
lawyers followed the same general pattern as their comrades in the
south. Aubrey Grossman and Richard Gladstein were the legal kingpins
in the Communist machinery for that region, and while we have already
alluded to the latter, we have not yet given any details about the activi-
ties of Mr. Grossman although we have mentioned him from time to
time in various reports during the last 18 years. Grossman is a graduate
of the University of California at Berkeley and attended its law school.
5— L,-4361
130 UN-AMERICAN ACTIVITIES IN CALIFORNIA
He affiliated with the Young Comnmnist League while still a student,
and, according to the testimony of one of his law school faculty mem-
bers, was so busy with Young Communist League activities while
studying law that he had some difficulty in maintaining the necessary
scholarship average prerequisite to his graduation.^^
Grossman's record is both long and interesting. As we stated in our
1943 report, he graduated from the University of California in the
winter of 1932, and from the law school of that institution three years
thereafter, being admitted to practice his profession in this state in
May, 1936. In 1934, Grossman participated in a long series of Commu-
nist line activities at the university. He appeared as a speaker at many
protest meetings held at Sather Gate, and was active in the students'
strike at the university which was sponsored by the Communist Party
through one of its fronts known as the National Student League. On
July 3, 1935, he participated in another Sather Gate meeting called by
the Communist Party to incite students to proceed to San Francisco
and take part in a "bloody Thursday" parade commemorating the
Communist-directed general strike of 1934. He has been associated
with the National Student League, the Student Rights Association, the
Social Problem Club, the American Youth Congress, the Anti-War
Committee, the Anti-ROTC Committee Youth Section — all while he
was still a student, and with virtually every major front organization
in the L^nited States since that time. His application for admission to
the State Bar of California was accompanied by a vigorous protest
filed by the American Legion, and shortly after his admission the
Western Worker, then the Communist newspaper in this State and
lineal ancestor of the Daily People's World, announced that Grossman
was the lawyer who would work in behalf of International Labor
Defense.
Minutes of the Communist Partj^ state convention held in San Fran-
cisco, May 14-15, 1937, in the committee's files, reflect that Grossman
was elected a member of the State Committee of the Communist Party
and pledged himself to recruit at least 10 new members. As early as
1941, two former Communist Party members, one of them the head of
the entire East Bay Communist organization, testified before this com-
mittee that they had known Grossman as a member of the Young Com-
munist League and the Communist Party during the time he was a
student at the university.^'''
In 1936, Grossman associated himself with Richard Gladstein, Ben
Margolis and Harold Sawj^er — all Communists, and started his long
career of devoting his education and his license to practice law for the
benefit of the international Communist conspiracy. He and Gladstein
acted as attorneys for some of the defendants in the notorious King-
^ See testimony of the late Prof. Max Rarlin before the California Joint Fact-finding
Committee on Un-American Activities, San Francisco, Dec. 3, 1941, Transcript Vol.
VI, pp. 1768-1783.
" See testimony of Miles G. Humphrey, California Joint Fact-finding- Committee on
Un-American Activities, Transcript Vol. V, pp. 1616-1631 ; testimony of Donald
Morton, Transcript Vol. VI, pp. 1793-1794.
UN-AMERICAN ACTIVITIES IN CALIFORNIA 131
Kamsay-Conner murder case, which involved the slaying of George
Alberts, engineer for a vessel known as the Point Lobos. Since King,
Ramsay and Conner were identified as Communists, and since one of
the other defendants, George Wallace, turned state's evidence, the
entire Communist apparatus in the Bay area was alerted to whip up
propaganda in behalf of the defendants. That is, all of the defendants
except Mr. Wallace, whom they ignored. Earl Warren, now Chief
Justice of the United States Supreme Court, was then the District
Attorney of Alameda County, and he personally prosecuted the case.
This was Mr. Warren's first head-on clash with the Communist Party,
and he said many unpleasant things about it and its methods.
The murder occurred in 1937, and shortly thereafter Mr. Warren
was elected Attorney General of California. We have already alluded
to the fact that the Communists capitalized on the liberal administra-
tion of Governor Culbert L. Olson and managed to infiltrate the state
government to the extent that they literally surrounded him with un-
dercover party members. AVhen he exercised his high office to parole
King, Ramsay and Conner but left George Wallace, the non-Communist
who had turned state's evidence, to languish in the penitentiary, Earl
Warren became greatly incensed. This committee, then known as the
California Joint Fact-Finding Committee on Un-American Activities,
held a long and detailed hearing in San Francisco. Earl Warren ap-
peared as a witness before us, and the transcript of his testimony is
most illuminating. He described the Communist propaganda machinery
that was mobilized to protect King, Ramsay and Conner, described
the role of George Wallace in aiding the prosecution but being ignored
by both the Communists and the Governor, and said a great many
heated and emphatic things against the Communist movement in gen-
eral and its antics during the Point Lohos trial in particular. We will
allude to this episode later in this report when we discuss the recent
decisions of the United States Supreme Court in the field of internal
security.
The first time Aubrey Grossman ever stepped on a witness stand
before a legislative committee investigating subversive activities was
before this committee about 18 years ago. On that occasion he denied
that he had ever been affiliated with a Communist front organization,
the Young Communist League or the Communist Party. In 1945 his
efforts on behalf of the Communist movement were such that he was
rewarded by being made Educational Director of the Communist Party
of San Francisco, and the committee files contain letterheads of that
organization with Mr. Grossman 's name prominently displayed thereon.
He has attended both state and national Community Party conven-
tions ; he had represented many Communist-dominated unions, and he
was appointed Director of the Civil Rights Congress for the entire
Pacific coast region shortly after that organization was launched in
1946. Under his direction this legal branch of international Red aid
flourished so successfully that he was called to the east in order to
132 UN-AMERICAN ACTIVITIES IN CALIFORNIA
assist in developing it in other parts of the conntry. In 1950, he became
National Organizational Secretary of the Civil Eights Congress, and a
year later was in sole charge of the entire structure nationally.
During the late forties this committee held a series of hearings con-
cerning the Civil Rights Congress, the American-Russian Institute and
the California Labor School, the Communist educational institution in
San Francisco. Immediately Grossman alerted his organization of Bay
area lawyers for a series of lectures calculated to teach prospective wit-
nesses before the committee how to conduct themselves when on the
witness stand. Mr. Richard Gladstein participated in such a panel as
its presiding officer at the California Labor School in 1951. In 1953,
Grossman decided to resume his private law practice and associated
himself with Bertram Edises and Robert Treuhaft in Oakland. Both
of his new associates have been identified as Communists, and their
firm also had an associate by the name of Robert L. Condon who had
been a member of the California State Assembly, was elected to Con-
gress, started to go to Nevada to view an atomic bomb test, but was
prevented from doing so by the government because he was deemed a
security risk. Condon is also a graduate of the University of California,
and was formerly employed by the gOA-ernment as chief enforcement
attorney for the Office of Price Administration of Northern California
in 1942. One of the attorneys who worked under him was Mrs. Doris
Brin Walker, who will be mentioned later in this section and who re-
ceived considerable attention in our 1955 report. At the present writing,
Mr. Grossman is still enthusiastically devoting virtually all of his time
and talents to traveling about the country on behalf of the Communist
Party and its front organizations.
"We have already alluded to Mr. Richard Gladstein at some length
in this and preceding reports. He was admitted to the Bar in 1931,
has acted as attorney for the Communist-infected ]\Iarine Cooks &
Stewards Union before that organization was expelled from the CIO
in 1950, has been counsel for the Committee for Protection of the
Foreign Born, the Civil Rights Congress, and a wide variety of Com-
munist fronts and Communist-dominated unions. Doris Brin Walker,
while an attorney for the Office of Price Administration, lined up a job
with the firm of Gladstein, Grossman, Sawyer and Edises to specialize
in the handling of labor cases. All Communists, as we have said, will
resort to every possible artifice, ruse, strategem, and even lies for the
purpose of promoting each other. An example of this sort of practice is
to be found in the action of Francis McTernan, who deliberately falsi-
fied material facts on the application of Doris Brin W^alker for a job
with Cutter Laboratory. This matter was thoroughly covered in our
1955 report, heretofore mentioned.
George R. Anderson has also been repeatedly identified as a Commu-
nist, and was one of the first lawyers in San Francisco to take a par-
ticularly active part in the International Labor Defense. He also was
prominent in helping to organize the International Juridical Assoeia-
UN-AMERICAN ACTIVITIES IN CALIFORNIA 138
tion, which was a division of the ILD to which a great many Commu-
nist lawyers throughout the United States were attracted. Anderson
has also been identified with practically every major Communist front
in the bay area, has acted as counsel for various Communist-dominated
unions, and has been prominent in his legal work for the Committee for
Protection of the Foreign Born, the National Lawyers Guild and the
Civil Rights Congress.
Anderson, during one phase of his career, devoted a great deal of
time to the representation of Communist members of various water-
front unions who had been arrested for resorting to violence against
non-Communists in their organization. These cases would invariably
arise from severe beatings and attacks by the Communist element
against anti-Communist individuals, generally referred to along tlie
waterfront as "dumpings."
Anderson was quite successful in getting his clients off with either
no punishment at all, or extremely mild tines and a few days in jail.
He was a frequent spectator at many of our earlier hearings in the
bay area, but invariably stated that he represented no client but was
merely attending as an interested visitor. He would take a seat in the
front of the room and when a witness gave the slightest indication of
co-operating with the committee by revealing some of his experiences
while a Party member, Anderson would glare at him — presumably in
an effort at intimidation — and while the practice seemed to have little
practical effect, nevertheless it was such a studied pattern of activity
that it intrigued the interest of the committee members.
Charles R. Garry, also identified as a member of the Communist
Party, has been practicing law in San Francisco since about 1938. He
has represented the Civil Rights Congress, the Committee for Protection
of Foreign Born, has been affiliated with a wide variety of Communist
fronts, has acted as counsel for a number of Communist-dominated
unions, and has, in short, followed the general pattern of activity that
runs like a common denominator through the careers of the other law-
yers in this State who have been identified as party members. He, of
course, belongs to the National LaAvyers Guild, having joined it imme-
diately upon being admitted to the Bar, has served as its executive
board member in San Francisco, as President of the San Francisco
Chapter, as a delegate to its national convention, and a member of its
national executive board.
In 1948, Mr. Garry was a candidate for election to the House of
Representatives from the Fifth Congressional District on the Independ-
ent Progressive Party ticket. It will be recalled that this organization
was described in the first section of this report, and was headed state-
wide by Mr. Hugh Bryson, former president of the Marine Cooks &
Stewards Union.
Mr. Garry has, like his comrades in the legal profession, sent numer-
ous petitions to the United States Supreme Court in an effort to in-
fluence its decisions. Obviously, all of these petitions sought to mold
134 UN-AMERICAN ACTIVITIES IN CALIFORNIA
the court's opinions in consonance with the Communist Party line, and
while some of the other Communist lawyers sent an occasional petition,
Mr. Garry's have been especially numerous and vehement. He has
taught in the Communist school in San Francisco, has also been quite
active in the International Workers Order, a sort of Communist insur-
ance concern operated on a nationwide basis which attracted a great
many racial minority groups. This organization, though now defunct,
was an extremely rich and potent organization. While it was being sus-
pended from operating in California because of its subversive nature,
and pending a revocation of its certificate of operation, its entire file
was stolen from the office of the California Insurance Commission, and
so far as we know it has never been recovered.
In the 1955 report, we devoted a section to the case of Doris Brin
Walker who, by misrepresentation on her employment questionnaire,
obtained a position with the Cutter Laboratories in Berkeley, Califor-
nia, and who was discharged after the employer discovered her Com-
munist affiliation. ]\Irs. Walker brought a suit against the company for
reinstatement, and the matter was taken up to the Supreme Court of
the United States after which Mrs. Walker was compelled to seek em-
ployment elsewhere.
At the University of California in Berkeley she maintained such an
excellent scholarship average that she was elected to Phi Beta Kappa,
she was graduated from the law school of that institution, worked with
the Office of Price Administration, as has been mentioned in connection
with Aubrey Grossman and Kichard Gladstein, she also was associated
with their firm after she left government service, and despite her status
as an attorney and her record as a brilliant student, she deliberately
worked at jobs that were entirely incompatible with her background.
Commencing in 1946, and continuing until 1950, Mrs. Walker worked
for the H. J. Heintz Company, the Bercut-Richards Packing Corpora-
tion and the Cutter Laboratories. She was also an active member and
a minor officer of the Communist fraction in the Cannery Workers
Union and the United Office and Professional Workers of America,
which was almost as Communist-saturated as was the old Marine Cooks
& Stewards Union. Commencing in the latter part of 1918, Mrs. Walker
became interested in politics to the extent of lending her services to the
Independent Progressive Party, as well as to the Civil Rights Congress,
the Committee for Protection of the Foreign Born, the National Law-
yers Guild, the Daily People's World, and the usual wide variety of
Communist front organizations and activities that are characteristic of
the other Party members whose records are outlined above.
Mrs. Walker, who is also known as Doris Marasse, has been repeat-
edly identified by sworn testimony as a member of the Communist
Party — a fact which was thoroughly established during her legal con-
troversy with the Cutter Laboratories — and is presently the wife of
Mason Roberson, a reporter for the Daily People's World.
UN-AMERICAN ACTIVITIES IN CALIFORNIA 135
It will be recalled that we have explained how, some 18 years ago,
Abraham L. Wirin came to Visalia with a young woman graduate of
the Universit}' of California Law School by the name of Selma Mikels,
who assisted him in the defense of Bronislaus Joseph Zukas. In 1958
Abraham L. Wirin went to San Francisco to defend John Powell, his
wife and his associate, who were arrested by the United States Govern-
ment and charged with printing false accusations against the armed
forces of this country, charging them with the use of germ warfare
during the war in Korea. He was also assisted by another woman grad-
uate of the University of California Law School — Doris Brin Walker,
also known as Doris Marasse, and also known as Mrs. Mason Roberson.
These are only a few of the members of the California State Bar
who have been positively identified as Communists. There are many
others : men like Lawrence R. Sperber, Fred H. Steinmetz, and Jack
Tenner- — but there is little to be gained at this point by mentioning
all of them, except to point out that they all belong to the National
Lawyers Guild, which is a Communist-dominated organization, that
they prostitute their profession by giving clandestine aid and sup-
port to the Communist Party by teaching in its schools, recruiting
lawyers as its members, using the representatives of its lawmaking
bodies, both federal and state, and its courts for the purpose of emitting
the most defiant and militant Communist propaganda ; by aiding the
international conspiracy on all fronts and in every possible manner
during the whole of their time and in a manner wholly inconsistent
with their solemn obligation to support and defend the state and
nation where they are privileged to practice their profession.
It is little wonder that the Communist Party has placed such enor-
mous emphasis on the recruitment of lawyers to its ranks, and that it
leans so heavily upon them for guidance, advice and protection. Since
the International Labor Defense changed its name to the Civil Rights
Congress, and since that organization was exposed and withered away,
the Lawyers Guild, the Citizens Committee for Protection of the
Foreign Born and, in some localities, the American Civil Liberties
Union, are carrying forward the work. All of these lawyers are con-
stantly bombarding the federal courts, and particularly the United
States Supreme Court, with petitions and writs of all sorts and are
seeking to intervene as friends of the court for the purpose of influenc-
ing its decisions so the Communist conspiracy can proceed unhampered
to whittle away at our governmental institutions and soften us up for
the eventual kill.^^
COMMUNIST FRONT ORGANIZATIONS
The origin of the Communist front i.s credited to Willi Muenzenberg,
who developed it as an efficient weapon of deceit. We have stated many
times in many reports that no one should be accused of subversion or
68 For a detailed discussion of the role of the Communist lawyer, see : Communist
Legal Subversion, report by the Committee on Un-American Activities, House of
Representatives, Eighty-sixth Congress, First Session. Feb. 16, 1959.
136 UN-AMERICAN ACTIVITIES IN CALIFORNIA
should be called a fellow-traveler merely because he unwittingly joined
one or even two of these organizations. They are, by their very nature
and operation, calculated to appeal to the unwary liberal who affiliates
with no idea that the organization is in fact directed by the Communist
Party, and serves as a recruiting medium and a means of expressing
the current party line. There were innumerable fronts designed to
appeal to the emotions of all types of American citizens. There were
fronts for the trade unionists, the racial minority groups, the actors,
the writers, the do-gooders, the too-poor, the too-rich, atomic scientists
laboring in the rarified atmosphere of profound research, teachers, pro-
fessional men, and even little children.
Some of these organizations were so cleverly camouflaged that many
joined and participated in the activities of the group for a considerable
length of time before they realized it was being manipulated by Com-
munists from concealed positions. Obviously, an individual who drifted
into one or two of these organizations, discovered their true nature
and got out sliould not be a target for criticism. But it is a relatively
simple matter to follow the progression of the indoctrinated individual
from one front organization to another on an ascending degree of
virulency. First joining a relatively innocuous group, then falling for
the sugar-coated recruiting propaganda, then being drawn into several
more front organizations, then beginning to assume positions of au-
thority as an executive secretary, a treasurer or an organizer, then
speaking before groups of front organizations, then participating in
a whole galaxy of fronts — it is not difficult to determine at what point
in this career the individual has become indoctrinated. The party has,
of course, gone to the greatest lengths to protect its members against
exposure. Consequently the counter-subversive agencies can get an
excellent idea of whether a person is a Communist by the number of
fronts in which he participates, the length of time he has been engaging
in such activities, his persistent following of the inconsistencies of the
Communist Party line, his long and persistent association with known
members of the Communist Party, his subscription to Communist Party
literature, his attendance at Communist functions, and his efforts to
indoctrinate others and spread the Communist creed. So, membership
in a procession of Communist front organizations, while not neces-
sarily proof of membership in the party itself, nevertheless provides a
reliable indication of a strong tendency in that direction.
As early as 1922, one of the charter members of the Communist Party
of the Soviet Union, an old Bolshevik later liquidated in the purges of
1935-1939, had this to say about the methods of the United Front and
its complicated array of organizations : ' ' It is easier and pleasanter to
smash things, but if we have not the poAver to do so, and if this
method is necessary, we must make use of it ... in the firm trust that
this method will do harm to social democracy, not to us . . . and in the
conviction that we shall crush them in our emhrace.^^
69 The Red Decade, the Stalinist Penetration of America, by Eugene Lyons, op. cit.,
p. 47.
UN-AMERICAN ACTIVITIES IN CALIFORNIA 137
Among the earliest Communist fronts was the John Reed Club,
named after the American journalist who visited Russia immediately
before, during and after the revolution of 1917. Always an earnest
liberal, Reed waxed enthusiastic about the implications of the revolu-
tion, and wrote a book that was widely published throughout the world,
particularly in this country, called "Ten Days That Shook the World."
John Reed Clubs sprang up like mushrooms all over the United States,
and the ultra-liberals flocked to them in droves. Then came the Friends
of Soviet Russia, then Friends of the Soviet Union, then the various sub-
divisions of the Comintern, including the International Labor Defense,
already described, then the Anti-Imperialist League ; the League Against
War and Fascism ; the League for Peace and Democracy ; the American
Peace Mobilization, a host of fronts through which propaganda and aid
was channeled to the Spanish Loyalists who were fighting in the revolu-
tion, then the Friends of the Abraham Lincoln Brigade ; Joint Anti-
Fascist Refugee Committee ; National Council of the Arts, Sciences and
Professions; Mobilization for Democracy; the Anti-Nazi League; the
League of American Writers; International Workers Order; The
Workers Ex-Servicemens League; the National Student League; the
Labor Research Association ; the National Committee for the Defense of
Political Prisoners ; the Workers School ; the Workers Book Shops ; the
International Publishers ; the Workers Library Publishers ; the Pen and
Hammer Club; the Film and Photo League; the National Youth Con-
gress ; American Youth for Democracy ; the Labor Youth League ; the
Civil Rights Congress; the League for Women Shoppers; the Tom
Mooney Labor School ; the California Labor School ; the Peoples Educa-
tional Center ; the Twentieth Century Book Shop ; the Progressive Book
Shop ; the International Book Shop ; the American Writers Union ; Com-
mittee for Defense of Mexican- American Youth; Labor's Nonpartisan
League; United Organizations for Progressive Political Action; Inde-
pendent Progressive Party ; the Actors Laboratory Theatre ; the Holly-
wood Writers Mobilization ; Northern California Committee for Aca-
demic Freedom ; the American-Russian Institute ; the National Lawyers
Guild — all of these and many times this number of Communist con-
trolled organizations were flourishing in California at one time or
another.
In addition, there were the sporadic and temporary fronts whipped
up to plug for a temporary switch in the party line, such as the clamor
for the opening of a second front during the early stages of World War
II, the fronts that proclaimed "the Yanks are Not Coming," that were
active just before the Soviet Union was invaded and went out of ex-
istence the day afterwards, and other fronts to bring the troops home
from Korea immediately, to get out of Formosa, to recognize Com-
munist China, to scrap all of our atomic weapons, and for the defense
of numerous Communist functionaries and notables like the func-
tionaries who were convicted under the Smith Act, indeed, every im-
138 UN-AMERICAN ACTIVITIES IN CALIFORNIA
portant Communist who became embroiled with the laAv had a "defense
committee" that sprang into action to provide funds and stir up senti-
ment in his behalf.
The Afiorney General's List
So far as we know there has never been published a reliable explana-
tion of how the government uses membership in front organizations
for the purpose of evaluating the loyalty of its prospective employees
in sensitive positions. In June, 1957, the Commission on Government
Security published its 807-page report at the conclusion of two years
of intensive analysis of the entire security posture of the United States.
This survey included the civilian loyalty program, the military per-
sonnel program, the document classification program, the atomic energy
program, the industrial security program, port security, international
organizations (including the United Nations), passport security, civil
air transport security, immigration and nationality program, the Attor-
ney General's list of front organizations, the right of persons accused
of disloyalty to be confronted with witnesses against them, the subpena
power of the government in loyalty cases, and the privilege against
self-incrimination.
The Attorney General of the United States, acting on field investiga-
tions by the Federal Bureau of Investigation, compiled a list of Com-
munist front organizations and disseminated it throughout all of the
government offices where it would be of practical value in insuring
the loj'alty of employees. Since the Commission on Government Secu-
rity made an intensive study of this entire matter, and since it has
never before been presented, and because it lias a decidedly practical
application in California, we quote from the report herewith.
In June, 1941, Congress appropriated $100,000 for the Federal
Bureau of Investigation to "investigate the employees of every depart-
ment, agency, and independent establishment of the Federal Govern-
ment who are members of subversive organizations or advocate the
overthrow of the Federal Government," and directed the bureau to
report its findings to the agencies and to Congress. (Public Law 135,
Seventy -seventh Congress.) In 1941 also, Congress began the practice of
attaching riders to the regular appropriations acts — a practice which
continued during World War II and for a number of years thereafter —
barring compensation to "any person who advocates, or who is a mem-
ber of an organization that advocates the overthrow of the Government
of the United States by force or violence ; provided, that for the purpose
hereof an afiidavit shall be considered prima facie evidence that the
person making the affidavit does not advocate, and is not a member of
an organization that advocates, the overthrow of the Government of
the United States by force or violence; provided, further, that any
person who advocates or who is a member of an organization that advo-
cates the overthrow of the Government of the United States by force or
violence and accepts employment, the salary or wages for which are
UN-AMERICAN ACTIVITIES IN CALIFORNIA 139
paid from any appropriation contained in this act, shall be guilty of a
felony, and, upon conviction, shall be fined not more than $1,000 or
imprisoned for not more than one year, or both."
The appropriation for the Federal Bureau of Investigation pointed
up the questions raised by this series of acts : What organizations were
"subversive" and who was to determine that fact? It will be noted
that Congress included no organizations by name in the acts, except
in the Selective Service and the Emergency Relief Appropriation Acts ;
nor did it set up machinery for a definition of "subversive" which
would be binding on all departments ; nor did it name or empower any
specific agency to make a determination.
In order that the Federal Bureau of Investigation might carry out
its mandate to investigate despite the omissions in its appropriations
act, the then Attorney General, Francis Biddle, in June 1941, advised
the Federal Bureau of Investigation that the Communist Party and the
German-American Bund, named in the acts mentioned above, and seven
other organizations came within the congressional intent. •^'^ This in-
tent appears to have been made out from the language in the act
dealing with advocacy of overthrow of the Federal Government, to-
gether with the legislative history of the act.
On March 16, 1942, the Civil Service Commission, pursuant to Execu-
tive Orders 9063 (7 f. r. 1075) and 9067 (7 f. r. 1407), adopted War
Service Regulation II, Section 3 (7 f. r. 7723), providing that an appli-
cant might be denied appointment if there is "a reasonable doubt as
to his loyalty to the Government of the United States," and stating
this matter might be considered in determining whether removal of
an incumbent employee will "promote the efficiency of the service."
These regulations were rescinded in 1946, with the cessation of armed
hostility.
The Attorney General's list, as it came to be called, made its first
public appearance on Sept. 24, 1942. On that date Congressman Martin
Dies of Texas, in reply to statements made as to the usefulness of the
investigation carried on by the House Committee on Un-American Ac-
tivities, read on the floor of the House of Representatives excerpts from
what he termed a "photostatic copy" of the confidential memorandum
which was distributed to the heads of the respective departments, in
which the Attorney General branded 12 organizations as Communist
controlled. Each of the excerpts, headed "strictly confidential," began
with the following caveat:
"Note. — The following statement does not purport to be a com-
plete report on the organization named. It is intended only to ac-
quaint you, without undue burden of details, with the nature of
the evidence which has appeared to warrant an investigaiton of
charges of participation.
80 Memorandum, the Federal Loyalty-Security Programs, submitted to Commission on
Government Security by Attorney General Brownell under covering letter dated
Dec. 11, 1956.
140 UN-AMERICAN ACTIVITIES IN CALIFORNIA
It is assumed that each employee's case will be decided upon
all the facts presented in the report of the Federal Bureau of
Investigation and elicited, where a hearing- is ordered, by the
Board or Committee before which the employee is given an oppor-
tunity to appear.
Please note that the statement is marked 'strictly confidential'
and is available only for use in administration of mandate Public
Law 135."
It then went on to describe at some length the organization, mem-
bership requirements, history, leadership, and program of the named
organization, and to discuss the extent of Communist control over it.
The organizations mentioned were : American League Against War and
Fascism, the American League for Peace and Democracy, the American
Peace Mobilization, the League of American "Writers, the National
Committee for Defense for Political Prisoners, National Committee for
People's Rights, the National Federation for Constitutional Liberties,
National Negro Congress, AYashington Cooperative Book Shop and
Washington Committee for Democratic Action.
On February 5, 1943, President Eoosevelt issued Executive Order
9300, citing as his authority therefor Title 1 of the First War Powers
Act, 1941, and his powers as President. This order established Avithin
the Department of Justice a new interdepartmental committee on em-
ployee investigation, composed of five members appointed by the Presi-
dent from among the officers or employees of the "departments, inde-
pendent establishments, and agencies of the Federal Government."
Executive Order 9300 remained in effect until March 21, 1947, when
President Truman revoked it and issued Executive Order 9835, which
instituted the so-called loyalty program. Citing as authority the Con-
stitution and Statutes of the United States, including the Civil Service
x\ct of 1883 (22 Stat. 403), as amended, and Section 9-A of the Act
approved August 2, 1939 (18 U.S.C. 61 (i)), and his powers as Presi-
dent and Chief Executive of the United States, the order set up a
loyalty review board and, in Part III, Section III, directed :
"The Loyalty Review Board shall currently be furnished by the
Department of Justice the name of each foreign or domestic organ-
ization, association, movement, group or combination * * *
which the Attorney General, after appropriate investigation and
determination designates as totalitarian, Fascist, Communist, or
subversive, or as having adopted a policy of advocating or approv-
ing the commission of acts of force or violence to deny others their
rights under the Constitution of the United States, or as seeking
to alter the form of Government of the LTnited States by unconsti-
tutional means.
" (a) The Loyalty Review Board shall disseminate such informa-
tion to all departments and agencies. ' '
UN-AMERICAN ACTIVITIES IN CALIFORNIA 141
The list was forwarded by the board in December, 1947, and made
pnblic by printing in the Federal Register on March 20, 1948. (13 F. R.
1471) ; at that time it comprised 82 organizations, 35 of which were
named for the first time.
The list as disseminated after October 21, 1948, did, in a sense,
characterize the organizations, for they were listed nnder the six head-
ings set up by the order. Those names ranged from the Ku Klux Klan
and Silver Shirt Legion of America, to the Communist Party, U. S. A. ;
and the Jefferson School of Social Science. The practice of using de-
scriptive headings was abandoned when Executive Order 9835 was
revoked by Executive Order 10450 in April, 1953.
The first, and thus far the only, real Supreme Court review of the
list came in 1951 in Joint Anti-Fascist Refugee Committee vs. McGrath.
(341 U. S. 123, 1951). In this case the Refugee Committee, the National
Council of American-Soviet Friendship and its affiliates, and the Inter-
national Workers Order sued in Federal District Court for injunctive
relief. They recited irreparable damage from being listed without hear-
ing, both in terms of public support and harrassment by administrative
agencies of state and federal governments with which they dealt. The
District Court granted the Attorney General's motion to dismiss on the
grounds that no claims were stated on which relief could be granted.
The Court of Appeals affirmed.
Justice Burton announced the judgment of the Supreme Court, but
no opinion, in itself, commanded a majority. Five justices held that the
plaintiffs had standing to sue, although there was disagreement whether
this arose from injury to the organizations or from a standpoint of
vindicating the rights of their members. Four justices agreed that list-
ing without notice at the hearing was improper, either on constitutional
grounds or as a violation of Executive Order 9835. Justice Burton held
that the government's motion to dismiss admitted, for purposes of the
decision, that the Attorney General had acted arbitrarily, and took no
position on the broader issue. Three dissenting Justices (Reed, Vinson
and Minton) would have upheld the judgments of the courts below.
Justice Clark did not participate in the case.
On remand to the District Court, cross-motions of both the plaintiffs
and the Attorney General for summary judgment were denied, as was
the plaintiffs' petition for a temporary injunction. In this action, the
Attorney General filed long affidavits giving reasons for listing each
of the organizations; these are summarized in the opinion. He also
argued that security regulations would not permit disclosure of many
confidential reports and sources of information on which his determina-
tions were based. The District Court did not resolve this issue in its
opinion. Certiorari directly to the Supreme Court to review the denial
of the temporary injunction was denied ; appeal to the Courts of Ap-
peals resulted in affirmation of the denial. In the same opinion, the
Appellate Court reversed a subsequent dismissal of the suit because of
mootness; the Attorney General, in the meanwhile, had set up the
hearing procedure outlined below, and had argued that the court case
142 UN-AMERICAN ACTIVITIES IN CALIFORNIA
was moot pending the plantiffs availing themselves of this administra-
tive procedure. The Appellate Court ordered the District Court to rein-
state the case and give the plaintiffs time to ask for a hearing under a
new i^rocedure. They did not file for such a hearing within the 10 days
allowed, however, and the District Court held that their failure to act
constituted acquiescence in the designation. This decision was affirmed
by the Circuit Court of Appeals on February 28, 1957. The Interna-
tional Workers Order forwarded a letter of protest to the Attorney
General on June 12, 1953, indicating that the organization neither
acquiesced in the designation nor wished to participate in a hearing.
It appears that as a result of the opinions expressed by members of
the Supreme Court in the McGrath case. Attorney General Brownell
published on May 6, 1953, Attorney General's Order No. 11-53, which
provided, in part :
" (b) "Whenever the Attorney General after appropriate investi-
gation proposes to designate an organization pursuant to Executive
Order 9835 or Executive Order 10450, or both, notice of such pro-
posed designations shall be sent by registered mail to such organiza-
tion at its last known address. If the registered notice is delivered,
the organization, within 10 days following its receipt or 10 days
following the effective date of Executive Order 10450, whichever
shall be later, may file with the Attorney General * * * a written
notice that it desires to contest such designation. If the notice of
proposed designation is not delivered and is returned by the Post
Office Department, the Attorney General shall cause such notice to
be published in the Federal Register, supplemented by such addi-
tional notice as the Attorney General may deem appropriate.
Within 30 days following such publication in the Federal Register,
such organization may file with the Attorney General * * * a
written notice that it desires to contest such designation. Failure
to file a notice of contest within such period shall be deemed an
acquiescence in such proposed action, and the Attorney General
may thereupon after appropriate determination designate such
organization and publish such designation in the Federal
Register."
The Commission on Government Security pointed out that wide-
spread public knowledge of the list's contents may have served a use-
ful purpose in putting citizens on notice of possible loss of employment
from too active membership in one of the named organizations. The
activities of the Subversive Activities Control Board, which is designed
to make judicial determination, with attendant safeguards, and require
public registration of organizations and their members, may eventually
replace this function of the Attorney General's list. The tremendous
time and effort required for hearings before this board, together with
possible necessity of disclosing confidential information or informants.
UN-AMERICAN ACTIVITIES IN CALIFORNIA 143
should be borne in mind, however, in view of the fact that some 20,000
new employees are hired each month. "^^
The commission recommended that the Attorney General's list be
continued, but a statutory basis for its maintenance and the listing of
organizations should be authorized only after a full F. B. I. investiga-
tion and an opportunity for the organization to be heard by examiners
of a central office which the commission urges be established, with right
of appeal to a central review board. Decisions of examiners in the field
and the central review board would be advisory only so far as the
Attorney General's office is concerned.
This recommendation, if adopted, will correct misuse of the Attorney
General's list of subversive organizations by laymen. There has been
a tendency on the part of some employing concerns to assume that
anyone who has been affiliated with any of these organizations on
the list must have subversive tendencies. Actually, unless one has the
necessary experience and information to realize that these organizations
vary from the relatively innocent to the extremely dangerous, he is
not in a position to evaluate the record of any of his employees. Liter-
ally thousands of sincere and loyal persons were attracted to various
front organizations during the period of open party activity, and
particularly during the era of the United Front from 1935 to 1945.
Since the entire Communist Party line is carefully groomed and
tailored to exert the widest possible appeal, it exerts a powerful attrac-
tion to opponents of racial and religious discrimination, proponents
of better housing and working conditions, supporters of an idealistic
world government, pacifists, those who wish to immediately discontinue
all atomic weapons tests and who yearn for peace at any price, and a
widely assorted group of ultra-liberals.
These non-Communists made up the bulwark of membership in all of
the front organizations during the period of open party activity, since
there Avere not enough party members to keep the organization financed
and active. The effect of these highly articulate Communist fronts on
American public opinion is simply incalculable. By exchanging their
membership lists it was possible for petitions, telegrams and letters
bearing thousands of names to be mustered almost over night and
channeled into the offices of state and federal legislators to influence
their votes in subtle conformity with the existing party line.
A recent example of the effectiveness of this type of propaganda is
seen in the actions of an extremely liberal minority of the World
Order Study Conference, which met under the sponsorship of the
National Council of Churches of Christ in November, 1958. This minor-
ity persuaded the conference to adopt a resolution urging the United
States to immediately recognize Communist China and to admit it to
membership in the United Nations with full privileges. Then a cleverly
worded statement was released to the press, pointedly inferring that
^ See report of the Commission on Government Security, issued pursuant to Public
Law 304, Eighty-fourth Congress, as amended, June, 1957, Washington, D. C,
pp. 645-655.
144 UN-AMERICAN ACTIVITIES IN CALIFORNIA
these matters were passed, not only by the conference, but by the
national council, which represented a majority of American Protestants.
Rev. Daniel A. Poling, and the Rev. Norman Vincent Peale, having
taken the trouble to learn something about the Communist techniques
of propaganda and front organization activities, became suspicious and
began a poll of 45,000 Protestant preachers. Of the 8,572 answers
already received, 87 percent voted against the resolution, 11 percent
in favor of it and 2 percent expressed no opinion.
Most of the largest and active front organizations that flourished
during the period of the partj-'s open activity have been quietly liqui-
dated. This was caused by persistent and constant exposure of their
concealed control by the many hearings conducted by committees on
un-American Activities, hy hearings before the Subversive Activities
Control Board and publication of the Attorney General's list of sub-
versive organizations. This sort of exposure, as we have pointed out,
hoisted the warning signals for all to see and took aw^ay much of the
camouflage that had been concealing the Communist character of the
organizations from public scrutinj'. This stripping aside of the pro-
tective coloration also took away much of the excuse from even the most
naive liberals for affiliating with these movements innocently. And
after the Khrushchev speech at the Twentieth Congress of the Com-
munist Party of the Soviet Union in February, 1956, the signal was
given for the launching of the Second United Front period and the
Communists throughout the world began to function through existing
non-Communist organizations of a liberal character, rather than
through its own galaxy of front organizations.
At the present time we still have a few of the more potent front
organizations doing business on a rather active scale. The Citizens Com-
mittee for Protection of the Foreign Born is especially active in Los
Angeles and San Francisco ; the Citizens Committee to Preserve Ameri-
can Freedoms is also active in both cities, but especiall.y in Los Angeles ;
the American-Russian Institute, which seeks to foster trust and con-
fidence in all things Soviet, is still active, as is the Emergency Civil
Liberties Committees which was created in 1951, after the American
Communists began to retreat to underground positions. We have
already described the National Lawyers Guild, and we should not
conclude this section without referring to the Los Angeles Chapter of
the American Civil Liberties Union.
In previous reports we have traced the origin and development of
the American Civil Liberties Union as a national organization. We have
also, from time to time, discussed the activities of its branches in San
Francisco and Los Angeles. During the middle thirties and for a short
period in 1946 and 1947, we received evidence that we believed justified
the statements appearing in our 1943 and 1948 reports to the effect
that the American Civil Liberties Union in California had become a
transmission belt for the dissemination of Communist propaganda. We
do not believe that the American Civil Liberties Union nationallv is in
UN-AMERICAN ACTIVITIES IN CALIFORNIA 145
any sense subversive; a part of its function is the protection of civil
liberties of all people, regardless of the fact that some of them may
be members of the Communist Party or other subversive organizations.
The American Civil Liberties Union has also defended the right of
Gerald L. K. Smith to make public addresses, and during the last
war it performed similar services in defending the rights of members
of the German-American Bund, especially on the Pacific coast and
particularly in California. The Southern California chapter of this
organization has, however, devoted an unusually large part of its time
and energies to the protection and defense of Communist Party mem-
bers, and to the support of Communist organizations and fronts.
>; It is difficult to make a firm and permanent evaluation of an organ-
ization like the Southern California Chapter of the American Civil
Liberties Union. As its personnel fluctuates, so does the ideological
character of the institution itself. The national organization has a pol-
icy that no member of the Communist Party can hold an office. This
move, obviously motivated because of a realization that the Communist
Party is a subversive organization and that it poses a constant and
deadly menace to the preservation of all of our cherished institutions,
has not been reflected by the activities of its Southern California branch
in recent years. We make no criticism, of course, because the Los An-
geles Chapter, like the other chapters of the American Civil Liberties
Union, protects the civil rights of Communists as well as other people.
It is a fact, howcA^er, that in addition to carrying out the regular func-
tions of the organization, some of its representatives and some of its
officers have persistently attended Communist front meetings, have
joined many Communist fronts, and have participated at banquets and
receptions honoring some of the leading Communists of the United
States. Such activities are hardly in conformity with the anti-Commu-
nist policy of the national organization and most of its chapters through-
out the United States.
Several years ago a schoolteacher in the northern part of the state
was accused of being subversive by a radio commentator whose broad-
cast alleged that she was a member of the United World Federalists,
which he described as a Communist dominated organization. As a
result of these broadcasts and criticisms the teacher was discharged.
She brought a suit for reinstatement and for damages against the com-
mentator and the radio station that employed him, and a representative
of this committee went to San Francisco as an expert witness. He testi-
fied that we had never listed the United World Federalists as a sub-
versive organization, had no evidence that it was Communist controlled,
and that we did have evidence that it was not a Communist front.
Such an organization is an obvious target for Communist infiltration,
but by the same token so is the American Civil Liberties Union, be-
cause it espouses the defense of unpopular causes and members of un-
popular organizations; and so is every trade union because through
control of industry a country can be paralyzed; and so is every edu-
cational institution because they are lush fields for indoctrination and
146 UN-AMERICAN ACTIVITIES IN CALIFORNIA
recruiting and provide future intellectual leadership for the Communist
Party. Some chapters of a national organization may be penetrated
at one time or another to such an extent that they become transmission
belts for the Communist Party line ; at the same time, other chapters
of the same organization may be militantly anti-Communist. One of the
most militantly anti-Communist chapters of the American Civil Lib-
erties Union, indeed, is situated in Washington, D. C, and the National
Director of the ACLU, Mr. Patrick Murphy Malin, is certainly no
friend of Communism. The Los Angeles Chapter of the American Civil
Liberties Linion, by permitting its officers and official representatives to
participate in Communist front meetings and propaganda activities, is
hardly being objective, and if it resents charges of partiality towards
the extreme Left, these criticisms are generated by its own activities
and it has no one to blame but itself.
The Communist Book Stores
Before concluding this section on Communist front organizations, we
should say a word about the two major propaganda outlets in this
state ; The International Book Store in San Francisco, and the Progres-
sive Book Store in Los Angeles. The former is located at 1408 Market
Street near the Fox Theater, and the latter is located at 1806 West
Seventh Street. Such stores are nothing more than Communist fronts,
since they carry and disseminate party literature and propaganda ma-
terial from all over the world. In these stores one can purchase propa-
ganda material from Red China, from all of the Iron Curtain countries,
from North Korea and North Viet Nam, from Indonesia, from the
Middle East countries, from Africa, from England, Italy, France,
Germany, Mexico, South American countries, and inordinately large
amounts from India. In addition, one may purchase current editions of
the weekly Communist newspaper printed in California, the People's
World, also copies of the Daily Worke)' from New York, copies of
Political Affairs, the ideological publication of the National Committee
of the Communist Party of the United States from which we have
already quoted extensively, Masses & Mainstream, a cultural publica-
tion under Communist auspices ; and the theoretical organ on Marxism
called Science and Society, which is published in New York. In addi-
tion, there are publications of the National Council of x\meriean-Soviet
Friendship, the Emergency Civil Liberties Committee, Facts for
Farmers, and the publications of a great many Communist dominated
trade union organizations. We have also received considerable testimony'
of indisputable accuracy showing that from these two main outlets for
Communist literature the various units of the Communist Party organ-
ization throughout the pacific coast are kept supplied with material
for study and research.
The person who is usually in charge of the Progressive Book Store in
Los Angeles is Frank Spector, a Russian Communist who has been
UN-AMERICAN ACTIVITIES IN CALIFORNIA 147
defying efforts to deport him for a good many years, and ^vllo lias
appeared before this committee as a witness. Until the "secret"
Khrushchev speech in February, 1956, the contents of this book store
were uniformly and militantly Communist. Thereafter a few books
began to appear on the shelves that in the old days would have been
considered completely heretical. For example, before the publication of
Dr. Zhivago by Boris Pasternak, there was a book called Not by Bread
Alone. Dudintsev, the author, held a prominent place in the literary
fraternity of the Soviet Union. During the Stalin regime and until the
Khrushchev speech heretofore mentioned, the clamps of rigid censor-
ship had been tightened to such an extent that no Soviet writer dared
to produce anything that was not in strict conformity with the Com-
munist line, and certainly he would never dare publish a single word
that was even inferentially critical of the Soviet regime. But in the
Khrushchev speech there was a promise that these old rules should be
relaxed, that criticism should be invited, that Bolshevik self-criticism
was an excellent thing, and that writers should be free to publish their
true feelings. This book, Not by Bread Alone, was certainly critical of
the Soviet regime and it rocked the intellectual foundations of the
country. Yet it was being sold in the Progressive Book Store in Los
Angeles by Frank Spector. In addition, even after he had been im-
prisoned in Yugoslavia for such rash heresy, Milovan Djilas' book,
The New Class, was also sold in the Progressive Book Store, as were
copies of the Pasternak book, Dr. Zhivago. No such attitude was taken
in the San Francisco outlet, the books in the International Book Store
clinging steadfastly to the Communist cause, and carrying no item that
was critical of the Soviet regime or the party line. We almost neglected
to say that in addition to the three books already mentioned that
were sold in Los Angeles, there was another, even more indicative,
called The Naked God, by Howard Fast. This book, which is a garbled
but nevertheless angry and vehement criticism of the Communist Party
of the United States published shortly after Fast left the organization,
was roundly lambasted in Political Affairs by a reviewer under the
title, "The Nakedness of Howard Fast." Yet this book was sold with
the three companion volumes heretofore mentioned under the direction
of Frank Spector in the Progressive Book Store in Los Angeles.
Why this sudden deviation from the old and rigid Party line? Ob-
viously, the cause is attributable either to the fact that the Progressive
Book Store wants to divert suspicion from itself or because it has made
a sincere and pronounced deviation from the path of Communist
rectitude. We believe it has done the latter, that it has received great
criticism because of this deviation, and we will set forth our reasons
in detail in that section of the report which is entitled, ' ' Current Com-
munist Techniques."
148 UN-AMERICAN ACTIVITIES IN CALIFORNIA
THE PARTY GOES UNDERGROUND
During the second World War, Russia received such staggering
quantities of material from the United States, and was so anxious for
the Allies to open a second front and relieve the pressure of the German
attack against the Soviet Union that it was expedient to soft-pedal the
activities of the Communist Party and the hordes of Soviet agents
that had successfully infiltrated some of the most sensitive positions
in our government. Consequently Earl Browder, then the head of the
Communist Party of the United States, was allowed to change the
policy of the party, toning down its brash and defiant activities and
urging Communist collaboration with capitalist powers ; changing the
name of the Communist Party to the more innocuous Communist Po-
litical Association, and in general to adopt a soft policy of collabora-
tion. This continued until some months after the war was over, when it
became desirable — from the International Communist standpoint — of
getting affairs back to normal; that is, back to an old anti-capitalist,
militant Communist line. BroAvder was considered expendable for the
achievement of this purpose. He was criticized by the French theoriti-
cian, Jacques Duclos, when the latter returned from a Moscow confer-
ence, and shortly thereafter was expelled from the Communist Party
of the United States. That organization immediately resumed its old
militant tactics on an even more ambitious scale, and thus invited coun-
ter-measures on the part of our own government officials.
Smith Act prosecutions were commenced after painstaking and
characteristically thorough investigations by the Federal Bureau of
Investigation. It is a well-known fact that the leaders of the American
Communist Party have occupied their positions of authority for many
years, perpetuating themselves in office over and over again. Conse-
quently when these leaders were convicted and taken out of circula-
tion, the party was temporarily demoralized. At the same time there
was a marked acceleration on the part of legislative committees in ex-
posing the front organizations and propaganda media throughout the
country, and these organizations and party organs began to suffer
from a lack of membership and a lack of funds.
It is obvious, of course, that the Communist Party had prepared
itself to some extent for these exigencies. Second- and third-string
squads of leaders had been selected, and the partj^ had also followed
the Kremlin's order to the letter in preparing a parallel underground
party organization that could be activated at a moment's notice. The
federal judiciary was uniformly upholding convictions for contempt by
legislative committees when witnesses arrogantly shouted epithets at
members of federal and state legislatures, and stubbornly refused to
answer the most fundamental questions about places of birth, places
of residence, occupations, and marital status. A long string of un-
broken judicial precedent resulted in fines and jail terms for these
recalcitrant witnesses; the front organizations were running shy of
members and funds, the leaders of the Communist Party were serv-
UN-AMERICAN ACTIVITIES IN CALIFORNIA 149
ing terms in federal penitentiaries after having been convicted in a
series of Smith Act prosecutions — and the federal judiciary had
established solid legal precedent upholding these actions against the
leaders of the Communist conspiracy that was seeking to destroy us
and had been openly proclaiming that purpose for 30 years.
So effective were these counter-measures on the part of our own gov-
ernment that the Communist leaders issued defiant statements. Eugene
Dennis, General Secretary of the Communist Party of the United
States, made an angry declaration after being released from a federal
prison. Pie had prepared the address for delivery at a meeting of a
Communist front, the Committee to Reverse the Smith Act, sponsored
by the Civil Rights Congress, attended by 3,500 people and held at the
Rockland Palace in Harlem. He was unable to deliver the speech at
the meeting on June 26, 1951, because of illness, and on July 2, of
that year he and six other members of the National Committee of the
Communist Party of the United States began serving their five-year
sentences after having been convicted for violating the Smith Act by
a federal jury. Since some of the remarks contained in this speech not
only established the fact that when Communist leaders print this sort
of material in their official ideological publication it is not to be taken
lightly, and because some of the statements reflected the party's retreat
to underground positions and its war to bring about a change in the
judicial precedent that was hamstringing its activities, we quote it
liberally. Dennis said:
"Friend and foe alike know that this is an important turning
point in the life of the Communist Party. Never before in the
30 stormy years of our Party's history have 11 of its national
leaders faced long prison terms. Never before have lawyers been
jailed for courageously defending Communists in court. Never be-
fore has the organizing of the vanguard Party of the American
working class been unconstitutionally declared an act of 'criminal
conspiracy.' Never before has our Part}^ — or any other American
political party — been deprived by judicial edict of its legal rights
and constitutional liberties.
These facts are well known. Nobody has any doubts that we
Communists find ourselves in a new situation. And there is much
speculation about what we are going to do now.
But not everybody has grasped the cardinal truth that the
American people are in a new situation. Many who are far from
happy about the Vinson decision [a decision by the U. S. Supreme
Court upholding the validity of the Smith Act prosecutions] have
not yet awakened to the fact that this turning point in the life of
the Communist Party is also a critical turning point in the life
of the Nation.
Many who have been alarmed at the step-at-a-time advances of
Fascist-like reaction over the postwar years are still not aware
150 UN-AMERICAN ACTIVITIES IN CALIFORNIA
that the process of Fascization and advanced war preparation in
the U. S. A., are now undergoing a qualitative change.
The Vinson decision nullifies the First Amendment and its
guarantees of freedom of speech, press, and assembly. This is a
drastic, pro-Fascist encroachment upon the democratic gains and
traditions of the people.
But the Vinson decision does more.
It signalizes the blotting out of constitutional guarantees and
threatens the breakdown of all institutions of bourgeois democracy.
The Wall Street Journal felt obliged to chide Felix Frank-
furter for letting the cat out of the bag. The rule of expediency,
Justice Frankfurter declared in his concurring opinion, is to
become the supreme law ; it is no longer necessary to conform to
the Constitution. Six judges have changed the rules to meet the
needs of the Sixty Families of Big Capital. Now Wall Street's
government needs no longer to worry about constitutionality. It
is free from all restraint, except that imposed on it by the people
themselves.
The Vinson decision affects all Americans, because it is a
major victory for pro-Fascist reaction. It gives warning that the
war-mad monopolists mean to lose no time in stepping up the
tempo, expanding the scope, increasing the ferocity of repression.
This victory for the pro-Fascist forces immeasurably increases
the dangers of Fascism and world war.
* * * if the Vinson decision is not effectively challenged, we
are going to have even more rigid thought control than that al-
ready plaguing Americans in every walk of life. But we are
also going to have far more rigid controls over wages, and over
the economic and political activity of the trade unions. Hand in
hand with this will go still greater license for the war profiteers, big
business, exploiters and big-time crime syndicates.
If the Justice Department is permitted to carry out its threat
of mass frameup arrests and prosecutions, many m4io are far from
being Communist sympathizers will be taken as 'prisoners of war'
— along with the Eleven, the Seventeen, and other Communist
leaders. But those who retain their liberty will not escape new
hardships. The frameup will become a device for imposing ever
more brutal speedup, ever-rising living costs, and ever-declining
of real wages. Those responsible for mounting inflation will not
be among those arrested, nor will the war profiteers. The tax bur-
den will grow and grow.
Every casualty we Communists may suffer will be duplicated
many times over by the people as Wall Street wreaks its vengeance
on the working class and the camp of peace.
Our Party is the vanguard of the Negro people's struggle for
equality and national liberation. If the Communist Party is driven
underground, every lynch-minded white supremacist will come out
UN-AMERICAN ACTIVITIES IN CALIFORNIA 151
in the open. If Henry Winston and Ben Davis, as well as Eugene
Dennis and Gns Hall, go to jail, police brutality against Negroes
and legal lyncliings will mount. If judicial edict can outlaw the
party of Negro-white unity, this same edict can be used to outlaw
all united struggle against discrimination. * * *
Under conditions of legality, we Communists have been work-
ing with some success to win millions to our immediate aims and
programs. That aim is the establishment of a broad peace front,
opposed alike to the war policies of the war-partisan Truman ad-
ministration, Mac Arthur 's 'loyal opposition' and the so-called
'isolationists' like Hoover and Taft. "
Then, after repeating his previous criticism of the Supreme Court
decision upholding the Smith Act conviction, reiterating his propa-
ganda against the capitalist enemy, and quoting from a book written
by William Z. Foster, Chairman of the American Communist Party,
Dennis continued :
'^The economic royalists have succeeded in depriving our Party
of its constitutional riglits, and now they are determined to im-
prison its leadership and drive the Communist Party underground.
We are going to fight for the liberty of our leaders. We are
going to resist heing driven underground. But wherever we are we
are going to l)e with and among the masses.'' (Committee's italics.)
*******
"But no matter what happens, our Communist Party is not
doomed to burrow in the dark like a blind mole. To the extent that
w^e may be driven underground, we carry the beacon light of
Marxist Science with us. Its study and mastery will guide us
under all conditions and constantly replenish our leadership.
Every Communist worthy of the name will be able to lead
broad masses — under any and all circumstances. The more difficult
the conditions imposed on us become, the more essential it is for
every member of our Party to become a better Marxist, in order
to guarantee that the working class and people may have their
path of struggle illuminated by its light.
Marxism imbues us with working-class principles which are
universal, general, and beyond compromise under any circum-
stances. Marxism enables us to have a clear perspective at all
times, and to care for the future of our class w^hile championing its
present and immediate interest and those of all the people."
tP •av* •?? * 'SF ^ 4F
"Trade-union struggle will go on in spite of internal 'purges,'
and F.B.I, 'screening' of the workers in industry. It is going o.n
right now in the maritime industry, and there will be other strug-
gles, other strikes — no matter how many Communists go to jail."
*je, ^u,> 4C, jf, -at •lb
^ •«• W TP TP ^
"Certainly, the struggle for peace cannot be brought to a close
by any court edict. Recognition of the Chinese People's Republic,
152 UN-AMERICAN ACTIVITIES IN CALIFORNIA
peaceful negotiation to end the war in Korea, a halt to Anglo-
American moves to complete the rearming of Western Germany
and Japan, a five-power pact of peace — these are slogans of action
around which increasing millions of Americans are going to rally
and organize — Smith Act or no Smith Act !
We Communists are going to fight to the last ditch for oiir
constitutional and inalienable right to participate openly in these
struggles.
But if we are driven underground — our enemies will not he
ahle to prevent us from moving ever deeper into the thick of the
people's mass movement.
The forms of struggle may change, to accord with new and
more diffictdt conditions. But as Marxists we know that the struggle
will go on. And now, even more than 'before, the struggle will
decide everything. (Committee's italics.)
Our Party was born in struggle, steeled and educated in
struggle. We tlirive and grow in struggle which brings to our
leadership and ranks the best men and women the working class, the
negro people, and all other sections of the population can produce.
But, as we face up to the manifold problems and difficulties of
this new situation, we recognize the struggle will now bring new
hardships to all of us — and our families.
Under these circumstances, courage of course is indispensable.
And I am confident that, individually and collectively, we Com-
munists have plenty of courage. But personal courage in itself is
not enough. We need the kind of courage that flows from steadfast
conviction and fidelity to principle. We need the courage that is
not to be confused with recklessness, that shows concern for people
and care for the integrity and welfare of the Party as a whole.
We need courage that is accompanied by flexibility and tactics, by
skill in fighting the enemy.* (Committee's italics.)
I am confident that our Party, its leadership and its member-
ship, will rise to meet this new challenge and give a good account
of itself before the American working class to which it is
responsible.
But I would remaind you that our Marxist Science warns us at
all times to be on guard against those Right and Left dangers, to
wage the struggle for our correct line and policy always on two
fronts. Now more than even [sic] we must struggle against both
panic and complacency, against sectarianism and adventurism, and
against capitulation and liquidationism.
I think I have already made it clear that there is no ground
now for complacency. And all thoughtful Americans, recalling the
* By "The Enemy" Communists express the class struggle which is a basic and in-
dispensable part of Communist ideology, and the enemy refers to every person and
institution that is not pro-Communist, and in particular the judiciary which upheld
the convictions of the Marxian leaders, and the "repression" by the FBI, the legis-
lative committees, and all other governmental agencies engaged in an effort to pro-
tect our country from internal subversion.
UN-AMERICAN ACTIVITIES IN CALIFORNIA 153
catastrophe ushered in by Hitler's Nuremberg decrees, found the
warning- of the grave dangers which the Vinson decision holds for
our working class and people. ' ' ^^
The F. B. I. had for j-ears been sending its undercover agents deep
into the heart of the American Communist Party. Even as the Russian
espionage apparatus had managed to place its agents, largely recruited
from the ranks of the American party, in many sensitive government
positions, so was the Federal Bureau of Investigation able to place many
of its undercover agents in extremely high and responsible positions in
the Communist movement. Consequently, when the time came to launch
the Smith Act prosecutions, case followed case until the first, second and
third string groups of Communist officials were behind bars and the
party was — for a time — greatly demoralized. This resulted in a retreat
to underground positions accompanied by a grim resolve to bring about
a change in the law which permitted this disruption of the party pro-
gram by locking up the leadership, and also an equally deadly resolu-
tion to fight to the death both the Federal Bureau of Investigation and
legislative committees on un-American Activities. These were no idle
gestures. The party was desperate and it was engaged in a fight for its
very life. The intention to wage warfare on these three fronts, viz.,
against the legal situation that permitted repressive measures against
the party, against the F. B. I., and against the legislative committees,
was, as we shall see, expressed in such angry, vehement and unmistak-
able terms that even the most gullible manic-progressive could not have
the slightest doubt about what the party intended to do.
The phenomenal growth of California since the end of the last war,
the rapid multiplication of its defense industries, its importance as a
communication and transportation center, and its enormous strategic
importance by reason of its physical situation have combined to make it
especially attractive for Communist activity. Consequently, Commu-
nists from all over the United States, and particularly from the Middle
West, have been coming to this state in great numbers. In addition, the
fact that California is contiguous to Mexico gives it an espionage sig-
nificance that we cannot afford to overlook. Intelligence officers who
have had practical experience in the counter-subversive field have
known for j^ears that the espionage activities of the Communist move-
ment in America have been directed both from Canada and from
Mexico, but during the past several years Mexico has achieved a much
greater significance. It was not illogical, then, for the Communist Party
of the United States to plant the nerve center of its underground ap-
paratus in this state.
«2 "Our Cause Is Invincible," by Elugene Dennis. Political Affairs, August, 1951, p. 1-11.
154 UN-AMERICAN ACTIVITIES IN CALIFORNIA
Underground, But Not Deep Enough
From the state eapitol at Sacramento a motorist can proceed in a
general northerly direction through magnificent mountain scenery
along State Highway 40 to a little community called Twain Harte.
This part of the state is sparsely settled, and in the summer time
caters to fishermen, hunters and tourists. In a small and isolated
cabin in the vicinity of Twain Harte the Communist Partj- concealed
the center of its nation-wide underground apparatus. The location had
been picked with great care, both because of its isolated position, be-
cause a party of four or five men and three or four women going in and
out of the area would create no suspicion, and because it would be
relatively simple for them to pose as a party of tourists. Communica-
tion with the other segments of the underground organization was
maintained by courier, as was contact with the two segments of the
California Communist Party, both that which functioned in a relatively
open manner, and that which was a part of the underground. Supplies
of food and other necessities were regularly brought to the cabin, there
were very few visitors, and those responsible for Communist security
felt that the}^ had not only followed all of the basic directions estab-
lished by such Soviet experts as B. Vassiliev, and his Soviet disciple in
the United States, J. Peters, but had also obtained the benefit of the
best specialists the party could produce for the purpose of implement-
ing these basic precepts and taking every possible precaution to insure
the continued secrecy of this very vital center.
But the Federal Bureau of Investigation, now being subjected to a
vicious and widespread attack by the American Communists and their
stooges, was alert to the situation. A number of agents were sent from
the San Francisco field office to northern California, and while posing
as fishermen and tourists maintained a close surveillance on the estab-
lishment and even closer surveillance on every one who entered or left
the premises. There was a good deal of communication between the
F. B. I. field office and Washington headquarters for the purpose of
perfecting devices whereby our government could obtain information
about the conversations that were occurring between these underground
leaders, about their plans for implementing the secret organization,
concerning strategy and tactics to be placed in operation, and concern-
ing the nature of the rest of the underground structure. A detailed
discussion of these precautions and of the devices employed by the
F. B. I. in this particular instance have no place in this report. They
would, however, make fascinating reading, and if they can ever be dis-
closed they would provide further prestige to an enormously successful
and magnificent organization that has stood like a tower of strength
between the Communist agents in this country and their persistent and
ever-continuing efforts to subvert us. The F. B. I. is not prone to defend
itself from attack or to sing its own praises, but most assuredly the
unmasking of this nerve-center of the Communist underground was
one of its most distinguished contributions.
UN-AMERICAN ACTIVITIES IN CALIFORNIA 155
When the proper time came the agents descended upon the Twain
Harte cabin and arrested the occupants. These security experts of the
Communist underground were ignominiously taken to San Francisco,
fingerprinted and booked, then, in due course of time, prosecuted in
the United States District Court in San Francisco. They were repre-
sented by Richard Gladstein, together with several of the other Com-
munist lawyers who have been discussed earlier in this report. Since
the defendants preferred not to testify, and steadfastly refused to even
admit their true identities, it became necessary for the United States
Attorney to establish their identity for the benefit of the court and the
jury.
At this stage of the proceedings an elderly man was called to the
witness stand, identified as an F. B. I. fingerprint expert who had been
flown here from "Washington, and he proceeded to qualify himself as a
fingerprint and identification specialist of more than 20 years practical
experience. He then introduced a sackful of empty beer cans that were
taken from the Twain Harte cabin at the time the defendants were
placed under arrest, and produced large sheets of transparent plastic
material on which had been superimposed the fingerprints taken from
the beer cans and enlarged to the size of an average office desk top.
These fingerprints and the enlargements were made under the super-
vision of the expert witness, who then produced the actual fingerprints
of the defendants themselves that were taken at the time they were
booked. These had also been enlarged to the exact and precise dimen-
sions of the latent fingerprints that had been taken from the beer cans.
These actual prints were also on transparent plastic material of the
same dimensions as the latent prints taken from the cans. After having
identified each one of the defendants together with his actual finger-
prints, the sheet containing those prints was placed over a sheet of
latent prints, and every irregularity, every minute loop and whorl cor-
responded perfectly. This procedure was followed with each one of
the defendants whose prints were taken at the time of the booking,
and in each instance the fingerprints taken from the beer cans not only
matched perfectly, but the presentation was so graphic and so unas-
sailable that there could be no possible doubt about the establishment
of identity.
This was, of course, one of the basic elements of the case, and the
trial terminated in the conviction of the principal Communist func-
tionaries, and in addition produced what was probably a far more
important result ; it indicated to the Communist Party and to its Soviet
bosses the efficiency of the Federal Bureau of Investigation and its
ability to penetrate into even the murkiest depths of the American Com-
munist underground despite every precaution to insure against such
discovery and exposure.
We cannot refrain from stating parenthetically that even one of the
present Justices of the United States Supreme Court, while traveling
through the Middle East during this period of the Communist retreat to
156 UN-AMERICAN ACTIVITIES IN CALIFORNIA
underground positions, found a parallel situation in many of the coun-
tries he was visiting and also discovered that the party organization
there had heen broken up into small units of not more than tive people
and usually only three, for purposes of securit3^ This indicates that the
Communist Parties of the world were following the same basic prin-
ciples of security organization in maintaining their underground ap-
paratus, that retreat to such positions was carefully being co-ordinated
and directed by a central agency, and that this agency could only be
the Soviet Union which devised the basic strategy for the maintenance
of underground organizations and expressed those principles in a docu-
ment from which we shall shortly quote. The Supreme Court Justice
who made this trip was Justice William 0. Douglas, and he described
his impressions as follows :
"* * * Today they are mostly underground. They meet se-
cretly ; there are three at a meeting and a meeting lasts perhaps ten
minutes— just long enough to exchange confidences, bolster up
courage, and decide on the party line. ' ' ^*
The Communist Party of the United States was, at the time Justice
Douglas' book was published, ever since has been and still is broken up
into units of not more than five and usually three individuals for
security purposes, and meetings are held at card tables in private
homes, in restaurants and other public places, and only one individual
in each of these triangles knows who to contact in the triangle above
and the triangle below. Since we have discussed this organizational
structure in previous reports, there is no necessity to elaborate further
on it here.
The Vassiliev Documenf
In 1948 this committee participated in a seminar on counter-subver-
sive activities and techniques at the Presidio of San Francisco. Approxi-
mately 800 people attended the series of lectures for two days, and they
included intelligence personnel from both the Army and the Navy,
representatives of the Federal Bureau of Investigation, members of the
California Peace Officers Association, representatives of various Dis-
trict Attorneys, together with agents of the Office of Special Investiga-
tions, the Civil Service Commission, the Immigration Service, and all
other official agencies that were legitimately interested in counter-
subversive problems. Former members of the Communist Party ad-
dressed the gathering, as did other lecturers, including Senator Burns,
the chairman of this committee, and R. E. Combs, its counsel.
On that occasion both Senator Burns and Mr. Combs quoted from a
document that had long been in the committee's possession, and which,
so far as we know, had not previously been released. It was known as
the Vassiliev Document. Part of it had appeared in the Communist
83 Strange Lands and Friendly People, by William O. Douglas. Harper & Bros., New
York. 1951, p. 3.
UN-AMERICAN ACTIVITIES IN CALIFORNIA 157
press in 1931, and ever since that time it had been used and is still
being used as a basis for underground organization by the Communist
Parties of the Avorld. The author, B. Vassiliev, was an instructor in
these matters at the Lenin School in Moscow, which we have previous!}^
described as a training center for carefully selected Communists from
the various parties throughout the world who went to the Red academy
and prepared themselves for espionage work for three or four years
during which they listened to lectures by experts such as Vassiliev,
witnessed techniques that were most effective in blowhig up steel sup-
ports for high voltage electric transmission lines, tunnels, bridges, rail-
road tracks, and other bourgeois targets. There were also classes in the
effective sabotaging of food stuffs, radio stations, steamships, reservoirs
of domestic water supply, coupled with courses in high-level political
activity designed to accomplish the most effective infiltration of large
masses of people, especially in the backward countries of the world.
We realize that these matters are completely outside the orbit of the
average American's activities. But they have been established by the
unshakeable testimony of individuals who attended these courses and
since defected from the party; the Vassiliev document has been thor-
oughly authenticated and is in the archives of the committee. Frag-
ments of it have been, since 1948, published by various other agencies —
but since there is an active Communist underground in California, and
since it is slavishly following the directions established by the Vassiliev
document, and since the nerve center for the entire Communist under-
ground was located in this state, and because we believe the members
of the California Legislature and people of this state should have an
adequate understanding of the techniques being employed by the Com-
munist agents in our midst, we believe it highly desirable and prac-
tical to reproduce portions of the Vassiliev document herewith.
As was pointed out by Ralph de Toledano, the author of Seeds of
Treason, the definitive work on the Alger Hiss case, and an authority
in the counter-subversive field :
"The underground Party is organized on Bakuninist lines, con-
cretized by one B. Vassiliev in 1931, under the title: Organiza-
tional Prohlems ayid Underground Revolutionary Work. This Com-
munist outline runs to five pages. It merits serious study. Vassiliev
directed :
' In proportion as the legal apparatus of the Party is liquidated,
the directing functions will inevitably require a regrouping of
Party forces. This reconstruction of the work will pass more and
more to the illegal apparatus. '
This has been going on, carefully and methodically, since the
inception of the cold war. ' ' ^^
»*This We Face, by Ralph de Toledano. American Mercury, April, 1959, p. 38-41.
158 UN-AMERICAN ACTIVITIES IN CALIFORNIA
The pertinent parts of the Yassiliev lecture to students of the gradu-
ating class at the Lenin School in Moscow is as follows :
"In * * * conditions of growing economic crisis and heightened
threat of war against the U.S.S.K. all measures will be taken by
the ruling classes of the capitalist countries to guarantee their rear
before declaring war; that is, everything will be done by them to
weaken, disorganize and, as far as possible, liquidate completely
all revolutionary proletarian organizations, and in the first place
the Communist Parties.
If until recently it was necessary to talk of the campaign of
the ruling classes against the Communist Parties, and of the Parties
having to prepare for transferring to underground work, now all
parties are facing an extermination in the preparation which has
been carried out. In the first place the Communist Parties of the
advanced capitalist countries must now have a concrete plan of
what to do if the country should be declared under martial law
and a beginning made dealing with Communists according to mili-
tary law. At the same time the U.S.S.K. enlarged plenum of the
ECCI, [Executive Committee of the Communist International],
demands from the Communist Parties that they should undertake
such forms and such a pace of Party work as to allow them in spite
of all repression, in spite of mass arrests of leading workers and
rank and file members of the Communist Parties, in spite of the
suppression of the legal Party press, to strengthen to the maximum
degree their mass work, so as to draw the broadest proletarian
masses into the revolutionary struggle." *
" * * * With regard to the meetings of the Party Committees
it is still essential to have in view the following rule, which is
absolutely binding for illegal Communist Parties. At the meeting
of the Party Committee, or in any case at the plenary meeting at
which representatives of the rank and file Part}^ activists take part,
those members must not be present in whose hands are the con-
nections with Party organizations, addresses, etc., because if the
police arrest such a meeting, then the whole Party Committee will
be arrested, and to reorganize the Party organization after all the
addresses, connections and so on, have been lost, is naturally very
difficult. It is necessary that at least one comrade who keeps the
addresses, connections, etc., should not come to the meetings of
the Party Committee and that at the moment of the meeting of
the Party Committee he should take special measures of precaution
to avoid the arrests, which usually follow on the rounding up of a
Party Committee bj^ the means of those addresses and connections
which the police get hold of in the course of the same.
* Compare with the statenaents contained in the address by Eugene Dennis, quoted
above.
UN-AMERICAN ACTIVITIES IN CALIFORNIA 159
Before big revolutionary demonstrations and mass proletarian
actions, which are being prepared by illegal Communist Parties,
this rule must also apply to all illegal Communist Parties.
What should be the distribution of work within the Party
Committee ? The following are the most important functions. First,
the Secretary of the Party Committee. Not only is it not necessary
for the Secretary of the Committee of a Communist Bolshevik
Party to be the political leader of the committee, but as a rule he
should not be a political leader * * * in the Russian Party the
Secretary of the Committee is at the same time the leader of the
Party Committee. But in the underground party the position was
quite different. Then the Secretary was never the leader of the
Party Committee. He was a comrade who was responsible for con-
nections with the Party organizations above and below ; for con-
versations with comrades who were in need of this or that advice
or information from the Party Committee, and so on.
Why is such a rule essential ? It is important because the Secre-
tary of the Party Committee in illegal and semilegal conditions
is the person on whom, above all, the blow of action will fall. If
that person is the political leader of the Party Committee then
naturally his arrest v>^ill affect very harmfully all the work of the
Party Committee. The political leader of the Party Committee
should not perform secretarial work and in general, as a rule,
should not be connected with the technical functions of the Party
apparatus. I think this rule of Bolshevik underground work should
now be transferred completely into the practice of all our Com-
munist Parties.
The responsibility for the publication and the distribution of
illegal literature should be placed upon one member of the Party
Committee. This function should now be absolutely obligatory
for all Communist Parties, including legal Communist Parties, be-
ginning with the Central Committee and ending with the District
Committees. We now have it as a general rule that on the eve of
big revolutionary actions legal Communist literature is forbidden,
confiscated or in the best case censured in such a way that all
the Communism is washed out of it. As, for example, in Czecho-
slovakia. Therefore, if the Party does not have an illegal printing
press for the preparation of a political campaign and does not at
the same time prepare the publication of illegal literature, then at
the most critical moment the Party remains without literature, as
happened, for instance, with the Czechoslovakian Communist Party.
* * * All Communist Parties must without fail have an exten-
sive apparatus for the publication of illegal Party literature : print-
ing plants, various kinds of rotary machines, copying machines,
mimeographs, and simple hectographs in order to publish illegal
literature, newspapers, leaflets, etc. In particular it is absolutely
160 X7X-AMERICAN ACTIVmES EST CALIFORNIA
essential that the local Party Committees should guarantee the
publication of the factory papers for the factory cells of the big
enterprises, espeeiaDy in connection with the carrying out of the
campaigns. * * * "With regard to illegal literature it is also neces-
sary to have ready arrangements for its distribution. For that it is
essential to hare a special apparatus for distribution which must
not, as a rule, coincide with the general apparatus of the Party
Committee. (Committee's italics.) * Special comrades must be
brought into this end. there must be special addresses for the safe-
keeping and conveyance of literature from the printing press to the
district and from the districts and localities to the factories for
distribution among the workers. * * *
One of the members of the committee should undertake the
duty of the organization of proletarian self-defense. This is now
beyond all doubt essential. There is a great deal of talk about
proletarian seK-defense, and if all these conversations were
brought together they might annihilate the bourgeois by their
sheer weight ; but the practical results are not worth a halfpenny.
There is a certain amount of work on proletarian self-defense in
Germany, the Chinese comrades work well, too, they having quite
different conditions of work, but about the other Parties it is un-
fortunately impossible to say amihing good. Resolutions are
passed, but all the same there is no proletarian self-defense. So,
it miist become a rule that every Party Committee appoint a special
comrade to take charge of this work. This comrade must, by the
way, definitely arrange a special training for members of the
organization of proletarian self-defense, in order that these organ-
izations may be real self-defense organizations — not the present
meetings of comrades which call themselves self-defense organiza-
tions. The practice of the proletarian self-defense detachments
during recent demonstrations shows that the comrades from the
sections of self-defense do not have the slightest conception of any
kind of self-defense. "When the police attacked them they did not
know how to resist. They didn't understand the tactics of street
fighting; didn't even know how to box, and as a result in certain
cases one policeman broke up dozens of sections of proletarian
seK-defense, because our comrades waved their arms about aim-
lessly while the policemen were quite confident and used all the
skill of well-framed boxers.
*****
"At present the question of proper arrangement for learning
about the work of our opponent the Social-Fascist, the Fascist,
discovering the plans of poUee with regard to breaking up demon-
strations, etc., assumes very great importance. Every Party Com-
• We have pre\-iously referred to the Aesopian language commonly used in party
Uterattire. This language has a peculiar meaning for Communists, and is usually
quite unintelligible and confusing to the layman. In Communist parlance the world
over, the word "special" refers to underground or espionage activitj\
UN-AMERICAN ACTIVITIES IN CALIFORNIA 161
mittee should clearly look at this side of every day Party work;
should place ou one of its members the special duty of organizing
work in this direction and should systematically check how this
work is being carried out and what are the pressing concrete tasks.
How can Party Committees be elected in illegal Parties?
Naturally, in an illegal Party elections cannot take place as they
do in legal Parties, but nevertheless they are possible. That is to
say, that the forms of electing Party committees in illegal Parties
should be different from those used in legal parties. For example,
the election of Party committees at aggregate meetings, at wide
conferences, cannot in any case be allowed in illegal parties. There
the elections must take place in narrower conferences. The measure
of representation at these conferences in illegal Parties must of
necessity be very compressed. Moreover, the elections themselves in
illegal Parties must come as a rule, take place in such a way that
even the members of the conference do not know who is elected
on the Party Committee. At the present time two methods of elect-
ing leading organs in illegal parties are practiced. The first
method : the Party conference elects a special commission for count-
ing the votes cast for candidates for members of the Party Com-
mittee. Then the candidates are named and the election of the
Party Committee proceeds by secret vote. The commission checks
the result of the voting, while it does not report to the conference
as to the personnel elected. Another method of election : the con-
ference elects a narrow commission in which a representative of
the higher Party Committee takes part, and this narrow com-
mittee elects the new Party Committee. In strictly illegal Parties,
as for example the Italian Communist Party, the latter method of
election is the only one which guarantees more or less strict con-
spiratorial conditions.
The most important element of successful working of the Party
Committee — the one on which during the checking of its work the
most serious attention must be concentrated — is the question of
connections of the Party Committee with the higher and lower
Party organizations, especially with factory cells and the fractions
in the mass non-Party organizations. This question now has a
decisive importance, especially in the legal and semilegal Commu-
nist Parties. The illegal Communist Parties have already worked
out a whole number of measures and methods in order to keep their
communications with the lower organizations and with separate
members of the Party, in spite of the severest police repression.
But with the legal and the semilegal parties there is bad work all
the time along this line.
What are the most important methods of communication that
is essential to foresee? It is essentially important to have a well-
laid-out method of live communication. Live communication is kept
6— L,-4361
162 UN-AMERICAN ACTIVITIES IN CALIFORNIA
going by the help of the system of so-called appearing or report-
ing places. ^\Tiat is a reporting point? A reporting point is this:
The Party Committee establishes special addresses or flats or other
places where on certain days at a certain time representatives of
the cells and fractions of the mass organizations must appear.
There, also, representatives of the Party Committees appear. Rep-
resentatives of the cells and fractions make reports on what has
happened in the factory, what the cell has done, what it proposes
to do, and so on, and representatives of the Party Committee,
having received the report, advise the cell how it should act, passes
on to it the directions of the higher Party organ, and so on. This
system of appearing places must without fail he estahlished in all
Parties without exception, legal and illegal (committee's italics),
while the legal Parties a double system of reporting places must
without fail be established — a system of legal and illegal appear-
ing points.
* * « • •
"If the Party has already more or less seriously and funda-
mentally gone over to underground conditions, and the shadowing
of leading active Party members has begun, and the Party mem-
bers are being arrested in the streets, then it is very important
that special signals should be established for the appearing flat,
showing in the first place the safety of the flat; second, showing
that exactly those people have come who were expected, and that
these comrades who have come are talking with exactly those com-
rades whom the observer is coming to see. In order to show that
the reporting places are in working order — for example, a flower,
a flower pot was placed in the window, the comrade came, saw
that the flowers were there, knew that it was safe, and entered.
For verifying those who come to the reporting places, a system
of passwords is established. The comrade comes to the reporting
point and he says some agreed-upon sentence. They answer to that
agreed-upon sentence with another agreed-upon sentence. So both
comrades check each other. In Russian underground conditions
very complicated passwords were sometimes used in tlie central
appearing places. This was called for by the circumstances that
different workers passed through different reporting places; rank
and file workers from the cells, district and central Party workers.
Accordingly, one password was picked for the rank and file work-
ers, and more complicated ones for the district workers and a still
more complicated one for the central workers. "Why was this nec-
essary? It was necessary for conspirative reasons, since only cer-
tain things could be said to the rank and file worker while perhaps
other things could be said to the district worker while you could
speak with full frankness about the whole work of the illegal or-
ganization to the representative of the central committee.
UN-AMERICAN ACTIVITIES IN CALIFORNIA 163
Besides flats for reporting points, connecting link flats are also
needed for communication by letter, and these flats must in no
case coincide. And finally there must be flats for the sheltering of
illegal comrades, comrades whom the police are looking for, com-
rades who have escaped from prison, etc. For all our legal Com-
munist Parties the question of addresses and flats now play the
role of first importance. * * * It is essential for all Parties to
occupy themselves now in the most serious way with the solution
of the 'housing' problem.
It is also necessary to give the most serious attention to the
problem of the organization of letter communication. In checking
the work of the Party Committee it is necessary to consider this
question especially. Does the Party Committee have addresses for
communicating by letter with the higher and lower Party organ-
izations, and how are these communications put into practice?
Now, even for the legal Parties, the firmest rule must be estab-
lished that all correspondence concerning the functioning of the
Party apparatus must without fail go by special routes guaran-
teeing letters from being copied in the post. All kinds of special
circulars, general information reports on the condition of the Party
in legal Parties can go through the ordinary post to legal Party
addresses, but everything concerning the functioning of the Party
Committee, even in legal parties, must without fail go by special
route. In the first place, the use of special courier must be fore-
seen, who will personally carry letters, not trusting these letters
to the state post. Here the Parties must make use of connections
which they have with post and telegraph and railway servants,
connections with all kinds of commercial travelers for traveling
firms, and so on. All these connections must be used in order that
without extra expense responsible Party documents can be trans-
ported. Further, every Party should take care that every letter,
apart from whether it goes through the state post or by courier,
should be written in such a way that in case it falls into the hands
of the police it should not give the police a basis for any kind of
arrest or repression against the Party organization.
This makes the following three requisites. First requisite: the
letter must be in code, i.e., all aspects of illegal work are referred
to by some special phrase or other. For example, the illegal printing
press is called 'auntie ;' type is called 'sugar,' and so on. A comrade
writes: 'Auntie asks you without fail to send her 20 pounds of
sugar.' This will mean that the press is in need of 20 pounds of
type. Or a comrade writes: 'We are experiencing great difficulty
in finding a suitable flat for our aunt. ' That means it is a question
of finding a location for the illegal printing press.
Second requisite: besides the code, as above, ciphers are used;
illegal parts of letters being put not only into code but also into
ciphers. There are many different systems of ciphers. The simplest
164 UX-AMERICAN ACTIVITIES EN CALIFOENIA
and at the same time the most reliable is the system of cipher by the
help of a book. Some book or other is agreed upon beforehand then
the cipher is made in this way: simple fractions or decimals are
ciphers. The first figure of the first fraction shows the page of the
book. Then further comes the actual cipher. For the numerator of
the fraction we must take a line counting from above or below;
for the deuoniinator that counting from either the left or right
which it is necessary to put into the cipher. For example, we need
to put into the cipher the letter 'A.' We look in the book and see
that this letter is in the third line from the top, the fourth letter
from the left towards the right, then we cipher three over four
(3/4), that is, the third line from the top, fourth letter from left
to right. Also on this method: for example, counting the line not
from above but from below, then the three will not be the third
line from above but the third line from below. You can agree to
count the letter in the line not from left to right but from right
to left. Finally, for greater complexity in order to keep the sense
from the police, you can also add to the fraction some number
or other. Let us say the numerator is increased by three and the
denominator by four. In this case, in order to decipher, it will
be necessary first to subtract in the numerator and denominator of
every fraction. A whole number of similar variations can be worked
out to complicate the ciphers. The advantage of such a cipher is
that it is not only very simple but also each letter can be designated
by a great number of different signs and in such a way that the
cipher designation of letters are not repeated. The book cipher
can be used without a book. In place of a book, some poem or other
can be chosen, learned by heart and the deciphering done according
to it. When it is necessary to cipher or decipher, the poem must
be written out in verses and then the ciphering or deciphering
done and the poem destroyed.
The third requisite which is also recommended should be used
in correspondence, is writing with chemical inks- — that is, with
such inks that are impossible to read without special adaptation.
If a secret Party letter falls into the hands of the police written
in invisible ink, the open text of such letters must be made to
appear perfectly blameless, for example, a son is writing to his
mother that he is alive and well and of the good things he wishes
her. Not a word about revolution. The police must guess first of
all that under this apparently innocent text there is a hidden text.
Having discovered this secret, the police tumble against a cipher.
If they succeed in deciphering the cipher, they stumble up against
a code and they still have to decipher that code. But all this takes
time in the course of which the police can do nothing. If the police
succeed in reading it in the course of two or three weeks, then by
that time the Party organization has been able to cover up all
the consequences of the subject which was written about in the
letter.
UN-AMERICAN ACTIVITIES IN CALIFORNIA 165
What kind of invisible ink should be used? Invisible inks exist
in very great number. They can be bought in any chemists shop.
Finally, comrades must use the latest inventions in chemistry in
this direction. The simplest invisible ink which can be recommended
and which can be found everywhere, is, for example, onion juice
and pure water.
If we consider legal parties which are being driven under-
ground, the question can be put in this way: the Party should
fight to the very last to retain all existing forms of the legal
working class movement ; for the legal existence of the Communist
Party ; for legal Communist literature ; for legal trade unions ; for
other legal unions of mass organization. In the process of this
struggle the Communist Parties of these countries, however great
the democratic freedom is at the given moment, however easy at
any given moment it may be for them to get permission to publish
legal Communist papers, or organize demonstrations, etc., must at
the same time construct and strengthen their illegal apparatus
from top to bottom. All legal parties are now under the greatest
responsibility in respect to the creation and strengthening of an
legal party apparatus. All of them must immediately undertake
measures to have within the legally-existing Party Committees
an illegal directing corps. The illegal part of the Party apparatus
must be separated from the legal apparatus of the Party Commit-
tee, and a part of the members of the Party Committee must al-
ready now be made illegal. Such comrades as Comrade Thaleman
[German Communist functionary] cannot go underground. It
would be completely stupid for him to be underground at the
present moment. Comrade Thaleman and other prominent leaders
of the Communist Party must have the possibility of quickly pass-
ing underground at the necessary moment; must have the neces-
sary living accomodations for this ; must have facilities for quickly
changing their names, and all other means of swiftly avoiding the
pursuits of the police, so that the police should look for them in
quite a different direction to the one in which they have gone.
Besides leaders like Comrade Thaleman who are well known
to the whole working class, there are a number of leaders in all
Communist Parties who are less well-known or completely un-
known to the broad mass of the working class and in wide police
circles, but who are well tried in practical Party work. It is very
important to bring to leading work those who are unknown to the
wide masses and to the police, but who have been tried in the pro-
cess of every day Party work as good organizers, good conspirators,
and completely devoted to the cause of Communism.
Cells of illegal directing organs must be created from among
these activists and along with the increasing repression those sec-
tions of the Party apparatus which are most susceptible to repres-
sion should be handed over to their charge, as well as the more
important Party documents, etc. At the same time the legal exist-
166 UN-AMERICAN ACTIVITIES IN CALIFORNIA
ence of the Party Committee and the legal use of the names of
members of the Central Committee and other Party units who
can still legally speak in the name of the Party Committee, etc.,
must be preserved until the last. If this work is properly arranged,
then the police on arriving and securing members of the Central
Committee, district and other Party committees who are known
to it, and seizing the premises of the Party Committee, will seize
only the premises in which there are no Party documents and only
those comrades who do not longer hold in their hands the most
important threats of the Party apparatus. The Party apparatus
carried underground in such cases, at once begins to function,
guaranteeing uninterrupted direction of Party work * * *
Most important and fundamental legal or semi-legal cover for
an illegal Communist Party is the trade union. Therefore, illegal
Communist Parties must give the utmost serious attention to the
trade unions, and must fight with all their strength and by all
means possible for their open existence. Practice has shown that,
for example, in Rumania and even in Yugoslavia, with its violent
Fascist terror, the open existence of Red trade unions under a
strong Communist influence is possible.
* * * The most important question of all Party work is the
question of the active core of the Party. Putting every Party mem-
ber, every Party worker, in his most suitable place — that is the
kernel of the question, as Lenin liked to put it; and the Party
organizer in order to hit the nail on the head must learn to put
every Party member in his right place, while remembering that
Party members cannot be shuffled around like pawns or children's
bricks, which can be placed in any direction. One Party member
is suitable for the organization of an illegal printing press — he
must be used for this, but he may not be suitable as a propagandist,
and if he is sent to carry on propaganda this will prove of such a
kind that two other propagandists will have to be sent to put his
work right. Another comrade, a fine propagandist and educator,
who knows how to explain in the most popular way the most
difficult political problem, or the most complicated political slogan,
is a bad conspirator if he is on conspirative work and will bring
harm to the Party. Therefore, the Party organizer must in the
most careful way study the human material with which he has to
deal, in order to know for what concrete task that human material
can best be made use of * * * We must he very hold in making
use of the creative experience of the revolutionary proletarian
masses; this experience has been and will always he the most de-
cisive in the work of the Communist Parties and the whole of the
Communist International." (Committee's italics.)
The last sentence quoted above, which we have italicized for em-
phasis, points up the slavish devotion by all foreign Communist Parties
to the Soviet prototype. The names of the party officials and the duties
UN-AMERICAN ACTIVITIES IN CALIFORNIA 167
imposed on each, the physical organization of the party and its fronts,
the security measures of the underground apparatus, even the peculiar
Aesopian language employed in communicating between party mem-
bers— all of these are patterned on the Soviet model. And so inflexible
and absolute is Communist Party discipline, that orders issued from
above must be carried out without the slightest hesitation or question,
and this is particularly true when the orders come from a Soviet Com-
munist rather than down through the chain of command that exists
in a foreign Communist organization.
In a previous report we have explained how a school for under-
ground organization and activity was maintained in Alameda County
at Orinda, and we quoted from the experiences of students who, while
devout Communists, attended these classes. They were instructed how
to carry on illegal communications, and how to make and operate an
illegal printing apparatus from materials found in most kitchens. The
use of meeting places and appearing points, the exchange of passwords,
the arrangements of flowers as a signal to visitors that they could
safely enter may all seem somewhat cloak-and-daggerish to the average
reader of this report. "We assure you in all sincerity that this is not
the case. We have interviewed dozens of former Communist Party
members who have actually participated in this sort of activity, and
if our readers wish to pursue the matter any further and completely
corroborate the fact that the underground in California is today
slavishly following the instructions laid down by such experts as B.
Vassiliev, we refer them to the books that are cited in the footnote.*
There are many other books, all reliable, dealing with experiences of
the authors in the Communist underground in the United States. The
cumulative effect of these treatises completely corroborates the fact that
the Vassiliev document is being followed by the Communist Party
underground in the United States at the present time.
Attention may also be directed to an address made by Dr. J. B.
Matthews on the occasion of the thirty-second annual meeting of the
American Legion, Department of Connecticut, Hartford, Connecticut,
on August 19, 1950. The title of Dr. Matthews' address was, ''The
Communist Underground," and he made specific reference to the Vas-
siliev lecture. Dr. Matthews said: "There is no doubt about the com-
plete authenticity of this document. The details of the order amounted
to a blueprint of the Communist undergrounds in all countries outside
the Soviet Union, the United States of America included. The order
embodying these details is a veritable primer for Americans who want
to understand the true nature of the Communist Party." As Matthews
points out, the Communist Party of the United States has quit issuing
membership books or cards and has entrusted knowledge as to the
membership of the party to individuals who are not only highly trusted
but who pass the information on cards from one place to another
* (My Ten Years as a Counter-Spy, by Boris Morros ; Witness, by Whittaker Charn-
bers ; This Masquerade, by Angela Colamiris ; Out of Bondage, by Elizabeth Bent-
ley ; Empire of Fear, by Vladimir and Evdokia Petrov.)
168 UN-AMERICAN ACTWITIES IN CALIFORNIA
for security reasons, and the offices in Los Angeles and San Francisco
are completely devoid of party records and documents of any kind.
This is in strict accordance with the directions issued by Vassiliev.
Complete files of Communist Party membership in the United States
have been taken out of the country and kept, at one time or another,
in both Mexico and Cuba. Vassiliev 's order that places be prepared for
the housing of illegal printing plants is reflected in the school estab
lished at Orinda where precise instructions in the greatest detail for
the maintenance and operation of undercover printing facilities were
taught and discussed. The lecture also pointed out the necessity for
reserve leadership of the party, and we saw that leadership take over
when Smith Act prosecutions placed the regular party officials behind
bars.
Vassiliev also urged that the party remain above ground and legal
until the last possible minute — and this is reflected by the defiant state-
ments of the party's General Secretary, Eugene Dennis, which we
quoted earlier in this section of the report. The material in the Vas-
siliev lecture concerning letter drops, meeting places, passwords, and
clandestine communications, is all amply verified by an examination of
the reading sources that we have already mentioned. Any readers who
may wish to pursue the subject further will be provided with a re-
liable list of supplementary sources if they will make the request in
writing to this committee in care of Senator Burns.
The reader will recall that toward the end of the Vassiliev document
there is an injunction to the leaders of the underground to mobilize the
services of the "less well-known or completely unknown" Communist
activists "who are well tried in practical Party work * * * unknown
to the wide masses and to the police, but who have been tried in the
process of everyday work as good organizers, good conspirators, and
completely to the cause of Communism. ' ' This is the type of hard-core,
highly indoctrinated party member who has survived the downgrading
of Stalin, the revolts in Hungary and Poland, and who is unshaken in
his determination to further the cause of world revolution at all costs.
Throughout the United States and in California the party has mobilized
its relatively unknown membership. It is making use of the lethal fall-
out of party members we referred to earlier ; it is alerting its ' ' sleeper
apparatus" composed of individuals who have been secret party mem-
bers for many years but who have never paid dues, never attended a
meeting, never associated with Communists, but who have wormed
their ways into positions of trust and confidence and influence and are
now secretly working in behalf of the Communists' objectives. Then,
too, there are the captives who once made the mistake of affiliating with
the Communist Party, dropped out, climbed to positions of power,
prestige and high position over the intervening years, and are now
subject to blackmail by their old party contacts who threaten to ex-
pose them and ruin them unless they agree to perform little favors
upon request.
UN-AMERICAN ACTIVITIES IN CALIFORNIA 169
The fight against Communism in this state is far more challenging,
far more difficult and far more necessary than ever. The party is now
beginning to pick up additional membership. Tlie deviatioiiists are be-
ing forced out of the organization, new leadership is being prepared,
new funds are becoming available, and meanwhile the party is still
concentrating on the penetration of trade union organizations and edu-
cational institutions. It is implementing the Khrushchev directive to
create a second and wide United Front by sending its members into
mass liberal organizations and seeking to warp them to the Communist
way of thinking.
We must constantly bear in mind that we are charged with the duty
of protecting the innocent liberal against unjust accusations of subver-
sive activity and affiliation, we must observe the rules of the game,
scrupulously protect the civil rights of all who appear before the com-
mittee and at the same time endeavor to report to the legislature and
to the people concerning the true nature of subversive activities and
propaganda within our borders. On the other hand, the Communist
Party is bound by no rules of morality, law, decency, or ethics. To the
Communist the end justifies the means in all cases, he is disciplined to
instantly carry out his assignments, as a witness he is recalcitrant,
stubborn, abusive, and does little more than repeatedly invoke the pro-
tection of the Fifth Amendment. The challenge is a great one indeed.
It is so great that every educator, every trade union official, should take
the time to thoroughly inform himself about Communist tactics, and
then join the ranks in a broad co-operative effort to stem the infiltrators.
President Eisenhower recently visited the hospital to see Secretary of
State John Foster Dulles, who was then recuperating from X-ray treat-
ment for cancer. By the side of Mr. Dulles' bed was a copy of the book
by Harry and Bonaro Overstreet, entitled What We Must Know
About Communism, W. W. Norton & Co., New York, 1958. The Secre-
tary of State recommended that the President read this volume, and it
is now being serialized in the Los Angeles Times and other newspapers
of wide circulation. While certainly not the best book that has been
written about Communism, it is a popular one, and contains much
excellent material. Mr. Overstreet and his wife are capable writers, and
he learned something about Communist front organizations at first
hand, having been lured into a number of them from time to time. Mr.
Overstreet is an example of a non-Communist liberal who was attracted
to a few of these front organizations, found out what they were all
about, and had the courage to do something about the problem instead
of shrinking away from the experience and remaining silent. Many
people who have had similar experiences — in fact the overwhelming
majority of them — are content to remain silent, when by speaking
boldly they could strike an effective blow against the menace that
170 UN-AMERICAN ACTIVITIES IN CALIFORNIA
attracted them to its periphery. Writing about the Communist under-
ground, the Overstreet book had this to say:
"It is in the theory of the state once more, that Ave find the
rationale of one of Lenin's basic edicts: namely, that Communists
in non-Communist countries must maintain both a legal and illegal
apparatus. They must be able to work in the open — through a legal
Party, where this is allowed and through as mau}^ fronts as possible
— in order to give 'vanguard' leadership to the masses and to
politicalize their struggles. But also they must be able to work in
the underground, carrying on activities that are patently outside
the law of the land but are called for by the long-range purpose
and 'monolithic unity' of the world Communist movement. Such
double organization, Lenin specified, is necessary in any 'bour-
geoise' country — which is to say, any 'enemy' country — just as it
was necessary for the Bolsheviks in Tsarist Eussia.
The C. P. U. S. A. has always — or, at least, since it first affili-
ated with the Comintern — maintained the requisite double ap-
paratus. Between 1920 and 1935, it scarcely bothered to conceal its
double character ; or, during those years, it was always seeing the
revolution just ahead. Thus, we have only to turn to early issues
of The Coramunist — forerunner of Political Afairs — to read the
record of legal and illegal organization. The October, 1921, issue,
for example, states without equivocation, ' The center of gravity of
our activities is not fixed. It is constantly shifting ; sometimes in
the direction of the legal organization, sometimes in the direction
of the underground organization. This center of gravity is at all
times determined by the ever-changing realities of the actual class
struggle. '
An equally frank statement appears in the July, 1922 issue:
'A truly revolutionary (i.e. Communist) party can never be
"legal" in the sense of having its purpose harmonize with the
purpose of the laws made by the capitalist state. * * * Hence, to
call a Communist Party "legal" means that its existence is toler-
ated by the capitalist state.' The article then goes on to say that
since the 'legal' political party thus exists by 'enemy' tolerance,
the revolutionary cause can never be entrusted to it alone.
As late as 1934, the manifesto of the eighth convention of the
C. P. U. S. A. said that, in view of the 'growing danger of illegal-
ity,' the Party must tighten its discipline, combat spies, and 'in-
sure the secret functioning of the factory nuclei.' "
* * • « •
"The United States is by no means alone in having to cope with
the problems attendant upon the legal-illegal operations of the
Party. Every non-Communist country in the world faces this same
problem— and deals with them as it thinks best. But no country
has solved them. ' ' ^^
** What We Must Know About Communism, op. cit., pp. 23-35.
UN-AMERICAN ACTIVITIES IN CALIFORNIA 171
Infiltration of Federal Government
Several years ago the committee issued a report in which we earnestly-
endeavored to describe the international Communist movement, tracing
the history of the Russian revolution, the foundation of the Comintern,
the establishment of the Communist Parties of tlie world, history of the
Communist Party of the United States, and a history of its activities
in California. We did this because we wished to indicate that the move-
ment is international by its very nature, and that a resident of Michi-
gan who was active in Communist activities there on Monday can well
be active in California two days later. This elastic, international, ever-
shifting and changing aspect of Communism cannot be viewed by
focusing a microscope on the activities in California alone. The Com-
munist Party of this state, both above and underground, acts according
to the dictates of the Soviet Union. It has always been thus and it
ever will be. The party line is carefully timed and correlated like
a finely syncronized mechanism, and operates on a global scale. To act
provincial about a problem of Communism is to demonstrate a hope-
less lack of knowledge concerning its true nature and an equally hope-
less ineptitude in analyzing its activities in California with any degree
of accuracy. Nevertheless, we were lambasted soundly by some of the
more "progressive" members of the press for straying so far afield.
It will be interesting if we receive the same sort of critical treatment
from the same sources because we undertake in this report to mention
a document like the Vassiliev lecture, to link the second United Front
with the Khrushchev speech of February, 1956, and trace the develop-
ment of the international Communist front organization to Willi Muen-
zenburg.
The Communist underground in California today is extremely active
and it could not possibly be understood unless one is not only familiar
with the establishment of the underground headquarters near Twain
Harte, but also with the international nature of the Communist move-
ment, and with a document as vital as the Vassiliev lecture. It is the
underground organization, for example, that would handle political
infiltration and endeavor to control elected officials by placing under-
cover Communist secretaries in their offices to read their mail, make
their appointments and arrange their engagements and speaking dates.
It is the underground organization that would contact the unknown
party members or "sleepers" in lofty positions and urge them to use
their prestige and influence for the benefit of the party. It is the under-
ground apparatus that gives a nudge here, a shove there, applies a deft
touch of propaganda at the precise moment when it will be of the
greatest effect, that flatters liberals into conformity with the party
line, and manipulates the naive do-gooders into positions of unwittingly
performing the party's work.
In many situations, indeed, the underground organization of the
Communist Party of the United States and its espionage operations are
virtually identical. To those of us who may have become complacent,
172 UN-AMERICAN ACTIVITIES IN CALIFORNIA
weary of hearing about Communism so frequently, and who have be-
come apathetic and little concerned with this problem, we direct atten-
tion to a thoroughly reliable and accurate partial list of employees in
high places who were either members of the Communist Partj^, espio-
nage agents, who invoked the Fifth Amendment when questioned under
oath about their Communist activities and affiliations, or were proven
to have collaborated with the Communist Party or the Soviet agents in
the United States. It will be noted that many of them moved from one
important government agency to another through years of infiltrating
activity. The staggering damage they did to the security of the United
States will probably never be known, but it was obviously tremendous.
The partial list is as follows :
State Department
Alger Hiss, head of the Department of Henry Collins, Jr.
Political Affairs. Leo Drozdoff
John Carter Vincent, head of the Far Harold Glasser
Eastern Division. Irving Goldman
Robert T. Miller, Assistant head, Divi- Stanley Graze
sion of Research and Publication. .Tulian Friedman
Maurice Halperin, head of the Latin- Mary .J. Keeney
American Division. Carl Aldo Marzani
Laurence Duggan, head of the Latin-
American Division.
DEPARTMENT OF THE TREASURY
Harry Dexter White, Assistant Secretary of the Treasury
Harold Glasser, Director of the Division of Monetary Research and Chief Financial
Advisor to the Economic Board following the invasion of North Africa, and
Treasury representative to UNRRA.
Frank Coe, Director of the Division of Monetary Research.
Abraham George Silverman, Chief Economist, French Purchasing Mission.
Soloman Adler, Official Treasury Representative to China.
Bela Gold, Division of Monetary Research.
Irving Kaplan, Division of Monetary Research.
Victor Perlo, Division of Monetary Research.
William Ludwig Ullman, Division of Monetary Research.
Edward Fitzgerald
Stanley Graze
William Taylor
DEPARTMENT OF JUSTICE
John Abt, Special Assistant to the Attorney General.
Alger Hiss, Special Assistant to the Attorney General.
Irving Kaplan, Special Assistant to the Attorney General.
Norman Bursler
Donald Hiss
Judith Coplon
DEPARTMENT OF AGRICULTURE
John Abt Charles Kramer
Julia Older Blazer Victor Perlo
Henry Collins, Jr. Margaret Bennet Porter
Harold Glasser I^e Pressman
Bela Gold Julian Wadleigh
Alger Hiss Nathan Witt
RESETTLEMENT ADMINISTRATION
William Ludwig Ullman Nathan Gregory Silvermaster
Lee Pressman
UN-AMERICAN ACTIVITIES IN CALIFORNIA
173
WORKS PROGRESS ADMINISTRATION
John Abt Lee I'rcssman
Harold Glasser
NATIONAL RESEARCH PROJECT
Irving Kaplan, Associate Director Ilany Mngdoff
Edward J. l^tzgerald Harry 01)er
Charles Flato Herbert Scliiemmel
Jacob Grauman Alfred Van Tassel
NATIONAL LABOR RELATIONS BOARD
Nathan Witt, Secretary
Edwin Smith
Henry Collins, Jr.
Edward Fitzgerald
Edward Fitzgerald
Harry Magdoff
Joel Gordon
Charles Kramer
Henry Collins, Jr.
Charles Kramer
Allan Rosenberg
DEPARTMENT OF LABOR
Donald Hiss
FEDERAL WORKS AGENCY
Irving Kaplan
FEDERAL SECURITY AGENCY
Edward Fitzgerald
FEDERAL ECONOMIC ADMINISTRATION
Edward Fitzgerald
EMERGENCY DEFENSE AGENCY
Victor Perlo
DEPARTMENT OF COMMERCE
Victor Perlo
William Remington
SECURITIES EXCHANGE COMMISSION
John Abt
SOCIAL SECURITY BOARD
Irving Kaplan
TENNESSEE VALLEY AUTHORITY
William Remington
NATIONAL YOUTH ADMINISTRATION
Leon Elveson
NATIONAL RECOVERY ADMINISTRATION
Victor Perlo
HOME OWNERS LOAN CORPORATION
Victor Perlo
BOARD OF ECONOMIC ADMINISTRATION AND
FOREIGN ECONOM3C ADMSNISTRATION
Frank Coe, Assistant to the Executive Director of the Board of Economic
Administration.
Laughlin Currie, Deputy Administrator of the Foreign Economic Administration.
(Later an administrative assistant to the President of the United States.)
Bela Gold Philip Keeney
Michael Greenberg Nathan Gregory Silvermaster
Irving Kaplan Allan Rosenberg
Mary J. Keeney Julian AVadleigh
FEDERAL EMERGENCY RELIEF ADMINISTRATION
David Weintraub, Assistant to Harry Hopkins, the Director.
174
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Benjamin Wermiel
CIVIL SERVICE COMMISSION
Irving Schiller
NATIONAL ARCHIVES
Irving Schiller
OFFICE OF EDUCATION
Alice Prentiss Barrows
CO-ORDINATOR OF INTER-AMERICAN AFFAIRS
Robert T. Miller, Head of Political Research.
Joseph Gregg William Park
Irving Goldman Bernard Redmont
CO-ORDINATOR OF INFORMATION
Julia Older Blazer
UNITED STATES RAILROAD RETIREMENT BOARD
George Silverman
WHITE HOUSE
Laughlin Currie, Administrative Assistant to President Roosevelt.
Joseph Barnes
Julia Blazer
OFFICE OF WAR INFORMATION
Adam Tarn
OFFICES OF STRATEGIC SERVICES
Lt. Col. Duncan Chaplin Lee, Legal Ad-
visor to the Commander of the O.S.S.,
Major Gen. William J. Donovan.
Maurice Halperin, Head of the Latin-
American Division. Jack Sargeant
Harris, Head of Military Intelligence
for South America.
Carl Aldo Marzani, Deputy Chief of the
Presentation Division. Leonard Mins,
assigned to the collection and analysis
of information on Soviet Russia.
George Vuchinich, (also spelled Vuci-
nich) formerly with the Abraham
Lincoln Brigade and who worked
with Tito during World War 11.
John K. Fairbank, China Division.
Helen Teuney, Spanish Division.
J. Julius Joseph, Japanese Division.
Milton Wolff, former Commanding Of-
ficer of the Abraham Lincoln Brigade.
Leo Drozdoff
Irving Fajans
Irving Goldman
Paul Martineau
Philip Keeney
Donald Niven Wheeler
David Zablodowsky
Helen Kagen
Charles Kramer
Victor Perlo
Jacob Grauman
Irving Kaplan
Edward Fitzgerald
Harold Glasser
Stanley Graze
Jacob Grauman
Irving Kaplan
OFFICE OF PRICE ADMINISTRATION
William Remington
Doxie Wilkerson
OFFICE OF WAR MOBILIZATION
Harry Magdoff
WAR PRODUCTION BOARD
Harry Magdoff
Victor Perlo
William Remington
Alfred Van Tassel
David Weintraub
OFFICE OF SURPLUS PROPERTY
Nathan Gregory Silvermaster
UN-AMERICAN ACTIVITIES IN CALIFORNIA
175
Alger Hiss
John Abt
Charles Flato
CONGRESSIONAL INVESTIGATIVE COMMITTEES
Senate Committee to Investigate Munitions Industry
Charles Kramer
Allan Rosenberg
Harry Collins, Jr.
Charles Flato
Subcommittee on Civil Liberties of the Senate
Committee on Education and Labor
Sonya Cokl
Herbert Schimmcl
Select Committee on Interstate Migration of Destitute Citi?.ens
Frederick Palmer Weber Harry IMagdoff
Henry Collins, Jr. Alfred Van Tassel
Special Committee to Study Problems of American Small Business
Henry Collins, Jr. Charles Kramer
Subcommittee on Technological Mobilization of the
Senate Military Affairs Committee
Frederick Palmer Weber Charles Kramer
Senate Subcommittee on Wartime Health and Education of the
Senate Committee on Education and Labor
Frederick Palmer Weber
UNITED STATES NAVY
Naval Bureau of Ordnance
Max Eltcher and Morton Sobell, together with eight to ten other members, dis-
closed during the Rosenberg Atomic Bomb espionage case.
Record Management Section of the Navy
Irving Schiller
Emmanuel Larsen
Philip Keeney
Andrew Grajdanzev
OfHce of Naval intelligence
Andrew Roth
UNITED STATES MARINE CORPS
Brig. Gen. Evans F. Carlson
UNITED STATES ARMY
(SCAP} Military Government in Japan
T. A. Bisson
OMGUS (Military Government in Postwar Germany)
Major Henry Collins, Jr.
Air Corps
George Silverman, Economic Advisor William Ludwig Ullman, Materiel &
and Chief of Analysis and Plans, Ma- Service Section, Pentagon Washing-
teriel and Service, Pentagon, Wash- ton, D. C.
ington, D. C.
Signal Corps
Signal Corps In- Julius Rosenberg, Signal Corps In-
spector
Sidney Glassman,
spector
Herman Landeau
Aberdeen Proving Grounds
Vincent Reno
MILITARY INTELLIGENCE
Psychological Warfare Division
Peter Rhodes
176
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Troop Information and Education
Sgt. Luke Wilson
Lt. Col. Julius Schreiber, Psychiatrist.
Lt. S. M. Fischer, former reporter on
the San Francisco Chronicle who ad-
mitted he was a Communist Party
member while a student at Columbia
University in 1940, and thereafter
until he entered the Army in 1941,
when he testified he dropped out of
active Communist Party work.
Karl Fenichel, who also testified that
he dropped out of the Party when he
joined the Army.*
Simon W Gerson, Legislative Director
of the Communist Party of New
York.
Sgt. William Gandall, former member
of the Abraham Lincoln Brigade,
trained by Soviet Military Officials.
UNITED NATIONS
The following employees of the United Nations have invoked the
Fifth Amendment against self-incrimination when questioned under
oath about their Communist affiliations and activities :
Alfred Abel
Frank Carter Bancroft
Julia Older Blazer
Frank Coe
Ruth E. Crawford
Leo M. DrozdofE
Dorothy Hope Tisdale Eldridge
Leon Elveson
Eda Glaser
Sidney Glassman
Joel Gordon
Stanley Graze
Jack Sargeant Harris
Harry Ober
Jerome A. Oberwager
Jane M. Reed
Irving T. Schiller
Herbert Schimmel
Alexander H. Svenchansky
Alfred Van Tassel
Eugene Wallach
Benjamine P. Wermiel
Herman Zap
Marjorie Zap
Jacob Grauman
Sonia Gruen
Helen Kagen
Note : When this list of United Nations employees was brought to the attention of
former Secretary General of the United Nations, Trygve Lie, they were shortly
discharged.
W'e wish to emphasize that this list Is partial and contains only some of the
names of Individuals who were engaged In pro-Communist activities. Invoked
the Fifth Amendment when aslved about their .subversive affiliations, were identi-
fied as Communist Party members, or as collaborators with Soviet agents or
American Communists. The list was compiled as part of a valuable work by
Ronald "V^^ Hunter, a recognized expert in the counter-subversive field who has
had practical exeprlence as a government agent, and whose work is entitled,
Russian Conspiracy in the Uiiited States, a History of Domestic Commnnism.
The work Is thoroughly documented, and the listings are corroborated by official
documents which are in the public realm. None of the material in Mr. Hunter's
work is classified and the commercial reproduction of any of its contents is pro-
tected by common law copyright.
For those who wish to pursue the study of underground operations
of the Communist Party in more detail, we refer them to our report
on the International Federation of Architects, Engineers, Chemists and
Technicians, Berkeley Chapter, that acted as a cover for scientific
espionage in connection with atomic bomb research during the early
forties, and to the testimony of the late Paul Crouch, who headed the
special section of the Communist Party in Berkeley and Oakland, the
membership of which was comprised of research scientists and nuclear
physicists. We trust that this exposition will convince the reader that
• Evidence produced before a wide variety of ofliclal investigative agencies has estab-
lished that the uniform Communist Party practice was to automatically expel
all persons when they joined the Armed Forces and to automatically reinstate
them when they were discharged and returned to private life. The Individuals
mentioned under this section all testified that they followed this procedure, but
refused to do anything but invoke the Fifth Amendment when questioned the
period of their active Communist Party activity. They were, to all intents and
purposes, assigned to underground activity during the period of their service in
the Armed Forces.
UN-AMERICAN ACTIVITIES IN CALIFORNIA 177
there is much more to the Communist menace than a lot of imbalanced
individuals v^^ho plod along the picket lines and dabble in Marxism.
In June, 1947, J. Edgar Hoover, Director of the Federal Bureau of
Investigation, summarized the distinction between Communist mem-
bers of the open or above-ground organization and members of the
underground and described fellow travelers and the amoral character
of the party in general in an article which originally appeared in News-
week on June 9, 1947, and was reproduced in Case and Comment, the
lawyers' magazine, November-December, 1947, page 21. He said:
"Our surest weapon is truth. The Communists cannot endure
the searching gaze of public observation. Their most effective work
is carried on under a cloak of secrecy. Lies and deceit are their
principal tools. No trick is too low for them. They are masters of
the type of evasion advocated by that great God of Communism,
Lenin, who observed : ' Eevolutionaries who are unable to combine
illegal forms of struggle with every form of legal struggle are very
bad revolutionaries.'
* * * The known, card-carrying * Communists are not our
sole menace. The individual whose name does not appear on party
rolls but who does the party's dirty work, who acts as an apologist
for the party and who rises in its defense and spearheads its cam-
paign in the numerous fronts, is a greater menace. These are the
'Communist sympathizers,' 'fellow traveler,' and 'Communist
stooges.' To prove their evil intent is at times difficult but they
brand themselves by shifting and turning as the party line changes
to meet new situations. Whether they be innocent, gullible, or
willful, makes little difference, ])ecause they further the cause of
communism and weaken our American democracy.
The Communists are now carrying on a vigorous campaign to
bring their total membership in the United States up to 100,000.
This figure, however, does not reveal their actual strength. Con-
servatively, there are an estimated 1,000,000 others who in one
way or another aid the Communist Party.
* * * We cannot hope successfully to meet the Communist
menace unless there is a wide knowledge and understanding of
its aims and designs.
* * * If there were to be a slogan in the fight against Com-
munism it should convey this thought : Uncover, expose and spot-
light their activities. Once this is done, the American people will
do the rest — quarantine them from effectively weakening our
Country." t
* The Communist Party ceased issuing membership books or cards in December, 1947.
t Mr. Hoover amplified these matters and brought a description of Communism In
the United States down to date in liis recently published book, Masters of Deceit :
The Story of Communism in America and How to Fight It, by J. Edgar Hoover.
Henry Holt & Co.. New York, 1958.
178 UN-AMERICAN ACTIVITIES IN CALIFORNIA
CURRENT COMMUNIST TECHNIQUES
The present activities of the Communist Party in California, the
current party line, the character of the physical organization of the
party apparatus may all be attributed to the CA^ents that occurred in
1956. The j^ears 1939 and 1941 were also critical in the world Com-
munist movement, because they produced not only profound changes
in the international Communist Party line but a complete reversal of
Communist thinking almost overnight. Prior to August, 1939, the Com-
munists had been taught to hate Hitler and everything he represented.
For years they had espoused the cause of racial minority groups the
world over- — hypocritically, but nevertheless vociferously. Thej^ had
deplored Fascism, and Hitler not only provided much grist for the
Communist propaganda machinery by his repression of the Jewish
minority in that country, but his ruthless and brutal reign through
the instrumentality of the Gestapo and his role as an arch Fascist
and threat to world peace and security had been used in Communist
propaganda publications ever since he was released from Landsberg
prison. Then, in August, 1939, and without previous warning. Hitler
and Stalin signed a non-aggression pact. The stunned Communist
Parties throughout the world dutifully changed their propaganda line,
but their confidence was undeniably shaken. From the time the non-
aggression pact became effective until it was violated on June 22, 1941,
the line was at least a toleration of the Hitler regime. Then, after June
22, 1941, the international line was to hate Hitler again but with far
greater venom than ever before because he had now attacked the father-
land of the world Communist movement. In 1956, the Kremlin again
paralyzed the thinking and the propaganda viewpoint of the Com-
munist Parties of the world when Elhrushchev made his "secret"
speech in February, 1956, and ripped to shreds the reputation of the
dead Stalin.
We have previously described Stalin and the role he played in the
Communist revolution of 1917, his rise to power, and the method by
which he managed to get himself deified throughout the country that
he ruled with all of the tyrannical attributes of Peter the Great.
Statues and pictures of Stalin appeared in all public places ; the history
books were filled with outrageous distortions for the purpose of sub-
limating him as the brains of the revolution, the leader of the Red
x\rmy, the originator of all diplomatic strategy, the architect of the
world Communist movement, the omniscient leader — in short, super-
human attributes were ascribed to this man who launched the most
horrible blood purges from 1935 to 1939 that the world had ever seen,
and whose obsessive vanity and lust for absolute power turned him
into the warped and tyrannical figure that American anti- Communists
had proclaimed him to be almost from the time he came to power by
undermining all his real or fancied opponents and climbing over their
dead bodies until he became the absolute master of the Russian Com-
munist Party, the head of its secret police, and therefore the master of
UN-AMERICAN ACTIVITIES IN CALIFORNIA 179
the Soviet Union and of world Communism. Thousands of deluded
fellow travelers who persistently clung to the front organizations that
flourished during the period of the first United Front, and, indeed,
thereafter until a few years ago, angrily retorted that all of these
attacks on the Soviet leader were capitalist propaganda, the product
of misinformation and downright lies. So accustomed had the Com-
munist propaganda machinery in this country become to extolling the
virtues of Stalin and lambasting his critics that it became almost
automatic for all Communists and their supporters to praise everything
Stalin did, and to brand every critical remark against him as an
outrageous falsehood.
This, then, was the situation that had existed for a period of almost
30 years when, with the Khrushchev speech of February, 1956, came
another shattering blow that stunned the Communists of all countries,
but particularly in the United States, France and Italy. Khrushchev
proclaimed that Stalin had been a megalomaniac butcher, a figure
who scorned the protection of civil liberties, gloried in unleashing
naked terror, and that he was, in short, all of the unpleasant things
the anti- Communist critics had said he was during all of these years.
The effect of this speech was to brand as utterly unreliable all of
the Communist propagandists and fellow travelers throughout the
world, to highlight their complete hypocrisy, to completely clinch the
assertion that in Communism the end justifies the means, and — this
was perhaps most astonishing of all — it necessarily included a tacit
admission that in his acts of butchery and insensate brutality, Stalin
had been aided and abetted by the members of the Communist Polit-
buro who now attacked him, including Khrushchev, the butcher of the
Ukraine, Mikoyan, the apostle of terror, and every other Soviet leader
who participated in these activities over so long a period.
Khrushchev, at the same time, declared that the time had come to
ease the tensions for which Stalin had been responsible. "Writers should
be permitted to publish their real beliefs; criticism against the Soviet
regime should be encouraged; in foreign countries the Communist
Parties should be allowed to proceed toward their respective goals in
conformity with the peculiar situations of their several environments,
instead of slavishly following the dogmatism of an inflexible set of
rules that had hampered the individual development of these parties
instead of having encouraged it. Obviously, these relaxations of the
old repressions were made because the new leaders in the Kremlin
sensed that the death of Stalin had symbolized a firming up of the
smoldering resentment of the Russian masses against regimentation,
discipline, brutality, and terrorism that they had been compelled to
endure since the Communists came to power. The old methods of the
Soviet Secret Police would no longer work, rumblings of counter-
revolution had been heard among the intelligentsia of the country
and had seeped down into the working masses. Some of the Kremlin
leaders were old Bolsheviks who had gone through the revolution of
180 UN-AMERICAN ACTIVITIES IN CALIFORNIA
1917, and they remembered how the oppressive measures of the Tsar
had been endured for many years, until finally a spark of revolution
was started, quickly gathered strength and electrified the entire
country until almost as one man the people rose and toppled over the
decaying regime.
Counter-revolution has always been the one thing that the Kremlin
leaders fear above all others, hence the maintenance of the Soviet
Secret Police as an instrument of terror to be used by the Communist
minority to subjugate the masses of the people, hence the one-party
control of the means of communication and transportation, to say
nothing of the instrumentalities of education, the labor unions, and
all of the other vital institutions in the country. And this, as we have
said, was the reason for the effort to relax the Stalinist repression and
give the people some new freedoms in order to avert a counter-revolu-
tion.
Then came the books by Dudintsev and Djilas. Then came the sharp-
ening of the breach between Tito and Khrushchev. Then came the re-
volts in Poland and Hungary, where the smoldering embers of resist-
ance burst into flame and the same Mikoyan who recently came to
spread light and sweetness in consonance with the appeasement line of
the Soviet Union toward the United States, was sent into Hungary,
backed up by the armored might of Russia, and ruthlessly mowed down
the citizens of that country as though his dead master, Stalin, were per-
sonally directing the affair. Mikoj-an had learned his lesson well, be-
cause he assured the Hungarian leader of safety, persuaded him to come
to start peaceful negotiations, and when the Hungarian arrived he was
immediately liquidated.
China was not immune from the stirring of the masses of oppressed
people in resentment against the iron regime which ground them into
obedience, and mowed them down in a bath of blood. They were en-
couraged to criticize the Chinese Communist regime, the move by Mao
Tse-tung being alluded to as the ' ' policy of the hundred flowers, ' ' but
when some of these flowers presumed to stick their heads above the
others and take advantage of the invitation to express their disagree-
ment with some of the policies of the Red Chinese regime, they were
summarily extinguished.
All of these matters plaj-ed their part in driving wedges of doubt
and dissidence deep into the hearts of many of the Communist Parties
of the world. Italy, where the party enjoyed more members than any
foreign party in the world — that is any party organization outside of
the Soviet Union — immediately experienced a pronounced decline in
membership. To a lesser degree the same thing was true in France. In
the United States the party was divided into cliques and splinters of
party leaders in angry disagreement. John Gates, the former editor of
the Daily Worker of New York, resigned in disgust and disillusionment
when he was unable to persuade his comrades that the party organiza-
tion in this country had outlived its usefulness and should be dis-
UN-AMERICAN ACTIVITIES IN CALIFORNIA 181
banded. He resigned, but his resignation is too recent to enable him to
completely break the Red cord that, while somewhat frazzled and tenu-
ous, nevertheless still binds him to the Communist cause. It caused the
resignation of Howard Fast, the darling of the American Communist
cultural set, whose books contained effective party propaganda and who
was hailed and praised uniformly in Communist circles until the time
of his defection, when the same voices that sang his praises the day
before now arose in a strident and angry chorus of criticism and abuse.
Why do \Ye place so much emphasis on these events? We do so be-
cause it is necessary to understand them in order to appreciate what
has happened in our own state as a result of these things that occurred
in countries thousands of miles away. It serves to emphasize the fact
that Communism is inevitably and innately an international movement,
and that nothing can happen of any consequence in any Communist
country, especially the Soviet Union, without producing an immediate
reaction in the United States on the part of every fragment of the
party organization. We heretofore stated that in the Communist book-
store in Los Angeles we were recently able to purchase the books by
Dudintsev and Djilas and Boris Pasternak. These are actually anti-
Communist works, and the fact they are now being sold in the Com-
munist book store in the City of Los Angeles is indeed a startling
development. It points up the fact that in the International Book
Store in San Francisco none of these books are to be found, the Com-
munists in the north being more dogmatic and loyal to such national
leaders as Foster and Dennis, while the Communists in the southern
part of the State have become increasingly independent of that
leadership.
The answer to this situation is to be found in the fact that the leader
of the Southern California division of the Communist Party is Dorothy
Healey. She first appeared before our committee when she was a field
examiner in the State Department of Labor in December, 1941. Several
times married to Communist functionaries, and now the wife of Philip
M. Connelly, Dorothy Healey in 1941 was a pert, vivacious, attractive,
but completely indoctrinated Communist. She came into state employ
during the penetration of our government by Communists who flocked
into their positions during the late thirties, and particularly as a result
of the election of 1938. Dorothy Healey was typical of scores of under-
cover party members who managed to entrench themselves deep in the
heart of our State Government.
Participating in strikes, lending her considerable organizational
talents to the creation and operation of front organizations, directing
the preparation and distribution of propaganda, Dorothy Healey
rapidly rose in the ranks of the Communist Party until finally she
emerged as a member of its National Committee and the head of the
organization for all of Southern California. But Dorothy Healey was
also caught up in the developments of 1956. We should say at
this juncture that many of the party members who either defected
182 UN-AMERICAN ACTIVITIES IN CALIFORNIA
iu 1956 or shortly thereafter, or who veered sharply to the right and
attacked their superiors who still clung to the old dogmatic Communist
ideas, had gradually been going through a process of disillusionment
for a great many years. In many cases this occurred unconsciously,
but people with any semblance of judgment can hardly justify a long
period of complete contradictions in the Communist Party line, and
find their ideals and beliefs blasted overnight without realizing that
no one single thing has actually caused them to leave the movement.
So when the events of 1956 occurred, for many individuals it was
simply the final nudge necessary to complete disillusionment and a
break with the party. Some individuals, of course, left the movement
completely. Some remained true to Marxism, but left the party organi-
zation for one reason or another. Others remained in the party and
fought to put over their own relatively conservative ideas against the
stubborn party leadership represented by William Z. Foster. Dorothy
Healey belonged to the latter group. Her battle with Foster was vicious
and heated. It boiled over into the pages of Political Affairs and threw
the southern California party organization into a turmoil. This is
the reason for the presence of the anti-Communist books iu the Progres-
sive Book Store on West Seventh Street, and it also underscores the
contrast between this propaganda outlet and the store in San Francisco
where no such literature is to be found. In both stores Communist
books and other materials are on sale, but in Los Angeles the party
member can buy literature on both sides of the question. At 1408
Market Street in San Francisco, no such choice is available.
We have it on very good authority, which we are unable to disclose
for public scrutiny, that Dorothy Healey is in very bad graces with
the Communist high command, and that she will either be brought
back into the path of strict obedience and rectitude or compelled to
leave the party. In the meantime, efforts have been made to restore
discipline among the rank and file membership in Los Angeles, and
this effort has met with considerable success.
We sincerely hope that by describing the troubles that are besetting
the Communists in the United States, and especially in the southern
district of California, that we do not convey the impression that the
party has suddenly become weak and impotent. On the contrary, the
dedicated nucleus of party members who remain active, together with
the greatly expanded underground organization, comprises those indi-
viduals who have weathered all the storms of contortion in the party
line, are more firmly dedicated to their cause than ever before, and
who are now operating an organization that has rid itself of the
weaklings and the expendables. The party has activated its sleeper
apparatus, and the greatest weapon it now possesses is the unfortunate
apathetic attitude of many American citizens who have deluded them-
selves into thinking that the trouble from internal subversion is ended.
Members of this committee, together with such eminent authorities
as J. Edgar Hoover, the Attorney General of the United States, the
UN-AMERICAN ACTIVITIES IN CALIFORNIA 183
head of the Department of Justice's Division of Internal Security,
the members and staffs of the congressional committees and those of
the various state committees, undercover agents of the F. B. I., experts
who have published books on the subject such as the Overstreets,
Eugene Lyons, Elizabeth Dentley, Louis Budenz, Whittaker Chambers,
Hede Massing, Benjamin Gitlow, Howard Fast, Boris Morros, Robert
Morris — and too many others to list here, are unanimous in their
estimate that the Conniiunist Party in this country is now a more
challenging menace than ever before. We must always remember that
the American party is simply an organization of Soviet agents operat-
ing in this nation to accelerate our destruction. So successful has been
the technique of internal subversion, not only here but throughout
the free world, that subversion by force has largely been discontinued
by the international Communist movement.
" * * * dependence of the Communists on direct armed ag-
gression has in recent years been lessened. The emphasis today
is on indirect aggression. That type of aggression places a much
heavier reliance than heretofore on subversion and espionage and
on all forms of political education and political propaganda.
The principal instrument of the Soviet Communist for carry-
ing on these tactics of subversion and political agitation abroad
is, of course, the apparatus of the international Communist con-
spiracy. ' ' ^^
And as Mr. Hoover stated in his book, Masters of Deceit, the retire-
ment of the Communist Party to previously prepared underground
positions and the liquidation of most of its front organizations, to-
gether with its cleverly contrived propaganda, has tended to convince
a great many American citizens that the party has all of a sudden
become too weak to constitute any serious threats.
Any person who doubts the design of the international Communist
movement to subvert and conquer us, has only to take the time to read
the authoritative Communist literature on the subject. It is not neces-
sary to use any sources except those of the highest Communist author-
ities, since their avowed and steadfast purpose has been expressed manj'
times in terms much more clear and emphatic than anything contained
in the writings of the late Adolf Hitler. As Nikita Krushchev recently
declared: "But of course we must realize that we cannot coexist eter-
nally. One of us must go to his grave. We do not want to go the grave.
They don't want to go to their graves, either. So what must be done?
We must push them to their graves. ' ' ^"
Dmitri Z. Manuilsky was a prominent functionary assigned by the
Communist Party of the Soviet Union to play a leading role in the
organization of the Comintern's far-flung international organization.
His statement about the inevitability of war between the Communist
and free worlds has been cited many times, and we have referred to it
»« Department of State bulletin, Dec. 1, 1958, pp. 880-881.
•^ Speech by Nikita S. Khrushchev, reported in American Mercury, Feb., 1959, p. 95.
184 UN-AMERICAN ACTIVITIES IN CALIFORNIA
in preceding reports. But the Manuilsky statement, because of his high
position in the Soviet hierarchy, and because of the tendency toward
apathy on the part of the American people today, is now more pertinent
than ever, Mr. Manuilsky was a presiding officer in the United Nation 's
Security Council in 1949. In 1931, he made a speech at the Lenin School
of Political Warfare, during which he said :
''War to the hilt between communism and capitalism is inevi-
table. Today, of course, we are not strong enough to attack. Our
time will come in 20 to 30 years. To win we shall need the element
of surprise. The bourgeoisie will have to be put to sleep. So we
shall begin launching the most spectacular peace movement on
record. There will be electrifying overtures and unheard of con-
cessions. The capitalist countries, stupid and decadent, will rejoice
to co-operate in their own destruction. They will leap at another
chance to be friends. As soon as their guard is down, we shall
smash them with our clenched fist. ' '
Petition for Communisf School
AVe have also mentioned the California Labor School in San Fran-
cisco as a Communist school which we exposed in the late forties. It
had been known as the Workers School, the Tom Mooney Labor School,
and the California Labor School. A hearing on behalf of the Subversive
Activities Control Board was held in San Francisco for the purpose of
deciding whether or not the institution w^as in fact controlled by the
Communist Party. The decision that it was so controlled was arrived
at after the taking of considerable testimony, and this conclusion was
sent to the Board in Washington. Immediately the party apparatus
began to solicit petitions, letters, telegrams, and all sorts of pressure
tactics by its fellow-travelers, party members and sympathizers, to-
gether with a smattering of gullible liberals, and in the process filed a
petition with the Subversive Activities Control Board asking, in eifect,
that this Red School be permitted to continue its operations. Signers
of this petition included : Dr. Frank Weymouth, Professor Emeritus of
Philosophy [sic] at Stanford University; Dr. Percy M. Dawson, Los
Altos; Harriet E. Eddy, Librarian Emeritus at the University of Cali-
fornia; Rev. Stephen H. Fritchman, Pastor of the First Unitarian
Church, Los Angeles; Mrs. Helen Freeland Gibb, Berkeley; Richard
Lynden, San Francisco ; Bishop Edward Lamb Parsons, San Francisco ;
Prof. Ira B. Cross, Berkeley ; Rockwell Kent, New York ; Rev. Harry F.
Ward, New Jersey; Dr. Jacob Auslander, New York; Prof. Robert
Morss Lovett, Chicago; Attorney Daniel G. Marshall, Los Angeles;
Prof. Albert Guerard, Stanford University ; Dr. C. L. Collins, Vallejo ;
Dr. Wilbur F. Swett, San Francisco ; Dr. Joseph Kaufman, San Fran-
cisco ; Mildred Rosenthal, San Francisco ; Dr. Mary A. Sarvis, Oakland ;
Rev. Dryden L. Phelps; Clarence M. and Harriet Vickland, Oakland;
UN-AMERICAN ACTIVITIES IN CALIFORNIA 185
Dr. Ann Maryin, Berkeley ; Rev. Clarence B. Aggriott, Berkeley ; Dr.
Ephraim Kahn, Berkeley; Prof. Bayard Qiiincy Morgan, Palo Alto;
Prof. C. Alvarez-Tostado, Palo Alto; Gertrude Lnehning, Palo Alto;
Prof. George H. Colliver, Stockton; D. Harding, Brisbane; Prof. Curtis
MacDougall, Evanston, 111. ; Prof. Karl De Schwienitz, Sr., Evanston,
111. ; Prof. Ambert W. Herre, Seattle ; Henry Wilcox, South Norwalk,
Connecticut ; Pauline Taylor, Youngstown, Ohio ; Dr. AV. E. B. DuBois,
Brooklyn, New York; Kumar Goshal, Brooklyn, New York; Herbert
Aptheker, Brooklyn, New York; William L. Patterson, Brooklyn, New
York ; Earl Robinson, Brooklyn, New York ; Rev. William H. Melish,
Brooklyn, New York; Elizabeth Moos, New York City; Robert W.
Dunn, New York City ; Prof. Henry Pratt Fairchild, New York City ;
Dorothy Brewster, New York City; Hugh Hardyman, La Crescenta,
California; Clinton D. Hollister, Santa Barbara; Morton Dimonstein,
artist; Ben Margolis, Attorney, Los Angeles; John T. McTerman, At-
torney, Los Angeles; Leo Branton, Jr., Attorney, Los Angeles; Mrs.
Charlotta Bass, Los Angeles; Dr. Joseph Hittelman, Los Angeles;
Rev. D. V. Kyle, Los Angeles; A. Soundel Becker, Los Angeles; Dr.
Sidney S. Cole, Los Angeles; Stanley Moffett, former Judge, South
Gate; Rev. Emerson G. Horgan, Long Beach, and Charles S. Litwin,
Long Beach,
We can anticipate no legitimate protest to the publication of these
names, since they were appended to a petition which was filed as a
public document with the Subversive Activities Control Board in Wash-
ington, and certainly the signers of the petition would hardly have
appended their signatures to the document unless they had known
something about the character of the California Labor School. It would
have been a very simple matter to review the testimony of the hearing
in San Francisco, together with a number of hearings and reports by
this committee, as well as other official agencies. Needless to say, all of
the agencies, together with the Subversive Activities Control Board ex-
aminers in San Francisco, agreed that the organization was completely
under Communist control. A cursory review of its genealogy would
suffice to establish that purpose. An examination of the cumulative
index covering this and previous reports will indicate that most of the
signers of this petition have been referred to on many occasions in our
reports.
Although the California Communists are still suffering from the
effects of internal warfare between the Stalinists and the extreme right
and left wings, the dissident groups have now been largely eliminated,
and the difficulties have largely been resolved. We see evidences of this
in the resumption of the old militant attitude, the tapering off of the
feud between Dorothy Healey Connelly and William Z. Foster and
their respective followers, in the renewed interest in the domestic
political situation, and an acceleration in recruiting and infiltration
of the two major targets: trade unions and educational institutions.
186 UN-AMERICAN ACTIVITIES IN CALIFORNIA
As J. Edgar Hoover remarked at a national convention of the American
Legion :
"* * * The F. B. I. investigations have shown that there is a
hard core of conspiratorial Reds unaffected by Party differences
and controlled by the heavy hand of Moscow. As long as this
undercover 'apparatus' exists, the Communist threat cannot be
brushed aside as trivial or fanciful. It is a continuing, aggressive
force constantly at work to suborn and subA^ert the American peo-
ple. * * * The influence of the subversive conspiracy has been
almost unbelievable — reaching deep into practically ever}^ walk
of life. To gauge the effectiveness of this campaign, we need only
to note the widespread and vociferous clamor raised whenever our
government attempts to deal firmly in self-defense against the sub-
versive threat.
Certain organizations obviously dedicate their efforts to
thwart the very concepts of security. They vehemently oppose
methods to gain this security and it is obvious that their aim is
to destroy it. They protest that they are fighting for freedom, but
in reality they seek license. They hypocritically bar Communists
from their membership, but they seem to hate all persons who
abhor Communists and Communism. They claim to be anti-Com-
munist but they launch attacks against Congressional legislation
to curb Communism. They distort and misrepresent and ridicule
the government's security program. They lobby and exert pressure
on the leaders of government both in the legislative and executive
branches. ' *
There is little need now for the Communists to use one of their own
front organizations, or to create a new one for the purpose of foment-
ing a protest march against one of the government's atomic research
establishments in order to highlight a desire to scrap our atomic de-
fense program. Such a march was led a year ago against the establish-
ment at Livermore. It originated in Palo Alto, gathered a group of
pacifists, peaee-at-auy-price enthusiasts, party liners and fellow travel-
ers, and this small but determined cavalcade took the road for Liver-
more under the leadership of Dr. Linus Pauling, who spends some of
his time in scientific research at Cal Tech, but who apparently devotes
most of his energies to attending Communist front meetings, following
the party line in general, and urging the discontinuance of our atomic
research for defensive purposes in particular. The Communist Party
has little need to mobilize its membership to throw picket lines around
premises that are being subjected to a Communist-supported strike be-
cause there are enough unions — most of them expelled from their par-
ent organization — that are Communist dominated to provide this sort
of manpower. There is little need for the Communist Party to finance
propaganda publications when a magazine like The Nation, or one
published in California like Frontier, will attack the F. B. I., support
the Communist fronts, editorialize sympathetically in behalf of wit-
UN-AMERICAN ACTIVITIES IN CALIFORNIA 187
nesses that appear before legislative committees, and generally parrot
the party line for nothing.
Party techniques have changed several times since this committee
was established in 1940. But, as we have pointed out many times, a
party member who remains completely inactive is of little use to the
movement, and the instant activity is started, then the anti-Communist
techniques that have been changed to meet the situation also become
effective. The accumulation of documentary information over a period
of almost 20 years provides information of inestimable value; con-
tinuous practical experience for that length of time is even more val-
uable, and new sources of information are being constantly developed.
With the defections that have been caused by the occurrences of 1956,
many disillusioned former Communists have come forward to volunteer
their information. But it must be remembered that the party foresaw
this sort of development as early as 1931, when Vassiliev issued his
famous lecture on security and underground organization. Since the
party reorganized itself several years ago on an underground basis,
no former member can describe the activities of any unit except that
to which he belongs. This information would entail the identities and
activities of a very few individuals, and since the front organizations —
with the exception of those that we have already described as still
active — have been cast aside, it is necessary to secure information from
a great many individuals in order to obtain an accurate picture of the
inside operations of the Communist apparatus from day to day. This
task, however difficult and challenging, is by no means impossible. And
if continued vigilance results in the elimination of a few subversive
individuals a year from positions where they could do injury to our
youth, utilize critical information for the benefit of the party, twist
the thinking and activities of divisions of our State Government to the
Communist Party line — then the effort is very much worthwhile. In-
deed, there is no other medium through which responsible public
officials can be kept reliably informed concerning these vital matters.
COMMUNISM AND THE LAW
The Supreme Court
No discussion of the fight against subversion can be complete without
an understanding of the recent decisions of the United States Supreme
Court — decisions that have provoked more comment than any since the
same court declared the National Recovery Act unconstitutional in
1935. Dealing with problems of Communist activity, this series of deci-
sions not only reflects a complete reversal of the high court's previous
attitude, but they will seriously hamper the efforts to deal adequately
with the constant challenge to our national security by subversive
forces.
It is highly pertinent that we discuss these decisions here and at
some length, and we do so for the reason that they directly affect con-
188 UN-AMERICAN ACTIVITIES IN CALIFORNIA
ditions in this state. One of the cases resulted in the reversal of a jury
conviction of California Communist leaders, and struck down the
weapons that had been legally used by the F.B.I, to put them behind
bars; another decision held that the California Legislature would
thenceforth be powerless to pass sedition laws for the protection of the
people within the borders of the state; a third opinion held that a
committee of the California State Bar had no business to inquire of an
applicant for the privilege of practicing law in this state whether or
not he was then a member of the Communist Party. The other decisions,
more than a dozen, all deal with problems of internal security and are
of as much if not more practical application in California as elsewhere
in the United States. "We wish to make it very plain that we do not
criticize the Supreme Court as an institution; we do not suggest, even
by implication, that its powers and prerogatives be changed. AYe do dis-
agree with the decisions in the field of internal security, and we know
of no rule or decision, as yet, which would deprive us of exercising that
right. It has been suggested that Congress pass legislation to whittle
down the high Court's jurisdiction. 'We wish to make it clear, again,
that we imph^ nothing of the sort in this portion of our report. We do
wish to present the facts fully, and for that purpose we will refer to
resolutions passed by the American Farm Bureau Federation, the Con-
ference of State Chief Justices from the several states, and the Ameri-
can Bar Association. We also have included statements by Dean Erwin
Griswold of Harvard Law School, and Louis C. Wymans, former Presi-
dent of the National Association of State Attorneys General.
The Communist Party of the United States was started at a Chicago
convention in 1919. It thereafter affiliated with the Communist Inter-
national and swore to be obedient to the mandates of the Kremlin. It
has since carried on a continual program of infiltration of our schools,
churches, cultural organizations, scientific projects and communications
media — and it has placed its agents deep in the heart of our govern-
ment. As federal and state legislative committees dug into Communist
activity and disclosed the techniques whereby liberal dupes were at-
tracted to front organizations, the people began to realize the nature of
the very imminent threat to our continued security. The Gouzenko,
Hiss, Remington, White, Ware, Wadleigh, Field, Silvermaster, Kramer,
Glasser, Oppenheimer, Fuchs, Rosenberg, Gold, Sobel and MacLean
cases, to name a very few, quickly dispel any doubt about the extent of
the infiltration. The arrest of Col. Rudolf Abel of the Soviet Secret
Police a few months ago should dispel any doubt about the present
danger.
As we have said, as these disclosures increased, so did the activities
of the F.B.I, and the legislative committees. Under the Smith Act
Communist leaders were convicted and imprisoned. Deprived of its
leadership, harried by the testimony of defectors and undercover opera-
tives, exposed by legislative committees, the Communist Party was, by
the middle of 1951, getting desperate. In August, 1951, the organ of the
UN-AMERICAN ACTIVITIES IN CALIFORNIA 189
National Committee of the Communist Party of the United States
declared :
"It is evident that there is growing alarm voiced among progres-
sives and in the labor movement, at the increasing onslaught
against the Bill of Rights. The struggle against the Smith Act is
today the link to the broadest anti-Fascist unity, around the dis-
senting opinions of Justices Black and Douglas. [Reference is to a
decision of the U. S. Supreme Court upholding the constitution-
ality of the Smith Act, in which Justices Black and Douglas wrote
a dissenting opinion.] The demand for a hearing by the Supreme
Court on the appeal of the eleven Communist leaders and the de-
fense of all others to be tried under the Smith Act are bound
together as one struggle, and must be the basis for an immediate
broad mass campaign to restore the Bill of Eights. (Committee's
italics.)
The American peoples' love of democracy and their will to
peace cannot be destroyed by McCarran Acts and Smith Acts.
The forces of democracy and peace in our country are possessed
of strength — a strength of which they must be made fully con-
scious. The full alerting to the conscious action of these forces in
the United States demands the vanguard role of the Communist
Party. In that role the Communist Party will continue to func-
tion— and no Hitler-like legislation and police state hounding can
halt it." (Committee's italics.)
In the September issue of the same publication this appeared :
"A rehearing must be demanded by a mobilization of everyone
who has ever spoken out on the Smith Act. This demand must he
heard decisively in Washington. (Committee's italics.) It is the
duty and responsibility of all progressive anti-Fascist, democratic
forces to join in this crusade to save the Bill of Rights. Regardless
of differences, it is the duty of the labor movement to unite against
this forerunner of the Taft-Hartley Law, which is an abominable
threat to the life of the labor movement today. We Communists,
who are post-June 6th victims of the Smith Act, are resolute in our
determination to expose the real conspirators against the historic
freedom of the American people — those who constitute an actual
clear and present danger to the freedom of our people, those who
would substitute a Smith Act for the Bill of Rights. "^^
There were other articles, most of them equally critical and defiant.®^
The declaration of war by the Communist Party against the Supreme
Court of the United States in an effort to bring about a change in the
judicial precedent that body had established, and to gain a breathing
spell for the subversives, appeared in Political Affairs in March, 1952,
6S "The Smith Act Strikes Again," by Elizabeth Gurley Flynn. Political Affairs, Aug-.,
1951, pp. 18 and 22.
89 "What the Supreme Court Unleashed," by Elizabeth Gurley Flynn, Political Affairs,
Sept., 1951, p. 28.
190 UN-AMERICAN ACTIVITIES IN CALIFORNIA
when a party official angrily denounced the court in an article com-
mencing on page 15, which was entitled, ' ' The Supreme Court Will Not
Have the Last "Word!" Here are some excerpts:
"The Supreme Court majority of Truman appointees has de-
clared war against the peace aspirations of the American people.
With flagrant arrogance it has provided the 'legal' framework for
further Fascist onslaughts on the most elementary democratic
rights of the people in a frenzied effort to intimidate into submis-
sion all opposition to the warmakers of Wall Street.
* * * Like the entire State apparatus of which it is a part,
the Supreme Court is an instrument of the ruling class, and its
decisions throughout the nation's history bear the imprint of that
relationship, as well as the general alignment of class forces pre-
vailing at each period * * *
These decisions make it compellingly clear that the Bill of
Rights is in the gravest danger in our history. They shout from
the housetops that the Supreme Court, far from being a defender
of the Constitution, serves to acelerate monopoly's drive against
Fascism and war.
But these decisions, drastic and sweeping as they are, cannot
be held proof of the inevitability of Fascism in the United States.
They prove quite simply that Americans cannot rely on the Su-
preme Court for the defense of the peoples' hard-gained rights
and liberties"
"The actions of the Supreme Court and its onslaughts on civil
liberties are directly associated with the bi-partisan war drive.
They are directly associated with a tax on labor and the Negro
people."
*******
* * * The Communist Party must redouble its efforts on two
fronts — on the one hand, to overcome passive or defeatist moves
that may have been instilled in the labor progressive movements
as a result of these new blows ; on the other hand, to use these
lessons to prove to the broad masses that their interests are vitally
affected * * * the Party can, in the development of these move-
ments, help give shape and form to the organization of a power-
ful peoples' and anti-Fascist coalition.
The Supreme Court will not have the last word. The people
must and will take up the challenge." (Committee's italics.)
Whether or not this Communist campaign, announced in such clear
and vehement terms, was successful, or whether it was pure coincidence
that resulted in the stream of new decisions by the court that were
eminently satisfactory to the party is an intriguing question. We know
that such a campaign as the party announced was in fact launched;
we know that the party's propaganda nationwide machinery was set
in motion, and that the entire strength of the organization was alerted
UN-AMERICAN ACTIVITIES IN CALIFORNIA 191
to bring pressure and influence to bear in strategic places. The party
Avas fighting for its very life, and this ambitious undertaking was for
the avowed purpose of bringing about a change in the type of Supreme
Court decisions that had so hampered the operation of the Communist
conspiracy. It needed softer laws and more freedom to continue the
work of subverting our government.
During the last week of June, 1957, the Communist propaganda
machinery began to hail the Supreme Court as the saviour of the
peoples' liberties. The praises swelled to ever mounting proportions
when decision after decision was rendered by the court — hamstringing
agencies of the government, and giving the Communists more freedom
from prosecution and exposure than they dared hope for. Completely
reversing the position it had adopted for years, this is what the Su-
preme Court did within the space of two years: (The following sum-
maries of the decisions are taken from the report of the American Bar
Association, Special Committee on Communist Tactics, Strategy and
Objectives, Ametican Opinion, Dec. 1958, page 31 et seq.)
1. Commmiisi, Party v. Subversive Activities Control Board. The
court refused to uphold or pass on the constitutionality of the
Subversive Activities Control Act of 1950, and delayed the effec-
tiveness of this act.
2. Pennsylvania v. Steve Nelson. The court held that it was unlawful
for Pennsylvania to prosecute a Pennsylvania Communist Party
leader under the sedition act of that state and indicated that the
antisedition laws of 42 states and of Alaska and Hawaii cannot be
enforced.
3. Yates v. United States. The court reversed two federal courts and
ruled that teaching and advocating forcible overthrow of our gov-
ernment, even ''with evil intent," was not punishable under the
Smith Act as long as it was ' ' divorced from any effort to instigate
action to that end, ' ' and ordered five Communist leaders freed and
new trials for another nine.
4. Cole v. Young. The court reversed two federal courts and held
that, although the Summary Suspension Act of 1950 gave the
federal government the right to dismiss employees "in the inter-
est of the national security in the United States," it was not in
the interest of the national security to dismiss an employee who
contributed funds and services to an undisputed subversive organ-
ization, unless that employee was in a "sensitive position."
5. Service v. Dulles. The court reversed two federal courts which had
refused to set aside the discharge of John Stewart Service by the
State Department. The F. B. I. had a recording of a conversation
between Service and the editor of the pro-Communist magazine
Amerasia in the latter 's hotel room, during which Service spoke
of military plans which were very secret. Earlier the F. B. I. had
192 UN-AMERICAN ACTIVITIES IN CALIFORNIA
found large numbers of secret and confidential State Department
documents in the Amerasm office. The lower courts had followed
the McCarran Amendment which gave the Secretary of State ab-
solute discretion to discharge any employee in the interest of the
security of the United States.
6. Slochower v. Board of Education, New York. The court reversed
the decisions of three New York courts and held that it was un-
constitutional to automatically discharge a teacher, in accordance
with the law of New York, because he took the Fifth Amendment
when asked about Communist activity. On his petition for rehear-
ing, the court admitted that its opinion was in error in stating
that Slochower was not aware that his claim of the Fifth Amend-
ment was ipso facto result in his discharge ; however, the court
denied rehearing.
7. Sweezy v. New Hampshire. The court reversed the New Hamp-
shire Supreme Court and held that the Attorney General of New
Hampshire was without authority to question Prof. Sweezy, a
lecturer at the state university, concerning a lecture and other
suspected subversive activities. Questions which the court said
that Sweezy properly refused to answer included: "Did you ad-
vocate Marxism at that time?" And "Do you believe in Com-
munism ? ' '
8. United States v. Witkovicli. The court decided that, under the Im-
migration and Nationality Act of 1952, which provides that any
alien against whom there is a final order of deportation shall "give
information under oath as to his nationality, circumstances, habits,
associations, and activities, and such other information, whether
or not related to the foregoing, as the Attorney General may deem
fit and proper," the Attorney General did not have the right to
ask Witkovieh: "Since the order of deportation was entered in
your case on June 25, 1953, have you attended any meetings of
the Communist Party of the U. S. A.?"
9. Schware v. Board of Examiners of New Mexico. The court re-
versed the decision of the New Mexico Board of Bar Examiners
and of the New Mexico Supreme Court which had said: "We
believe one who has knowingly given his loyalties to the Commu-
nist Party for six or seven years during a period of responsible
adulthood is a person of questionable character." The Supreme
Court ruled that "membership in the Communist Party during
the 1930 's cannot be said to raise substantial doubts about his
present good moral character."
10. Konigsherg v. State Bar of California. The court reversed the
decisions of the California Committee of Bar Examiners and of
the California Supreme Court, and held that it was unconstitu-
UN-AMERICAN ACTIVITIES IN CALIFORNIA 193
tional to deny a license to practice law to an applicant who refused
to answer this question put by the Bar Committee : ' ' Mr. Konigs-
berg, are you a Communist?" and a series of similar questions.
11. Jencks v. United States. The court reversed two federal courts
and held that Jencks, who was convicted of filing a false non-
Communist affidavit, must be given the contents of all confiden-
tial F. B. I. reports which were made by any government witness
in the case even though Jencks "restricted his motions to a re-
quest for production of the reports to the trial judge for the
judge's inspection and determination whether and to what extent
the report should be made available. ' '
12. Watkins v. United States. The court reversed the Federal District
Court and sis judges of the Court of Appeal of the District of
Columbia, and held that the House un-American Activities Com-
mittee could not require a witness who admitted "I freely co-
operated with the Communist Party," to name his Communist
associates, even though the witness did not invoke the Fifth
Amendment. The court said, "We remain unenlightened as to the
subject to which the questions asked petitioner were pertinent."
The court did not question the "power of the Congress to inquire
into and publicize corruption, maladministration or inefficiencies
of agencies of the government." The court did question the right
of Congress to inquire into and publicize Communism and sub-
version, and suggested that this "involves a broadscale intrusion
into the lives and affairs of private citizens. ' '
13. Ealey, Stern, & Brown v. Ohio. The court reversed the Ohio Su-
preme Court and lower courts to set aside the conviction of three
men who had refused to answer questions about Communist activ-
ities put to them by the Ohio un-American Commission.
14. Flaxer v. United States. The court reversed two federal courts and
set aside the conviction of Flaxer of contempt for refusing to pro-
duce records of alleged Communist activities subpoened by the Sen-
ate Internal Security Subcommittee.
15. Sacher v. United States. The court reversed two federal courts and
set aside the conviction of Sacher of contempt for refusing to tell
the Senate Internal Security Subcommittee whether he was "a
member of the lawyers ' section of the Communist Party. ' ' In the
second Sacher appeal, the court again reversed the Court of Ap-
peal and said that this question was not pertinent to the subcom-
mittee's investigation of Communist witness Matusow's recanta-
tion. The court refused to hear any argument from the govern-
ment lawyers representing this Senate subcommittee.
7— L-4361
194 UN-AMERICAN ACTIVITIES IN CALIFORNIA
16. Yates v. United States. In the second Yates appeal the conrt re-
versed two courts and held that the refusal of Communist Party
member Yates ''to answer eleven questions about Communist
membership of other persons" did not constitute eleven contempts.
In the third Yates appeal, the court reversed two federal courts
and held that Yates' contempt sentence of one year should be
reduced to the fifteen days already served for this offense.
17. Bonetti v. Rogers. The court reversed two federal courts and held
that, although the Internal Security Act of 1950 provides that any
alien, who "at any time" after entering the United States shall
have been a member of the Communist Party, is deportable,
Bonetti, who became a Communist after entering the United
States, was not deportable because he had re-entered after quitting
the party. The dissenting judges charged that this construction
reads "at any time" out of the act and the word "last" into the
Statute, and "cripples the effectiveness of the act."
18. Consul General for Yugoslavia v. Andrew Artukovic. The court
reversed two federal courts and held that Artukovic, an anti-
Communist refugee from Yugoslavia who was living with his wife
and children in California, could not claim political asjdum in the
United States but had to submit to an extradition hearing which
would be based on Yugoslavia 's political charges.
19. Rockwell Kent v. Dulles. The court reversed two federal courts
and held that the State Department could not require every appli-
cant for a passport to file a non-Communist affidavit.
20. Dayton v. Dulles. The court reversed two federal courts and held
that the State Department had to give a passport to a research
physicist whose passport application to accept a job in India had
been denied for security reason. The Secretary of State had found
that Daj'ton had lived for eight months with a person who "was
involved in the espionage apparatus of Julius Kosenberg" and
that Dayton was going to work in India with another Communist
who "recently renounced his American citizenship."
Needless to say, the articles in Political Affairs assumed an entirely
different tone after these decisions had come rolling down from the
nation's highest legal tribunal.
One example of the enthusiasm with which the Communists have
taken advantage of this abrupt and complete reversal of judicial
precedent is to be seen in a recent editorial entitled, "Reds Now Travel
on Their Subversive Errands — by Supreme Court Decree!" The edi-
torial points out that during the 21st convention of the Communist
Party of the Soviet Union, held last February at Moscow, Khrushchev
completed his insulting and threatening remarks about the United
States, and after a similar speech by Marshal Malinovsky, Minister of
"War, an American citizen addressed the assemblage. He was James E.
UN-AMERICAN ACTIVITIES IN CALIFORNIA 195
Jackson, a representative of the Communist Party of the United States.
The editorial proceeds:
"How did Jackson get there? He got there openly and legally.
And so did other U. S. Communist leaders who went to Moscow at
the same time. These characters were present because the Supreme
Court ruled last June that the Secretary of State had no right to
Avithhold passports from members of the Communist Party.
Jackson had been convicted by a jury in a federal court as a
conspirator against the United States. Last August the Court of
Appeals reversed the conviction, on the grounds that the Supreme
Court in a similar case had freed several convicted California red
leaders. Thus Jackson was saved from prison.
Meanwhile the Supreme Court had issued its decision that the
Communists must not be denied passports. President Eisenhower
quickly sent a special message to Congress, urging legislation au-
thorizing the Secretary of State to withhold passports from the
supporters of communism. The bill was passed in the House, but
when it came to the Senate it got tied up in a jam of legislation
just before adjournment. So the Communist Party was free to send
Jackson to represent it at the convention of the Soviet Communist
Party.
Also present in Moscow was the best-known member of the C. P.
U. S. A., Paul Robeson. He, too, had received a passport after the
Supreme Court's decision. And who should show up in Moscow,
almost immediately after Jackson, but Harry Bridges, President
of the Communist-controlled International Longshoremens and
Warehousemens Union? Years ago a split decision of the Supreme
Court saved this Australian-born citizen from deportation.
A few days earlier, Khrushchev received Dr. W. E. B. DuBois,
91-year-old scholar, former professor and intellectual leader of the
pro-Kremlin forces among Negroes in the United States. Both
DuBois and his wife were identified long ago as members of the
Communist Party. Although not a member now, he makes no secret
of his devotion to the Communist regime. For years his efforts to
get a passport failed. Then came the Supreme Court decision — and
DuBois was free to go to Moscow. From Moscow, DuBois and his
wife flew to Peking, defying the State Department regulation that
United States passports are not valid for travel to Red China.
Another United States citizen in Moscow was George Morris,
labor editor of the Communist Party's misnamed paper, the
Worker, and member of the CP 's Labor Commission. After months
of delay, the State Department had unwillingly given him a pass-
port.
Meanwhile, Dr. Alpheus Hunton, another identified Com-
munist Party member, had gone to Africa. Hunton used to be the
Director of the Council on African Affairs, which Attorney General
Brownell called a Communist front.
196 UN-AMERICAN ACTIVITIES IN CALIFORNIA
The State Department has been forced to grant passports to
scores of important Communists and fellow travelers. The depart-
ment even felt obliged to give passports to a precious pair, one of
whom on a previous trip abroad made speeches charging the
United States with germ warfare ! "Who can cheek on what harm
such people do to the United States abroad? Congress should adopt
the bill that President Eisenhower urged last summer, unmistak-
ably authorizing the State Department to deny passports to Com-
munists and their 'willing instruments,' and to cancel every pass-
port now in such hands. ' ' "^^
While the Communists were naturally delighted with these decisions,
other segments of American life were not so pleased. The states were
expressing resentment at what they deemed the big brotherly attitude
of the court in substituting its own judgment for that of state agencies.
The Department of Justice and the F. B. I. expressed resentment be-
cause of the edict that threw open their secret files to the scrutiny of
the sort of lawyer who would defy state bar committees that inquired
about his subversive affiliations in determining his fitness to practice
law. School administrators were resentful because they were stripped
of their power to fire teachers who refused to answer questions about
their Communist activity. Administrators of the federal loyalty pro-
gram were resentful because they were shorn of their authority to fire
disloyal employees, no matter what sort of a job they held. Experience
had indicated clearly that a non-sensitive position in government today
might well become highly sensitive overnight.
Judging from the flood of editorials, magazine articles, resolutions,
newspaper items and commentaries, the public as a whole is also resent-
ful because the Communists were figuratively handed a license to pur-
sue their subversive activities almost without restriction, while the
agencies of the government — federal and state alike — charged with the
duty of coping with the problem, were loaded with new shackles and
new restrictions. On July 1, 1957, Life Magazine ran an editorial that
put the sentiments tersely:
'' * * * The Smith Act, the Congressional investigations, the
Hiss and Rosenberg cases, the loyalty procedures, the internal
security laws, are not only facts of life but wound stripes on an
older, tougher and wiser body politic.
Instead of earning its own stripes by wrestling with the same
problem, the court often displays the most lamentable virginity
about Communism. ' '
"When, a few months ago, the House of Delegates of the American
Bar Association adopted a resolution criticizing these decisions and
recommending that Congress pass legislation to rectify matters, an im-
mediate protest was heard from the Communists, their front organiza-
tions, and assorted liberals. They called the American Bar Association
™ Editorial, Saturday Evening Post, April 4, 1959, p. 10.
UN-AMERICAN ACTIVITIES IN CALIFORNIA 197
old fashioned, conservative to tlie point of reactionism, and shrugged
off the fact that the House of Delegates represented thousands of the
most able members of the legal profession in the United States.
We have never seen any publication calling attention to the fact that
the American Bar Association, although certainly the most persuasive
organization that lifted a voice of protest against these decisions, is by
no means the earliest or the only legal body that expressed such senti-
ments. On June 24, 1957, the President of the National Association of
State Attorneys General, represented by delegates at a Sun Valley,
Idaho, meeting declared that :
"The recent Supreme Court decisions have thrown the fight against
Communism for a 25-year loss." He received a standing ovation from
the assembled delegates.'''^
On August 20, 1958, the Tenth Annual Conference of State Chief
Justices, representing 48 states, Hawaii and Puerto Rico, met at Pasa-
dena. There they approved a report criticizing the decisions of the
Supreme Court in a resolution that declared:
ii * * * In the fields with which we are concerned, and as to
which we feel entitled to speak, the Supreme Court too often has
tended to adopt the role of policymaker without proper judicial
restraint. We feel this is partially the case in the extension of the
federal power and in the supervision of state action by the Supreme
Court by virtue of the Fourteenth Amendment. In the light of the
immense power of the Supreme Court and its practical nonreview-
ability in most instances, no more important obligation rests upon
it, in our view, than that of careful moderation in the exercise of
its policymaking role.
It has long been an American boast that we have a government
of laws and not of men. We believe that any study of recent de-
cisions of the Supreme Court will raise at least considerable doubt
as to the validity of that boast. ' '
Specifically mentioned in this report adopted at the meeting were
three decisions concerning Communism : NeUon v. Pennsylvania,
Sweezy v. New Hampshire, and Konigsierg v, California?^
Dean Erwin N. Griswold, of Harvard Law School, whom even the
members of the National Lawyers Guild could hardly term reactionary,
has criticized the court for basing its own opinions on grounds that
were far too broad, and offered the Watkins case of 1957, which has
effectively hampered Congress in its attempts to elicit information about
subversion, as an example of the court 's unwarranted generalizing of a
narrow issue.'^^
Not only lawyers and judges have raised their voices in protest
against this reversal of judicial precedent, but laymen as well. In De-
cember, the American Farm Bureau Federation held its fortieth annual
''^ Los Angeles Times, June 25, 1957.
■'^ Los Angeles Times, Aug. 21, 1958 ; Sept. 12, 1958.
''^National Review, Nov. 8, 1958, p. 292.
198 UN-AMERICAN ACTIVITIES IN CALIFORNIA
convention at Boston, Massachusetts, and passed a resolution which
provided :
"We are deeply concerned with respect with the tendency of the
United States Supreme Court to enact legislation b}^ judicial ac-
tion."
And the resolution recommended that :
"* * * Congressional action be taken prescribing the proper
limits of court jurisdiction and correcting or conforming legisla-
tion in those fields where the Supreme Court has invaded the legis-
lative field." '^
No informed person could possibly entertain the idea tliat the Su-
preme Court Justices are subversive, or that any of them are pro-Com-
munist. Earl Warren was appointed Chief Justice to fill the vacancy
created by the death of Fred Vinson in 1953. He assumed office imme-
diately, which brought a quick protest from certain professors of con-
stitutional law who pointed out quite accurately that his action was
somewhat premature, because he had neglected to wait until he was
confirmed by the Senate. Since the flood of controversial and liberal
decisions was commenced about the time Warren assumed office, there
has been much speculation in the press and magazines and on the part
of commentators about whether he was the ultra-liberal whose per-
suasiveness carried along the majority" of the court.
It happens that Earl Warren is probably the only Chief Justice of
the United States Supreme Court who, prior to assuming that position,
had been questioned by a committee on un-American Activities. We
referred to the occasion earlier. He appeared as a co-operative witness
before our committee in San Francisco when he was serving as the
State Attorney General on December 3, 1941. The circumstances were
these : The press had recently announced the release on parole of three
convicts who had been convicted by Warren when he was district attor-
ney in Oakland. They had been arrested and prosecuted for the murder
of an anti-Communist crusader named Alberts, and the Communist
press and the propaganda outlets were most solicitous in their behalf
and most uncomplimentary to Warren. He declared that at least two
of the men were Communists. Culbert Olson was Governor at the time,
and Warren charged him with playing politics by favoring the granting
of the parole. That action, said Warren, " * * * -^^-as nothing more nor
less than appeasement to the Communists for what he had done in sign-
ing the bill against them. ' ' Mr. Warren successfully opposed Olson in
the next gubernatorial election.
During his lengthy testimony before the committee. Warren ex-
pressed his attitude toward Communism and state committees on un-
American activities. He declared that such a committee could render
service by exposing subversive activities — a fact that is stressed here
only because he was to take the opposite view in one of the decisions
''*Los Angeles Times, Dec. 12, 1958.
UN-AMERICAN ACTWITIES IN CALIFORNIA 199
already referred to. Ilis attitude toward legislative committees must
have continued during his three terms as Governor, since he constantly
called upon this committee for the purpose of ascertaining whether any
of the persons he was considering for appointive positions had subver-
sive records.
His testimony against Communism was positive, clear, emphatic, and
unhesitating. To intimate that Chief Justice Warren is in any way sub-
versive is simply foolish.
The Law Clerks
It has been pointed out that there are 18 young clerks who assist the
justices in preparing their opinions.'^^ They are selected from leading
law schools on the basis of their outstanding scholarship. Their average
age is 27 years, and six of them have never passed the Bar examination.
None of them are subjected to a loyalty screening. Alger Hiss once
served as a law clerk to one of the Supreme Court Justices. These young
men submit their opinions concerning the law, prepare memoranda that
form the backbone of the ultimate decisions, discuss the theory of each
decision with their respective justices, and thus are obviously in a posi-
tion to exert a tremendous influence on the general tenor of the court
and its opinions.
Since the opinions of the Supreme Court are of such vital importance
to the nation, it would seem that these influential young men should
be required to have some experience in the practice of the law, and
should be picked for stability and balance and loyalty and common
sense — not simplj^ because they made high grades studying legal theory
in law school. Certainly they should be subjected to a loyalty screening
like the other federal employees. The extremely sensitive nature of their
jobs is amply demonstrated by the character of the decisions regarding
our Nation 's internal security that we have already discussed.
The article in U. S. News & World Report closes with this statement :
"It is openly acknowledged in Washington, however, that the
Supreme Court Justices lean heavily on the shoulders of their
young assistants. It is unlikely, say observers of the Federal Courts'
system, that the justices could wade through the 1,500 to 2,000
cases that confront them each term without benefit of the spade
work done for them by their clerks.
The question that is raised at this time, when the Supreme
Court is deploying its power in fields formerly controlled by other
branches of the government, is whether the influence of these young
law clerks — some of them as yet not even admitted to the Bar —
is reflected in court opinions. ' '
Whether or not these clerks have a record of documentable affiliation
with subversive organizations, it is manifest that if, while attending
college and law school, they were subjected to a subtle dissemination
'5 U. 8. News & World Report. July 12, 1957, p. 135.
200 UN-AMERICAN ACTIVITIES IN CALIFORNIA
of the party line, they could become infected to such an extent that
they would act as ideological Typhus Marys — but we do not accuse
any of these clerks with subversion, any more than such charges
should be leveled at members of the court. The Communists called
the court and everything attached to it a great many insulting things
when the tide of decision was flowing against them, and characteris-
tically reversed themselves at precisely the time the court began to
reverse its opinions. It is our purpose in this portion of the report to
simply point out the fact that a situation exists which should be
brought to the attention of all persons interested in combatting subver-
sion, and certainly to the members of the Legislature of this State where
some of these decisions originated. We wish to emphasize the fact that
the Communist Party of the United States did work to bring about
exactly this sort of judicial change.
It is also significant to note that at a Communist Party meeting held
in Seattle last year, spokesmen for the party who came from New
York to attend the affair declared that the party had, indeed, an-
nounced its intention to spearhead a national crusade to bring
about this change in the decisions that were causing it so much
oppression, and that the party then and there claimed full credit for
having been responsible for the recent stream of decisions that enabled
it to go about its business with more freedom than ever before. This
meeting was covered by at least three undercover informants, each of
them made sworn and independent statements, and the committee not
only has them in its files but also has a document giving us permission
to refer to them in this fashion.
The Commission on Government Security, in the report heretofore
mentioned, considered the problem of screening these law clerks, and
made the following recommendation:
"The judicial branch of the government should take effective
steps to insure that its employees are loyal and otherAvise suitable
from the standpoint of national security."
And the commission proceeded to give the rationale for its recom-
mendation, in part, as follows :
"It is fundamental that there should be no reasonable doubt
concerning the loyalty of any federal employee in any of the three
branches of the government. In a judicial branch, the possibility
of disloyal employees causing damage to the national security is
ever-present. As an example, federal judges, busy with the ever-
crowded court calendars, must rely upon assistance to prepare
briefing papers for them. False or biased information inadvertently
reflected in court opinions in crucial security, constitutional, gov-
ernmental or social issues of national importance could cause severe
effects to the nation's security and to our federal loyalty-security
system generally.
UN-AMERICAN ACTIVITIES IN CALIFORNIA 201
There appears to be no valid reason why an employee of the
judicial branch should not be screened, at least as to his basic
loyalty to the United States. Certainly the judiciary proper and
the public generally should have the assurance that the men and
women who carry the administrative responsibilities of tlic courts
or assist in the preparation of decisions arc loyal, dependable
Americans.
The Commission therefore recommends, as in the case of the
legislative branch, that the judicial branch and the executive
branch endeavor to work out a program under which adequate
investigation or screening can be provided for all judicial em-
ployees." "^^
The American Bar Association special committee that rendered the
report on which the Association's resolution was based, had this to
say about the present Communist menace :
"The phrase 'remember Pearl Harbor' should remind us that
we, people and leaders, were cocksure and complacent before the
afternoon of December 7, 1941. The F. B. I. had warned of fre-
quent messages from the Japanese Consulate at Hawaii to Tokyo
telling of the presence and absence of American warships at Pearl
Harbor. Dies Committee reports of Japanese espionage by fishing
vessels were ridiculed as headline hunting. Capt. Laurance Safford,
who was recently awarded $100,000 by a grateful Congress for his
World War II coding and decoding inventions, had decoded all
the Japanese pre-Pearl Harbor war messages for his superiors. Yet,
the attack came as a stunning surprise.
Most persons who are informed on Communism think our
country is now in greater danger than were the Titanic and Pearl
Harbor. The thesis of J. Edgar Hoover's new book, Blasters of De-
ceit, is: 'Communism is the major menace of our time. Today, it
threatens the very existence of our Western civilization.'
In his speech to the 1957 national convention of the American
Legion, Mr. Hoover warned : ' To dismiss lightly the existence of
the subversive threat in the United States is to deliberately to
commit national suicide. In some quarters we are surely doing
just that. '
On July 6, 1958, Prof. J. Sterling Livingston, a Pentagon
consultant, stated : ' The doctrine of pre-emptive war is definitely a
part of Soviet strategy. The Russian's plan as part of their strategy
to strike a forestalling nuclear blow against their enemies.'
The lav/yer-author of the Gaither report to the President on
national security recently told our Association: 'Our security is
in unprecedented peril * * * The ultimate objective of interna-
tional Communism is world domination, and the Soviet Union will
•""Report of Commission on Government Security, pursuant to Public Law 304, Eighty-
fourth Congress, as amended, June, 1957, pp. 106-107.
202 UN-AMERICAN ACTIVITIES IN CALIFORNIA
pursue this objective ruthlessly aud relentlessly, employing every
possible political, economic, subversive, and military strategy and
tactic'."
The Bar Association's special committee considered Communists in
the legal profession such a serious menace to the nation's security,
and so inconsistent with the standards of the profession that it has im-
plemented its convictions with positive action. The report declared :
"In accordance with the resolution of the House of Delegates
and authorization of the Board of Governors, our committee — on
the request of the State Attorney for its co-operation — applied
for and obtained permission to appear as amicus curiae in the
appeal pending in the Supreme Court of Florida from the order of
dismissal of the disciplinary proceedings against Leo Sheiner.
Leo Sheiner had twice previously been ordered disbarred by the
Circuit Court of Florida.
Our committee prepared and submitted a brief to the Supreme
Court of Florida stating its views on the duty of the Bar and of
the courts to cleanse its ranks of an unfit member. The committee
further stated its concepts of an acceptable standard of fitness for
attorneys and for the unfitness of any member of the Bar who, in
appropriate proceedings, persists in refusal to answer pertinent
questions concerning his activities in the Communist Party or Com-
munist-dominated fronts on the grounds that his answers to such
questions concerning his activities might tend to incriminate him.
It is inconceivable to us that an attorney and officer of the court
may continue in good standing while he pleads self-incrimination
in refusing to answer questions relating to subversive activities.
The brief pointed out that, in other walks of life, labor union
officials, teachers, government emploj-ees, and employees of private
industry, there had been set a standard under which the individual
might be safeguarded in invoking the Fifth Amendment to inquiries
which might tend to incriminate him, but by so doing he forfeits
his position of trust and responsibility. The Sheiner case is very
important to the Bar as other states having such problem attorneys
on their roles have been awaiting the final decision in this matter.
The appeal was argued before the Supreme Court of Florida on
February 8, 1958. Julius Applebaum, a member of our committee,
argued as amicus curiae for this association. On July 24, 1958, the
court issued an order on its own motion requesting argument on
September 5, 1958, and permitting supplemental briefs as to the
application of three decisions. * * * rendered by the United States
Supreme Court on June 30, 1958. Our committee is prepai-ing such
supplemental briefs in behalf of the association that will partici-
pate in the reargument. Our committee is willing to appear in simi-
lar cases upon direction of the House of Delegates or Board of
Governors." (Committee's italics.)
UN-AMERICAN ACTIVITIES IN CALIFORNIA 203
It is most interesting to note, by way of contrast, that the Supreme
Court of free Germany started to consider the legal status of the Com-
munist Party in that country about the same time as our Subversive
Activities Control Board did — each court taking evidence for a period
of about five years. As we have seen, our Supreme Court not only re-
versed the board when it decided against the Communist Party and
sent the matter back for more years of taking evidence, but has per-
sistently refused to rule on the constitutionality of the Act of 1950,
under which the board functions.
This is what the German Supreme Court held:
"The Communist Party of Germany is unconstitutional.
"The Communist Party of Germany will be dissolved.
"It is prohibited to establish substitute organizations for the
Communist Party of Germany or to continue existing organizations
as substitute organizations.
"The assets of the Communist Party of Germany will be con-
fiscated in favor of the Federal Republic of Germany for purposes
of the common weal. ' ' '^'^
Hancock v. Burns
On August 10, 1953, the committee held a closed hearing in the City
of San Francisco for the purposes of investigating the extent to which
the Pacific Gas & Electric Company had been infiltrated by Commu-
nists. Among the witnesses subpoened were Patrick Thomas Hancock,
Travis Lafferty, Joseph Chasin, and Holden Hayden. The press was not
admitted to the hearing, and each of the witnesses was represented by
counsel. When questioned about membership in the Communist Partj'
and activities as Communists, the defendants all invoked the privilege of
the Fifth Amendment and declined to testify on the ground that if
they gave truthful answers to these questions they would subject them-
selves to criminal prosecution.
Other witnesses were called during the course of the hearing, and
thereafter Senator Burns, as chairman of the committee, wrote a letter
to the Pacific Gas & Electric Companj'- in which he stated that the em-
ployees mentioned had invoked the Fifth Amendment and expressed his
opinion that employees of public utilities in general who invoked the
Fifth Amendment when questioned by official agencies under oath about
their subversive affiliations were bad security risks. Thereafter, on
August 14, 1953, after the committee had authorized the release of a
complete transcript of the hearing, the Pacific Gas & Electric Company
discharged the four employees mentioned.
On August 13, 1954, a matter of minutes before the statute of limita-
tions would have barred the right of the employees to file a suit, a
complaint was filed in the Superior Court of the State of California at
San Francisco against Senator Burns, Senator Nathan F. Coombs,
"Judgment of the Federal Constitutional Court, Aug. 17, 1956. Translation by the
Division of Language Service, U. S. Department of State.
204 UN-AMERICAN ACTIVITIES IN CALIFORNIA
the late Senator Earl D. Desmond, Senator John F. McCarthy and
Senator John F. Thompson, both individually and as members of the
committee, and against R. E. Combs, individually and in his capacity
as counsel for the committee. The complaint alleged all of the facts
heretofore stated, and proceeded to charge that all of the members of
the committee and its counsel had wrongfully conspired to persuade the
Pacific Gas & Electric Company to discharge the plaintiffs and asked for
damages in the sum of $218,333.
The San Francisco Superior Court ruled that the plaintiffs had no
case, and sustained a demurrer without leave to amend. An appeal was
then taken to the District Court of Appeals for the first Appellate Dis-
trict of California, where a written decision was rendered by a unani-
mous court in favor of the committee. The plaintiffs then appealed to
the State Supreme Court, and their appeal was rejected. Since the
rendering of our last report, time for an appeal to the Supreme Court
of the United States has elapsed and the case has ended.
It is to be noted that the attorney for the plaintiffs was also the
attorney for the American Civil Liberties Union of Northern Cali-
fornia, and was so designated on the complaint ; and after he resigned
from that position he was replaced by Attorney Albert M. Bendich,
staff counsel for the American Civil Liberties Union of Xorthern Cali-
fornia, and these attorneys were assisted by Rubin Tepper and Edward
F. Newman. The committee was represented by the Attorney General
of the State, then the Honorable Edmund G. Brown, through his Chief
Assistant, Clarence A. Linn, by the Legislative Counsel Bureau and
the San Francisco firm of Melvin, Faulkner, Sheehan & "Wiseman.
So important and practically^ valuable to all legislative committees
was the opinion rendered by the district court of appeal in our favor,
that we quote briefly from it as follows :
"While Senate Resolution No. 127 does not, nor could it, au-
thorize the commission of tortious acts, nevertheless it does estab-
lish a committee of the State Senate authorized to act as an official
adjunct of that body. Such committees are expressly authorized
by our State Constitution in Article IV, Section 37. Therefore,
by reading the resolution in conjunction with the complaint, it
becomes apparent that the conjunctive pleading of respondents'
status (as to respondents' having acted both as committee mem-
bers and as individuals in doing the acts here complained of)
must be grounded on reasoning that by going outside the legisla-
tive sphere the defendants were stripped of any legislative im-
munity and stand before the court as individuals.
This theory of the evaporative quality of legislative immunity,
by its very statement, discloses its own vice. If government, operat-
ing through the individuals who form it, is afforded immunity
from private suit only when its actions are beyond any question,
and loses that immunity upon mere allegation of improper motives
or unlawful acts in a complaint seeking damages, then those per-
UN-AMERICAN ACTIVITIES IN CALIFORNIA 205
sons who form government are subject to the threat of pei^sonal
liability in any matter in which their discretion is exercised.
The fact that a legislative committee erroneously exercised
powers, in a mistaken belief that it has such powers, would imme-
diately subject its members to the harrassment of litigation. What
would a logical extension of this rule lead to so far as the judiciary
is concerned? Would a judge who mistakenly assumed the juris-
diction in a proceeding be liable to personal suit by an agrieved
party litigant who merely alleged willfulness, wrongfulness and
malice? Would not such a rule require the examination of the
motives as well as the propriety of all governmental action by
our courts? We think so.
The basic principle of separation of power which is one of
the bases for our entire form of constitutional government would
be diluted to the point where the judicial branch, because of artful
allegations in a complaint, would be required to re-examine every
act of the executive and legislative branches which had an adverse
effect upon any individual.
Granting that the courts have the privilege and the duty of
protecting the personal civil rights of the citizens of this Country
from abuse, nevertheless, when the enforcement of such personal
civil rights results in an erosion of the government which alone
can guarantee such rights, the obligation to society as a whole
may dictate that the individual forego personal recovery for in-
juries suffered so that government may continue.
It has often been said that when elected officials so conduct
themselves as to indicate a lack of essential obligation to their
responsibilities, there are remedies available to the electorate
which can correct these abuses ; also the power of impeachment still
exists. 'The Constitution has left the performance of many duties
in our governmental scheme to depend upon the fidelity of the
executive and legislative action and, ultimately, on the vigilance
of the people in exercising their political rights.'
It will no doubt be argued that, by holding the action here
taken by the committee as within the protection afforded by legis-
lative immunity, the members of such a committee could commit
any tortious act by claiming it to be within the same rule. The
argument would, however, fail. Were the committee or its members
charged with the commission of some bodily injury inflicted on
another in the course of conducting their hearings, such acts could
not reasonably be urged to come within the immunity here stated,
as the mere recitation of the infliction of bodily harm is a state-
ment of an act which by no reasonable means could be encompassed
by the immunity.
The act here complained of was committed by the use of the
ordinary means adopted by such committees in reporting their
206 UN-AMERICAN ACTIVITIES IN CALIFORNIA
findings and conclusions : namely, the preparation and forwarding
of a written communication.
One of tlie basic foundations of our constitutional government
is to be found in the separation of powers. This doctrine has been
recognized as essential to a free form of government wherein
public officers may perform their duties untrammeled by fear of
sanction in the form of personal liability if it transpires that their
acts were unwise or based upon a misinterpretation of the law.
Much has been written, commencing with Montesquieu in the
Eighteenth Century, and continuing up to date, regarding the
necessity or advisability of continuing the doctrine of the separa-
tion of powers. It has been said, 'The problems of government
are complicated and difficult of solution. But must it not be ap-
parent to everyone, as we gaze into the future, that we cannot
hope to maintain the way of life which we call American without
exercising every effort to preserve to each branch of government
its proper sphere and the states and the union a due recognition
of their proper function. ' ^^
The rights here sought to be enforced are assuredly right to
which a citizen of this country is entitled unless, in the exercise
of those rights, the person committing the act is protected by some
privilege or immunitj^ * * *
In view of our holding that the action of respondents here
was protected by their legislative immunity * * * it is not neces-
sary to discuss the other points urged by appellants. The im-
munity appearing on the fact of the complaint, it would be useless
to allow amendments.
The judgment is affirmed. McMurray, Justice pro Tem; Peters,
Presiding Justice ; Bray, Justice. ' '
THE LIQUIDATORS
We have noted how the Communist Party found it necessary to
declare war on the Supreme Court of the United States and launch
a campaign to bring about a change in the type of decisions being
handed down by that tribunal. We also noted how the Communists
mounted the campaign and then claimed credit for the complete and
sudden reversal of the Supreme Court's opinions and the issuance of
a series of decisions that gave it more freedom than ever. Not content
with having brought about this amazing situation, for which the party
claims full credit, it is now engaged in an equally earnest and wide-
spread endeavor to liquidate the state and federal legislative commit-
tees on un-American activities and to further stifle the activities of
the Federal Bureau of Investigation.
™ The Doctrine of the Separation of Powers and Its Present Day Significance, by
Arthur T. Vanderbilt, p. 142.
UN-AMERICAN ACTIVITIES IN CALIFORNIA 207
In previous reports we have discussed in great detail the old cultural
front, the Arts, Sciences and Professions Council. We also gave resumes
of hearings involving its successor, the Citizens Committee to Preserve
American Freedom. "We have indicated hovs^ a great many of the lead-
ers of the old Arts, Sciences and Professions Council are now to be
found doing equally active work for the Citizens Committee to Pre-
serve American Freedom. This organization, largely confined to the
southern part of the state, although it has also been active to some
extent elsewhere, is loosely affiliated with the Emergency Civil Liber-
ties Committee, a nationwide organization established in 1957 for the
same general purposes. Frank Wilkinson, a graduate of the University
of California at Los Angeles, and formerly a top employee of the Los
Angeles City Housing Administration, is probably the most active
single figure in both organizations, being loaned back and forth between
the two as the exigencies of the situation may demand.
Wilkinson was first brought to the attention of this committee when
the former Attorney General of the State, now Governor Edmund G.
Brown, together with the Housing Authority, requested us to conduct
an investigation into alleged Communist infiltration, and which resulted
in a closed hearing and the discharge of several employees, including
Wilkinson,
It was also disclosed that Mrs. Wilkinson was employed as a teacher
by the Los Angeles City Board of Education, and this led to the
first of a series of hearings that ended with the discharge of more
teachers, paved the way for the passage of the so-called Dilworth Act,
and prompted the board of education to inaugurate a system by which
it could keep itself currently advised concerning the subversive back-
grounds of applicants for employment, both academic and adminis-
trative.
On the occasion of its last hearings concerning the Citizens Com-
mittee to Preserve American Freedom, and at hearings involving the
former Communist front, the Arts, Sciences and Professions Council,
the committee had intended to subpoena Dr. Murray Abowitz, who
had been prominent as a member of the Medical Division of the latter
organization. He appeared before the committee in Los Angeles on
June 9, 1958, represented by his attorney, Robert W. Kenny.
The witness admitted that he was chairman of the medical division
of the Arts, Sciences and Professions Council in 1952, and also re-
called having attended several meetings of the organization over a
period of several years, together with several meetings of the Citizens
Committee to Preserve American Freedom.
It will be recalled that the Arts, Sciences and Professions Council
was a Communist-controlled organization, described as such by several
official agencies, but that it had dissolved itself shortly before Dr.
Abowitz testified at the hearing in 1958. He had no hesitancy in testi-
fying about his activities in that organization, but promptly invoked
208 UN-AMERICAN ACTIVITIES IN CALIFORNIA
the Fifth Amendment when asked whether or not he was a Communist.
The following question was then put to him :
Q. (By Mr. Combs) : Is it not a fact that you joined the Com-
munist Party in Los Angeles in 1936, that you were attached to
the physicians branch of the 13th Congressional District Sec-
tion, that in 1938 your Communist membership book bore No.
78476, and that in 1939 your Communist membership book bore
No. 1205?
The Witness: I decline to answer to answer that, too, on the
same ground.
Q. Is it not also a fact that during the period of your member-
ship in the Communist Party, commencing in 1936 and extending
through 1939, you used the Communist Party name or alias of
Thomas Wilson?
A. I decline to answer that question also on the same grounds,
but I would also like to point out to you, Mr. Combs, that I wasn't
in California in 1938— '36.
Q. Where were you in 1936 ?
A. I was in medical school in Vienna, Austria.
Q. Would that prevent your having been assigned to the Com-
munist Party of Los Angeles County ?
A. I was just trying to help you with your records; I'm just
trying to be helpful.
Q. I am satisfied with it."
Dr. Abowitz admitted that he had attended meetings of the Civil
Rights Congress, which was described by the United States Attorney
General as a Communist front organization and by the witness as "a
fine, worthy organization that defended many civil rights cases. * * * "
The witness also stated that he had contributed to the Joint Anti-
Fascist Refugee Committee, that he held a membership in the Interna-
tional Workers Order — both Communist-controlled organizations^ — and
that he was on the Board of Directors of the Communist school in Los
Angeles, the California Labor School, in 1948, and was affiliated with
the American-Soviet Medical Society.
Dr. Abowitz has been identified as a member of the Communist Party
by several witnesses, probably the earliest one being a former employee
of this committee who declared under oath that she had known Dr.
Abowitz and his wife as members of the Communist Party during the
late thirties."^^
A documentation from Communist sources and from various official
agencies investigating Communist activities was recently published by
Mr. George Robnett, of Pasadena. The booklet, entitled, "The Crusade
™ See affidavit and testimony of Rena M. Vale, 1943 committee report; see, also, 1947
report, pages 54, 55, 70, 73, 210, 238, 241, 244, 298; 1948 report, pages 19S, 239,
253, 254, 279, 308, 309, 355; 1949 report pages 421, 428, 433, 435, 436, 478; 1951
report, pages 255, 268, 275, 280; 1953 report, page 139; 1959 report, pages 86,
100, 105-109, 112, 114, 138, 208, 223, 267, 277, 287, 293, 295, 302, 303, 307, 308,
311-313, 315-318, 320, 338, 351, 357, 360, 367, 370, 374, 387.
UN-AMERICAN ACTIVITIES IN CALIFORNIA 209
Against Government Investigating Agencies, a Report on Forces and
Processes, ' ' opens with this statement :
"What do you think would be the reaction in this country if a
group of individuals were caught trying to destroy our Army, our
Navy, or our Air Force, especially at a time when we were engaged
in a life and death struggle with some enemy country?
How different would you consider this to be in principle from
the present collaboration of certain individuals and groups whose
clear purpose is to destroy our front line of security — defense
agencies, when we are engaged in the deadliest 'cold' war that this
Country has ever faced with an avowed enemy ?
This latter reference is to an open and active crusade by
certain groups to demolish the House Committee on un-American
Activities, as well as to a campaign, not so openly declared but
just as real, to discredit and dissipate the work of the Federal
Bureau of Investigation and other security agencies."
The attack against the Federal Bureau of Investigation was kicked
off on October 18, 1958, with a special issue of The Nation, edited by
Carey Mc Williams. The entire issue of 280 pages is devoted to an article
by Fred J. Cook entitled, "The F. B. I." Our copy was purchased at
the International Book Store, 1408 Market Street, San Francisco, Cali-
fornia, where it seemed to be in great demand.
Mr. McAVilliams has been the author of several books, many of them
widely sold. He is the author of Factories in the Field, he appeared as
a witness before this committee many years ago, and he has been listed
as a member of practically every major Communist front organization
that ever existed. Mc Williams was active in California as Commissioner
of Immigration and Housing in the early forties, having been appointed
to that position by Governor Culbert Olson, and prior to that time he
had been active in Labor's Non-Partisan League, the United Organiza-
tion for Progressive Political Action, and with the Communist Party
itself. During the late thirties McWilliams was collaborating with
Dorothy Healey, who was then known as Dorothy Ray. We have al-
ready devoted some attention to Mrs. Healey, now Mrs. Philip M.
Connelly, in her capacity as the Chairman of the Southern California
Division of the Communist Party, and the target for considerable
criticism on the part of the top functionaries in New York. In October,
1938, Dorothy Ray was sent to Bakersfield by the International of the
United Cannery, Agricultural, Packing & Allied Workers of America,
a Communist-dominated union, to handle a cotton strike in that vicinity.
Two years thereafter a field workers' school was sponsored by that
union at Chino, California, for the purpose of training its organizers.
Among the instructors at the institution, with whom Dorothy Healey
was then co-operating, were Revels Cayton, Amy Schechter, and Carey
McWilliams.
210 UN-AMERICAN ACTIVITIES IN CALIFORNIA
Mr. McWilliams, contemporaneously with his elevation to a state
position with some prestige and authority, ceased his intimate contacts
with the Communist Party but continued to publish his progressive-
type books, kept up his dues in front organizations, and essayed the
role of a liberal. The fact is, however, that Mr. McWilliams did join the
Communist Party, according to the sworn statements of many indi-
viduals who sat in closed party meetings with him. How long his mem-
bership continued we do not know, but we are quite aware of the fact
that his Communist front affiliations have continued for at least 20
years, and that he is the editor of a publication that contains an attack
against the Federal Bureau of Investigation that was considered so
effective that it evoked high praise from the Soviet Union, as follows :
''It transpires from Cook's article and from press reports on big
trials that the main task of the F. B. I. is the identitication and
liquidation, including the physical liquidation, of persons of whom
the U. S. ruling circles disapprove for one reason or another." ^^
No stranger to the artifices and techniques of the Communist Party,
especially in California, is Los Angeles County's new Sheriff, Peter
Pitchess. While an F. B. I. agent in Los Angeles, one of Pitchess' duties
was to deliver lectures to peace officers throughout the state. At the
LaFayette Hotel in Long Beach last February 12, Mr. Pitchess told
members of the Exchange Club that the Communist Party is conducting
a "concerted drive to destroy public confidence in the F. B. I. That the
Communist Party and its sympathizers and apologists whose hatred
for the F. B. I. results from its effectiveness in carrying out its re-
sponsibilities and in protecting the internal security of America, had
been accelerated to an extreme degree. ' '
Sheriff Pitchess concluded his remarks by adding: "I must further
express hope that the American public * * * will continue to demon-
strate its faith in this great law enforcement leader, J. Edgar Hoover,
by rejecting the foul spewings of the Kremlin's messenger boys. "*^
In contrast to the remarks of Los Angeles County's Sheriff, let us
examine some comments by Elizabeth Gurley Flynn, charter member
of the Communist Party of the United States and a member of its
National Committee. Mrs. Flynn, herself a Smith Act defendant who
was sent to prison, and who played a remarkably active role in the
party's fight to bring about a change in the federal laws that were
hampering its operations, was moved to comment about J. Edgar Hoo-
ver and his book. Masters of Deceit, which attained best-seller status.
She said :
"* * * J. Edgar Hoover is today the undisputed czar of the
F. B. I. The master of self-adulation, who continually publicizes
himself on the radio, in the press and magazines, speaks to women 's
clubs, graduating classes, businessmen, the Legion, etc. If ever
80 Radio Moscow, ISOO gmp. 22 December, 1958.
^^ Los Angeles Examiner, Feb. 12, 1959.
UN-AMERICAN ACTIVITIES IN CALIFORNIA 211
there was a shining example of the 'cult of the individual,' it is
exemplified in this politically illiterate and conceited man, who lias
used almost unlimited power for the attempted suppression of the
Bill of Rights. "82
In Washington Congressman James Roosevelt introduced a measure
which would have taken away the autonomous power of the House
Committee on un-American Activities and stifle it to death by absorb-
ing it in the Judiciary Committee. The House, however, voted $327,000
to enable the committee to function during the current year, and the
Communist pressure has apparently been shifted to bring about a repeal
of the McCarran Act, to undermine public respect for the F. B. I. The
tentative moves have already been made, but, as was the case of the
campaign to liquidate the House Committee on un-American Activities,
the sniping is always made from concealed positions and frequently by
individuals who have no formal connection with the party but are,
nevertheless, most sensitive to its demands and responsive to its
pressures.
An example of how some of these credulous liberals are utilized con-
temptuously by the Soviet Union appears in a book by Boris Morros,
an undercover counter agent for the Federal Bureau of Investigation.
' ' Some time before, I had told Vitaly that I would be returning
to the United States in the Fall. He had two assignments for me
on this trip : he wanted me to find between 10 to 20 Americans
who were loved and trusted throughout the United States, and to
get them to come in a group to Moscow. These influential Ameri-
cans could then see for themselves that the Russians truly wanted
peace. Vitaly insisted that the Reds were willing to make conces-
sions to such a delegation of Westerns. 'We do not want to talk to
your comedian progressives,' he said, 'but to men who can go home
and convince the people of America that another World War is the
last thing the Kremlin wants ! ' I was to hear this plea a hundred
times from the lips of other Communist officials and spies. ' ' ^^
Just as the constant program of exposure and vigilance caused the
Communist Party to give up its major front organizations and to re-
treat to its underground sanctuaries, so has the program of public
education and disclosure operated to shrink the supply of gullible
liberals who could be wheedled into unconsciously carrying on the
party's dirty work. It is not very difficult to distinguish between a
sincere and dedicated liberal and one who is consciously or uncon-
sciously imbued with the precepts of the class struggle and the Commu-
nist ideology to the point that they become almost a part of his sym-
pathetic nervous system. The true liberal is interested in resolving
conflicts, in fighting for advanced and really progressive reforms for the
benefit of humanity. The Communist tool, on the other hand, is con-
stantly striving to perpetuate the current party line, and instead of
«^ Political Affairs, May, 1958, p. 61.
*3 My Ten Years as a Counter-Spy, op. cit., pp. 142-143.
212 UN-AMERICAN ACTIVITIES IN CALIFORNIA
resolving- conflict and problems lie seeks to keep the class struggle going
by complicating the old problems and creating new ones.
At least in California, there is encouraging evidence that liberals in
the true sense of that much-abused term, are beginning to heed the
phrase attributed to Vemelot, and which is so characteristic of totali-
tarians in general and Communists in particular: "When I am the
weaker I demand liberty of you, because liberty is one of your prin-
ciples ; but when, one day, I am the stronger, I shall strip you of liberty
because stripping others of liberty is one of my principles. " ^^
There are other signs of encouragement in California, in this never-
ending battle against internal subversion. The committee has found dur-
ing the last three or four years a rapidly increasing interest on the part
of students and faculty members alike in obtaining accurate and objec-
tive information not only on Communist ideology and revolutionary
history, but on practical problems on combating Communist subver-
sion. We wish to particularly commend the Citizens for Political Free-
dom in Pasadena. Also the Women for America in Beverly Hills. The
Pasadena organization, under the leadership of Mrs. Virginia Cassil,
has just completed its third year as sponsor of a series of annual lec-
tures at Pasadena City College's extended day program, entitled "Hoav
to Detect Communist Indoctrination." The popularity of this course
has increased every year, it is well attended by students and teachers
in addition to the public at large, and by arrangement with the State
Department of Education, institute credit is given to teachers who
attend all of the lectures. The lecturers are carefully selected, not only
for their ability as speakers and their qualifications as experts in their
respective fields, but because of their balance and stability in handling
controversial topics.
Women for America, the organization in Beverly Hills, recently com-
pleted an outstanding program under the aegis of the extended day
department of the Beverly Hills High School. This program, like the
ones held in Pasadena, comprises lectures by the best experts the
sponsors can obtain, each lecture running for approximately two hours
including a period for questions and answers from the audience. Mrs.
Morrie Ryskind and Mrs. Fred Bartman are to be congratulated on the
time and effort the}^ have devoted to making this Beverly Hills pro-
gram an outstanding success.
The Fresno State College Chapter of Phi Gamma Mu, a scholarship
honor society of faculty members and students, also sponsored a lecture
on Communism in California in January of this year, and these pro-
grams are being duplicated by many schools throughout the state. We
also note that the press is carrying an ever-increasing amount of reliable
information concerning problems of internal Communist subversion,
which is replacing a great deal of unreliable and sensational material
that was being widely published a few years ago.
8^ Letter from Prof. William Roetke to the International Association of Political
Science, 1958.
UN-AMERICAN ACTIVITIES IN CALIFORNIA 213
Such patriotic organizations as the American Legion, the Daughters
of the American Revolution and the Los Angeles Chapter of the Ameri-
can Jewish League Against Communism have contributed greatly to
public understanding of these problems by sponsoring citizenship and
patriotism awards and holding programs that emphasize the necessity
of understanding the problems that we face from Communism, and by
encouraging the proper sort of educational programs on the widest
possible basis. It is, of course, impossible to mention all of the schools
and all of the patriotic organizations that are contributing to an educa-
tional program that will arm the public at large with the proper know-
ledge that will equip them to recognize these subtle subversive activities,
to know the party line, to identify the front organizations, and to help
in rendering completely ineffective the all-out Communist campaign
which is now being waged to undermine public confidence in our official
agencies.
THE INTIMIDATION OF VIRGINIA HEDGES
Virginia Hedges came to California from Terre Haute, Indiana, with
her mother and stepfather in August, 1947. They lived at 5154 Sunset
Boulevard, Hollywood, for about a year and a half, moved to La
Canada for 18 months, then returned to their former residence in
Hollywood. Shortly thereafter the mother and her husband separated,
and Virginia lived with her mother at 1308 West 109th Street in Los
Angeles for several years.
After graduating from high school, Virginia got a job with the tele-
phone company in Los Angeles and had a phone installed under her
own name — Virginia Hedges. This was in June, 1953.
For the purpose of clarifying a complicated set of circumstances, it
is necessary to bear in mind that the hearing at which Frank Wilkinson
was examined occurred during the latter part of October, 1952. In con-
nection w^ith the interrogation of Mr, Wilkinson we had received reports
from several former Communists who had attended closed party meet-
ings with him. These informants gave entirely separate and independent
statements, and no one of them was aware that any of the others were
cooperating with us. One of these informants was, by an amazing co-
incidence, named Virginia Hedges, although not related to and com-
pletely unknown by her namesake.
But this identity of names was only the first of a series of coinci-
dences. Our informant had once resided in the same general vicinity as
Virginia Hedges and her mother. And the latter bore a striking re-
semblance to our informant. Adding to this confusing situation was the
fact that our informant also had a telephone listed in her name —
Virginia Hedges, and when she moved her name was taken out of the
directory, only to be replaced shortly thereafter when her namesake
had her telephone installed. So, although there was only one Virginia
Hedges in the book, after June, 1953, it was actually the name of a
different person.
214 UN-AMERICAN ACTIVITIES IN CALIFORNIA
During the time that elapsed after we first questioned Mr. Wilkinson,
he devoted more and more of his time to Communist activities, partici-
pating in many front meetings, especially the newly formed Citizens
Committee to Preserve American Freedom. We received reliable in-
formation that he had also advised party members who had gone under-
ground concerning security precautions, and he was obviously given
an important assignment when he was sent east to assist the Emergency
Civil Liberties Committee correlate its campaign to liquidate federal
and state committees on un-American Activities and undermine the
reputation of the F. B. I.
We consequently decided to contact our informants to secure any
available information that might shed additional light on these develop-
ments. On January 23, 1958, a letter was accordingly directed to the
only Virginia Hedges listed in the Los Angeles telephone directory and,
of course, it was received by the informant's namesake.
Puzzled bj' the somewhat cryptic terms in w^hich the letter was
written. Miss Hedges consulted the Los Angeles Field Office of the
F. B. I., described to them a series of experiences that had occurred to
her, and was advised to contact us. This she did in a note dated
January 28, 1958, and we then learned for the first time of the peculiar
circumstances we have already described.
Conferences with Miss Hedges disclosed that she had been mistaken
for our informant and subjected to a familiar harassment that com-
menced almost as soon as the telephone was listed under her name and
continued until she appeared before us as a witness on June 10, 1958.
We have described this technique of Communist intimidation by
telephone in previous reports. It is constantly used, now more than
ever since there are more defections from the party than previously,
to prevent former party members from cooperating with official agen-
cies. Even after having testified openly and fully, informants are
frequently subjected to this type of annoyance.
This final section of our report is being dictated on Saturday, April
4th. On the evening of March 5th. a representative of the committee
visited with Paul and Marion Miller, who acted as undercover agents
for the F. B. I. in the Communist Party. Mrs. Miller was active in
the Los Angeles Chapter of the Citizens Committee for the Protection
of the Foreign Born for five years, and then disclosed her experiences
to the fullest extent by testifying under oath. Since that time the
Millers have been subjected to precisely the same sort of telephone
annoyance that were described by Virginia Hedges. On the eve-
ning of March 5th, an anonymous telephone call was made to the
Miller home, and when one of their three children answered the tele-
phone he was subjected to a tirade of vicious and unprintable abuse
of his parents.
The Millers had expected to be subjected to this familiar pattern
because they had been warned that it would probably occur, and they
were more or less prepared for the barrage of false and defamatory
UN-AMERICAN ACTIVITIES IN CALIFORNIA 215
Statements on mimeographed leaflets that were anonymously distributed
among their neighbors. But Virginia Hedges had never had any experi-
ence with any type of subversive groups, and was completely unpre-
pared for the long harassment to which she and her mother were
subjected.
She testified that her telephone would ring at 3 or 4 o'clock in the
morning and when she or her mother awakened and answered they
would hear someone breathing, then a click as the receiver was hung
up and the connection was broken. Then, after an hour or more, the
call would be repeated. This procedure continued for almost five years.
It seems rather odd that in cases where a former Communist has
already testified, it is usual practice to subject them to a tirade of
abuse during a short conversation before the coimection is broken. But
when it is desired to intimidate a former member who is only suspected
of having given information, or whom the party wishes to prevent
from doing so, the calls are ordinarily without conversation, the re-
ceiver being hung up after an interval of a few minutes.
This practice is described in many books by former Communists
and by non-Communists whom the party seeks to scare into ceasing
their anti-Communist activities. An officer of the Commonwealth Club
of California was recently subjected to such calls for a period of many
months. Virtually all ex-Communists who have really broken from the
party have received this form of intimidation.
Finally, Virginia Hedges ' mother noticed that she was being followed
when she left her home in the afternoon. She saw the same person
following her day after day, and finally complained to an attendant
at the service station she usually patronized and he told her that he
had also noticed she was being followed. Then came a call on January
24, 1958, that so unnerved the mother that she left California and
returned to her former home in Indiana. Her daughter described the
experience in a reply to the original letter intended for our informant,
and written in January, 1958 :
"Mr. Combs: In reference to the enclosed letter I'm sorry to
say there must be a mistake. I've never testified. You must have
the wrong address.
On the twenty-fourth my mother received a call for an uni-
dentified person who said 'Tell Virginia Hedges she is going to
get her throat cut.'
On Sunday there was a call from New York, too. I don't
know who it was.
I am the only Virginia Hedges listed in the phone book. It
sounds like she is in trouble."
Questioned by the committee in June, 1958, Virginia Hedges de-
scribed the calls as follows :
Q. When did this telephone call threatening to cut your throat
occur, and what time did your mother receive that call?
216 UN-AMERICAN ACTIVITIES IN CALIFORNIA
She answered the telephone, did she not?
A. Yes.
Q. What time of the day ?
A. I am not sure.
Q. Was it a man or a woman ?
A. It was a woman.
Q. Was there any noticeable accent ?
A. She wasn't sure.
Q. She wasn 't sure ?
A. No.
Q. During all of these times the telephone would ring early in
the morning, or any time during the two-year period, would you
endeavor to find out who was calling and whom they wanted, and
so on?
A. Well, several times I answered the phone and they would
ask for Virginia Hedges.
Q. Yes?
A. And I would say, 'This is Virginia Hedges.'
Q. Yes?
A. But, for some reason they wouldn't say anything else.
Q. They would just hang up ?
A. Yes.
Q. You haven't had a bit of trouble since you wrote me this
note, have j^ou?
A. No, sir.
Q. You don't know the other Virginia Hedges?
A. No.
Q. Virginia Hedges No. 1 ?
A. No.
Q. You have never had any connection with any Communist or-
ganization of any kind, have you?
A. No, sir.
Q. * * * Did you ever have any experience with telephone calls
of this type before in your entire life?
A. No.85
Shortly after having received the note from Miss Hedges, and after
having conferred with her at some length, representatives of the com-
mittee contacted the real informant who had moved several times and
had changed her occupation. A supplemental sworn statement was
taken from her, in which she described in detail the circumstances
under which she affiliated with the Communist Party, her attendance
at the Communist beginner 's classes for a period of approximately eight
months, the party textbooks and other material she was required to
study in order to prepare herself for active party membership, and
her assignment to a definite unit of the party.
85 Vol. 66, Committee Transcript, pp. 156-158.
UN-AMERICAN ACTIVITIES IN CALIFORNIA 217
The informant gave additional information concerning Mr. Wilkin-
son and his identity as a Communist Party member, together with his
activities in the party unit to which he was assigned.
We wish to make it clear that our informant, Virginia Hedges, has
no telephone, and has already given full and complete cooperation to
all official agencies that have asked her to do so. In that connection she
testified as follows on June 5, 1958 :
Q. Have you ever been solicited by any party member to reac-
tivate your activities and rejoin the party?
A. No, I have not.
Q. Plave you ever had any threats, either directly or indirectly,
about disclosing the information you gained during your party
membership ?
A. No, I have not.
Q. It is a fact, is it not, Miss Hedges, that you have heretofore
given to this committee full and detailed information concerning
other people who were in the party with you, in addition to Frank
Wilkinson, and detailed information concerning your own activi-
ties while you were a party member?
A. That is correct.
Q. This is also true, is it not, that you flew to Sacramento several
years ago, at your own expense, for the purpose of conferring with
me about the general matters that are covered in this statement?
A. That is correct.
Q. And is it not also true that in addition to giving information
to this committee, that you voluntarily have given full and detail
information to federal agencies concerning your experiences during
all of the time you were a member of the Communist Party ?
A. That is correct.
Q. And it is also true, is it not. Miss Hedges, that you are giving
this testimony pursuant to a subpoena served upon you by me,
which subpoena is a continiiing subpoena to remain in effect until
such time as you are excused from appearing before the committee 1
A. That is correct.^^
It is clear to the committee that the reason our informant was not
bothered after she had cooperated with us in 1952 was because the
individuals responsible for the anonymous telephone calls had been
confused by the series of coincidences outlined above and had spent
almost five years intimidating the wrong person. During the 18 years
during which the committee has been active, we have never experienced
nor heard of a case like this, and we include it in the report for the
purpose of documenting still another example of the techniques that
are being used by the Communist Party in California.
8« Sworn statement executed by Virginia Hedges on June 5, 1958, taken by John B.
Hossacl<, Certified Shorthand Reporter, pur-suant to the provisions of Senate Reso-
lution No. 132, adopted by the California State Senate, at the General Session of
the California State Legislature in 1957.
218 UN-AMERICAN ACTR^ITIES IN CALIFORNIA
The party had an excellent motive for endeavoring to frighten
our informant so she would refuse to give information and the
party was well aware of the fact that she did possess highly
damaging knowledge about the Communist activities and stature of
Mr. Wilkinson, who became an exceedingly active and important Com-
munist figure after he was discharged by the Los Angeles City Housing
Authority. There was utterly no reason whatever for the intimidation
of the Virginia Hedges who actually received these telephone calls,
since she never had the slightest connection with any sort of Com-
munist organization, even an innocuous Connnunist front, and while
to laymen this business of panting into a telephone then hanging up
may seem somewhat melodramatic and silly, to people who have been
members of the Communist Party for a number of years and who
never know when they go to bed at night whether or not they will
be awakened by the ominous ringing of their telephone at 3 or 4
o'clock in the morning, the implied threat is clearly understood, and
after several years the intimidation becomes extremely annoying.
Since the calls are usually made from either a pay phone or from
sources that are changed from time to time, and since the conversation
or lack of conversation only continues for a minute or so, the calls
are virtually impossible to trace.
The official of the Commonwealth Club who was subjected to a period
of similar early morning calls, was not particularly bothered at first
because, having been extremely forthright in his anti-Communist
activities, he had rather expected such occurrence. But he can testify
most convincingly concerning the nervous tension that is produced in
an individual who has been subjected to this technique for a period of
several months.
We should add at this point that the party's attacks on former mem-
bers who are suspected of being possible sources of information to
anti-Communist agencies is incredibly vicious. The preservation of
secrecy concerning all of its activities and the concealment of the
identity of all its members is essential to the continued operation of
the party, and it will go to any length to destroy the credibility of
former members who presume to break through this elaborate screen
of security. We have had informants who, while still in the party,
were given the most responsible assignments, highly complimented for
the caliber of their Communist work, regarded as extremely dedicated
and capable comrades. The instant they defected and testified before
us, however, the party attempted to destroy their credibility by cir-
culating wild rumors of sexual perversion, mental instability, alco-
holism, and resorted to every trick and device for the purpose of
destroying their reputations.
This type of activity, as well as the espionage activities of the Com-
munist Party, are carefully insulated away from most of the intellec-
tual members of the party, who are usually convinced that the organ-
ization does not engage in this sort of thing. It is a source of never-
UN-AMERICAN ACTIVITIES IN CALIFORNIA 219
ending astonishment to us that American citizens can be lured into
the Communist apparatus and indoctrinated to the point that they
will believe only the things that originate from Communist sources,
and soon come to distrust and disbelieve all statements issued by the
capitalist press which they regard as propaganda from the class enemy.
In conclusion the committee wishes to again state that we do not
believe it is now necessary to hold large-scale public hearings for the
purpose of exposing individual party members M^ho have been in the
organization for a number of years. The indices of our various reports
have listed such people from the middle twenties down to the present
time, and we have learned from years of practical experience that
very little good is accomplished by issuing subpoenas for indoctrinated
party members, listening to them use the witness stand as a propa-
ganda medium, having them clutter up the expensive shorthand report
of the proceedings by monotonously invoking the Fifth Amendment
over and over again, and indeed, very little real good is accomplished
by prosecuting and convicting this type of witness for contempt. This
type of fanatic cannot be cured by a 30-day jail sentence. He is eager
to suffer for the cause, he furnishes propaganda ammunition for the
party that regards him as a martyr, and he emerges from his cell as
a proletarian hero who is more eager and dedicated than before. To
parade a somewhat moth-eaten series of dedicated party members
through a hearing and afford them the facilities of radio and television
publicity while they castigate the committee has become in our view
largely a waste of time. In earlier years public hearings were necessary
■ — and are occasionally still necessary — for the purpose of exposing
front organizations. And 10 years ago it was necessary to hold a good
many public hearings for the purpose of breaking through public
apathy and exposing Communist schools. Communist publications, and
open party activities.
It is imperative that we obtain the cooperation of the utilities, the
various agencies and departments of State Government, the trade
unions, and organizations of all types for the purpose of keeping
abreast of Communist tactics and implementing the enforcement of
the laws that have been enacted to cope with the situation.
We believe that the preventive aspect of the problem is now para-
mount, that the work of a committee cannot be gauged by the amount
of publicity it receives, and that the most effective weapon against
internal subversion is an informed Legislature and an enlightened
public.
INDEX
For Reports of
1943, 1945, 1947, 1948, 1949, 1951, 1953, 1955,
1957, and 1959:
The Committee on Un-American Activities believes a
complete index of its reports w/// be of assistance for
those engaged in referencing work on the activities and ac-
complishments of hearings conducted by the committee from
its inception in 1943. This index identifies the person or
subject, followed by the year in which the report was pub-
lished, and the page number.
(221)
INDEX
A. C. L. U. — See American
Civil Liberties Union
A. F. L.-C. I. O.
1959—104, 107
A. F. of L. — See also Amer-
ican Federation of La-
bor
A. F. of L. Painters Union,
District Council No. 9
1959—94
A. F. of L. Painters Union,
National Executive
Board
1959—115
A. F. of L. Painters
1947 — SO
A. F. of L. Teachers Union
1947 — 113, 128
A. F. of L. Teachers Union,
Local 430
1947—136, 138, 139
A Guide to the Soviet Union
1951—152
A Man Called White
1957 — 106
A. P. Burns Bureau
1943 — 362, 365, 366, 368,
369, 373
A. P. Mason Bureau
1943—373
A. P. Roberts Bureau
1943—365, 373
Aaron, Dr. Harold
1948-328
Aarons, "Slim"
1948 — 183
Abascal, Salvador
1943^ — 200
1945 — 197
Abbe, George
1949 — 486
Abbott, Bernice
1948 — 238
1949 — 480, 499
Abbott, Edith
1948 — 320
Abbott, Olive
1948 — 211
Abel, Dr. Martin
1953—241, 249
Abel, Alfred
1959 — 176
Abel, Col. Rudolf
1959 — 188
Aberdeen Proving Grounds
1959 — 175
Abern, Martin
1949 — 162
Abern v. Wallis
1949 — 248
Abolish Peonage Committee
1948 — 34, 93, 95
1949—267, 446
Abowitz, Eleanor Bog-igian
(Mrs. Murray)
1951 — 255
1955—112, 315, 358
Abowitz, EUenore
1947—54, 55, 70, 210, 241,
294, 298
1948—198, 239, 253, 254,
308, 309
1949 — 421, 435, 436
Abowitz, Dr. Murray
1947—70, 73, 238, 294
1948—279, 355
1949 — 421, 428, 433, 478
1951 — 268, 275, 280
j^ggo. -139
1955 — 86, 100, 105, 106,
107, 108, 109, 112,
114, 138, 208, 223,
267, 277, 2S7, 293,
295, 302, 303, 307,
308, 311, 312, 313,
315, 316, 317, 318,
320, 338, 351, 357,
360, 367, 370, 374,
387
1959 — 207, 208
Abraham Lincoln Branch of
the Communist Party
1948—215
Abraham Lincoln Brigade
(also Battalion)
1943 — 140
1948 — 35, 66, 93, 94, 98,
99, 100, 101, 125,
157, 185, 225, 254,
271, 295, 308, 382
1949 — 179, 267, 296, 370,
407, 452, 469, 501,
502, 548, 553, 555,
561
1951 — 100, 159, 160, 207,
236, 238, 239, 287
1955 — 95
1959 — 174, 176
Abraham Lincoln School
1948—95, 120, 342
1949 — 267
Abraham, Morris
1948 — 146
Abramowitz, Bessie
1948 — 242
1953 — 63
Abrams Case
1953 — 63
1957 — 1, 125
1959—15
Abrams, Philip
1957 — 45
Abrams, Sheldon
19.^^9-37
Abrams v. U. S.
1953 — 180
Abramson Furniture Co.
1951—207
Abt, John
1959 — 172, 173, 175
Abt, John J.
1951 — 90, 272, 281
Abt, John W.
1948 — 343
Academic and Civil Rights
Committee
1948 — 35
1949 — 268
Academic and Civil Rights
Council of Calif.
1943 — 97
1947—103
1948 — 6, 136
1949 — 268
Academic Freedom
1959 — 52, 57, 60, 68, 70,
78
Academic Integrity and
Academic Freedom
1951 — 50
Academic Senate
1957 — 13
Academic Sinica
1957—129
Academy of Motion Picture
Arts and Sciences
1955 — 445
1959 — 116
Academy of Political and
Social Science
1949—493, 497
Academy of Science
1951 — 45
Academy of Sciences of the
U. S. S. R.
1949 — 497
Acheson, Dean
1949 — 492
Achron, Joseph
1948 — 311
Ackerman, Nena
1948 — 184
1949 — 561
Ackley, Charles B.
1949 — 449, 480, 489, 499,
507, 509, 512, 513,
521
Ackley, John Kenneth
1948-179
Action
11I4S — 224
1949—381, 548
Action Bulletin
1948 — 49, 224
1949 — 381, 548
Action Committee to Free
Spain
1948—271
1949 — 268, 469
Action Conference on
Indonesia
1949 — 268
Action for Today
1948—224
1949 — 381, 548
Action Letters, The
1947 — 70, 299, 300
1949 — 421
Action Now
1949 — 381, 443
Actors' Equity
1948 — 315, 316
1951 — 83
1959 — 116
Actors' Laboratory
1947 — 72, 74, 191
1948 — 95, 97, 104, 105,
129, 159, 259, 348
1949—268
Actors Laboratory Theater
1948 — 52, 95, 96, 104-106,
347
1949 — 268, 315
1951 — 59, 00, 290
1955 — 437, 444, 445, 447
1959 — 137
Adamic, Louis
1948 — 109, 114, 131, 199,
200, 202, 216, 225,
239, 262, 273, 323,
327, 328, 351, 353,
390
( 222 )
INDEX
223
Adamic, Louis — Continued
1949 — 414, 415, 449, 471,
480, 484, 480, 498,
502, 503, 505, 50r.,
509, 510, 512, 513,
516, 517, 520, 521,
522, 525, 528, 530,
531, 535, 548
1951—56, 60, 201, 271, 287
1953 — 131, 151
Adamic, N. J.
1949 — 548
Adams, Cliarles
1949 — 517
Adams, Dr. Charles
Christopher
1949 — 480, 499
Adams, Comfort A.
1948—271, 351
1949—468
Adams, Edward
1949 — 302
Ada,ms, Franklin P.
1948 — 262, 330
Adams, Fred
1951 — 194
Adams, Dr. George P.
1948 — 216, 328, 351
1951 — 92
1953 — 175
Adams, Mrs. George P.
1948—216
Adams, James T.
1948 — 330
Adams, Prof. Josephine T.
1948 — 327
Adams, Lauretta
1943 — 87
Adams, Peter
1948 — 311, 312
Adams, Rev. Stacy
1949—480
Adams, Theodore F.
1948 — 320
Addes, George F.
1948 — 201, 323
Addis, Jean
1948—182, 184, 185
1949 — 560, 561
Addis, Dr. Tliomas
1947 — 88, 93, 103
1948 — 114, 132, 144. 163,
176, 182, 185, 201,
202, 248, 249, 328,
350, 352, 353, 358,
377, 391, 392
1949—146, 425, 480, 489,
499, 502, 504, 505,
506, 507, 508. 509,
510, 511, 512, 517,
518, 521, 522, 524,
526, 527, 528, 530,
531, 533, 560, 588
1951 — 56, 59. 60, 92, 94,
255 271
1953—171,' 172, 173, 176,
259, 260
Addis, Mrs. Tliomas
1948—216
Adelman, Mrs. Marci
1948 — 146
Adelman, Meyer
1948 — 163
1949 — 448, 449
Adelson, Dr. David
1947 — 102, 103
1951 — 57, 64, 234
Adhikari, G. M.
1953 — 230
Adhunic, Bastak Bhander
1953 — 229
Adler, Clarence
1948—311
Adler, David
1948—330
Adler, Dr. Irving
1948—177, 344
1955 — 392
Adler, Mrs. Ir\'ing
1951 — 286
Aillor, Jacob
1948—196
Adler, Jay
1948 — 355
Adler, Larry
1947 — 179, 189
1948 — 210, 254, 355
1949 — 478, 543, 683
Adler, Luther
1948 — 9 6
Adler, Mollie
1948 — 278
Adler, Soloman
1959 — 172
Adler, Stella
1948-248, 277
1949-480, 499
Adoratsky, A.
1943 — 38
Adoratsky, V.
1949 — 191, 217
1951—152
Advance
1953 — 62
Advance Printing Co.
1951 — 280
Advertising and Public
Relations (Local 44)
1947 — 177
Advertising Association of
the West
1949 — 623, 673
Advertising Club of Los
Angeles
1943—103, 104
Aetna Life Insurance Co.
1955 — 405
AfRdavit of Alex Harris
1948 — 300
Affidavit of Geo. W. Crosby
1948 — 292
Affidavit of Rena Vale
1948 — 311
Affidavit of Wm. D.
Handelsinan
1948 — 282
African Blood Brotherhood
1948 — 333
1949 — 268, 279
After School Club
1943—300
After the Seizure of Power
1949 — 192
After Work Club
1943 — 300
Age of Reason
1953 — 177
Age of Treason
1948 — 106, 100
1949 — 381
Ager, Cecilia
1949 — 480, 499, 529, 530
Aggriott, Rev. Clarence B.
1959—185
Agins, Dr. Jack
1947 — 73
1948 — 171, 177
1951 — 286
1953 — 139
Agins, Dr. Jacob
1955 — 263, 264
Agins, Minna
1947 — 73
1948 — 178
Agitation and Propaganda
1943—120
Agit-Prop
1943 — 34
1949—180, 461
Agrarian Party
1949—118, 119
Agricultural, Packing and
Allied Workers of
America
1948 — 38
Aidlin, Joseph W.
1943 — 143
1945 — 139
1948—332
1949—542, 688
1951 — 255
Aidlin, Mary
1943 — 143
2^g4Y 23 8
1948 — 106, 160, 355
1949 — 688
AIMS (See Association of
Internes and Medical
Students)
AIMf^ at U.S.C.
1955 — 162
Aims of Spanish Conununist
Partv
1943—121
Ain, Gregory
]^947 23 8
1949 — 480, 484, 499, 517,
688
1951 — 271, 280
, 1955 — 387, 390
Aircraft and Machinists Di-
vision of United Auto-
mobile Workers
1959 — 93
AKA Progressive German-
Americans of Chicago
1949 — 268
Alvahoski, Ted
1943 — 337
AKEL
1949 — 46
Akers, Robert
1951 — 229
Akerstein, Evelyn
1953 — 206
Akins, Jack
1947 — 152
Alabama Farmers Union
1959 — 94
Alameda Building Trades
Council
1947—80
Alameda County Communist
Party
1947 — 39, 41, 43, 44
1948 — 7, 11, 220
1951 — 50, 86, 169, 174, 178,
186, 187, 190, 192,
193, 197, 198, 205,
212, 216, 217, 224,
228, 231, 235, 243,
276
Alameda County Communist
Party, County Organ-
izer
1951—192, 206, 238
Alameda County Communist
Party, Educational Di-
rector
1951—217
Alameda County Communist
Party, Secretary
1951 — 235
Alameda County Communist
Party, Special Section
1951 — 187, 200, 201, 202,
204, 205, 206, 207,
208, 209, 212, 213,
216, 217, 218, 219,
220, 221, 222, 223,
224, 226, 228. 231,
224
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Alameda County Commu-
nist Party, Special Sec-
tion— Continued
232, 234, 235, 238,
241, 242, 243
Alameda County Communist
Party, Special Section
Organizer
1951 — 206
Alameda County Congress
of Industrial Organiza-
tion Council
1951 — 37, 50, 51, 76, 79,
173, 175, 176, 185,
186, 192, 193, 194,
198, 201, 203, 207,
208, 212, 213, 236,
254
Alaska Fishermen's Union
1947 — 92
Alba, Victor
1951 — 272
Albany Civil Rights Con-
gress
1949 — 446
Albert, Bessy
1948—179
Albert, Lillian
1951 — 267
Albert, Sam
1955 — 386
Albert, Samuel
1943—60
Alberts Case
1959 — 15, 198
Alberts, Doris
1948—311, 314, 317
Alberts, George
1959 — 131
Alberts, George W.
1943 — 150, 177, 178, 182
Alberts, Sam
1947 — 238
1948 — 311, 314, 317, 355
Albertson, William
1948—213
Albrier, Mrs. Frances
(Francis)
1948 — 194
1949 — 438
1953 — 284
Albritton, Clarence
1948 — 338
Alcalav, Helen
1947 — 73
Alderete, Nora
1949 — 438
1949 — 9, 614, 616, 631, 646,
651, 654
1955 — 106
Alesen, Dr. Lewis Albert
1955 — 85, 86, 87, 88, 89,
90, 91, 218
Alexander, Charlene
1959 — 42, 43
Alexander, Dr. Chauncey A.
1947— 1S9
Alexander, Ed
1951 — 24
Alexander, Mrs. Elizabeth
1947 — 185
Alexander, George
1948 — 338
Alexander, Harmon
1947 — 185
Alexander, Dr. Herbert
1948 — 148, 310
Alexander, Hursel
1949 — 429, 432
1953—162, 253
Alexander, Leon
1947 — 74, 85, 89, 91
1949 — 425, 429, 431
Alexander, Mara
1947—89, 91
1948-185
1949 — 425
Alexander, Milnor
1955 — 318
Alexander, Raymond Pace
1949 — 449
Alexander, Robert
1947 — 238
1948 — 355
1949 — 480
1953 — 107, 108, 113
1955 — 319, 387
Alexander v. State
1949 — 254
Alexander, Dr. Will H
1948 — 199
Alexandrov
1953 — 235
Alexeev, Alex M.
1948 — 268, 374
1955 — 390
Alsase, Benjamin
1948 — 271
1949 — 468
Algren, Nelson
1945 — 121, 126
1948 — 274
1949 — 472
Aliard, John
1943 — 137
1947 — 67
1948 — 63, 280
1949—419, 437, 470, 688
Alkaw, J. M.
1948 — 383
All-American Anti-
imperialistic League
1948 — 67, 106, 107, 143,
145, 188, 273
1949 — 174, 268
All-American Slav Congress
1949 — 413, 414
Allan Rudak Studio
1948 — 104
Allan, William
1948 — 233, 343
All-Calif. Conference for De-
fense of Civil Rights
and Aid to Labor's Pris-
oners
1948 — 107
1949 — 269
Allen
1957 — 116
Allen, Dr. Bennet M.
1948 — 171
Allen, Billy
1947—203
Allen, Rev. Carl
1948—106, 160, 161, 164,
358
Allen, Claude O.
1949 — 438
Allen, Fay
1943 — 137, 139, 195
1947 — 47, 67, 71, 96, 97,
129
1948 — 116, 183, 201, 328,
351, 375
1949 — 419, 422, 638
Allen, Harland
1948 — 323
1949 — 538
Allen, Dr. Harold B.
1948 — 185
Allen, Henry D.
1943 — 359
Allen, James Egert
1948 — 198
1949 — 449
Allen, James S.
1948 — 233, 343
1949 — 189, 621, 626
1957 — 106
1951 — 153
Allen, James T.
1948 — 15
Allen, Oliver S.
1949 — 480, 489
Allen, Dr. Raymond
1959 — 54
Allen, Dr. Raymond B.
1953 — 201, 202, 204, 206
1957 — 5, 6, 8, 9, 16, 18,
27, 30, 31, 32
Allen, Sam Houston
1955 — 309, 360
Allen, Shannon C.
1948 — 248
Allen, Ted
1948—226
Allen, Warren O.
1947—47, 67, 71, 96, 97,
129
1948—317
Allen, William
194S — 164, 332, 340
1949 — 542, 547, 638
1951 — 267
1953 — 103
Aller, Elsa
1948—179
Alley, Raymond
1948 — 338
All-Harlem Youth
Conference
1948—75
1949 — 269
Alliance, The
1953 — 23
Alliance of Certain Racke-
teer arid Communist
Dominated Unions in
the Field of Transpor-
tation
1939 — 109
Alliance of Social Revolu-
tionaries
1953 — 22
Allied Labor News
1948—168, 181, 280
Allied Labor News Service
1948 — 49, 224
1949 — 269, 381, 460, 461
Allied Printing Trades
Council
1947 — 80
Allied Voters Against
Coudert
1948 — 38, 96, 146
J9 49 269
Allied War Relief Rally
1948 — 216
All-India Kisan Sablia
1953—231
All-India National Congress
1953 — 214, 215
All-India Trade Union
Congress
1953 — 225, 226, 230, 231,
233, 242
AUis-Chalmers
1949 — 440
Allison, Elmer T.
1948—243
Allison, Tempe
1947—89
1949 — 425
Allister, Mona
194S — 355
Allister, Wm.
1948 — 355
All-Slav Congress
1949 — 413
All-Union Society for Cul-
tural Relations With
Foreigners
1948 — 107, 383
1949 — 269
Allsberg, Dr. Martin
1959—125
INDEX
225
Almanac Singers
1949 — 270, 542, 543
Alniazoff, Samuel
1949—464
Almeida, Joseph
1947 — 155
Almenana, Anacleto
1948—273
Almond, Gabriel
1957 — 85, 100
Alpenfels, Prof. Ethel J.
1949 — 480
Alper, Joseph
1948 — 338
Alper, Rabbi Michael
1948 — 152, 211, 271, 328,
351, 377, 392
1949 — 468
Alpi, Maurio
1949—173
Alsberg, Henry G.
1943 — 139
Alsberge, Dr. Marden A.
1955 — 101, 105, 109, 113,
116, 127, 367, 368,
369, 370, 371, 372,
373, 374, 375, 376,
377
Alshuler, Walter
1948 — 179
Alswang, Ralph
1949 — 480, 535
Altgeld Club No. 1
1953 — 106, 107, 111
Altman, Dave
1951—230
Altman, George
1948-221
1951 — 267
Altman, Mischa
1943 — 60, 85
1947 — 261
1948 — 311, 314, 317
1949 — 688
Altrocchi, Rudolph
1943 — 284, 293, 294
Aluminum Workers
1959 — 94
Alvarez, Ida, Mrs.
1955—390
Alvarez, Larry
1955 — 390
Alvarez-Tostado, C.
1959 — 185
Alves, Bertram
1948—198, 318
Aly Betrayed
1949 — 654
Amalgamated Clothing
Workers
1959 — 103
Amalgamated Clothing
Workers, Local 42
1947 — 92
1948 — 243
Amalgamated Clothing
Workers Union
1953—61, 62
Amalgamated Lithogra-
phers of America,
Local 17
1947 — 92
Amar, Singh
1953 — 218
Amar, Singh
(different man)
1953—218
Ambellan, Harold
1948 — 189
Anie7-asia
1948 — 224
1949—381, 546
1959 — 191-192
America Declares Peace
1948 — 257
8— L-4361
America First Committee
1943 — 254, 273, 274
1949 — 89, 90
America for Americans
1943 — 280
American Artists and Writ-
ers Committee Med-
ical Bureau, American
Friends of Spanish De-
mocracy
1949—510
American Artists Congress
1947—82
1948—35
1949 — 270, 454
American Artists Group
1949 — 467
American Artists School
1949 — 452
American Artists Union
1943 — 129, 130
American Association for
Reconstruction in
Yugoslavia
1949 — 270, 467
American Association of
Scientific Workers
1948 — 318
1949 — 270
American Association of
University Professors
1951—99, 100
1955 — 390
1957 — 59
1959 — 75
American Authors'
Authority
1947 — 286, 287
1948 — 138, 189
American Bar Association
1951 — 262
1955 — 142, 143, 144
1959—126, 188, 191, 196,
201, 202
American Bar Association
Board of Governors
1959 — 202
American Bar Association
House of Delegates
1955—143
1959—196, 197, 202
American Bar Association,
President
1951 — 67
American Board of Exam-
iners in Professional
Psychology
1957—17
American Birobidjan Com-
mittee (Ambidjan)
1949 — 270, 533
American Birobidjan Com-
mittee, Southern Calif.
Divi.^ion
1951' — 267
American Board of In-
ternal Medicine
1955 — 210
American Board of
Pediatrics
1955—151
American Building
Maintenance Co.
1947 — 93
American Caravan, The
1948 — 254
American Civil Liberties
Union
1943 92
1948—5, 6, 107, 112, 179,
246, 319, 349, 353
1949^270, 445, 447, 518,
576, 613
1951 — 41, 260
1955 — 349, 455
1957—59, 70, 71, 100, 104,
112
1959 — 59, 83, 124, 127,
135, 144, 145, 146
American Civil Liberties
Union, Los Angeles
Chapter
1959 — 144, 146
American Civil Liberties
Union, Northern
California
1959 — 80, 204
American Civil Liberties
Union, Southern Calif.
Chapter
1951 — 260
American Civil Liberties
Union, Southern
California
1959 — 145
American Civil Liberties
Union-News
1948 — 111
American Coalition of Patri-
otic, Civic, and Frater-
nal Societies
1948 — 325
American College of
Physicians
1947 — 72
American Committee for a
Deniocratic Greece
1949—455
American Committee for a
Free Indonesia
1947 — 56
1948 — 112, 113, 225
1949 — 270, 271, 389, 549
American Committee for
Anti-Nazi German Sea-
men
1948 — 365
American Committee for
Anti-Nazi Literature
1948 — 334
1949 — 270
1953 — 176
American Committee for
Democracy and Intel-
lectual Freedom
1947—202
1948 — 61, 96, 112, 319, 320,
335, 342
1949 — 271, 452, 453, 454,
502
1951 — 92
1953 — 175, 280
1955 — 88
American Committee for
Democracy and Intel-
lectual Freedom to Dis-
continue the Dies Com-
mittee
1948 — 391
American Committee for
European Workers' Re-
lief
1949 — 271
American Committee for
Free Yugoslavia, The
1948 — 66
1949 — 127, 271
American Committee for
Friendship With the
Soviet Union
1948 — 38, 324
1949—271, 533
American Committee for
Indonesian Independ-
ence
1948—112, 113
1949 — 271
American Committee for a
Korean People's Party
1948 — 112
1949—270
226
UN-AMERICAN ACTIVITIES IN CALIFORNIA
American Committee for
Protection of the For-
eign Born
1947 — 45, 202, 219
1948 — 75, 96, 113, 114, 115,
122, 168, 319, 321,
334, 335, 336, 350,
365, 381, 390
1949 — 271, 280, 337, 450,
451, 455, 466, 502,
517, 522, 547, 551,
635
1951 — 92, 280
1953 — 176, 279
American Committee for
Russian Famine Relief
1948 — 114
1949—272
American Committee for
Spanish Freedom
1948—100, 102, 115, 116,
125, 139, 148
1949—272, 468
American Committee for
Struggle Against War
1948—67, 150, 324, 334
1949 — 272, 377
American Committee for
the Defense of Trotsky
1948—156, 189
American Committee for
Yugoslav Relief
1948—125, 126, 131, 132,
218
1949 — 127, 273
1951—59
American Committee in Aid
of Chinese Industrial
Cooperatives
1951 — 280
1953 — 247
American Committee of
Jewish Writers, Artists
and Scientists
1947 — 45
1948 — 103, 129, 130
1949 — 273
American Committee of Lib-
erals for the Freedom
of Mooney and Billings
1948 — 61
1949—273
American Committee to Aid
Korean Federation of
Trade Unions
1948—112
1949 — 273
American Committee to Aid
Soviet Russia
1948 — 141
1949 — 273
American Committee to An-
swer Attack on Public
Education
1953—176
American Committee to Save
Refugees
1947 — 45
1948 — 75, 141, 166, 175,
234, 270, 335, 368,
381
1949 — 273, 308, 324, 366,
468, 551
1951 — 92, 235
1953—171, 280
1955—88
American Communication
Assn. (CIO)
1943 — 141
1947—72, 163, 210
1948 — 141, 212, 339, 383
1949 — 475
1953 — 63
1955—417, 418
1959 — 41, 93, 99, 103, 104
A^nerican Communication
Assn., C.I.O. V. Douds
1955 — 61, 64
American Communication
Assn., Local 3 and 9
1947 — 90, 92
American Communism
1949 — 653
Am,erican Communism, a
Critical Analysis of Its
Origins, Development
and Programs
1959—27
American Communist Party
— see Communist Party
American Congress for
Peace and Democracy
1948 — 67
1949 — 273, 293
1953 — 171
American Congress to Free
Earl Browder
1947 — 202
1949 — 274
American Continental Con-
gress of Peace
1955 — 182
American Continental Con-
gress for "V^'orld Peace
1951—272, 273, 274
1953 — 247
American Continental Con-
gress for World Peace,
Chief Organizer
1951 — 272
American Council for Dem-
ocratic Greece
1949 — 109, 274, 313, 454,
502
1951 — 280
American Council for
Soviet Relations
1951 — 235
American Council Institute
for Pacific Relations
1948 — 168
American Council on Soviet
Relations
1947 — 202, 210
1948 — 35, 38, 65, 101, 115,
169, 176, 334, 357,
366
1949 — 274, 412, 453, 532
American Croatian
Congress
1948 — 66, 75
1949 — 274, 551
American Crusade to End
Lynching
1948—136
American Discount Co. v.
Wycroff
1949 — 255
American Embassy in Bel-
grade, Yugoslavia
1948 — 140
American Farm Bureau
Federation
1959 — 188, 197
American Federated Russian
Famine Relief Commit-
tee
1948 — 141, 169
1949 — 274, 412
American Federation for
Political Unity
1949 — 274
American Federation of
Govern. Employees
1943 — 130, 134, 137
1948 — 379, 380, 381
1953 — 130
American Federation of
Labor (A. F. of L.)
^^g^Q go
1947 — 4, 49, 50, 51, 53, 54,
70, 79, 87, 104, 161,
169, 170, 172, 175-
177, 188, 192, 229,
230, 260, 369, 370
1948 — 36, 37, 39, 41-43,
60, 70, 88, 116, 120,
223, 347, 379
1949 — 90, 109, 264, 275,
277, 3G4, 443, 472,
473, 475, 542, 551,
623, 631, 632, 647,
648, 705, 706
1951 — 41, S3, 205
1953 — 52, 59, 67, 125, 127,
130, 131, 140, 142,
148
1955 — 399, 424, 427, 431
1957 — 152
1959 — 23, 24, 29, 33, 37,
52, 89, 90, 93, 94
American Federation of
Labor Council
1953 — 62
American Federation of
Labor Press Association
1949 — 623
American Federation of
Labor Social Workers
1948—382
American Federation of
Labor Trade Union
Committee for Unem-
ployment Insurance and
Relief
1949 — 275
American Federation of
Musicians
1947—67, 177, 260
1948 — 311-315, 362
1949 — 419
American Federation of
Polish Jews
1955 — 388
American Federation of
Radio Artists
1947 — 194
1948 — 216
American Federation of
State, County and Mu-
nicipal Employees AFL
55
1948—55
American Federation of
Teachers
1943 — 115, 135
1948 — 280, 320
1953 — 145, 146, 165
1959 — 99
American Federation of
Teachers, Local 1021
1955 — 424
American Flag
1943 — 229
American Friends of Asia
1949 — 276
American Friends of
Czechoslovakia
1948 — 145
1949—275
American Friends of Soviet
Russia
1953—58
American Friends of
Spanish Democracy
1948 — 66, 147, 191, 319,
324, 335, 336
1949 — 275, 454, 510
1953—171
1955 — 88
INDEX
227
American Friends of the
Chinese People
1947—45, 191, 313
1948—35, 66, 142-144, 211,
335
1949 — 275, 371, 452, 454
1951—238
American Friends of the
Mexican People
1948 — 35
1949 — 276
American Friends of the
Soviet Union
1949 — 276
American Friends of the
Spanish People
1948—35
1949 — 276
American Friends Service
Committee
1953 — 250
American Fund for Public
Service
1948 — 145, 247, 336
1949 — 276, 308, 312, 369,
395, 396, 460
American Gallery Films
1948—373
American Guard
1943 — 259
American Heart Associa-
tion
1955 — 210
American Hungarian
Woman's Circle
1951—267
American Institute of
Pacific Relations
1949 — 694
American Institute of
Public Opinion
1949 — 661, 665
American l.ivestors Union
1948 — 334
1949 — 276
American Jewish Committee
1948 — 146
1949 — 694, 695
American Jewish Congress
1948 — 145, 146, 149, 221
318, 355
1949 — 277, 695
1951 — 57, 265
American Jewish Labor
Council
1949 — 277, 438, 647, 648
American Jewish League
Against Communism
1949 — 277, 647, 648
1959 — 213
Atncrican Journal of
Medicine
1955 — 221
American Journal of
Physiology
1955—221
American Labor Alliance
1949 — 158, 277
American Labor Committee
Against War
1947 — 202
1949 — 277
American Labor Movement
1943^76
American Labor Party
1948 — 41, 339
1949 — 277, 352, 449, 450,
503, 508
American League Against
War and Fascism
1943 — 93
1947 — 219, 314
1948—35, 98.106, 124, 128
149, 150, 176, ISO
196, 223, 320, 324
333-336, 366
1949—147, 277, 278, 286,
346, 368, 387, 454,
487, 488
1951 — 275
1953 — 161, 174,
1955—420
1959 — 140
American League for
Ex-Servicemen
1949—279
American League for Peace
and Democracy
1943—135
1947 — 202, 209
1948 — 6, 33, 35, 67, 96,
141, 142, 147, 149,
150-154, 180, 181,
196, 246, 267, 319,
327, 334, 335, 342,
366, 377
1949 — 147, 273, 278, 279,
289, 294, 299, 307,
334, 339, 342, 350,
354, 362, 372, 387,
452, 453, 454, 455,
461, 464, 488, 656
1951—59, 275
1953 — 104, 172
1959—112, 140
American League of
Christian Women
1943 — 259, 260
American League of Bx-
Servicemen
1949—374
American League of
Writers' School
1949—421
American Legion
1943 — 7, 99
1945 — 6, 58
1947_5, 34, 229, 230, 293
1948—16-19, 41-43, 127,
171, 246, 384
1949 — 637, 650, 652, 657,
670, 675
1951 — 101, 254, 268
1959—130, 167, 201, 210,
213
American Legion Auxiliary
1948 — 15-19
American Legion Book
Service
1949 — 654
American Legion Magasine
1947 — 214
1949 — 652
1951 — 282
1955—43
American Medical Associa-
tion (A. M. A.)
1943 — 104
] 953 139
1955_74, 75, 107, 128
129, 130, 133, 210
215, 217, 218, 219
220, 376
American Medical Associa
tion, House of Dele
gates
1955 — 126, 129
American Mercury
1947 — 81
1948 — 104-360
1953 — 200
1959—157, 183
American Negro Labor
, Congress
1948—333
1949 — 174, 279
1957—119
288, 381,
170,
267
104,
332,
367,
1949—89,
281,
342,
379,
147,
292,
371,
250,
321,
351,
380
280,
296,
412,
452,
American Newspaper Guild
1945—117
1949 — 451
1959 — 93, 94, 98, 99
Ar)ierican Opinion
1959—19
American Peace Crusade
1943 — 93
1947—170
1948—67, 106, 133, 154,
155, 160, 161, 165,
250, 319
1949 — 147, 280,
617
19 53—247
1955 — 175, 343
American Peace
Mobilization
1943 — 96
1947 — 20, 60, 81, 83,
202, 210, 219,
1948—33, 67, 93, 96,
124, 133, 137, 141,
150, 154, 155, 160-
165, 169, 211,
251, 257, 275,
340,
377,
90,
284,
343; 364,
420, 448, 451,
453, 454, 455, 466,
488, 541, 542, 617
1951—275, 276
1953—67
1959—137,139, 140
American Peace Mobiliza-
tion Conference
1948 — 115
American People's Fund
1948 — 168, 376
1949—280, 295, 303, 308,
338, 359
American People's Meeting
1948 — 165
1949 — 281
American People's
Mobilization
1948 — 150
1949 — 281
American Personnel and
Guidance Associaticr.
1957—17
Am.erican Physiological
Society
1955—221
American Polish Labor
Council
1949 — 124, 281
American Polish Society
1955 — 10
American Presbyterian
Hospital
1955 — 118
"American Professor
1959—102 _ ^
American Progressive Party
1949—486
American Progressives
1949 — 527
American Progressives De-
fending the Moscow
Trials
1948—123, 176, 365
American Pro-Japanese
Organizations
1945—62
American Psychological
Association
1957 — 17
American Pushkin Com-
mittee
1948 — 320, 335
1949—281
228
UN-AMERICAN ACTR'ITIES IN CALIFORNIA
American Quarterly on the
Soviet Union
1948^169, 224
1949 — 382
American Red Cross
1948—357
American Relief for Greek
Democracy
1948 — 168, 169
1949 — 281
American Relief Sliip to
Spain
1947 — 210
1948 — 335
1949 — 281
American Rescue Sliip
Committee
1948—270, 350
American Rescue Ship
IMission
1949—282, 468
American Review of Soviet
Medicine
1949—532
American Review on the
Soviet Union
1948 — 169
1949 — 382, 412, 466
American Revolutionary
Writers' Congress
1948 — 196
American Round Table on
India
1948 — 336, 353
1949—282
1953 — 173
American-Russian Corpora-
tion
1949—543
American-Russian Council
1948 — 327
American-Russian Cultural
Exchangre
1951—57, 59
American-Russian Fra-
ternal Society
1949—466
American-Russian
Institute
1947—88, 89, 103
1948 — 38, 65, 101, 123,
168-172, 176-178,
217, 218, 225, 237,
325-327, 353
382, 402, 412,
466, 532, 539,
263,
269,
277,
264,
270,
281,
128, 132, 137,
261,
1949—280,
460,
540
1951 — 130, 133, 142, 153
258, 286, 289
1953 — 1, 247,
265, 266
272, 274
1955 — 185
1957 — 133
1959 — 48,
144
American-Russian Institute
for Cultural Relations
With Russia
1948 — 246, 334
1949-282, 412
American-Russian Institute
for Cultural Relations
With the Soviet Union
1953 — 272
American-Russian Institute
of Los Angreles
1953—272
American-Russian Institute
of New York
1949 — 282
American-Russian Institute
of Philadelphia
1949—282
American-Russian Institute
of San Francisco
1949 — 282, 547
1953 — 265, 268, 273, 276
1959 — 40
American-Russian Institute
of Southern California
1949 — 282
American-Russian Institute
Peace Committee
1953 — 268
American-Russian Music
Corporation
1949 — 282
American-Russian Music
Publishers
1949 — 533
American-Russian-Ukrain-
ian Fraternal Home
1955 — 389
American-Slav Congress
1949 — 124, 127, 282, 401,
414, 461, 551
1951 — 280, 283
1955 — 43
American Social Democrats
1949 — 692
American Socialist Labor
Party
1949 — 172
American Society for Cul-
tural Relations With
Russia
1949-283
1953 — 172
American Society for Rus-
sian Relief
1949 — 532
American Society for Tech-
nical Aid to Spain
1947—313
1948 — 367
American Society for Tech-
nical Aid to Spanish
Democracy
1949 — 283
American-Soviet Friendship
Rallv
1949 — 533
American-Soviet Medical
Society
1949—421
1959-208
American-Soviet Music
Society
1948 — 323, 392
1949 — 283, 532, 538
American-Soviet Science
Society
1948 — 323
1949— 2S3, 533, 538
American Student Union
1943 — 115
1947 — 81, 116
1948—5, 33, 115, 159, 178,
179, 182, 196, 335,
336, 338, 341, 377
1949 — 90, 91. 147, 283,
343, 368, 403, 454,
455. 542, 560
1951 — 9, 10, 19, 37, 78
1953 — 101, 135
1955 — 420
American Technical Aid
Society
1949 — 284
American Trade Unionism,
Principles and Organi-
sations, Strategy and
Tactics
1959 — 91
American Trust Company,
Grand Avenue Branch
1953 — 265
American Unitarian Church
1951—153
American Veterans Com-
mittee
1947 — 196, 228, 230, 231
247
1949 — 437
1951—25, 101
American Veterans of
World War II
1947—231
American Women for Peace
1955 — 392
American Writers Assn.
1947 — 286
American Writers Congress
1945 — 120, 124, 127, 128,
134
1948 — 35, 38, 52
1949 — 284
American Writers' School
1947 — 70
American Writers Union
1943-128, 129, 130
1959 — 137
American Youth Congress
1943 gg
1948 — 54, 115, 148, 162,
179, 180-182, 185,
195, 334, 342, 383
1949 — 147, 284, 285, 408,
452-455, 542, 560,
1951 — 9, 10, 11
1953 — 135, 140, 174. 176,
198
1955 — 420
1959 — 20, 130
American Youth for a Free
World
1949 — 285, 378
American Youth for
Democracv
1947 — 21, 24, 28, 37, 39,
47, 60, 61, 71, 72,
75, 82, 95, 96, 97,
100, 103, 119, 180,
187, 188, 189, 190,
191, 198, 199, 202,
228, 230, 245, 246,
247, 249, 252, 253,
254, 259, 260. 267,
269, 278, 306, 313,
.'<69
1948 — 35, 38, 47, 48, 54,
60, 62, 63, 102, 116,
130, 134, 136, 137,
143, 147, 149, 182-
190, 203, 224, 225,
252, 253, 277, 280,
281, 309. 318, 334,
339, 340, 370. 379
1949 — 285, 288, 290, 311,
343, 361, 366, 377,
379, 380, 382, 387,
403, 404, 410, 422,
449, 450, 454, 455,
467, 470, 472, 542,
543, 546, 547, 558,
560, 561, 562, 563,
610, 678, 705
1951—13, 15, 19, 25, 26,
31, 32, 33, 35, 57,
63, 111, 265
1953 — 70, 91, 97, 99, 102,
118, 120, 126, 135,
195, 245, 255, 258,
260, 272, 280
1955 — 4, 173, 203, 239,
406, 409, 420, 437,
439, 440, 453
1957 — 5. 21
1959 — 84, 114, 137
American Youth for Democ-
racy. Executive
Secretary
1951-25, 31
INDEX
229
American Youth foi' Democ-
racy, Northern
California
1953 — 259
Americanism Commission of
tlie American Legion
1951 — 3
Americanism Educational
League
1948—17
Americanism of Mr.
Mudgett
1948 — 342
Americans in the U. S. 8. R.
1953 — 273
America's Tenth Man
1948 — 369
Amerikadentscher, Volks-
bund
1943 — 229
Ameringer, Oscar
1948 — 163
Ames, John
1948 — 196
Ames, Walter M., Jr.
1947 — 117
Ami, Jacob Ben
1948—114
Amlie, Thomas R.
1948 — 181, 244
Ammons, Forrest
1948—220
Among Friends
1948 — 49, 224
1949 — 382, 546
Amster, Lou
Amsterdam World Congress
Against War
1948 — 149, 150
1949 — 377
Amter, Israel
1947 — 12
1948 — 151, 176, 336
1949—157, 177-179, 453,
454, 520
1951 — 260
1953 — 174
Amtorg Trading Corp.
1949 — 678
1951 — 180
Amvets
1948 — 16-19, 43
An Armed People Oppose
Armed Counter-Revo-
lution
1953 — 240
An Evening for the Lab
1948 — 159
An Open Letter to American
People
1948 — 136
An Outline of Russian
Literature
1949 — 539
Analysis of the Idth Annual
Convention of the Com-
munist Party of the
United States
1959 — 43
Anang, George K.
1947—56
1948 — 113
Anchor Club
1948 — 15, IS, 19
Ancient Egyptian Order of
Sciots
1948 — 17, 18
Andersen, Georg'e
1959 — 124
Anderson, Bruce
1948 — 215
Anderson, Charles
1948—185
Anderson, Clinton H.
1951 — 244, 245, 246, 247,
248, 250, 252, 254,
256
Anderson, David L.
1948—15
Anderson, Dolores
1948 — 185
Anderson, George
1943—186
1947 — 89, 149, 189
1948 — 215, 265, 266, 299,
332, 358
1949 — 425, 542, 688
Anderson, George R.
1953 — 175
1959 — 132-133
Anderson, Rev. J. Raymond
1948—203
Anderson, Kurt
1949 — 480
Anderson, Martin
1947 — 50
Anderson, Maxwell
1948—260, 323, 330
1953 — 131
Anderson, Ray
1945 — 20
1948—94
1949 — 554
Anderson, Sherwood
1948 — 151, 199, 270, 310,
338
1953 — 151
Anderson, Mrs. Sherwood
1948—227, 278
1949 — 456
Anderson, William A.
1949 — 449
Anderson-Berney Bldg. Co.
V. Lowry
1949 — 256
Andre, Carole
1953 — 94, 95, 96, 97, 98,
106, 107, 108, 112,
113, 114, 115, 116,
1955 — 454
Andrews, Robert
1948 — 251, 254
Andriano, Sylvester
1943 — 284, 291, 292, 297,
300, 301, 303, 306,
307, 309, 310, 318,
319
Angell, Ernest
1948—109
Angell, Phillip
1951 — 232
Angeloff, Sylvia
1953 — 40
Anglo-American Institute
1953 — 271
Annand, Jack
1947—50
Annone, Pauline
1948 — 186
1949 — 562, 563
Anshen, Eleanor
1947—94
Anshen, Robert
1947 — 91, 94
Antenine, William
1948—287
Antheil, George
1948—254, 311, 317
1949 — 480, 489, 499, 513,
523, 526, 688
Anthony, Earle E.
1947 — 181, 182
Anthony, Robenia
1949 — 480, 489, 499, 504,
. 512, 517
Anthony, II, Susan B.
1948 — 201, 228-230
1949 — 457, 458
Anti-American Agitation
1949 — 174
Anti-Axis Committee
1943 — 345
An ti -Communist Federation
1943 — 259
Anti-Communist Northwest
Military Council
1948 — 144
Anti-Defamation League
1943 — 7
1945 — 6
1947—5
Anti-Duhring
1949 — 190, 191
Anti-Duhring Revolution,
The
1951 — 153
Anti-Fascist Alliance of
North America
1949 — 174
Anti-Fascist Refuge
Committee
1951 — 40, 234
Anti-Hearst Examiner
1943—119
Anti-Imperialist League
1949 — 461
1959—137
Anti-Imperialist War Line
1949 — 136, 137, 138, 460,
461, 468, 472, 542,
544, 553, 563
Anti-Nazi League
1943—42
1948 — 33
1949—88
1955 — 456, 457
1959 — 137
Anti-Nazi News
1948 — 188, 250, 341
1949 — 382, 396, 397
Anti-Nazi Student Congress
1959 — 45
Antioch College
1948—325
1949 539
Anti-R.O.T.C. Committee
1943 — 98
1959 — 130
Anti-Semitic Policy
1943^248
Anti-Semitism
1943 — 247, 248, 253, 284
Antiseptic Squad
1943 — 65
Anti-"War Committee
1943 — 98
1959 — 130
Antolish v. Paul
1949—247
Antonini, Linzi
1948—181, 327
Antonofsky, George
1948—338
Antonyerk, Nina
1948 — 171
Anvil
1957 — 65, 67, 69
Apenfels, Ethel J.
1953—285
Appeal for Laurence
Simpson
1948 — 335
1949—286
Appeal to Lift Spanish
Embargo
1949 — 507, 510
Appeals of Communism, The
1957 — 85, 100
Appel, Charlotte
1955 — 423
Applebaum, Julius
1959 — 202
230
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Appelman, Dr. David
1948 — 170, 171, 241
1949—422. 688
Appleman, Ruth
1948 — 227
1 9 ,5 3 J 3 j
Appleton, David
1947—71, 95, 257
Appleton, ^Villiam
1951—229
Apresian, Mr. Stephan
1948—171
Ajiril Conference
1949 — 192
Aptheker, Herbert
1949—480, 489, 499, 501,
506, 508, 513, 516,
519, 520, 522, 529,
530, 536, 537
1951 — 271, 272, 278
1957—11
1959—185
Arbeitcr Dcr
1949 — 382
Arbelaez, Enrique P.
1951 — 273
Aragan, Louis
1947 — 106
Aratania, Shigemi
1943 — 337
Archer, Corliss
1955—447
Archer, Prank
1948 — 338
Architectural Environment
of Modern Culture
1948 — 311
Archives of Internal
Medicine
1955 — 221
Arden, Betty
1943 — 130, 135
Arderino, Madeleine L.
1948—181
Ardrey, Robert
1948 — 211
Arens, Mr.
1953 — 142
Areson, Clinton
1948—375
Arjan, Singh
1953—219
Arkatov, James
1955—386
Arkin and Weissman
1955 — 409
Arkin, Sandy
1955 — 391
Arlen, Harold
1948 — 317
Arlington Heights School
1953 — 271
Arlt, Gustane
1945 — 116
Armaoost, George H.
1953—133
Armenian Progressive
League
1955—390
Armenian Prog-ressive
League of America
1949 — 286
Armenta, Isidore
1947—96
Armenta, Jesse
1943 — 210, 217
Armenza, Jessie
1945 — 182
Arms, John Taylor
1948—323, 330
Armstrong
1953 — 206
Armstrong, Arnold B.
1945—121
Armstrong, Henry
1947—96
1948—185, 186
1949—562
Armstrong, Margaret
1948—277
Army Air Corps
1959—175
Army Signal Corps
1959—175
Arnaud, Leon
1948 — 311
Arnautoff, Victor
1947 — 88, 91
1948 — 216
Arndt, Elmer J. p.
1949—449
Arndt, Mrs. W. B
1948 — 15
Arnold, Emil
1948—266
Arnold, John
1948 — 119
Aron, Burno
1949 — 480
Aron, Wellesley
1948—146
Aronberg. Philip
1949 — 178
Aronson, James
1949 — 480, 499
Art Committee
1948 — 323
Art Is A Weapon
1947 — 92, 106
Art Young Branch of the
Communist Party
1948—215
Artef
1948—188
1949 — 286
Artef Theatre
1048 — 188
Artford, Kenneth
1947 — 72
Arthur, Art
1948—372
1955 — 441, 442, 446
Artliur, Chester A., Jr.
1948 — 266
Arthur, Jean
1948 — 254
Articles on India
1953—224
Artists and Writers Guild
1049 — 286
Artists Committee to Win
the "War
1948—52
Artists Fight Back
1948 — 139, 140
Artists Front to Win the
War
1947 — 191
1948 — 52, 97, 98, 99, 124
136, 188, 192, 367
1949 — 286
1951—58, 60
1953 — 280
Artists, Sciences and Pro-
fessions Council
1953 — 97
Artists Union
1949—354
1959 — 94
Artman, Florence
1943 — 136
Arts Advisory Council
1947 — 94
Arts, Sciences and Profes-
sions Council
1949—316, 476, 477, 478
517
1951—59, 271, 277, 289
1953—1, 107, 119, 120,
267, 277, 280
1955—91, 96, 97, 99, 106
109, 135, 161, 166
168, 176, 182, 185
188, 203, 231, 235
236, 238, 247, 248'
249, 260, 261, 292.
293, 294, 295, 296,
297, 303, 305, 310
311, 313, 316, 320
322, 332, 336, 339
340, 341, 342, 343
344, 345, 348, 350,
351, 354, 358, 359,
361, 362, 363, 364
366, 373, 384, 385,
386, 390, 392, 393
448, 461
1959 — 34, 128, 207
Arts, Sciences and Profes-
sions Council, Medical
Division
1955—98, 107, 137, 138
159, 167, 168, 173'
175, 181, 189, 203
207, 220, 230, 231
236, 240, 248, 249'
250, 254, 255, 256!
258, 261, 262, 264
290, 291, 293, 301,
302, 306, 311, 312
313, 317, 318, 319,
320, 322, 324, 352,
357, 358, 359, 361,
382
1959—207
Arts, Sciences and Profes-
sions Council, Medical
Division, Committee
Against Discrimination
1955 — 317. 318, 319, 320
322, 324, 325
Arts, Sciences and Profes-
sions Council, Medical
Division, Executive
Board
1955—231, 236, 256, 257
262, 291, 305, 307!
309, 310, 313, 316,
338, 354
Arts, Sciences and Profes-
sions Council, Architec-
ture and Engineering
Division
1955 — 318, 319, 321
Arts, Sciences and Profes-
sions Council, Equal
Rights Conference
1955—168, 236, 250, 258
Arts, Sciences and Profes-
sions, Hollywood Thea-
ter
1955 — 298
Arts, Sciences and Profes-
sions Council, Peace
Committee
1955—231, 296, 299, 302
341
Arts, Sciences and Profes-
sions Council, Science
and Education Division
1955—305, 306, 307, 319
Arts Union Council
1943—165, 166
1948—316
1951—83
1959 — 20
Arvln, Newton
1945—127
1948—248, 273, 338
1949 — 471
Aryan Book Store
1943 — 226, 229, 234
Asbel. Bernard
1948 — 392
Asch, Moe
1949 — 543
INDEX
231
Asch, Nathan
1915—121
194S— 266
Ascher, Charles S.
194S — 109
Asen, Simon
1949 — 4S0
Ashbv, George
1947 — 226
Ashton, Marion
1948 — 15
Ashwell, George Governeur
1943 — 356, 377, 379, 382
Askew, Maude
1043—382
Askey, E. Vincent, Dr.
1955 — 128, 129, 130, 131,
132, 133
ASP (See Arts, Sciences
and Professions Coun-
cil)
Aspects of China's Anti-
Japanese
1952—238
Asnerlin
1949 — 255
Asninwall High School
1951 — 237
Assembly Committee
1959 — 27, 127
Assembly Concurrent Reso-
lution No. 13
1943 — 5, 386, 388
Assembly Concurrent Reso-
lution No. 59
1945 — 5
Assembly Relief Investigat-
ing Committee
1949 — 129, 130, 701, 702
Assignment in Utopia
1943 — 19
Assignment to Berlin
1945—15, 17
Associated Farmers
1948—15, 17, 18, 19
Associated Farmers of
Orange County
1955 — 36, 37
Associated Film Audiences
1948 — 167, 193, 225
1949 — 286, 387
1953 — 176
Associated Magazine Con-
tribvitors. Inc.
1948-49
1949—460
Associated National
Bookshops
1949 — 286
Associated Press
1949—67, 114
Associated Students,
U. C. L. A.
1957 — 33
Association for Jewish Col-
onization of the Soviet
Union
1949 — 549
Association for the Ad-
vancement of Science
1955 — 210
Association Nacional Mex-
ico Americana
1955—390
Association of Industrial
Sciences
1947 — 210
Association of Internes
and Medical Students,
(AIMS)
1955-80, 83, 86, 87, 152,
156, 157, 160, 161,
381, 3S2
Association of Lithuanian
Workers
1949—287
Association of Medical
Students
1955—87, 382
Association of National
Advertisers and the
American Association
of Advertising Agencies
1949—660, 661, 669, 673,
675
Association of Veteran
Home Buyers
1953—102, 103
Ateman, Edward
1948—378
1949 — 557
Atherton, Leigh
1953—93
Atkinson, Brooks
1948—188
1949 — 51
Atkinson, Cyril
1947 — 89
1949 — 425
Atkinson, Harry
1951 — 267
Atkinson, N. P.
1949 — 549
Atkinson, William, Dr.
1955 — 309, 315
Atlanta Federal Peniten-
tiary
1948—200, 214
Atlanta Ordnance Base
1955 — 404
Atlantic Charter
1949—15
Atlantic Pact
1949 — 413, 472, 540
Atlas, Leopold
1948 — 389
Atlee, Prime Minister
Clement
1953—226, 227
ATOLA
1955—431
Atomic Bomb Research
1947—205
Atomic Energy Commission
1955—50
Attorney General of the
United States
1959—138, 140, 141, 142,
182
Attorney General's List
1959-138, 146
Atwater, Dr. H. Gale
1948 — 358
Atwater, Edith
1949—480, 489, 499, 503
Auden, AV. H.
1948 — 330
Auer, Mischa
1948—358
Auslander, .Jacob, Dr.
1959 — 184
Austin, R. G.
1945 — 45
1948 — 338
Australian Communist
Party
1951 — 498
Australian Royal Commis-
sion
1955—394
Austrian Communist Party
1949 — 172
Austrian, Spencer
1943 — 125
1948 — 332
1949 — 542
Austro-American Council
1949 — 287
Ausubel, Nathan
1949 — G25
Authors' League
1947—286, 287, 288
Auto-Tech Garage
1948—343
Averbuck, Alvin
1948 — 214
1953 — 110, 111
Averbuck, Evelyn
1953—111
Avery, R. S.
1945 — 137
1947 — 71, 96, 179, 189
1948 — 185
1949—419, 422
Avery, Stephen Morehouse
1948-210
Axelrod, William
1949—688
1959 — 99
Axelrod, Jeanette
19 48 — 375
AYD Club
1953 — 259
AYD in Action
1948 — 224
1949 — 382, 547
Aydelotte, Dr. Frank
1948 — 323
Ayeroff Brothers
1948 — 343
1949 — 688
Ayeroff, Joseph
1943 — 159, 100
Ayers, James M.
1948 — 338
Azad, Prithi Singh
1953 — 223
Azad, Teja Singh (SeeTeja
Singh Azad)
Azember
1949—181
B
Baarslag, Karl
1949^601, 606, 608, 629,
634, 637, 647, 677
1951 — 269
Babb, Sonora
1943 — 164, 166
1951 — S3
Baber, Zonia
1948—273
Bacall, Lauren
1948 — 210
Baccoccini, Angelo
19 43^304
Bachelis, Lee
1948—106, 132, 160, 198
1949 — 688
1951—60
1955 — 299, 301, 302, 315,
353, 360
1959—127
Bachelis, Selma Mikels
1947—251
1951 — 260, 267
1959 — 127
Bachrach, Marion
1948 — 318
Bachus, George
1948 — 355
Bachus, Henry
1948 — 355
Bachus, Jim
1948—355
Backus, John
1951 — 229
Bacon, Sir Francis
1947 — S5
Bacon, Elizabeth M.
1948 — 226, 343
Bacon, Leonard
1948—330
Bacon, Merriel R.
1948—209
232
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Baer, Ellen
1948 — 355
Baer, May
1948 — 355
Baetcke, Drucilla (Mrs.
Max Schoen)
1955 — 298
Baffa, Frank
1948 — 259
Bailev, Ezra
1947 — 226
Bailev, Gus
1948 — 333
Bailev, Harry
1948 — 280, 311, 313
Bailey, William
1948 — 94, 185, 218, 297
1949 — 554
Baird, Max
1949 — 547
Baker, Dr. Alonzo
1948 — 171
Baker, Beverly
1955 — 392
Baker, Bill
1951 — 230
Baker, Charles
1948—243
Baker, Chester
1947 — 152, 164
Baker, Eddie
1955 — 391
Baker, Enos J.
1948—214
Baker, Dr. Frank
1948 — 151, 325
1949 — 539
Baker, George T.
1943 — 251-253, 275, 281,
284, 291
Baker, Hart
1948 — 95
Baker, James
1955 — 392
Baker, James C.
1948 — 320
Baker, Bishop James
Chamberlain
1948 — 109, 114
Baker, Josephine
1955—296
Baker, Melville
1948 — 372
Baker, Miriam
1955 — 391
Baker, Mr. and Mrs. Percy
1948 — 216
Baker, William
1948 — 94
1949 — 554
Baker, Miss Wilma
1948 — 198
Bakery Drivers Local 276
1947 — 50
Bakery Wagon Drivers
Salesmen, Local 484
1947 — 90, 93
Bakesy, Charles G.
1943 — 61
Bakewell, Bernard K.
1948 — 15
Bakunin, Michael
1945 — 68
1947 — 9
1953 — 9, 10, 21, 22, 23,
25, 29, 30, 32
Balaliap, Juan
1949 — 181
Balamuth, Lewis
194S — 179
Balbanoff, Angelica
1949 — 160, 161
Balch, Prof. Marston
1949 — 480
Baldulf
1957—58
Baldwin, C. B.
1947 — 184
1948 — 354, 392
1949 — 543
Baldwin, Joseph Clark
1948 — 323
Baldwin, Roger N.
1948 — 107, 145, 151, 179,
181, 194, 200, 244,
247, 333, 338, 351
1949 — 6 88
Bales, William
1949 — 480
Baliga, Dr. A. V.
1953 — 233
Balint, Alex
1948 — 205
Balint, David
1948 — 205
Baliol College
1953 — 231
Ball, Lucile
1943 — 127
Ballam, John J.
1949 — 178
Ballard, Benjamin Franklin
1943 — 258
Ballard, "W. W.
1949 — 480
Ballila
1943 — 301
Ballot. Southern California
Chapter of the Na-
tional Council of the
Arts. Sciences and Pro-
fessions
1955 — 343, 344
Ballou, Walter
1943 — 161
Balokovic, Zlato
1948—113, 114, 126, 131,
168, 208, 265, 323,
374
1949 — 415, 449, 455, 480,
489, 494, 499, 503,
505, 509, 512, 513,
515. 517, 518, 519,
522, 524, 530, 531,
534, 537, 538
1951—271, 287
1953 — 131, 172
Balokovic, Mrs. Zlato
1951 — 286
Baiter, Harry Graham
1948-151, 152, 249
Baiter, Sam
1947—180, 181, 183
1948 — 198, 202, 279
1949 — 688
Baltic Riddle, The
1948 — 326
1049 — 539
Baltic Soviet Republic, The
1947—114
Baltimore Sunday Sun
1948 — 124
Baltisky, N.
1949 — 67
Balzer Department Store
1951 — 267
Bancroft, Frank C.
1948 — 163, 375
Bancroft, Frank Carter
1959 — 176
Bancroft, Philip, Jr.
1948—15
Banenberger, Weston
1955 — 391
Bangal Corporation
1953—231
Bangs, Mrs. Grace Allen
1948 — 228
1949 — 458
Bank of America
1943 — 286
Banke, Evelyn
1955 — 416
Bankhead, Thomas
1949 — 437
Bankhead, William G.
1955 — 409
Banks, Joan
1948 — 355
1953—286
Banning Live Wire
1948—20
Barahal, Allan
1949—429, 430
Barankovic, Istvan
1949 — 114
Baras, Joseph
1948 — 341
Barber, Carl
1951 — ^229, 230
Barber, Samuel
1948 — 330
Barbers Union, Local 48
1947 — 80
Barbour, Josephine C.
1949 — 480
Barbour, Katherine
1948—375
Barbussi, Henri
1945 — 119
1947 — 106
1948 — 149, 246, 266, 384,
385
1949 — 318, 368, 377, 487
1953 — 175
Barclay, Rev. Wade
Crawford
1949 — 480, 506, 507, 530
Bard, Phil
1948 — 244
Barilone, John
1948 — 233
Barkan, Camille
1948 — 184
1949 — 561
Barker, Mary C.
1948 — 278
Barker, Oner B., Jr., Dr.
1955 — 79. 277, 286, 287,
367, 380, 393
Barlin, Paul
195.5 — 387
Baric, Ed
1947 — 90
Barlow, Edward
1951 — 280, 281
Barlow, Jarvis
1948 — 355
Barlow, Sam
194S — 392
1949 — 480, 484, 499, 505,
507, 509, 513, 517,
519, 543
Barlow, Samuel L. M.
1948 — 327
Barlow' Sanitorium
1955 — 98
Barmine
1949 — 62
Barnes, Carol
1948 — 8. 215, 220
Barnes, Clifford W.
1948—323
Barnes, Edward L.
1948 — 62
1949—470
Barnes, Dr. Harry Elmer
1948 — 109, 181, 196, 211,
247, 248, 265, 351
1949 — 688
Barnes, John
1948 — 279, 383
INDEX
233
Barnes, Joseph
1948 — 341
1959 — 174
Barnes, Joseph Fels
1948 — 357
Barnes, Mrs. Kathleen
1948 — 170
Barnes, Mary Natividad
1955 — 391
Barnes, Roswell P.
1948 — 193
Barnett, Eugene B.
1948 — 322
Barnsten, Louise
1947 — 88
Barnum, Carl
1948 — 195
Barnum, Prof. Cyrus P., Jr.
1949 — 480, 489
Baron, Isabel
1948 — 184, 185
1949 — 561
Baron, Lou
1943 — 159, 162
1947 — 64, 65, 74, 169
1949 — 417, 418
Baron, Rose
1948 — 266
1949 — 179
1955 — 389
Baroway, Leo
1948 — 213
1949 — 545
1951 — 188, 190
Barr, Arvil S.
1953 — 151
Barr, Mrs. Clinton M.
1948 — 333
Barran, Joseph
1948 — 94
1949 — 554
Barrett, Edward L., Jr.
1959—49
Barrie, Lee
1948 — 355
1955 — 387
Barrier, Edgar
1948 — 356
Barrigan, Andy
1943 — 155
1948—182
1949 — 560, 688
Barrigan, Andrew
1959 — 99
Barron, Samuel
1949—546
Barrows, Alice
1948 — 151, 226, 328
1949 — 480, 488, 489, 499,
509, 512, 516, 528,
530
Barrows, Alice Prentiss
1959 — 174
Barry, Frank D.
1943—275, 277
Barry, John D.
1948 — 358
Barry, John M.
1957 — 31
Barry, Katherine Dixon
1943 — 275
Barsky, Edward K., Dr.
1948 — 125, 231, 234, 271,
350, 353, 376
1949—342, 460, 468, 480,
489, 499, 501, 503,
506, 508, 509, 511,
512, 513, 515, 519,
520, 531, 534, 688
1951 — 92, 271, 272, 275
1953 — 131, 171, 172
Barsky, George
1953 — 174
Barsky v. United States
1955 — 61
Bartlett, Noel
1947—211
1951 — 77, 229, 230
Bartlett, Sy
1948—211
1955 — 456, 457
Bartman, Mrs. Fred
1959 — 212
Baruch
1949 — 43
Baruch, Dorothy
1947 — 96
1948 — 279
Barzin, Leon
1948 — 311
Barzman, Ben
1947 — 73
Bashore, Lee
1949—702
1951 — 1
Basky, Louis
1957 — 87
Bass, Basil
1948 — 169
1949 — 412
Bass, Charlotta
1959 — 185
Bass, Charlotta A.
1945 — 137, 139, 182, 185,
208
1947 — 47, 67, 79. 89, 93,
1948—59! 183, 184, 185,
190, 202, 203, 204,
215, 221, 279, 320,
330, 344, 346, 355,
375, 378
1949—419, 424, 478, 548,
557, 688
1951 — 53, 56, 57, 58, 59,
250, 251, 255, 264,
268, 272, 275, 281
1955 — 383, 387, 422
Bass, Elbert
1948 — 184
1949 — 561
Bass, Naomi
1955—386, 391
Bass, Saul
1955 — 387
Bassett, W. J.
1947—48, 49, 50, 51, 52,
192
Bassett, W. K.
1943 — 150
1948 — 341
1949 — 397
Basshe, Emjo
1945 — 119
1948 — 270, 273, 278
1949 — 471
Bassman, George
1948—314
Bassman, Melvin
1948—179
Bassols, Narcisso
1951 — 273
Bath, Cyril
1949 — 538
Batiste, Calvin
1948 — 215, 220
Batt, Hon. William L.
1948 — 323
Battaglini, Rene
1948 — 358
1949 — 688
Batten, L.W.
1949^601
Battle, George Gordon
1948 — 248
Bauer
1953 — 9
Bauer, Catherine
1947 — 202, 209
1948—151
Bauer, Hans F.
194.3 — 225, 242, 243
Bauer, Katherine
1953 — 172
Bauer, Marion
1948 — 311
Bauer, William P.
1943 — 225, 235, 236
Bauers, Louisa, Mrs.
1955 — 388
Baum
1947 — 203
Baum, B.
1949—501
Baum, Prof. Bernard
1949—480, 527
Bauman, Harry
1948 — 146
Bauman, Mordecai
1949—480, 499, 514, 519,
520
Baumgartner, D. Leona
1948—227
Bavaria
1943 — 218, 219
Baxter, Charles
1948—383
Baxter, David
1943^225, 243
Bay Area Committee to
Save the Rosenbergs
1955—403
Bay Area Council Against
Discrimination
1947—209, 210
Bay, Emanuel
1948 — 311
Bay, Howard
1948 — 96, 132, 162, 189,
328 378
1949 — 44s', 449, 480, 488,
499, 501, 503, 515,
517, 521, 522, 527,
531, 534, 537
Bay, Paula
1948 — 356
Bayer, Theodore
1943 — 119, 120
1948 — 323
1949 — 538
Bazazowski, Hank
1943 — 149
Beach, Ethel
1948 — 227
Beach, Prof. Joseph Warren
1948 — 271
1949 — 468
Beal, Fred
1959 — 122, 123
Beal, Fred E.
1949 — 178, 182
Beal, John
1948—211
Beals, Carlton
1949 — 244, 245
Beals, Ralph
1947 — 71, 95, 258
1948—171
1949—422, 688
1951 — 53
Bear, The
1948 — 96
Beard, Charles A.
1947—363
1948 — 199, 330
Beard, Mary
1948 — 199
Beardsley, Helen (Mrs.
John)
1948 — 109, 110
Beardsley, Judge John
1949 — 184, 201
Beasley, Robert
1948 — 375
Beattie, Ruth Priscilla
1955 — 424, 425
234
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Beaudry, Lee
1948 — 179
Beaver, William
1951 — 229
Beaverman, Harry
1947 — 239
Beavers, George A.
1953—79, 80, 82, 83, 121
Beavers, Louise
1948 — 185
Bebritz, Louis
1949 — 182
Becerril, Edward
1948 — 259
Becher, Johannes
1949—413
Beck, Dave
1959 — 108
Beck, Edward
1951—162, 163
Beck, Jean R.
1948—226, 343
Beckelman, Moses W.
1948—375
Becker, Mr. and Mrs. A.
1948 — 172
Becker, A. Soundel
1959 — 185
Becker, Kathryn
1948—317
Becker, Leon S.
1948-211, 317
Becker, Maurice
1948 — 132
Beckerman, Edith
1951 — 25
Beckerman, Harry N.
1947—96
Becket, Marjory
1948—356
Beckwith, Dr. Theodore D.
1948—171
Bedacht, Max
1947 — 180
1948 — 131, 176, 196, 200,
265-268, 322, 323,
328, 351, 390
1949 — 158, 177, 178, 321,
463, 464, 538, 688
1951 — 93, 281, 287
1953—131, 172, 173, 175
1955 — 41
1957 — 80
Bedwell, Dona
1948 — 277
Beecroft, Dr. Eric
1948—152, 255
Beek, Joseph Allan
1947 — 355. 356
Beerv, Ben S.
1943—7, 225, 251, 257, 259,
263, 266, 275, 276
Beerv, Wallace
1949 — 691, 695
Beet Susrar Local 20748
1949 — 437
Behrendt, George S.
1947 — 238
Behrman, Samuel
1948—330
Beieelman, Dr. M. N.
1948 — 171
Bein, Albert
1945 — 127
Biswenger, Hugo
1949 — 547
Bekessy, Mr. and Mrs.
Imre
19 47—96
Bela, Nicholas
1947—182, 185
Beldner, Sanford S.
1948 — 198
1949 — 688
Belester, Mrs. Alice S.
1948—322
Belfrage, Cedric
1948 — 4, 152
1949 — 688
1955 — 112
Belgium
1943 — 221
Belgrade, Sema B.
19 48 — 93
Belino, Mattie A.
1949 — 596
Bell, Arthur Lowber
1943 — 356, 359, 370, 376,
1945 — 32-34, 39, 40-43
Bell, Columbus S.
1949—596
Bell, Prof. Eric T.
1948 — 112
Bell, Rev. James W.
1948 — 338
Bell, Ruby V.
19 43 — 381
1945—35-38, 39-40
Bell, Thomas
1947 — 106
1949 — 414, 449, 480, 489,
499, 503, 509. 512,
516, 525, 529, 535,
536, 537
Beller, George
1947—73, 80, 189
Beller, Prof. Irwin R.
1949 — 4S0
Bells Toll for Hemingway at
Vets' Symposium
1948—100
Belmont High School
(Los Angeles)
1948—179
1951 — 27, 34
Beloff
1949 — 31_
Belowski, John
1948 — 273
Belt, Dr. Elmer
1948—171
Belt, Mrs. Elmer
1947 — 182, 185
Belton
1949 — 610
Belton, Bill
1947 — 243, 244
1948—280
1949 — 688
Belton, Maxine
1948—338
Beltram, William
1953 — 278, 282
Bemis, Gray
1943—217
1945—139, 140
1948 — 328, 351, 37y
Bemis, Gregg
194.5—182
Benault, Al
1948—356
Ben Davis Club
1848—214
Ben Leider Memorial Fund
1948—56
1949-287
Bender, Albert
1948 — 144
Bendich, Albert M.
1959 — 204
Bendiner, Elmer
1949—480
Bendor, Bill
1948 — 203
Benedaret, Bea
1948—356
Benedict, D. P.
1949 — 430
Benedict, E. F.
1947 — 241
Benedict, Ruth
1948 — 192
Benes, President
1949 — 111
Benet, William Rose
1948 — 114, 132, 189. 239,
240, 244, 262, 273,
323, 324, 328, 339,
351, 352
1949 — 449, 471
Bengough, P. R.
1959 — 97
Benjamin, Herbert
1948 — 383
1949 — 337, 365
Benjamin, Nora
1945 — 127
Bennett, Bill
1949 — 556
Bennett, Connie Lee
1955 — 387
Bennett, Delay
1948 — 161
Bennett, Eugene V.
1948-249
Bennett, Gwendolyn
1947 — 106
1948 — 545
Bennett. Hugh
1948 — 251
1949 — 547
Bennett, John C.
1948 — 328, 351
Bennett, Louise
1948 — 233
Bennett, M. E.
1947 — 324
Bennett. Margaret
1947—238
1948—251, 254, 279
Bennett, Milly
1949 — 546
Bennett, Robert Russell
1948—311, 317
Bennett, S. K.
1948 — 383
Benson, E.
1948 — 233
Benson, Elmer A.
1947 — 184, 233
1948 — 113, 132, 168, 181,
198, 202, 208, 226,
248, 318, 327, 328,
354
1949 — 449, 455, 491
Benson, Frank W.
1948—330
Benson, George S.
1953 — 133
Benson, James D.
1948 — 141
Bentall, David J.
1948 — 265, 331
1949—541
Bentall, J. O.
1948 — 266
Bentley, Barbara
1948-210
Bentley. Elizabeth
1949 — 2, 678
1951 — 81, 131, 133. 134,
146, 148, 149, 152
1953 — 7
1955 — 401
1959—167, 183
Bentley, Phyllis
1951 — 53
Benziger, Otto W.
1943 — 60
Bercovici, Leonardo
1948—210, 260
Bercovitz, Nathaniel, Dr.
1955 — 71. 118, 119. 120,
121, 122, 123, 124,
125, 126, 133
INDEX
235
Bercut-Richards Packing-
Corporation
1959—134
Berdansliy, Louis
194S — 375
Berenliolz, Anne
1948—227
Berenson, Bernard
1948 — 330
Berg, Beckie
1948 — 343
Berger, Hans (Gerhart
Eisler)
1949 — 172, 231, 444, 677
Berger, Meta
1948-248
Berger, Mrs. Victor I.
1948 — 151
Bergh, Haakon
1948 — 311, 314
Bergman, Hilmer
1947 — 72
Bergoffen, H.
1949—548
Beria, Laventri
1949 — 192
1951—239
1953 — 44, 45
Berke, Dr. William
1949 — 429, 430
Berke, Dr. William R.
1953—248, 267, 268
1955 — 52
Berkeley Democratic Club
1948—195
Berkeley, Martin
1959 — 116
Berkeley Tennis Club
1953 — 262
Berkman v. Tillinghast
1949 — 246
Berkowitz (see Berke,
William R.)
Berland, Sam
1948 — 203
1949 — 437, 688
Berland, Samuel
1953 — 106, 107, 118, 124
125
Berle, A. A., Jr.
1949 — 341
Berle, Adolph A.
1949—341
1951 — 262
Berlin League Against
Imperialism
1953 — 223
Berlin-Rome Axis
1943 — 220
Berman
1951 — 56
Berman, Averill
1947—194, 195, 198, 199
1948 — 219, 279, 355
1949 — 032, 688
1955 — 309, 360
Berman, Freda
1948—375
Berman, Jack T.
1947 — 179, 189, 238
1948 — 355
1949 — 688
Berman, Lionel
1948 — 340, 377
1949—484
1955 — 306
Bernales, Humberto Lillo
1949 — 181
Bernard, Bern
1948 — 250, 255
Bernard, John T.
1948 — 95, 109, 310, 386
Berne, Louis Alan
1945 — 147
1947 — 201-204, 209, 214,
216, 219
1948 — 114, 151, 163, 176,
211, 351
1949 — 448, 449, 688
1951 — 50, 59, 92, 93
1953—63, 171, 172, 176,
177, 280, 281
Berneri, Camillo
1951 — 273
Bernfeld, William
1948—15
Bernhard, Arthur
1949 — 549
Bernstein, Mr. and Mrs.
1951 — 267
Bernstein, Aline
1945—127
1948 — 189
1949 — 4S0, 499, 503, 504,
505, 509, 512, 515,
517, 530, 533
Bernstein, Harry
1948—374
Bernstein, Leonard
1948 — 210, 392
1949 — 4S0, 484, 489, 494,
499, 501, 502, 503,
505, 506, 509, 512,
513, 514, 515, 516,
517, 521, 523, 532,
543
Bernstein, Maurice
1948 — 375
Bernstein, Samuel
1951—153
Bernstein, Sanford
1949^428, 434
Bernstein, Victor
1949 — 480, 483, 499, 503,
516, 519
Bernstein, Walter
1948 — 378
1949 — 480, 489, 499, 514,
517, 525, 529, 535,
536, 537, 557
Berrish
1948 — 285
Berry, Abner
1948 — 213, 233, 343
1949—189, 545, 547
Berry, John
1948—97, 179
Berry, Rosalie
1949 — 547
Berry Sisters
1949 — 542
Berry, Wallace
1948 — 280, 338
1949 — 691, 695
Bersin, Harry
1948—205
Bertholon, George
1943 — 129
1948 — 152
Berton, Victor
1948 — 311, 312
Besig, Ernest
1948—4, 5, 6, 111, 112
Bessie, Alvah
1947 — 70, 72, 106
1948 — 97-103, 105, 136
170, 176, 183, 189
192, 239, 261, 328
340, 360
1949 — 421, 478, 545, 688
1951—57, 59, 60, 268
1953—139, 279, 280, 281
Best, Raymond
1945 — 55, 56
Beth Israel Hospital
1955—221
Eethune Branch of the
Communist Party
1948 — 215
Bethune, Dr.
1949—555
Bethune, Mary McLeod
1948 — 114, 131, 151, 181,
186, 201, 227, 228,
262, 318, 319. 323,
324, 327, 328, 334,
350, 351, 353, 390
1949 — 449, 456, 457, 538,
562
Better Business Bureau
1949 — 653
Bettington, Mrs. Blanche
1947 — 115-120, 122, 124-
126, 128, 129, 131,
132, 134, 135, 137,
138, 139, 238, 369
Beverly, Helen
1948 — 356
Beverly Hills High School
1953—100
1959—212
Beverly Hills Police
Department
1951 — 244, 245, 246, 249,
254
Beverly Hills Police
Department, Chief
1951 — 244, 245, 254
Beverly Vista Grammar
School
1953—100
Bevin, Foreign Minister
1949 — 120
Beware the Ex-Communist
1959—11, 15
Bey, Howard
1947 — 238
Beyea, Frank
1948 — 161
Bhagat Singh
1953—223
Bhala Singh
1953—218
Bhan Singh
1953—219
Bianco, Joseph
1948—94
1949 — 554
Bibby, Dr. Henry Lambert
1948 — 271, 322
1949 — 468
Biber, Harry
1955—392
Biber, Henry
1955—392
Biberman, Edward
1943 — 129
1947_70, 96, 189, 238
1948—183, 231, 355
1949—421, 478, 688
1955—306,315,387
Biberman, Gale
Sondergaard
1955—315
Biberman, Herbert
1943—93, 124, 129
1947 — 70, 72, 73, 188
1948 — 106, 154, 160, 162,
164-168, 175, 193,
226, 239, 250, 251,
255-257, 267, 276,
310,328,346,360,
373 374
1949_42l', 478, 480, 488,
499, 504, 506, 508,
509, 512, 513, 516,
517, 519, 520, 523,
530, 537. 688
236
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Biberman, Herbert-
Continued
1951 — 57, 58, 59, 60, 92,
255, 268, 271, 280
1953 — 139
1955 — 112, 294, 306, 315,
346, 387, 450
Biberman, Sonja Dahl
1955—315, 387
Bibily, Paul
1943 — 284, 293
Bibir, Stella
1955 — 391
Bibliography on the Soviet
Union
1947 — 114
Bibliography on Women,
Child Care and the
Family in the U. S. S. R.
1947 — 114
Bick, Leon
1947 — 90
Biddle, Attorney General
Francis
1945 — 30, 134
1947 — 68
1948 — 98, 99, 103, 106,
110, 117, 118, 121,
122, 124, 126, 133,
134, 135, 154-158,
165-167, 191, 192,
265, 274, 331, 362,
364, 366-368, 383
1949 — 251, 257, 265, 268,
274, 277, 278, 279,
280, 281, 284, 291,
298, 300, 307, 319,
320, 321, 328, 332,
335, 339, 341, 342,
348, 353, 363, 364,
368, 371, 373, 393,
394, 398, 407, 408,
419, 439, 440, 446,
487, 540
1959—139
Biddle, George
1948 — 248, 386
Bidien, Charles
1949—549
Bidner, William
1947—60, 61, 62
1948—202, 203, 206, 207,
208, 220, 221
1949—688
1951—255
1953—102
Biendenkapp, Fred
1948—266
Bielawski, Eugene
1947 — 89. 91
1948 — 425
Bienz, Senator Thomas H.
1949 — 600, 601, 602, 603,
605, 606, 607, 608,
609, 637
Bierut, Boleslaw
1949 — 101, 119
Big Union
1948—342
Bigelman, Dr. Leo
1943 — 127, 143
1947 — 71. 72, 73
1948 — 223, 224
1949 — 422
1955—112, 272, 287, 367
Bignami, Arthur
1943 — 310
Bilan, Alexander
1949—177
Bill of Rights
1943 — 247
1948 — 61, 391
1949 — 508, 566, 579
1959 — 189, 211
Bill of Rights Conference
1951 — 41, 280, 281
1953 — 247
Billboard
1948 — 147
Billing, Dr. Harvey E.
1948—171
Billings, Marcus
1953 — 278, 282
Billings, Warren K.
1947 — 78, 79
1948 — 163, 201
1949 — 424, 448
Bills, Walter
1949—546
Bingham, Alfred M.
1948 — 244
Binswanger, Clara G.
1948 — 265
Bioff, Willie
1959 — 111
Bio-Lab Union, Local 225
1955 — 48, 49, 65
Bird, Dick
1945 — 175
Bird, W. H.
1955 — 394
Birge, Prof. Raymond T.
1948 — 112, 328, 351, 352
1953 — 173
Birkhoff, Prof. George D.
1948—322
Birmingham School of
Medicine
1951 — 164
Biro-Bidjan
1948 — 196
1949 — 288, 317
Bishop, George
1948 — 377
Bishop, Isabel
1948 — 330
Bishop, Father Shelton Hale
1949—480, 483
Bisno, Herb
1955 — 318
Bissell, Doc
1948—94
1949—554
Bissel, Dr. Franklin
1955—206, 207, 288, 374
Bissell, Whit
1948 — 356
Bisson, T. A.
1948 — ^144, 151, 198
1959—175
Bisson, Thomas A.
1953—176
Bittleman
1949—658
Bittleman, Alexander
1948 — 142, 106, 213
1949 — 157, 166, 175, 177,
178, 188, 189, 304,
545, 546, 625
1953—51, 173, 174, 230
1957 — 80
Bittner, Van A.
1948 — 181
Bjoze, Jack
1949 — 556
Black, Algernon
1948 — 179, 193
1949 — 480, 499, 504-507,
509, 512, 513, 515,
517, 522, 531, 532
Black and White
1948 — 46, 49, 172, 193, 224
1949 — 382
1951 — 235
Black and White Press, Inc.
1948 — 224
Black V. Cutter Laboratories
1955 — 384
Black Dragon Society
1943—325, 345
Black, Elaine
1948 — 266
1951 — 259
1953 — 175
Black Hand
1949 — 26
Black, Justice
1953 — 180, 181
1959 — 189
Black Legion
1948 — 117
Black Lists
1943 — 79
Black Pit
194S — 128
Black Shirts
1959—45
Blackiston, William
1947 — 180, 181
Blackman, Mrs. Phyllis
1948 — 355
Blackmer, Jane
1947—91
Blackwell, Aline Stone
1948 — 266
Blackwell, Juanita
1945 — 15
1948 — 146, 149
Blackwell, Nita
1953—121
Blai, Boris
1949 — 480
Blain, Anne
1948 — 334
Blair, Aubrev
1943—61, 82
Blair, Betsy
1948—356
1949 — 480, 489
Blair, Fred
1948 — 212
Blair, Helen
1955 — 387
Blair, Nan
1951—266
Blake, Ben
1948 — 278
Blake, George
1948 — 213
Blake, Melissa
1948 — 343
Blake, William
1948 — 95, 103, 276
Blanchard, Dr. Frederic T.
1948 — 171
Blanchard, Helen
1948 — 227
Blanchard, Myron B.
1948 — 375
Bland, John L.
1948 — 15
Blankford, Gerald
1947—72
Blankfort, Henry
1947 — 1S5, 238
1948 — 251, 355
1949 — 480, 484, 489, 688
1951 — 271
1955 — 383
Blankfort, Henry, Jr.
1949 — 509
Blankfort, Mrs. Henry
1955 — 3S3
Blankfort, Laurie
1948—278
Blankfort, Michael
1945 — 126
1947 — 238
1948 — 163, 198, 202, 274,
278, 279, 343, 355
1949—471, 480, 499, 516,
688
1951—271
Blankfort, Mrs. M.
1948 — 97
INDEX
237
Blankfort, Sylvia
194S — 278
Blass, Dorothy
1948 — 356
Blass, Lambert
1948 — 356
Blatch, Harriet Stanton
1948 — 248
Blatniak, Anna
1949 — 414
Blau, Milton
1947 — 106
1948 — 545
Blaustein, Julian
1947 — 238
Blazer, Julia
1959 — 174
Blazer, Julia Older
1959—172, 174, 176
Bledsoe, William
1948 — 360
Bleucher, Marshall
1949—104
Blewett, John H., Jr.
1951 — 102, 104
Blinken, Samuel M.
1948 — 332
1949 — 541
Bliss, George H.
1949—602
Bliss, Ted
1948—254
Blitzstein, Madelin
1948 — 277
Blitzstein, Marc
1948 — 103, 162, 311, 378,
392
1949 — 480, 488,
489,
494,
499, 501,
503,
504,
506, 508,
509,
510,
511, 512,
513,
515,
516, 517,
518,
519,
520, 521,
523,
524,
525, 527,
528,
529,
532, 534,
535,
536,
537, 543
Bliven, Bruce
1948—96, 151.
179,
333,
377
1953 — 171, 174,
176
Blix, Lew C. G.
1943 — 82
Bloc, Jean-Richard
1947 — 106
Bloch, Ernest
1948—330
Bloch, Dr. Jo.shua
1949 — 480
Bloch, Leon
1948—278
Bloch, Dr. Louis
1951-231, 232
Bloch, Mrs. Louis
1948—322
Block, Anita
1948—278, 322
Block, Joe
1949—548
Blockade
1948 — 372
Blodg-ett, Dave
1948 — 343
"Bloody Thursday" Parade
1943 — 99
Bloom, Aaron
1948 — 268
1949 — 464
Bloom, Dr. Leonard
1947 — 71, 72, 95, 257
1948 — 309
1949 — 422
1951 — 53, 109, 255
Bloom, Sophie
1948—281
Bloomgarden, Kermit
1948 — 240
1949—480, 484, 489, 503
Bloomgarden, Lawrence
1949 — 694
Bloor, Mother Ella Reeve
1948—56, 151, 176, 228,
266
1949 — 157, 177, 329, 355,
361, 377, 452, 454,
455, 457, 520
Blow That Whistle
1948 — 264
Blowitz, Bill
1945—116
1948-254, 279, 355
Blue, Ben
1951—267
Blue Network
1947 — 364
Blueprint for Wo7-ld
Conquest
1949 — 653
Bluestone, Dr. E. M.
1949 — 480, 499, 510
Bluhm, William
1945—148
Blum, Edwin
1948 — 251, 254
Blum, Hanah
1955 — 318
Blum, Leon
1948—191
Blum, M.
1955 — 389
Blumberg-, A. M.
1948—15
Blumberg-, Al
1948 — 213
Blumberg, Albert E.
1957—78
Blumberg, Prof. Henry
1949 — 480, 499, 517
Blumenfeld, Hans
1949 — 480
Blumer, Dr. George
1948 — 328, 351
Blumstein, Dr. Albert
1951 — 267
Blumstein, Alex
1948—200
Blythe, Ann
1948 — 183
B'nai B'rith Youth
Organization
1948 — 16
1951—25
Boalt Hall of Law
1951 — 264
Board of Economic Admin-
istration and Foreign
Economic Administra-
tion
1959 — 173
Board of Education, City of
New York
1953—148, 149
Board of Education v.
Jewett
1949 — 574
Board of Education v.
Wilkinson
1955 — 60, 66
Board of Prison Terms and
Paroles
1943 — 192
Boardman, Helen
1947 — 238
1948 — 355
Boardman, Samuel
1948 — 144
Boardman, Thelma
1948 — 170
Boardman, True
1947 — 238
1955—463, 464
Boas, Ernest
1955—107
Boas, Ernest P.
1948 — 244, 262, 328
1949 — 4S0, 484, 496, 499,
501, 506, 510, 512,
513, 526
Boas, Prof. Franz
1948—109, 112, 114, 141.
151, 163, 200, 211,
226, 239, 270, 327.
350. 351. 358, 377,
391
1949 — 688
1951—92. 93
1953—131. 139. 171. 172.
176. 177. 280. 281.
282
Bobrovskaya. C.
1949 — 193
Bock, Phil
1948—214, 348, 389
1951 — 22. 23, 24, 26, 28
29
Bock, Zelda
1955 — 389
Bodansky, Dr. Aaron
1948—114, 169, 170
1949 — 412
Boddy, Manchester
1943 — 54-56
Bodeen, DeWitt
1948 — 210
1955 — 461
Bodenheim, Maxwell
1945—121, 126
1948 — 274
1949 — 472
Boder, Elena
1948 — 171
Bodian, Clara
1948 — 228
1949—458
Bodin, Ida
1948 — 185
1949 — 561
Bodkin, B. A.
1948 — 392
Bodkin, Helen
1948 — 214
Bodkin, Wesley
1948 — 214, 343
Bodlander, Walter
1948 — 355
Bodle, George E.
1943 — 60, 94, 176, 197
1955 — 448, 449, 450. 451,
452
Boehm, Jeff
1948 — 355
Boehm, Sidney
1948 — 372
Bogart, Humphrey
1947 — 238
1948—210, 211, 255
Bogdanov, Nicholas
1949 — 181
Bogdanovicli, M. A.
1949 — 414
Bogigian, Elenore
1943—159, 163
1947 — (see EUenore
Abowitz)
1949 — 421
Bogosian, E.
1947 — 89
Bohm, Dr. David Joseph
1951 — 78, 79, 80, 228, 230,
233, 234
Bohnen, Roman
1948—14, 97, 104, 105. 129,
159, 276, 356
1949—688
1951 — 57, 59
Bohrod, Aaron
1949 — 480, 499
238
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Boilermakers (Union)
1949 — 437
Bola Singh
1953—218
Boldt, Howard
1949 — 545
Bolshevism
1945 — 83
1949 — 229
1951 — 44, 143, 169, 172
Bombardier, Mrs. Delor
1948 — 15
1949 — 602
Bombay Legislative
Committee
1953 — 230
Bombay Municipal
Corporation
1953—231
Bombay Provincial
Committee
1953 — 231
Bonaparte, Joseph
1948 — 375
Bond, Ward
1959 — 113
Bonelli, Richard
1948 — 317
Bonetti v. Rogers
1959 — 194
Bonney, Holbrook
1947 — 89
1949 — 425
Bono, Pietro
1943 — 312
Bonte, Florimonds
1949 — 181
Book and Magazine Guild
194S — 130
Book Find Club
1948 — 49, 120, 392
1949 — 287, 463
Book-of-the-Month Club
1948—193
Book Shop Association, The
1949 — 370
Book Union
1948 — 194, 369, 370
1949 — 287, 492
Book Union Bulletin
1948 — 224
1949 — 382
Booknega
1943 — 126
Books Available in Class
Library
1948—199
Boor, Jan
1949 — 497
Booth, G. Raymond
1948 — 308, 309
Bootli, Louis
1948—375
Booth, Marlowe
1955 — 391
Bor, General
1949 — 52
Borace, Borice Z.
1947 — 204
Borchard, Prof. Edwin M
1948 — 109, 247
Bordoni, Irene
1948—114
Borensteen, P.
1955—389
Boretz, Allen
1948 — 328, 351
Borgen, Rasmus
1948 — 386
Borgese, Prof. G. A.
1948—271
1949 — 468
Borich, Frank
1948 — 244
Borisov, Alexander
1953—234
Born, Kenneth
1948 — 151
Borodin, Michael
1949—104
Boroff, David
1959 — 15, 54
Borough, Reuben W.
1943 — 60, 91, 92
1947 — 47, 96, 97, 183, 185,
186, 239, 240, 241,
243, 244, 249, 295
1948 — 109, 110, 116, 183-
185, 239, 244, 248,
255, 257, 267. 272,
346, 355, 375, 376
1949 — 147, 435, 436, 470,
478, 688
Borowski, Irene
1949 — 549
Borz, George V.
1948 — 374
Bosant Singh
1953 — 218
Bose, Ras Bari
1953—214
Bose, Subhas Chandra
1953 — 214, 215, 221
Bos.se, A. G.
1949 — 179
Boston Communist Partv
1948 — 326
1949 — 322, 375
Boston Chronicle
1948 — 224
1949 — 547
Boston School of Social
Science
1949 — 287
Boston University
1948 — 264
Boswell, Charles
1948-356
Boswell, Rev. Hamilton
1948 — 106, 160
Botkln, B. A. (Benjamin A.)
1949 — 4S0, 488, 489, 499,
509, 513, 516, 525,
529, 534, 535, 537,
543
Bouche, Louis
1948 — 262
Boucher, Anthony
1948—342
1949 — 429, 432, 688
Boudin, Leonard B.
1948 — 377
Boudin, Louis B.
1948 — 114, 151, 196, 270,
328, 331
Boulanger, Nadia
1948—317
Bourk-White, Margaret
1948 — 199, 238
Boutte, Oliver
1947 — 96
Bowden, Marie
1955 — 388, 391
Bowen, Mildred
1947 — 279, 280, 307
1948 — 214
Bowers, Max
1948 — 94
1949 — 554
Bowie, Jean L.
1948—271, 328
1949—468
Bowie, W. Russell
1948 — 248, 327, 351
1949 — 449
Bowman, Henry
1947—324, 331
Bowman, J. Herbert
1953—153
Bowman, Leroy E.
1948—333
Bowron, Mayor Fletcher
1943 — 106, 109
1947—51, 57, 58, 250
1948— 2G0, 261
1949—695
1951 — 25
1953—132
Boy Scouts of America
1948 — 180
1951 — 9
Boyce High School
1959 — 54
Boyce, Howard
1947 — 71
Boycott Japanese Goods
Conference
1948—96, 147
Boyd, Roger
1955 — 390
Boyd, Rose
1943—152, 154, 155, 166
1955 — 111, 112, 193, 194,
195, 196, 197, 198
Boyd, Thomas
1945—121
Boyd, Vischner
1955 — 193
Boyd, Visscher
1955—193, 194
Boyer, Charles
1948 — 211, 255
Boyer, Ravmond
1949 — 495, 496
Boyer, Richard O.
1948—340
1949 — 480, 483, 489, 491
492, 493, 495, 496,
499, 501, 504, 512,
516, 517, 519, 521
524, 525, 527, 529,
^ 535, 536, 537, 688
Boyer, Sophia Ames
1948 — 278
Boyle, Kav
1949 — 480, 499, 509, 537
Boyles, Paul
1947—163
1948-282-287, 289, 290
^ 303, 307
Boynton, Ray
1948—248
Bozzani, Amerigo
1947 — 96
Braber, Peter
1957 — 28
Braden, Dr. M. H.
1943 — 127
Bradford, Ann
1948 — 228-230
1949 — 457
Brfidley, Rev. Dwight
1948 — 328
Bradley, George
1945—137
1947 — 67, 105
1949 — 419, 549
Bradley, Dr. Harold
1948 — 171
Bradley, Prof. Lyman R.
1947 — 267
1948-269, 350, 353, 376
1949 — 449
Bradley, General Omar
1947-105
Bradshaw, Allan J.
1948 — 15
Bradsher, Mary
1948 — 215
Brady, Anna Mae
1948 — 95
Brady. Bernard
1953 — 129
Brady, Robert A.
1947 — 78, 79
1948 — 4, 6, 144, 151, 176,
193, 249, 310
1949—424
INDEX
239
Bragin, J. Georg-e
1948 — in4
Brainin, Joseph
1949 — 480, 491
Brameld, Prof. Theodore
1949 — 480, 484, 488, 499,
508, 524, 527, 535
Bramson, Mary McCall
1955 — 4.S6, 444, 445, 446
Bramstedt
1949—24
Branch v. Cahill
1949 — 246
1943 — 114
Branch, James
1943 — 114
Branchi, Camilla
1943—306
Brand, Millen
1945—127
1947 — lOfi, 141
1948—132, 162, 163, 208,
357, 389
1949 — 480, 484, 488, 489,
499, 501, 502, 503,
504, 505, 508, 509,
511, 512, 513, 517,
520, 522, 524, 525,
527, 528, 530, 534,
536, 537
Brand, Phoebe
1948 — 97. 104, 356
Brandeis, Justice
1949 — 568
Brandeis University
1953 — 200
Brandhove, William P. M.
1947—150, 161, 167
1948 — 8, 281
1949 — 688, 696, 697
Brando, Jos^lyn
1949 — 480
Brando, Marlon
1949 — 480, 499, 529
Brandon, Henry
1948 — 356
Brandt, Janet
1948 — 356
Branham, Lucv G.
1948 — 357
Brannan, Eleanor
1948 — 151, 333
Branson, Clive
1949 — 555
Bransten, Louise R.
1943 — 60, 96. 97, 176
1948 — 111, 163, 208, 358
1949 — 456, 484, 547, 688
1951 — 231, 235, 238, 255
1953—207, 272
Brant. Car]
1943 — 60, 83, 135, 145-147
1947 — 96
1948 — 183
1949—146, 688
1955 — 390
Brant, John
1953 — 127
1959 — 54
Branton, Leo
1957 — 142
Branton, Leo, Jr.
]^953 92
1955 — 187, 190, 191, 192,
197, 198, 201, 202,
204, 205, 331
1959 — 185
Brasher, Vance
1945 — 169-171
Bratsky, Vestnik
1949 — 181
Braus, Ann
1948 — 210
Braus, Moe
1948—210
Braverman, Harry
1948 — 239, 358, 375
1949 — 435
Braverman, Mrs. Harry
1948 — 184
Bray, Justice
1959—206
Break Relntions With Spain
1948—139
Break Relations With Spain
Rally
1948 — 102
Brecher, Irving
1947 — 239
1948 — 251, 255
Breckenridge, Sophronisba
P.
1948 — 113, 114, 151, 201,
322, 328, 350, 351
1949 — 688
195.3 — 175, 177, 280, 281
Breeden, Wilmer
1943 — 60
Bregoff, Betty
1948 — 179
Breiman, Leo
1948—184
Breines, Simon
1948—322
Broit, Harvey
1943 — 152
Breitman, George
1957—113
Brennan, Mrs. Alice
1947 — 313
Bressler, Joseph
1959—55
Bretton, Woods
1949—75
Breuer, Bessie
1945 — 127
Brewer, James L.
1948—271
1949 — 449, 468
Brewer, Roy
1955 — 383
1959 — 113
Brewer, Roy M.
1948—15
Brewster, Dorothy
1945—127
1949 — 4S0, 483, 489, 499,
502, 503, 504, 508,
509, 512, 514, 516,
517, 519, 520, 521,
524, 525, 527, 528,
529, 530, 531, 532,
534, 536, 537, 545
1959 — 185
Bricker, Al
1955 — 391
Bricker, Dotty
1955 — 391
Bridges Defense Committee
1948 — 34, 55, 61, 248
1949 — 290
Bridges, E. W.
1948 — 94
1949—554
Bridges, Harry R.
1943 — mo, 197, 225, 234,
284, 294, 296, 297
1945 — 147, 195, 196
1947 — 69, 101, 163, 170
189, 190, 202, 210,
219
1948 — 62, 117, lis, 122,
133, 176, 216, 249,
285, 324, 332, 363,
365, 375, 383
1945 — 90, 105, 146, 251,
265, 268, 277, 279,
284, 289, 290, 314,
342, 349, 363, 364,
407, 420, 451, 452,
458, 454, 455, 470,
504, 541, 633, 634,
688
1951 — 179, 260, 263, 281,
1953 — 63, 131, 175, 190,
259, 272
1955—130, 135, 418
1959 — 96, 108, 109, 195
Bridges, Lloyd
1948 — 97, 104, 127, 356
Bridges v. California
1949 — 568
1953—181
Bridges v. Wixon
1949 — 245
Bridges Victory Committee
1948 — 34, 54
1949 — 290
Bridgman, Prof. Olga
1948 — 112
Brief on Communism
1955 — 143
Briehl, Marie
1949 — 428, 432
Brier, J.
1948—268
1949 — 464
Briggs, A. Stafford
1948 — 358
Briggs, Cyril
1948 — 266, 333
1949—279, 548
Briggs, Marian
1948—211
Bright, John
1943—207, 210, 217
1945—182, 193
1948 — 215, 256, 375
Bright, Josephine
1945 — 193
Brill, Goldie
1948 — 179
Brin, Mrs. Arthur
1948 — 320
Brinton, Dr. Christian
1948 — 248
Brisbane, D. Harding
1959 — 185
Brisker, Sidney H.
1955 — 391
Brissenden, Prof. Paul F.
1948—109, 265, 377
British Communist Party
1949 — 172, 173
British Empire Communist
Party Conference
1953—232
British Labor Party
1949—692
1951 — 279
British Liberal Party
1951—279
British Reds
1948 — 326
British Royal Commission
1955 — 393, 394
Britton, Gertrude Howe
1948—375
Brockway, Harold
1948 — 383
Brockway, Howard
1948—330
Brod, Mrs. Leon
1948—146
Brodetsky, Julian
1948 — 171, 317
Brodeur, Dr. Arthur G.
1947 — 78, 79, 88, 93
1948 — 144, 185, 216
1949 — 424, 425
1953 — 259
Brodeur, Mrs.
1953—252
Brodie, William H.
1947—96
240
UN-AMERICAN ACTWITIES IN CALIFORNIA
Brodin, Virginia
1953 — 104
Brodsky, John R.
1948 — 390
Brodsky, Joseph R.
1948 — 151, 167, 194, 190,
265, 268, 328, 331,
351 392
1949 — 449! 450, 464, 520.
540, 688
1951 — 93, 260, 261
Brodsky, Merle
1947 — 75
1948 — 214, 343
1955 — 407, 408
Brodsky, Vera
1948 — 311
Brody, Alter
1948 — 270
Brodv, Samuel
194"8 — 270, 278
Brody, William
1959 — 99
Broekman, David
194S — 311
Brogden, Samuel L.
1943—253, 275, 281
Brogan, Colm
1959 — 11, 15
Bromberg, J. Edward
1943^148
1947 — 191
194S — 14, 104-106, 356
1949 — 480, 489, 499, 501,
503, 508, 509, 510,
513, 516, 517, 528,
688
1951—58, 59, 271
Bromfield, Louis
1945 — 127
1947 — 288
1948 — 234, 271, 276, 322
Broms, Allan S.
1948 — 142
Bronfman, Harry
1955 — 389
Bronfman, Sema
1955 — 389
Bronner, James
1948 — 375
Bronson, Howard
1948 — 317
Bronson, Dr. Oliver H.
1948 — 109, 110, 352
Bronstein, Lev
1953 — 28
Bronsten, Sedov
1943 — 150
Bronx Victory Labor
Committee
1949—287
Brook, Alexander
1948 — 330
Brookhaven National
Laboratory
1949—495
Brooklyn College
1948 — 339
1951 — 10, 277
1955—233
1959 — 53, 54, 55
Brooklyn Communist Party
1947 — 191
Brooks, Alfred J.
1949 — 179
Brooks, David
1948 — 240
Brooks, Dorothy
1948 — 179
Brooks, Geraldine
1948 — 210
Brooks, Gwendolyn
1947 — 106
Brooks, Katie
1948—62
1949 — 470
Brooks, ^Miriam — see also
Sherman, Miriam
Brooks
1943 — 164
1948 — 230, 315, 316
1949—459
Brooks, Richard
1948 — 210, 211, 241
Brooks, Van Wvck
1945 — 126, 127
1948 — 109, 113, 114, 179,
248, 262, 323, 324,
327, 328, 330, 352,
354, 389, 391
1951—56, 92, 93
Broom, The
1943 — 240
Brophy, John
1948 — 107
Brostoff, Jack L.
1947 — 180
Brotherhood of Locomotive
Engineers
1949 — 437
Brotherhood of Locomotive
Engineers Auxiliary
1949—437
Brotherhood of Locomotive
Firemen and Engineers
1947 — 90, 101, 241
1949 — 437, 438
Brotherhood of Locomotive
Firemen and Engine-
men Auxiliary
1949 — 437
Brotherhood of Man
1948 — 192
Brotherhood of Painters,
Decorators and Paper-
hangers of America
1948 — 214
Brotherhood of Railroad
Trainmen Auxiliary
1949—437
Brotherhood of Railway
Carmen
1949 — 437
Brotherhood of Railway
Trainmen
1947 — 233
1949—437
Brotsky, Allan
1956—402
Broun, Hevwood
1948 — 181, 239, 244, 351
Browder, Carl
1945—121, 136, 155
Browder, Earl
1943 — 13, 19, 21, 25, 32,
35, 91, 121, 122
1945 — 123, 154
1947 — S-10, 20, 21, 24-32,
36-38, 46, 63, 64,
68, 71, 83, 222,
225-228, 368
194S — 7, 9, 29, 33, 91, 94,
99, 104, 118, 122,
125, 136, 148, 151,
153, 155, 157, 163,
176, 180, 214, 234,
244, 245, 266, 273,
333, 337, 351, 364,
379, 385
1949 — 62, 94, 95, 96, 97,
99, 129, 157, 159,
160, 165, 168, 170,
171, 173, 174, 176,
177, 178, 179, 185,
199, 201, 219, 224,
267, 274, 278, 279,
284, 291, 295, 340,
342, 347, 368, 370,
406, 416, 417, 420,
422, 440, 449, 451,
452, 453, 454, 455,
465, 467, 471, 520,
521, 553, 556, 613,
688, 693, 705
1951 — 13, 59, 94, 260, 262
1953 — 58, 59, 60, 61, 63,
69, 70, 71, 72, 73,
136, 137, 172, 174,
175, 208, 227, 238
1955—195, 279, 280, 399,
450
1957—80, 91
1959—18, 23, 126, 148
Browder, Mrs. Earl
1953 — 241
Browder, Raisa Irene
1949 — 173, 452
Browder-Shachtman debate
1957 — 76
Brower, Dr. Arthur
1947 — 239
Brown, Dr. Adelaide
1948 — 144
Brown, Archie
1943 — 60, 75, 76, 176, 284,
294, 295
1947—294, 305
1948 — 94, 213, 343
1949 — 554, 688, 692
1951 — 24
Brown, Arthur
1948—94
1949 — 554
Brown, Barney
1943—145, 147, 159, 164
1951 — 83
Brown, Benjamin
1948 — 94
1949 — 554
Brown, Bob
1945—121
1948 — 274
1949 — 472
Brown, Charles
1947 — 179
1948 — 383
1949 — 491
Brown, Charlotte Hawkins
1948 — 186, 198, 208, 227,
228, 230, 328, 351,
352
1949 — 449, 455-458, 562
Brown, Cleophas
1947 — 304
Brown, Cleophus
1953—261
1955 — 320, 388, 390, 391
Brown, Constantino
1949 — 118
Brown, David
1955 — 343, 385, 386
Brown, Edgar G.
1947 — 293, 294
Brown, Edmund G.
1953 — 78, 79
1959—31, 39, 204, 207
Brown, Eloise Steele
1953 — 248, 262, 263, 282
Brown, Essie
1955—422
Brown, Eugene "Wadsworth,
Dr.
1943 — 356, 361, 382
Brown, Fred
1949 — 173
Brown, Giles
1951 — 229
Brown, Grace
1943 — 158
Brown, Gus O.
1947 — 96
1948 — 221
Brown, Prof. Harold C.
1948 — 226, 248, 271, 322,
328, 358, 377
1949 — 468, 622
INDEX
241
Brown, Harry
1947—71, 244
1949—422
1955—459
Brown, Harry P. M.
1955 — 459
Brown, Herman
1948 — 383
Brown, Hy
1948—94
1949—554
Brown, I.
1959 — 97
Brown, Prof. J. F.
1948 — 271
1949 — 468
Brown, James
1947 — 155
Brown, John
1948—356
Brown, Major Jose Prez
1947 — 340, 342, 352
Brown, L. B.
1948—198
Brown, L. E.
1948 — 15
Brown, Lee D.
1948 — 259
Brown, Lucv
1949 — 480
Brown, Martin T.
1948 — 233
Brown, Mayme
1949—546
Brown, Paul
1948—338
Brown, Phil
1948 — 97, 104, 356
Brown, Dr. S. S.
195,5 — 391
Brown Shirts
1948 — 206
Brown, Sterling
1945—126
1948 — 274
1949 — 471
Brown, Warren
1948 — 186
1949—562
Brown, W^'illiani B.
1957—149
Brown, Bisliop William
Montgomery
1948 — 244, 245, 265
1949 — 688
Brownell, Attorney General
1959 — 139, 142, 195
Brownell, Robert
1943—150, 168-171
Brownlow^, Geraldine
1948 — 184
1949 — 561
Brownstein, George
1948 — 164
Browsky, Joseph R.
1953—174, 175
Broy, .John
1948 — 280, 339
1949 — 343
Broyles, Senator
1949 — 603
Broz, Josip
1955 — 394
Broz, Marshal Joseph (Tito)
1949 — 124
Bruce, Virginia
1948 — 251
Bruch, Bella
1948 — 146
Bruck, Chuck
1948 — 188
1949—563
Bruck, Murray
19 48 — 355
Bruckman, Dr. Jacob S.
1955 — 79, 288, 367, 374
Bruckman, Sidney
1955—289
Brudnev, (Joodman
1951 — 280
1953 — 252, 256, 257
Brudney, Ruth
1953 — 255, 256, 257
Brueck, Karl C.
1948—15
Brum, Henry
1948 — 211
Brumbaugh, Rev.
Thoburn T.
1949—480, 499, 507, 512
Bruner, Lucile
1949 — 480
Brunin, Saul
1948 — 163
Bruschera, Mrs. Carola
1943—284, 297, 314
Bryan, Al
1943 — 140, 141, 159
1947 — 65
1949 — 418
Bryan, Ella
1948 — 15
Bryan, Helen R.
1948 — 151, 152, 168, ?70,
350, 376
1949 — 468
Bryan, Julian
1948 — 244
Bryant, Drayton
1953—105, 106
Bryant, Jean
1953—259
Bryce, Cornelia
1948 — see Mrs. Gilford
Pinchot
Bryson, Hugh
1947 — 149, 151, 100,
163-166
1948—62, 185, 200, 281,
288, 289-291, 298,
307, 308, 343, 351
1949 — 146, 470, 688
1951 — 57, 264, 272, 275,
276, 278, 280, 281
195.5 — 2, 5, 14, 46
1959 — 30, 34, 96, 97, 133
Buaken, Manuel
1948 — 114
Buchanan, Charles P.
1949 — 548
Buchanan, David W.
1948—185
Buchanan, Larry
1943 — 160
Bucharin, N.
1949 — 234, 235
Buchman, Harold
1948 — 244
Buchman, Sidney
1945 — 116, 117, 127
1948—97, 105, 171, 189,
211, 251, 254, 258,
310, 358
1951—53
1953 — 172
Buchman, Mrs. Sidney
1948 — 250, 255
Buchwald, Nathaniel
1948 — 278
Buck, Jessie
1949—429, 431
Buck, Jessie Elliott
1947 — 89, 91
1949 — 425
Buck, Pearl S.
1948 — 198, 324, 358
1949—688
Buck, Dr. Phillip W.
194S — 185
Buckman, Alfred L.
1948 — 146, 149
Buckman, Beatrice
1948 — 250
Buckman, David
1947—227
Buckman, Harold
1948 — 257, 372
Buckmaster, Henrietta
1948 — 113, 114, 168. 227,
228, 230, 270
1949 — 456, 457, 458, 480,
484, 489, 499. 501,
503, 505, 506. 509.
512. 513, 514. 515.
516, 517, 521. 522.
525. 526. 529, 530,
531, 534, 536, 537,
547. 688
Budenz, Lewis F.
1951—55, 262, 268, 282,
283
Budenz, Louis
1947 — 31
1948—176
1949 — 2, 62, 96, 231. 451.
484, 678
1953 — 140, 174, 175
Budenz, Louis F.
1955—43, 366, 438
1959—27, 126, 183
Budiselick, Ann
1948 — 113
Buerkle, John G.
1943 — 240
Bufano, Benjamino
1948 — 144, 389
Bufano, Reno
1948—378
Building a New Life
1957—135
Building America
1948 — 326
1949 — 539, 540
BnilcUng America Series
1953—150, 151
Building Service Employees
International Union
1947—67
1949 — 419
Building Trades Council
1947—80
Buja Singh
1953 — 218
Bukharin, Nicholas
1953_21. 44, 48, 53, r>7,
156
Bukharin, Nikolai
1943 — 36
1947—13, 21
1949—162 .
Bulcke, Germam (Ger-
maine)
1948—249, 268
1949 — 4r.4, 688
1953 — 172
Bulganin
1953 — 45
1957—96
Bulgaria
1951—142 .
Bulgarian Agrarian Party
1949 — 118
Bulgarian-American
Committee
1949 — 414
Bulger, Mrs. Fanny
1948 — 194
Bulletin, The (Chapter 25)
]947_206, 207, 209
1948—126
1949 — 547
1957—94
Bulletin of Congress of
American Women
1948 — 224
Bulletin on Education
1948—224
1949—549
Bullitt, Ambassador
1947—226
242
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Bunche, Dr. Ralph
1951—290
Buncheck, Zarko M.
1948 — 113
Bunyard, Lolita
1948—185
Buran, Joe
1955 — 389
Burbank, Elizabeth
1948 — 278
Burbridge, Edward
1953—284, 285
Burchfield, C. E.
1948 — 330
Burdick, Virginia
1948 — 170
Bureau of Cultural
Relations (Moscow)
1948 — 107
■^"/rffo"^ °^ Mankind United
1943—225, 361
Burford, James H
1943—60, 84. 138, 139
in.o 159,160,163,182
1948 — 62, 203
1949—147,437,470, 688
Burg-e, Frances
1943—138
Burgess and MacLean
1955 — 401
Burgess Case
1957 — 80
Burgess, Prof. E W
1948—323
Burgin, Richard
1949—480,489,530
Burgum, Edwin Berrv
1947—106
1948 — 392
1949—480, 488, 498 502
504, 507, 508, 509
511, 512, 514, 516
517, 320, 521, 522
524, 525, 526, 527
528, 531, 534, 536
^ , ^537, 549
Burke, Bee
1943—132,145
Burke, Bob
1948-186
1949—563
Burke. Carroll
^ 1948-383
Burke, E. F
1945—148
1953 — 64
Burke, Ed
1948—289
Burke, Fielding
1945 — 121, 126
Burke, Frieda
1948—266
Burke. J. Frank
1043—61,151,382
Burke, J. Vernon
1948—185, 249
1953 — 93
Burke. Jack
1947—180
Burke, Kenneth
1945—121, 126, 127
1948 — 274
1949—472
Burke, Libby
1951 — 206
1955 — 387
Burke, Paul
1948 — (.see Victor
Berton)
Burke, Robert
1948—178
Burke, Robert E.
1959—18
Burke, Senator
1948 — 257
Burke, Sid
1943—134, 136, 141, 154
1947—73, 74, 75
1948 — 21.5, 342, 343
1949—545, 688
Burke, Sidney
1953 — 95
Burke-Wadsworth Con-
scription Bill
1948—160, 332
1949 — 541
Burks, Genola
1953 — 279, 282
Burlap, Anne
1948 — 244
Burlin, Paul
1949—480, 499, 503,537
Burlmgame, Richard G.
1949 — 480
Burlingham, C. C.
1948 — 357
Burliuk, David
1949—480, 489, 499, 522
527, 531, 533, 535,
537
Burnham. Grace
1948 — 196
Burnham, Louis E
194S— 113, 188,201, 338
1949—449, 563
Burns, Eimie
1949—78, 191
1953—241
Burns, Eveline M.
1948 — 198
Burns, George
1948 — 255
Burns, Hugh M.
1943—5, 6
1945—5
1947 — 4, 372
1948—3, 4, 13
1949—1, 7, 8, 603
1951_1
1959—156, 168, 203
Burns, James B.
1948 — 381
Burns. Leola
1948 — 203
Burns, Mary
1953 — 20
Burns, Milt
194S — 95
Burns, Patrick
1953—79, 111, 114, 115
1955 — 454
Burns, Robert, Jr.
1948-356
Burns v. United States
1949 — 572
Burnshaw. Stanley
1948 — 274
1949 — 471
Buroki, Ben
1948 — 378
1949 — 557
Burr, Anne
1948 — 132
Burr. Jane
1948 — 328
Burr. Raymond
1948—181
Burrige, Eddie
1951 — 25
3 953 — 284
Burrill, Alexander
1949 — 202
Burrough. Reuben
1955 — 112, 327
Burroughs, Abram
1947 — 72
1948—261
Burroughs, Williana
1949 — 179
Burrows, Abe
1947 — 239
1948—254, 255, 355
Eursler, Norman
1959 — 172
Burstein. Rabbi Elliot M
1947 — 241
1948—216, 358
1949—436
Burt, Betty
1955 — 391
Burt, Mrs. Charles D
1948 — 15
1949 — 602
Burt, Sam
1940—448
Burt. Struthers
1948-330
Burt. Yetta
1955 — 391
Burton, Bernard
1948 — 233
1955 — 460
Burton, Charles W
194S— 151
Burton, Justice
1959—141
Burton, Rnma
1948-210
Burton, Val
1947—73, 96
Burtt. Prof. E. A. (Edwin
A.)
1949—480, 499, 504, 510
„ ^, 512, 517, 521
Bury The Dead
1943—138
1948—96
Busbey, Congressman Fred
E.
1948 — 380
Busch, Adolph
1949—480, 499, 503
Bu.sch, Benjamin
1948—151
Bushido
1945 — 49, 52
Bushnell, Donna
1953 — 259
Bushnell. Jack
1953 — 259
Bussell, J. E.
1949 — 437
Bussio, Margaret
1948-375
Butkovich. John D
1948 — 151
1949 — 413, 414
Butler, Dr. Alan
1955 — 107
Butler, Dr. Allan M.
1949—480, 483, 489, 499,
507,509,513,531
Butler, B.
1955 — 389
Butler. Charles
1948 — 338
Butler, Hugo
1948 — 372
Butler, J. P.
1948 — 15
Butler, Rev. W. Fay
1948 — 35S, 377
Butte County Grand Jury
1947 — 350, 353
Buttenweiser, Helen
194S — 375
Butterman, Ernest
1948 — 356
Butterworth, Joseph
1953—139, 201, 303, 206
1957 — 10, 11
Buttrick, George A.
1948 — 320
INDEX
243
Buzzell, J. W.
1943 — 61
Byelo
1948 — 177
Byers, A.
1955—389
Bynner, Witter
1948—389
1949—480
1951—271, 281
Byrd, Rear Admiral Rich-
ard E.
1957 — 34
Byrne, James T.
1948—164
Bvrne, Norman
"1943 — 96, 144, 157, 158
194S — 164
1949—688
Byrnes, James F.
1947—155, 198, 268, 274
1949_28, 40, 42. 43, 65
73, 122
1957—112
C I. O. — See also Congress
of Industrial Organiza-
tions
C. I. O. Council
1959 — 20
C. I. O. Industrial Council
of Baltimore
1959 94
C. I. O. Industrial Council
of Bridgeport
1959 94
C. I. O. Industrial Council
of Chicago
1959 94
C. I. O. Industrial Council
of Cleveland
1959 94
C. I. O. Industrial Council
of Greater New York
1959 94
C. I. O. Industrial Council
of Los Angeles
1959 — 94, 98
C. I. O. Industrial Council
of Milwaukee
1959 9 4
C. I. O. Industrial Council
of Portland
1959 — 94
C. I. O. Industrial Council
of Queens
1959 94
C. I. O. Industrial Council
of San Francisco
1959 9 4
C. I. O. Industrial Council
of Seattle
1959 9 4
C. I. O. State Industrial
Council of California
1959 94
C. I. O. State Industrial
Council of Connecticut
1959 — 94
C. I. O. State Industrial
Council of Texas
1959 — 94
C. I. O. State Industi-ial
Council of Washington
1959 — 94
C. I. O. State Industrial
Council of Wisconsin
1959 — 94
C. P. U. S. A. — See Com-
munist Party, United
States
Cabot, Dr. Hugh
1948 — 322
Cabral, Manuel
1943 — 60, 176, 188
Cabrera, Martin
1945 — 205-207
Cacchione, Peter V.
1948 — 196, 226, 386
1949 — 624
Cadden, Joseph
1948 — 114, 151, 162, 163,
338
Cadel, David
1953—257
Cadillac Cabinet
1957 — 78
Cagney, James
1948 — 238, 244, 262
Cahiers Du Communisme
1949 — 174
1957—91, 96
Cahill, Herbert
1948 — 356
1949 — 246
Cahn, Dr. Ephraim
1959 — 185
Cain, Jim
1947 — 288
1948 — 189, 372
Calahan, Pat
1943 — 144
Calcutta Telephone
Exchange
1953 — 237
Calcutta University
1953 — 231
Caldecott, Rev. Ernest
1945 — 143
1947 — 185
1948 — 115, 184, 350
1949—634, 688
1951—276
1955 — 383
Calder, Viola
1948—193
Caldor, Peter
1951 — 287
Caldwell, Erskine
1948—194, 238, 273, 326,
330
1949 — 471, 540
Caldwell, Frank
1948 — 320
Caldwell, Josephine
1948—356
Caldwell, Malcolm
1948 — 161
Caldwell, Orville
1948 — 309
1949 — 691, 695
Calhern, Louis
1948 — 216, 262
California Action Confer-
ence for Civil Rights
1947 — 190, 191
1948—191
California American
Veteran's Committee
1951 — 288
California Association of
Colored Women
1953—284
California Association of
Colored Women's Clubs
1949—438
1951 — 289
California Assn. of Private
Investigators, Inc.
1948—16
California Association of
School Administrators
1953—211
California Attorney General
1951—75
California Chiropractic
Assn.
1948 — 18
California Civil Defense
Agency
1955 — 147, 148
California Committee for
Equal Employment Op-
portunities
1957—124
California Committee for
Political Unity
1949—288
California Committee for
Radio Freedom
1947 — 186, 190
California Committee of
Bar Examiners
1959 — 192
California Committee of
One Hundred for Po-
litical Unity
1959 — 18
California Communist
Party
1943—116
1947 — 21, 28, 89
1948 — 29, 60, 79, 104, 105,
106
1949_90, 94, 97, 138, 293,
306, 364, 424, 425,
549
1951_37, 84, 161, 169, 174,
180, 198, 209, 246
1953_5, 75, 77, 207, 262,
279
1959—17, 18, 25, 30, 31,
32, 33, 37, 39, 40,
44, 154, 171, 178,
181, 182, 209, 217
California Communist
Party, Chairman
1951—37
California Communist
Party Committee
1951—260
California Communist
Political Association
1951—84
California Conference for
Democratic Action
1947—170
1949—288
California Congress of In-
dustrial Organization
Council ^^ ^
1947_71, 72, 92, 101, 210
1949_421, 422, 424, 437,
475
1951_193, 194, 195, 196
California Defense and
Security Corps
1951—3
California Eagle. The
1947—67, 79, 89, 93
1948—49, 120, 137, 203,
221, 224, 346
1949_383, 419, 424, 548
1951_25, 250, 255, 256,
267
1953—284
1955—136, 422
California Emergency De-
fense Committee
1953—277, 282
California Farm Bureau
Federation
1948—15, 17, 19
California Federation of
Government Employees
1943—137, 141
California Federation of
Teachers
1953 — 272
244
UN-AMERICAN ACTIVITIES IN CALIFORNIA
California Federation of
Women's Clubs
1953 — 285
California Hospital
1955 — 101
California Housing and
Planning Commission
1947 — 209
1948 — 195
California Institute of
Technology
1949 — 477
1951 — 276
1953—100, 133
1957 — 130
1959 — 186
California Insurance
Commission
1959 — 134
California Joint Fact-Find-
ing Committee on Un-
American Activities
1949—484, 489
1959 — 130, 131
California Junior High
School
1947 — 240
California Labor Herald
1949—181
California Labor School
1947 — 47, 64, 71, 72, 79-90,
92, 94, 95, 99-105,
109, 145, 154, 156,
159, 160, 163, 210,
211, 213, 265, 277,
306, 369
1948 — 8, 11, 51, 53, 56, 95,
138, 170, 176, 195,
217, 218, 235, 236,
269, 325, 347
1949 — 288, 415, 416, 422,
423, 424, 425, 426,
427, 428, 429, 430,
432, 539, 543, 558,
559, 623, 635, 705
1951 — 28, 63, 64, 95, 133,
161, 258, 267, 277
1953—1, 76, 104, 105, 117,
197, 223, 247, 250,
251, 252, 254, 260,
262, 266, 267, 268,
269, 272, 274, 276,
277
1955 — 52, 88, 181, 182,
187, 202, 203, 233,
403, 404, 421
1957—109, 133
1959 — 39, 48, 132, 137,
184, 185
California Labor School
Chorus
1953 — 253
California Labor School,
Director of
1951 — 64
California Labor School,
Oakland
1953 — 253, 258
California Labor School,
Los Angeles
1959 — 16, 208
California Labor School,
San Francisco
1959 — 16, 184
California Labor School,
Southern Branch ; see
also People's Educa-
tional Center
1951 — 258
California Labor's Non-
partisan League
1959 — 17
California Law Review
1955 — 49
California League of Hous-
ing Authorities
1953 — 83
California Legislative
Conference
1948 — 38, 60, 62, 63, 195
1949 — 288, 435, 436, 438,
470, 629
1951 — 253
1953 — 1, 104, 118, 284
1955 — 4, 453, 454
California Legislative
Counsel
1949—8
California Legislative Joint
Fact-Finding Com-
mittee
1949 — 654
California Legislature
1959 — 9, 10, 17, 23, 27, 29,
37, 58, 59, 71, 78,
80, 83, 157, 199,
219
California Lutheran
Hospital
1955 — 98, 101
California Manufacturers
Assn.
1948 — 18, 19
California Newspaper
Publishers Assn.
1948 — 19
California Osteopathic
Assn.
1948-15-18
1955 — 286
California Peace Officers
Association
1959 — 156
California People's Legis-
lative Conference
1959 — 22, 34
California Political Action
Committee
1947 — 101
California Real Estate As-
sociation
1953 — 114
California Relief
Administration
1948 — 157
California Senate Commit-
tee on Education
1953 — 272
California Senate Commit-
tee on Un-American
Activities
1949—9, 257, 479, 675
California Sentinel
1948 — 139
California Staats-Zeitung
1943 — 233, 242
California Stage for Action
1948-392
California State Assembly
1959—132
California State Assn. of
Life Underwriters, Inc.
1948 — 16-18
California State Bar
Association
1951 — 260, 261
1955 — 144
1959 — 127, 130, 135, 188
California State Board of
Education
1947 — 326, 328, 330, 341,
348, 349, 353, 371
California State Chamber
of Commerce
1948 — 16-19
California State Employees
Association
1951 — 75
California State Federation
of Labor
1947 — 80, 81, 87
1948 — 10
1949 — 288
California State Industrial
Union Council
1948 — 160, 163
California State Medical
Association
1955 — 85, 91, 107, 115,
128, 129, 154, 210
California State Medical
Association, House of
Delegates
1955 — 101
California State Selective
Service Director
1951 — 233
California Technical
Institute
1948 — 182
1949 — 560
California Union of
Progressive Veterans
1951 — 2S8
California Youth
Legislature
1943 — 96
1947 — 209
1948 — 160, 195
1949—288
1955 — 420
1959 — 20
California-Washington Leg-
islative Committees on
Un-American Activities
1949 599
Callahan, W. E. Con-
struction Co.
1945 — IS
Callan, Bill
1955 — 36
Callbeck, Helen
1948 — 279, 280
Callender, Frank
1948 — 210
Caller, Fay
1948 — 186
1949 — 562
Calloway, I. Warner
1948 — 220
Calloway, Marie
1948 — 220
Calmer, Alan
1945—121, 126
194S — 273
1949—179, 471
Calstate Publications
1955 — 435, 462
Cambridge People's Voice
1949 — 383
Cameron, Angus
1949 — 4S0, 489, 491, 499,
505, 507, 512, 513,
517, 532, 536
Cameron, Dudley A.
1947 — S9
1948 — 201
1949 — 425
Cammer, Harold I.
1948 — 272
Camp Arcadia
1949 — 288
Camp Lordsburg
1943 — 349
Camp, Russell
1947 — 58
Campbell, Alan
1948 — 250
Campbell, Mayor Chas.
1948 — 4, 7
Campbell, Earl
1947—152
INDEX
245
Campbell, George
1947—51, 54, 55, 179, 180,
186, 188, 241, 260-
262
1948—198, 202, 239, 251,
255, 259, 311, 317
1949—435, 436
Campbell, Hugh
1947—73
Campbell, John A.
1955 — 422, 423
Campbell, Margaret
1948 — 311, 313
Campbell, Mary
194S — 377
Campbell, Ruby D.
1948 — 277, 278
Can Our Ballots Stop
Bullets
194S — 154
Canadian Communist
Party
1951—89
Canadian Friends of the
Chinese People
1948—144
Canadian Institute of
Technology
1955 — 404
Canadian League Against
War and Fascism
1943 — 93
194S — 150
Canadian League for Peace
and Democracy
1948 — 150
Canadian Royal
Commission
1949 — 496
1955 — 394
Canales, Gilbert
1955 — 388, 390
Canario, Frank S.
1951—254
Canby, Dr. Henry Seidel
1948 — 109, 262, 330
Cannaday, George E.
1951 — 267
Cannady, Camille
1948 — 356
Cannery and Agricultural
Workers Industrial
Union
1951—135
Cannery Workers Union
1959 — 134
Canning, Prof. John B.
1948 — 328
Cannon, Antoinette
1949 — 480, 499, 508,
Cannon, Dr. George D.
1949 — 480, 489, 499,
514, 519, 530,
Cannon, James
1943 — 36
1948 — 242, 265, 266
1949 — 162, 177
1957 — 84, 85
Cannon, James P.
1959 — 121
Cannon, Mrs. Myrtle
1948 — 355
Cannon, Sophie
1951 — 267
Cannon, Walter B.
1948 — 131, 262, 271,
351
1949—468
Cano, Sanin
1951—272
Canoga Park High School
1947 — 115, 117, 119, 120,
122, 124, 126, 128,
130, 132-134, 137,
138, 238, 354, 369
1953—110
518
508,
531
322,
Canon, James B.
1951—257
Canot, Eddie
194S — 210
Canseco, Rev. M. C.
1948—375
Cantor, Eddie
1948 — 132, 250, 255, 262
Cantor, Mendel
1955 — 388
Cantwell, Robert
1945 — 121, 126
1948 — 341
Canuck, Johnny
194S — 342
Canwell, Albert F.
1949 — 601, 605, 606
Capell, Evelyn
1948 — 278
Capp, David
1948 — 392
Capper, Hon. Arthur
1948^323
Capps, McClure
1948 — 210
Copifal
1949—21, 190, 191, 203
1953 — 21, 22, 23, 25, 224
Capitalism
1945 — 70, 71
Capitalist and the
Oppressed Masses
1953 — 12
Caplan, Rabbi Jonah E.
1949 — 480, 489, 499, 507,
511, 513, 519, 524,
527, 532
Capture the Film
1948—237
Caral)ello, Joseph
1955 — 388
Carabello, Sonja
1955 — 388
Cardenas, Gen. Lazaro
1951 — 273, 274
Cardona, Roger
1943—217
1945 — 183
Cardoza Bindery
1943 — 380
Cardoza, Rabbi D. A.
Jessurun
1949 — 480
Cardoza, P. J.
1943 — 356, 378, 379
Carey, Bernice
1948 — 343
Carev, James B.
1948—113, 151, 162, 179
273
1953 — 174, 176
Carle, Teet
1948—251
Carlin, Jeanne
1951 — 229
Carlisle, Harry
1945—126
1948 — 389
1949 — 688
1955 — 323
Carlson, Prof. A. J.
(Anton J.)
1949 — 480, 499, 502, 506,
510, 512, 521
1955 — 392
Carlson, Clarence C.
1947 — 239-241
1948 — 62. 241, 355
1949—435, 436, 437
Carlson, Gen. Evans
1953 — 139
Carlson, Lt. Col. Evans
1951 — 53, 264
Carlson, Mrs. Evans
1951 — 280
Carlson, Col. Evans F.
1947—98, 235, 290, 291,
322
1948—197, 201, 208, 239,
255, 279, 318
1949 — 289, 435
Carlson, Brig. Gen.
Evans F.
1959-175
Carlson, Dr. Glen
1947 — 239, 241
1948—355
1949—436
Carlson, Oliver
1943—61
1948 — 104
Carlson, Mrs. Wilma
1947—324, 332, 334, 336.
338, 341, 342, 344,
347, 353, 354
Carmer, Carl
1949—543
Carmon, Walter
1945 — 104, 119
1948 — 273
1949 — 471
Carmozzi, Marion
1949—549
Carnap, Prof. Rudolf
1949 — 480
Carnegie Foundation
1953—207
Carney, Jack
1948—243
Carnival in Flanders
1948 — 373
Carnovsky, Morris
1948—96, 97, 104, 105,
113, 114, 129, 151,
159, 171, 196, 202,
248, 328, 352, 356,
378, 390
1949—146, 480, 488. 489,
499, 502, 503, 504,
507, 508, 510, 512.
513, 514, 515, 525,
527, 537, 688
1951—58, 59, 60, 92, 93,
271
1953 — 174, 176
Caro, Jaco Bina
1943 — 146, 150
1947—72-74
1948—105, 106, 348
1949 — 688
Carp, Sam
1945 — 104
Carpatho Russian-American
Carpatho Russian- Ameri-
can Mutual Aid Society
1949 — 466
Carpenter, Iris
1948—185
Carpenter's (union)
1949 — 437, 476
Carr, Denzel R.
1959 — 83
Carr, Sam
1949 — 465
1951—260
Carr, "Wm. C.
1948 — 109
Carreon, Dr. Reynoldo
1948—15
Carrido, Dr. Luis
1951 — 272
Carrillo, Rafael
1951—274
Carrington, Jack
1948 — 356
Carrol, Mrs. Carrie
1949—437
Carroll, R. G.
1945-33, 34, 116
Carroll, Terry
1948—338
246
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Carroll, Dr. Vincent I'.
1948—16
Carroll, Wm.
194S — 94
1949—554
Carse, Robert
1948 — 189
Carson, Allan
1953 — 79, 120
Carson, Jules
1947 — 71, 78, 89, 'jO, 91,
101
1949 — 422, 424, 425, 429,
430, 432
Carson, Mimi
1948 — 358
Carson, Saul
1949 — 4S0, 486, 499, 509,
510, 513, 515. 537
Carter, Alan
1949 — 480
Carter, Dyson
1948 — 226
1949 — 633
Carter, Edward C.
1947 — 321
1948 — 169, 170, 357
1949 — 412
Carter, Mrs. Edward C.
1948 — 131
Carter, Elmer
1951 — 267
Carter, James
1948 — 206
Carter, James C, Judge
1955—298
Carter, Justice
1955—51
Carter, Marvin
1943 — 153, 164
Cartwright, Jack
1943 — 157
19 49 — 17 7
Caru.'^, Dr. Clayton
1948—171
Carvajol, Jose
1948 — 16
Carver Club
1948 — 214, 259, 2S0
1957 — 26
Carver Cultural Council
1948 — 392
Casals, Pablo
1948 — 311
Casden, Norman
1949 — 499
Case and Comment
1959 — 177
Case, Clair
1951 — 280
Case, Fox
1945 — 116
Casetta, Mario (Boots)
1949 — 542
Casey, TV. B.
1949 — 437
Cash, Vernon
1948 — 16
Caso. Alfonso
1951 — 272
Caspary, Vera
1947 — 179, 189
1948 — 97
Cassidy, Harry M.
1948 — 352
Cassidy, Mary Ann
1948—215
Cassil, Virginia
1959 — 212
Castelhun Dorothy
1948 — 341
Castle Lodge, Temple Israel
1948—280
Caston, Rev. J. L.
1948 — 333
Castro, Oscar
1949 — 438
Catacklill, Bessie
1948 — 377
Catholic Daughters
1948 — 15-17
Catholic Inter-Racial
Council
1948 — 147
Catholic T\"ar Veterar.s of
the V. S.
1948 — 1.5-19
Catlett, Elizabeth
1949 — 546
Cattell, J. McKeen
1948 — 24 S
Caughlin, John
1951—263
Cave, Jack
19 48 — 311
Cavett, Thomas L.
1943 — 7, 61
Cava, Al
1948 — 257
1949-688
Cavla, Florence
1948 — 251
Cavton, Ethel
1947 — 90
Cayton, Revels
19 43 — 87
1945 — 139, 140
1947 — 70, 90, 163
1948 — 162, 218, 283, 290,
303, 305, 307, 375
1949 — 421, 688
1953 — 102
1959 — 209
Cazden, Norman
1949 — 480, 508, 513, 536
CEC
1949 — 163
Cedars of Lebanon Hospital
1955_78, 82, 86, 98, 100,
105, 107, 108, 114,
127, 134, 135, 167,
221, 223, 224, 225,
226, 236, 308, 309,
310, 311, 359
Cedars' Shame
1955 — 109
Celebration of 15 Tears of
Birobidjan
1949 — 288
Celebration of 15 Years of
Birobidjan, Soviet
Union Colony
1953 — 173
Celler, Emanuel
1947 — 247
Celler Radio Bill
1947-184
Cena, Loco
1943 — 301
Censored
1948 — 130
Censored News
1948 — 5
Centenary of Marxism, The
1951 — 153
Central Committee of the
Communist Party
1948 — 135, 158, 385,
1949 — 398
Central Council of American
Croatian Women
1949 — 288, 289
Central Council of American
Women of Croatian De-
scent
1949—288, 289, 338
Central Intelligence Agency
1951 — 3
Central Labor Council
1947 — 48-50, 52, 70, 176,
188, 192, 261
Central Labor Council of the
American Federation of
Labor in Los Angeles
1949 — 421
Central Panchayat
1953 — 216
Central Plan Branch of the
Communist Party
1948 — 215
Central Trades and Labor
Council
1953—143
Cerda, Frank
1947—91
Cerney, Ed
1947 — 89
1949 — 425
Cerney, Isobel
1947 — 89-91
1949 — 428
Centre Anti-Communista
1943 — 201
Cervantes Fraternal Society
1949 — 466
Cestare, Frank
1948 — 186
1949 — 562
Chabot, Joseph
1947—73
Chadwick, John E.
1943 — 176, 191, 192
Chadwick, Martha B.
1948—266
Chaffee, Zachariah, Jr.
1948-198, 320
1953 — 175
Chakin, Alfred
1948 — 179
Challenge
1947 — 225
1948 — 260
1957—73
Challenge Records
1948 — 392
Challman, Dr. Robert C.
1949 — 480, 499, 504, 507,
512, 513, 518, 532
Chalmers, Mrs. Allan
Knight
1948 — 320
Chamber of Commerce
1948 — 171
1949 — 613
Chamberlain, Ernest R.
1943 — 109, 110
Chamberlain, Howard
1948 — 356
Chamberlain, Rowland
1943 — 135, 145, 147, 150,
164
1951—83
1955 — 306
Chamberlain, Rowland
1948—315
Chamberlain, Mrs. Selah
1948 — 144
Chamberlin, Rev. Mark A.
1949 — 4S0
Chambers, Pat
1943 — 37
1951—135
Chambers, Tom
1953 — 259
Chambers, Whitaker
1945 — 119
1948 — 266
1949—2, 678
1951—90, 183
1953 — 7, 175
1955 — 401
1959 — 167, 183
Cham.pion
1949 — 383
1955—88
INDEX
247
Champion, Clyde
1943 — 87
Champion Lahor Monthly
1949 — 383
Champion of Youth
1948—196, 197, 224, 334,
338
1949 — 313
Champion of Youth
Publishers
1949 — 383
Chan, Betty
1948 — 179
Chan, Hansu
1948 — 143, 198
Chance, Gene
1948 — G
Chandler, Ester
1951 — 2G0
Chandler, Harry
1943 — 165
Chandler, Dr. Wm. H.
1948—171
Chanan Sinsh
1953 — 223
Chandi-a, Bipan
1949 — 429, 430
1951—131, 133, 135, 140,
142, 145, 146, 147,
149
1953 — 221
Chandra Byean
1957 — 4
Chandra, H.
1953—215
Chandra, Ram
1953 — 214, 220
Chaney, Frances
1948 — 356
Chaney, Prof. Ralph
1948 — 144, 160
Chang-, Mr.
1947 — 91
Changes in Li Village
1957 — 135
Chanmng Man
1949 — 539
Chao Shu-li
1957 — 135
Chapas, Dr. Esther
1951 — 272
Chapin, Katherine G.
1945 — 127
Chaplin, Charlie (Charles)
1947 — 191
1948 — 189, 322, 324
1949 — 480, 491, 688
1951 — 271, 272, 273, 286
1953 — 131
Chaplin, John R.
1948 — 278
Chaplin, Ralph
1948—265
Chaplin, Sidney
1948 — 356
Chapman, Abraham
1951 — 278
Chapman, Detective
1957 — 47
Chapman, Dr. Emmanuel
1948 — 131, 201
Chapman, Hon. Oscar L.
1948 — 323
Chapman, Ruby V.
1945 — 34, 35
Chappell, Winifred L.
1948—246, 333
Charl, A. S. R.
1953 — 230
Charles, Andrew
1948 — 179
Charles, Lee
1949 — 635
Charn Singh
1953—216
Charry, Elias
1948—320
Chart, The
1948 — 49, 224
1949 — 383, 545
Charter, Record
1948 — 392
Charter, Steve
1948 — 343
Charters, W. W.
1953—151
Chase, Allen
1948—103, 115, 125
1949 — 480, 499, 501, 509,
511, 516
Chase, Borden
1948 — 16
1959—113
Chase, Rev. Don M.
1947 — 242
1948—202, 328, 352, 358,
377
1949—436
Chase, Ezra F.
1951—245, 248, 249, 253
Chase, Murray
1948 — 226
Chase, Roy
1948 — 196
Chasp, Russell
1948 — 272, 328
Chase, Stuart
1948 — 198, 234, 330
1953—151
Chasin, Joseph
1955 — 402, 404, 405
1959 — 203
Chasson, Jack
1948 — 179
Chasson, Jack Armand
1955 — 419, 420
Chatter jee. Prof. M. N.
1949 — 480, 499, 518
Chattopadhayaya,
Harindranath
1953—233, 234, 235
Chavez, Carlos
1948 — 317
Cheatham, James R.
1955—324
Cheek, Dr. David Bradley
1947 — 339, 340, 353
Chekov, Anton
1948 — 96
Chelsea JeAvish Children s
School (Mass.)
1949 — 289
Chemical Workers (CIO)
1948—204, 205, 206
Chen Neng'-kuan
1957—131
Chen, Si Lan
1948—198
1955 — 387
Cheney, Ralph
1948—161
Cherbonet, Cal
1948 — 295
Cherin, Rose
1943—125,126
Chermayeff, Serge
1949 — 480, 483, 499, 503,
527
1951—271
Chernenko, Lena ; see also
Scherer, Lena and Da-
vis, Lena
1951—76. 200, 205
1953—208
Chernin, Rose
1948 — 315, 316
1955—279,284, 328, 344,
388
1959—123, 124, 125, 126
Chernis, Jay
1948 — 314
Cheronis, Nicholas
1948 — 168
Chertoff, Naomi
1948 — 187
1949 — 563
Chevalier, Haakon M., Prof.
1945—128
1947 — 313
1948 — 4, 6, 8, 97, 144, 172,
175, 193, 236, 237
1949—688
1951—92, 230, 231, 234,
235, 236, 240, 241,
242, 243
1953 — 139, 174, 252, 280,
281
1955—432
Chevalier, Zelda
1953—278
Cheyney, J. M.
1948 — 383
Clieyney, Ralph
1948 — 270
Chiang Kai-shek
19 47 — 291
1948 — 142, 144, 197
1949—104
1951—27, 257, 278, 279
1953 — 229
19r,5— 119
1957—127, 128, 129, 132,
133, 136
Chiaurely, Mikhail E.
1949—497
Chicago Action Council
1949 — 289
Chicago Ail-American Anti-
Imperialist League
1948 — 273
Chicago Civil Liberties
Committee
1949 — 446, 447
Chicago College of Osteop-
athy
1955—233
Chicago Communist Party
1948 — 95
Chicago Conference on Race
Relations
1947 — 45
Chicago Enterprise
1947 — 340, 342, 344
Chicago Herald-Trihune
1948—102
Chicago May Day Commit-
1949—452
Chicago Normal College
1953—271 , .,. ^.
Chicago Peace Mobilization
1948 — 379
Chicago Star
1948—224
1949—383, 482, 535, 543,
546, 586
Chicago Star Publishing Co.,
Inc.
1949 — 546
Chico Board of Education
1947 — 331, 346-354
Chico High School ,^ „^„
1947—323, 326, 340, 342,
347, 348, 353-355,
370
Chico High School PTA
1947 — 347
Chico Record
1947 — 344
Chico State College
1947 — 336, 352
Chicareli, Michael
1948 — 226
Childress, Naomi
1943 — 157
Childs, Jack
1951—194
248
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Childs, Morris
1948 — 226, 343
1949 — 180
1953 — 71
Chilton, Gordon
1948 — 94
1949 — 554
China, Achar Singh
1953 — 223
China Aid Council
1948 — 151, 319, 336
1949 — 289, 452, 455. 505
China Aid Council of the
Legion for Peace and
Democracy
1947 — 313
1948 — 319
China Aid Neivs
1948—143
1949—384
China and the Asian-
African Conference
1957 — 139
China-Burma-India
Roundup
1951 — 24
China, Chinese Communist
Eighth Route Army
1951 — 53
China, Chinese People's
Communist Government
1951 — 27, 89, 257, 263, 277,
278, 279, 280, 286
China Conference Arrange-
ments Committee
1948 — 197, 198
1951—290, 291
China, Land of Many
Nationalities
1957—136
China Pictorial
1957—127
China Reconstructs
1957—132
China Strikes Back
1948—247
China Today
1948—143, 144, 198, 224
1949—384
China Today Mass Meeting
1948 — 147
China's New Democracy
1953 — 238, 239
Chinese Academy of
Sciences
1957—130
Chinese-American Bureau
of Research of Los
Angeles
1947—72
Chinese Communist Party
1948 — 143
1949 — 103, 104, 189
Chinese Cultural Cabaret
1953 — 267
Chinese Democratic Youth
Chorus
1951 — 277
Chinese National Party
1949—104
Chinese Revolution and the
Communist Party of
China
1953—238
Chinese Student Comes
Home
1957—130
Chinese Students
1957—135
Chinese Workers March
Toward Socialism
1957 — 133
Chinese Workers Mutual
Aid Association
1953—267
Chism, Clinton
1951 — 267
Choates, Edward
1948 — 208, 258
Chodorov, Edward
1949 — 449, 455, 480. 489
499, 501, 502, 503,
505, 509, 515, 521,
522, 529, 532, 534,
535, 537, 688
1951—53, 271
Chodorov, Jerome
1948 — 210
1949—480, 489, 499, 501,
506, 509, 510, 513,
515, 517, 535, 537,
688
1953—171, 172
Chodorov, Rhea
1948 — 228
Chorazyna, Madam
1949 — 120
Chotzinoff, Sam
1948—311
Chou En-lai
1953 — 136, 241
1957—126, 131, 139, 140
Chou Li-po
1957—135
Chown, Paul
1951—280
1953—278, 279
Chov, N. Y.
1947 — 96
Christensen, Dr. Helen
1947 — 239
Christensen, Nels Anchor
1947 — 346-348
Christensen, Parley Parker
1945 — 139, 140
1948 — 198
Christian Century, The
1948 — 246
1955—185
Christian League for Indus-
trial Democracy
1948—336
Christian Labor Party
1949 — 122
Christian, Leo E.
1947 — 89-91
Christian Register
1948 — 352
1949 — 451
Christian Register, The
1955 — 185
Christian Science Monitor
1947 — 120
1949 — 132
Christians, Mary
1948 — 262
Christianson, Dr. Helen
1948 — 355
Christianson, Leo B.
1949 — 425, 429, 431, 432
Christie, Lee
1948 — 179
Christopher, C. L.
1945 — 165-167
Christopher, Charles
1951 — 2S0
Christophorides, D.
1949 — 109
Christs Church of the
Golden Rule
1945—33, 38, 39, 40-43
Chudnow, Max
194S— 355
Chuman, Frank P.
1948—355
Chung, Dr. Margaret
1948 — 144
Church, Donna
1953—259
Church League for Indus-
trial Democracy
1948 — 318
1949—289
Church of the Hammer and
Sickle
1948 — 344
Churchill, Henry S.
1949 — 480, 499
Churchill, Winston
1947 — 20, 207
1949—15, 17, 51, 74, 108.
442
1953 — 69
Churchman, The
1955—185
Chworowsky, Rev. Karl M.
1949 — 4S0
Chyz, Yaroslaw
1949 — 486
Cikovsky, Nicolai
1949—480. 489, 499. 505,
536, 537
Cikowski, N.
1948 — 261
Cimring, Annette
1947 — 70, 299. 300
1949 — 421
1955 — 391
Cimring, H., Dr.
1951—267
Cimring, Harry, Dr.
1955 — 348, 383
Cinema Bureau in Moscow
1948 — 193
Cinema Bureau of the In-
ternational Union of
the Revolutionary The-
atre
1948 — 237
Citations
1949 — 678
1951 — 290
Citizen Tom Paine
1959 — 85
Citizens Advisory
Committee
1948—14, 15
1949 — 8, 9, 602, 651. 652,
683
Citizens Committee for
AMTER
1949 — 520
Citizens Committee for
Better Education
1947 — 56
1948 — 198-200, 231
1949 — 289, 459
Citizens Committee for
Democratic Freedom in
North Africa
1949 — 216
Citizens Committee for
Harry Bridges
1948 — 34, 97, 248, 363
1949 — 289, 290. 504
1951 — 60
1955—88
Citizens Committee for Rob-
ert Thompson and Ben-
jamin J. Davis
1949 — 522
Citizens Committee for the
Defense of Mexican-
American Youth
1943 — 216, 217
1945—182, 183. 184
1947 — 45, 189
1948—365. 375
1949—290. 295
1951 — 257
Citizens Committee for the
Election of Simon W.
Gerson
1949—524
INDEX
249
Citizens Committee for the
Motion Picture Strikers
1947 — 188, 190, 191
1948 — 201
1949 — 290
1951 — 57, 60
Citizens Committee for the
Protection of the For-
eign Born
1959 — 12G, 128, 129, 132,
133, 134, 135, 144,
214
Citizens Committee for the
Recall of Councilman
McClanahan
1947 — 55
1949—290
Citizens Committee for the
Upper West Side
1949 — 290
Citizens Committee on
Academic Freedom, The
1948 — 54
1949 — 290
Citizens Committee to Aid
the Locked-Out Hearst
Employees
1947 — 56, ISO, 187
1948—147
1949 — 291
Citizens Committee to De-
fend Representative
Government
1949 — 524
Citizens Committee to End
Discrimination in Base-
ball
1947 — 190
Citizens Committee to Free
Earl Browder
1947 — 210, 219
1948 — 7, 34, 55, 104, 118,
200, 319, 329, 330,
334-336, 351
1949—291, 520
Citizens Committee to Pre-
serve American Free-
doms
1955—204, 309, 311, 332.
360, 363
1959 — 144, 207, 214
Citizens Committee to Sup-
port Labor's Right
1947 — 187
1949 — 291
Citizens for Political Free-
dom
1959—212
Citizens for "Victory Com-
mittee
1948 — 136
Citizens Housing- Council of
Los Angeles
1953 — 83
Citizens No Foreign Wars
Coalition
1943 — 251-253
Citron, Byron
1948 — 179
1953 — 103
Citron, Ula
1948 — 179
City Action Committee
Against the High Cost
of Living
1949 — 291
City College
1957 — 22
City College of New York
1948 — 178, 338
1955 — 404, 410
City Terrace Cultural Club
1949—427, 434
Civiern, Frank J.
1948 — 94
1949 — 554
Civil Rights
Congress
1947-
—55,
70, 75, 187
1948-
-35,
47, 4S, 55
, GO
61, 7
5, 122, 136
139
191,
201, 206,
209
220,
221, 224,
230
231,
338, 362,
363
378
1949-
-148,
267, 291,
292
295,
306, 320,
332
340,
369, 381,
421,
439,
442, 443,
444
4 45,
446, 447,
448
449,
450, 451,
452
453,
454, 455,
456
506,
515, 517,
522
523,
524, 526,
542
543,
548, 551,
635,
678
1951-
-24,
36, 248,
253
254,
255, 256,
258
264,
265, 266,
267,
281,
287, 289
1953-
-1, 9'
", lis, 247,
255,
260,
261, 262,
277,
282
1955-
- 88,
91, 159,
175,
182,
189, 190,
204,
208,
231, 234,
239
245,
246, 262,
297,
299,
300, 307,
327
32S,
o29, 33G,
339,
342, 343, 346, 347
360, 373, 385, 386
404, 417, 422
1957 — 106, 107, 108, 109
117, 119
1959 — 34, 124, 125, 126
127, 128, 129, 131
132, 133, 134, 135
137, 149, 20S
Civil Rights Congress, Ala-
meda County
195o — 260
Civil Rights Congress Bul-
letin
1955 — 347
Civil Rights Congress, City
Terrace Chapter
1951—267
Civil Rigiits Congress Com-
mittee to Save Robert
Wesley Wells
1955 — oo5
Civil Rights Congress for
Texas
1949 — 292
Civil Rights Congress, Long
Beach Chapter
1951 — 267
Civil Rights Congress,
Milwaukee Chapter
1949 — 292
Civil Rights Congress of
Michigan
1949 — 2y2
Civil Rights Congress of
New York
1949 — 346, 446, 548
Civil Rights Congress,
Northern California
1953 — 272
Civil Rights Congress,
Pacific Coast Director
1951—264
Civil iiignts Congress,
San Diego
1955 — 389
Civil Rights Council nf
Northern California
1947 — 209
1948-^163
1949 — 2;-2, 348
Civil Rights Division of Mo-
bilization for Democracy
1949 — 292, 448
Civil Rights Federation
1<»48 — 61
19 49 — 292
Civil Rights Federation :n
Detroit
1949 — 446
Civil Rights Mobilization
1957—108
Civil Rif/hts News
1948—224
1949—384
Civil Service Commission
1959—139, 156, 174
Civil War in France
1949—190, 191
Civil War in the United
States, The
1949 — 191
Civinini, Joseph
1943 — 284, 292
Claiborne, Robert
1948—392
Claire, Bonnie
1947 — 96
1948 — 131
Clansaddle, Nellie
1948 — 227
Clare, Ralph
1948 — 16
Claremont College
1953 — 133
Clarity
1948 — 49, 1;24
1949 — 384
(^lark, Alden
1947 — 152, 163
Clark, Arnold
1951 — 229
Clark, Clinton
1948 — 163
Clark, David
1948 — 377
Clark, Durward
1948 — 94
1949—554
Clark, Edward
1948 — 356
Clark, Evans
1949 — 670, 671
Clark, Harold F.
1953—153
Clark, John Gee
1943 — 188, 189, 134
1947 — 185, 186
Clark, Joseph
1948 — 213, 233, 343
Clark, Margarete L.
1943 — 149
1947 — 239
1948 — 198
Clark, Robert G.
1949 — 601
Clark, Susan
1947 — 89
1949 — 425
Clark. Tom
1948—59, 110, 202, 204,
206, 207
1949—202, 224, 257, 267,
268, 270, 271, 272,
273, 274, 277. 278,
280, 281, 282, 284,
285, 286, 288, 289,
290, 291, 292, 293,
296, 297, 298, 299,
300, 301, 303, 304,
305, 306, 311, 312,
313, 314, 316, 317,
319, 321, 323, 324,
326, 327, 330, 332.
335, 336, 337, 339,
341, 344,345, 348,
350, 351, 352, 353,
354, 355, 356, 357,
358, 359, 362, 366,
367, 369, 370, 371,
250
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Clark, Tom — Continued
372, 373, 375, 37:
402, 413, 523
1959 — 141
Clarke, Ang-ela
1948 — 356
Clarke, L. J.
1957—126, 140
Clarke, T. E. B.
1948—374
Class Struggles in France
1949 — 191
Clawson, Archie
1949 — 601
Clay, Eugene
1945 — 124, 126
1948 — 274
1949 — 471
Claypool, Leslie E.
1948 — 341
1949 — 688
Clayton, Revels
1945 — 195, 196
Cleary, Mrs. Betty
1948—16
Clement, Ada
1943 — 137
1948 — 185
Clement, Orace
1943 — 12f)
Clement, Dr. Rufus E.
1^48 — 262, 271
1949 — 488, 480, 484, 499
502, 505, 513-515,
518
Clement, Rufus R.
1940 — 507
Clewitt, Howard S.
1947 — 345
Clifton, John
1943—144
Clifton, Leon
1948 — 146, 148
1949 — 688
Cline, Minnabell
1943—217
1945 — 182
1948 — 375
CVi-e. Paul
1943—146, 147, 159, 167
1945 — US
1947 — 170, 226, 294, 297
1959—24
Clinton, Clifford E.
1943 — 343
Clinper, The
1948 — 135, 137, 167, 224
246
Cloke, Shirlev
1948 — 215 '
Closed Communist Party
Caucuses
1943 — 188
Clothier, Dr. Robert C.
1948 — 323
Cloud, A. J.
1947 — 88. 93
1949 — 425
Cluen, Reene
1948—184
1949 — 561
Clugston, W. G.
1949 — 480, 489
Clurman, Harold
1945 — 126
1948—274
1949 — 471
Clyde. Mrs. Ethel
1948 — 170, 179
Coakley, Frank
1951 — 254
Coast Counties Gas &
Electric Co.
1955 — 401, 405
Coates, Robert
I, 1945 — 121
1949 — 480, 489, 499, 501,
504, 510, 512, 518,
.- Ku X. ^^^- 527, 528, 537
Cobb, Humpnrey
1945—127
1948 — 316
Cobb, Lee
1948 — 356
1949—480, 488, 489, 499
508, 510, 513, 515'
Cobb, Margaret
1949—437
Cobb, Dr. Stanley
1949—480, 517
Cobb, Tom
1948-377
Cobbs, Dr. P. P
1947 — 96
1948—185
Cobbs, P. Price, Dr.
1953—107, 109
1955 — 112, 237, 238, 2S9,
240, 241, 294, 305,
312, 313, 314, 315,
319, 320, 323, 326,
335, 344, 346, 348,
370, 374, 386, 390,
1959 — 125
Cobbs, P. Price, Mrs
195r. — 316
Coburn, Muriel
1948—356
Cochran, Wm. F
1948 — 109
Codornices Club
1948-215
Coe, Charles J.
1949 — 546
Coe, Frank
1959 — 172, 173, 176
Coe, Dr. George A.
1948—151, 152, 328. 333,
352, 358, 359, 377
1951 — 280, 281
Coe, James Everett
1943—356, 374, 375
Coe, Lee
1948—343
1953 — 282
Coffee, John ^V.
1948—109, 116, 132, 151,
181, 186, 208, 226,
310, 318, 328, 351,
375
1949—562
Coffin, Dr. Henry S
194S — 322
Cogel, Anna J.
1955 — 389
Cogliandro, A. M.
1943 — 284, 299
Cohee, Alice
1947 — 179, 190
Cohee, John
194.3—155
1945 — 195, 196
1947 — 180, 190
1948 — 375
Cohee, Mr. and Mrs. John
1947—96, 97
1948 — 183
Cohee, Lester
1945 — 121, 127
Cohelan, Mrs. Jeffrey
1948 — 194
Cohen, Arthur
1951 — 287
Cohen, Betty
1955 — 448
Cohen, Elizabeth Boggs
1955- — :167
Cohen, Rabbi Henry
194S— 114
Cohen, Hvman
1948—259
Cohen, Rabbi J. K.
1948 — 198
Cohen, Rabbi J. X.
1949 — 480, 489, 491, 499
502, 507, 509, 515,
517, 524
Cohen, Jeannette
1948 — 179
Cohen, Rabbi, Jehudah N.
1948 — 146, 149
Cohen, Joseph
1948 — 196, 338
1949 — 548
Cohen, Dr. Julius
1948 — 16
Cohen, Leon
1948-94
1949 — 554
Cohen, Lester
1948 — 244
Cohen, Lewis
1948 — 377
Cohen, Max R.
1948 — 151
Cohen, Morris
1947 — 180
1948 — 270
Cohen, Nat
1948 — 212
Cohen, Rueben B.
1948 — 266
Cohen, Rabbi Samuel M.
1948—152
Cohn, Aaron
1955 — 391
Cohn, Rabbi Franklin
1948 — 145
1955 — 132, 307, 308, 387,
388, 390
Cohn, Morris E.
1948 — 59, 251, 255, 259,
372, 374
1955 — 208, 383
Colamiris, Angela
1959 — 167
Colbert, De^Htt
1948 — 183
Colby, Merle
1945 — 126
1948—274
1949—472
Cole, Erwin
1955 — 335, 367
Cole, Gladys
1948-356
Cole, Lester
1948 — 60, 97, 215, 239, 274,
276, 279, 346, 372
1949 — 472, 478, 480, 499,
501, 506, 510, 511,
513, 510, 519, 520,
524, 527, 688
1951 — 57, 58, 268, 271
1953 — 139, 174
1955 — 441
Cole, Lorenza Jordan
1948 — 317
Cole, Robert
1943 — 146, 147, 148, 197
Cole, Dr. Sidney S.
1959 — 185
Cole V. Young
1959—191
Cole, William G.
1949 — 596
Coleman, David
1948 — 16
Coleman, Edward C.
1953 — 176
Coleman, Festus
1948 — 167, 274
1949 — 308
Coleman, Dr. James C.
1943 — 119, 120
1948—198
INDEX
251
Coleman, Dr. Le Grande
1948 — 185
1953 — 283
Coleman, I^ewis
1951—359
Coleman, I^ouis
1949—179
Coleman, Timothy
194S — 220
Colen, Louise
1948 — 149
Coles, Ann
1948 — 270
Collapse of the Second
International
1949 — 190
College and Life
1947 — 324
College of Medical Evange-
lists, Scliool of Medi-
cine
1955 — 145, 3G7
College of Osteopathic Phy-
sicians and Surgeons
19 55 — 271
College of the City of
New Yorli
1953—87, 127, 278
College of the Pacific
1953 — 133
College Teachers Union,
Local 537, A. F. of L.
1959—94
Collier, Nina P.
194S — 278
Collins, Alexandra
1949—428, 433
Collins, Dr. C. L.
1959 — 184
Collins, Charles
1948 — -114
1949 — 449
Collins, Dorothy T.
1948—377
Collins, Frank
1951—229
Collins, Mrs. Prank
1948 — 16
Collins, George D., Jr.
1948 — 249
Collins, James
1947 — 202, 212
Collins, Richard
1945—116, 117
1948 — 215
1959 — 116
Collins, Jr., Harry
1959 — 175
Collins, Jr., Henry
1959 — 172, 173, 175
Collins, Jr., Major Henry
1959—175
Colliver, George H.
1959 — 185
Colman, Edward C.
1948 — 329
Colman, Louis
1948—93, 202, 266, 328,
352
1949 — 447, 449, 450
Colombia University,
President of
1951—67
Colomis, George
1947—239
Columbia Broadcasting Co.
1947 — 364
1948 — 313
Columbia Foundation
1955 — 221
Columbia Motion Picture
Studio
1943 — 83
1947 — 364
Columbia University
1948 — 337, 338, 352, 390,
391
1949 — 451
1953 — 87, 194, 271
1955—221, 410, 421
1957—93
1959—45, 54, 176
Columbus Peace Association
1949 — 292
Colver V. Skeffington
1949 — 246, '255
Combs, R. E.
1943—7
1945—6, 147-159
1947 — 58-60, 99-102, lOS,
110, 111, 116-118,
120, 124, 127-129,
146, 147, 150, 153,
171, 172, 192, 194,
198, 199, 201, 218,
222, 245, 247, 248,
250, 251, 255-258,
264, 265, 273, 275,
277, 278, 281-283,
289, 294, 299, 302-
306, 309, 324, 326,
329, 331, 332, 335,
336, 338-342, 345-
349
1948 — 8-14, 111, 173, 175,
219-221, 235, 258,
282, 292, 298, 299,
308, 346, 349
1949 — 601, 602, 609, 612,
613, 629, 634
1951—1, 4
1959—156, 204
Comey, Marge
1943 — 134
Coming of Age
1947—324, 331, 336-339,
344, 353
Coming Struggle for Power,
The
1943 — 118
Comingore, Dorothy
1943—217
1945 — 182
1948 — 97, 375
Cominform
1949 — 20, 32, 33, 35, 58,
60, 101, 102, 106,
107, 110, 111, 127,
130, 193, 202, 230,
265, 298, 388, 490,
617
1951 — 40, 130
1957—92, 93, 96
Cominform Bulletin
1953—239
1957—8, 82
Cominform Manifesto
1949 — 16, 34
Comintern
1943 — 39, 40, 93
1945_83, 85, 146, 153
1947 — 8, 9, 20, 26, 29, 30,
36, 38, 44, 67, 78,
108, 216, 219, 310
1948 — 9, 10, 33, 35, 65, 73,
75, 79, 81, 83, 106,
107, 113, 118, 122,
124, 133, 142, 143,
149, 166, 178, 190,
191, 232, 233, 242,
243, 265, 267, 362,
363, 383, 384
1949_16, 20, 32, 34, 47,
■ 60, 85, 88, 101, 103,
135, 161, 162, 163,
167, 168, 169, 170,
171, 172, 173, 174,
175, 176, 178, 179,
180, 182, 195, 197,
229, 230, 231, 233,
234, 235, 236, 237,
238, 239, 240, 241,
243, 244, 363, 364,
374, 413, 415, 478,
615, 656, 680
1951—7, 8, 42, 54, 65, 86,
180, 181, 182, 185,
186, 236, 257
1953 — 7, 17, 24, 47, 48,
54, 70, 71, 136, 138,
139, 152, 157, 226,
230, 245
1955—385
1957 — 82, 92, 105, 106
1959—89, 95, 110, 111,
115, 119, 121, 137,
170, 171, 183
Comintern, Executive
Committee
1951 — 185, 257
1953 — 71
1959 — 121
Comintern, International
Red Aid Section
1951 — 259, 260, 261
Comintern Seventh Con-
gress
1959 93
Comite Co-ordinator Pro
Republican Espanola
1949 — 292
Comite Defensor del
Pueblo Mexicano
1955-388, 390
Commentary Magazine
1951 — 50
Commercial Telegraphers
Union
1959 — 104
Commissar for Heavy
Industry
1959 — 109, 110
Commission of Inquiry
Into the Moscow Trials
1951 — 38
Commission on Government
Security
1959_96, 138, 142, 200,
201
Committee Against War
Propaganda
1949 — 292
Committee for a Boycott
Against Japanese
Aggression
1947—202
1948-147, 319, 335
1949 — 293
1953—176
Committee for a Far
Eastern Policy
1955 — 292
Committee for a Demo-
cratic Far Eastern
Policy
1948 — 168. 169, 197, 19S,
1949 — 105^ 294, 454, 455,
505
1951_276, 277, 278, 280,
289
1953 — 1, 247, 266, 267, 277
1955—293, 350
Committee for A. F. of L.
Participation in World
Federation of Trade
Unions
1949 — 548
Committee for Amalgama-
tion
1955—296, 315, 350
252
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Committee for Citizens
Rights
1948 — 122, 358
1949 — 293, 440, 452, 454,
455
Committee for Civil Rights
for Communists
1948 — 34
1949 — 293, 440
Committee for Concerted
Peace Efforts
1949—293
Committee for
Correspondence
1948 — 12, 13
1951—173, 174
Committee for Cultural
Freedom
1948—102, 121-125, 128,
129, 135, 166, 168,
191, 365, 366, 370,
371
1951 — 38
Committee for Defense of
Joint Anti-Fascist Ref-
ugee Committee
1948 — 55
1949—294
Committee for Defense
of Mexican-American
Youth
1959—137
Committee for Defense of
Public Education
1948—381, 392
1949—294
Committee for Democracy
and Intellectual Free-
dom
1951 — 238
Committee for Democratic
Action
1949 — 295
Committee for Democratic
Far Eastern Policy,
San Francisco Chapter
1953—267
Committee for Democratic
Rights
1949 — 295
Committee for Free Polit-
ical Advocacy
1949 — 146, 527
Committee for Industrial
Organization
1953 — 52
Committee for Medical
Freedom
1955 — 109, 167, 310
Committee for Peace
Through World
Cooperation
1948—67, 335
1949—294
Committee for Peaceful
Alternatives
1951—275, 289
1955 — 182
Committee for Peaceful Al-
ternatives to the Atlan-
tic Pact
1953 — 247
Committee for the Care of
Young Children in War
Time
1948 — 168
1949—295
Committee for the Defense
of Foreign Born
1955—387
Committee for the Defense
of Mexican-American
Youth
1945—184, 185, 193, 195
1947 — 97
1949 — 295
Committee for the Election
of Robinson and Hit-
telman
1955—373
Committee for the First
Amendment
1948—35, 55, 61, 211
1949^295, 630
1951 — 290, 291
1955—455, 456, 457, 458,
459, 460, 461, 462,
463
Committee for the Release
of Earl Browder
1948 — 253
Committee for the Support
of S. W. Gerson
1947—210
1949 — 295
Committee Honoring
Georgi Dimitrov
1947 — 210, 219
Committee of Action for
Peace and Democracy
1949 — 458
Committee of Cultural Or-
ganizations to Defeat
the Mundt-Nixon Bill
1949 — 294
Committee of Jevpish "Writ-
ers, Artists and Scien-
tists, Inc.
1949 — 394
Committee of One Hundred
for Political Unity
1959 — 18
Coinmittee of Professional
Groups for Browder
and Ford
1948 — 153
1949—295, 521
Committee of Students for
Academic Freedom
1953—194
Committee of Women
1948 — 227, 323
Committee on Academic
Freedom
1959 — 82
Committee on American
Citizenship
1955 — 142, 143
Committee on Election
Rights
1948—112, 381
1949 — 296
Committee on Japanese Ac-
tivities in California
1943 — 322
Committee on One Thousand
1948 — 35, 55
1949 — 295
Committee on One Thousand
Home Buyers
1953—103
Committee on Privilege
and Tenure
1951 — 74
Committee on Un-American
Activities
1949 — 439, 441, 447, 501,
502, 503, 504, 505.
506, 507, 508, 509,
510, 511, 512, 513,
514, 516, 532, 533.
534, 536, 538
Committee on Un-American
Activities, House of
Representatives
1947 — 81-83, 141, 201, 236,
313
194S — 97-99, 102, 104, IIS-
126, 134, 135, 165,
166, 217, 250, 266,
274, 277, 328, 330-
333, 361-371, 380,
386
Committee Protesting At-
tacks Against the Abra-
ham Lincoln Brigade
1947 — 210
1949 — 296
Committee to Aid Chinese
Trade Unions
1948 — 143, 211
1949 — 296
Committee to Aid the
Fighting South
1949 — 296
Committee to Defend Amer-
ica by Keeping Out of
War
1947 — 202
1948 — 67, 115, 149, 150,
211, 342, 351
1949 — 296, 451, 453-455
1953 — 280
Committee to Defend
Angelo Herndon
19 48 — 34
1949 — 296
Committee to Defend
Don West
1949 — 526
Committee to Defend
the Rosenbergs
1953 — 283
Committee to Re-elect Vito
Marcantonio to Con-
gress
1947—219
Committee to Reverse the
Smith Act
1959 — 149
Committee to Save Foreign
Language Broadcasts
19-i9 — 297
Committee to Save Spain
and China
1948 — 147, 335
1949 — 297
Committee to Secure Justice
for the Rosenbergs
1953— 2.S2
Committee to Win the Peace
1948 — 197, 198
1951—276
Commons, Natalie
1948 — 278
Commonwealth Club of
California
1959 — 215, 218
Commonwealth College
1948 — 145
1949 — 297
Commonwealth of Oceana
1945 — 71
Commonu-ealth v. Rhoads
1949 — 254
Communication Workers of
America, CIO
1955—418
Communism and Academic
Freedom, The Record
of the Tenure Cases at
University of Washing-
ton
1953 — 201
1957—8, 11
INDEX
253
Communism in Action
1947—314, 315, 317, 319
1949 — 67, 654
Communique
1948 — 190
Communist — See Communist
Party or particular sub-
division
Communist Book Store
1957—127
Communist County Central
Committee
1947 — 139
Communist Infiltration in
the U. S.
1949 — 654
Communist Information Bu-
reau— See also Comin-
form
1949—32, 101, 106, 110,
183, 222, 224, 297
Communist International — •
See also Comintern
1943—39, 40, 93
1947 — 9
1948 — 120, 150, 163
1949 — 32, 85, 86, 100, 101,
103, 107, 110, 117,
119, 127, 128, 131,
135, 155, 156, 157,
158, 159, 160, 161,
162, 163, 164, 166,
167, 168, 169, 170,
172, 173, 174, 175,
176, 177, 179, 180,
181, 182, 183, 185,
193, 195, 197, 199,
202, 206, 207, 223,
229, 230, 231, 232,
233, 234, 235, 236,
237, 238, 239, 240,
242, 243, 245, 247,
248, 252, 258, 259,
265, 272, 278, 279,
297, 298, 300, 310,
318, 321, 352, 354,
358, 363, 368, 373,
374, 376, 377, 385,
390, 420, 423, 439,
440, 446, 463, 464,
488, 490, 522, 550,
555, 563, 617, 677
1951—8, 11, 48, 181
1953 — 195
1957 — 92
1959 — 21, 89
Communist International,
Executive Committee
1953—231
Communist International,
Sixth World Congress
1957 — 85, 116
Communist International
Union of Revolutionary
Writers
1949 — 374
Communist Intrigue
1943 — 80, 81
Communist Labor Party
1949—157, 159, 177, 298
1953—58
Communist Labor Party of
America
1949 — 157, 162, 193
Communist Labor Party of
California
1949—571
Communist League
1949 — 14
1953 — 12, 17, 18, 19
Com,munist Legal Subver-
sion
1959 — 135
Communist Manifesto
1943—19, 21, 26
1945 — 80-82
1948—14, 16, 25, 34, 48,
191, 195, 217, 233
1949 — 36, 63, 76, 80, 128,
190,
616,
16,
141, 152, i;
193, 203, 205,
617
1951—177
1953 — 7, 10, 11, 12,
17, 19, 20, 25, 27,
31, 50, 190
1955 — 88, 89, 379, 413
1957 — 146
Communist National Com-
mittee of the United
States
1955—43
Communist Notebooks
1957—91
Communist on State
Pay Roll
1943 — 116
Communist Party — See also
various subdivisions of
the party
1943 — 12-198, 256, 383
1945 — 5, 6, 59, 66-210
1947 — 10-362
1948 — 20-393
1949 — 13-588
1951 — 1-291
1957—1, 3, 4, 6, 7, 8, 9,
10, 11, 13, 21, 26,
29, 31, 33, 57, 62,
74, 75, 76, 77, 78,
79, SO, 81, 83, 85,
88, 89, 90, 91, 92,
95, 96, 98, 101,
102, 105, 108, 114,
115, 117, 118, 119,
120, 124, 143, 144,
145, 146, 148, 151,
152, 153, 155, 156,
157
1959 — 9-13, 18-27, 30,
34, 38, 39, 41, 42,
43, 47, 49, 50, 51,
52, 55, 56, 57, 58,
81, 84, 85, 90, 91,
92, 96, 98, 99,
101, 102, 105, 106,
109, 110, 111, 112,
115, 117, 118, 119,
120, 121, 122, 123,
124, 125, 126, 127,
128, 129, 130, 131,
132, 133, 134, 135,
136, 139, 143, 145,
146, 148, 149, 151,
154, 155, 157, 158-
166, 167, 168, 169,
170, 171, 172, 176,
177, 180, 181, 184,
186, 187, 188, 189,
190, 192, 193, 194,
195, 196, 202, 203,
206, 208, 209, 210,
211, 214, 215, 216,
217, 218
Alameda County (see
also Alameda County
Communist Party)
1953—5, 74, 256, 257,
261, 263
1955 — 386
American
1953—50, 51, 52, 57, 58,
60, 69, 75, 165,
190
As agent of a Foreign
Power
1949 — 654
Book Stores in California
1948 — 224
British
1949 — 172, 173
1953—231, 232
British International
Committee
1953—231
California (see also Cali-
fornia Communist
Party)
1955^14, 21, 41. 404
1959 — 18, 25, 33, 37, 39,
44, 154, 171, 178,
217
California, Arizona, and
Nevada District
1957—1
California, Northern Dis-
trict
1959—30, 32
California, Political Com-
mission
1959 — 17
California, Southern Dis-
trict
1959—31, 40, 181, 182,
209
Central Committee
1959 — 23
Central Executive Com-
mittee
1947 — 316
1949 — 88, 93
1951—49, 82, 185, 190,
191, 199
Cultural Commission
1959—86, 113
China
1953 — 232, 236, 239
1955—118
Committee, New York
State
1953—141
Conference, British
Empire
1953—232
Congress
1953—34
Congress, Prencli
1953—232
Control Commission
1943 — 74
1951 — 185, 190, 191
Control Commission
Chairman
1951—185
Conventions
1943 — 73
County Bureaus
1951—206
Czechoslovakia
1957 — 94
1959 — 159
Disciplinary Commission
1959—118
District 13
1951—36, 172, 176, 178,
179, 180, 186, 187,
191, 202, 208, 259
1953 — 13, 77, 279
District 13, Bureau
1951—185, 186, 187, 188,
189, 191, 196, 203,
228
District 13, Committee
1951_187, 189, 190, 209,
210, 217, 235
15th National Convention
1953—140, 141
France
1955 — 309
1957—76, 90, 91, 92, 95,
96, 97
Germany
1949 — 172
1955—180
1959 — 203
254
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Communist Party —
Continued
India
1953—223, 224, 226, 227,
230, 231, 236, 237,
238, 239
India Central Committee
1953 — 225, 230
India, Politburo
1953—230
Italy
1959—161
Labor Commission
1959—195
Little Theatre
1947 — 73, 74
Los Angeles —
1953 — 101
1955 — 292, 410, 411, 420
Los Angeles County
1953 — 78. 89, 102, 106,
107, 110, 111, 124,
125, 173
1955—109, 181, 214, 220,
273, 285, 414, 420,
421
1957 — 97
1959 — 27, 110, 111, 208
Los Angeles County, Po-
litical Commission
1959 — 20, 26
Los Angeles County, Pro-
fessional Section
1959 — 118
Manual
1943—65
National Chairman
1951 — 24
National Committee
1947 — 153, 222
1951—15, 19, 21, 28, 37,
124, 134, 161,
178, 185, 236,
262, 281
National Review
Commission
1953 — 174
New York
1953—278
1959 — 176
New York State District
1953—141
New York State Election
Committee
1951 — 100
Party Committee
1959 — 158-166
Pennsylvania
1959 — 191
Poland
1957 — 94
Political Commission
1959—19, 21, 22
Professional Section
1959—17, 117
Publications
1948 — 224
Punjab
1953 — 231
Reorganization
Commission
1953—231
San Francisco
1953 — 267
1955 — 404
School, San Francisco —
See also California
Labor School or Tom
Mooney Labor School
1951—95, 231, 234, 235,
240, 254
Seventh Congress
1957—89, 90, 91, 105,
106
Soviet Union
1953 — 38, 54, 65, 195
1955 — 413
1959 — 136, 178, 183,
195
Soviet Union, Central
Committee
1953 — 34, 35, 36, 39
Soviet Union, Politburo
1953 — 195
Soviet Union, Twentieth
Congress
1959 — 35, 38, 144
Soviet Union, Twenty-
first Convention
1959—194
State Committee
1959 — 130
State Trade Director
1951—24
Textbook
1945 — 97, 154, 155
Trade Union Department
1951 — 191
Twentieth Congress
1957 — 30, 72, 82, 93, 94,
97, 127
United States
1949—157, 193, 194,
233, 298,
1953 — 5, 32, 67, 70, 73,
74, 77, 139, 140,
141,
15S,
173,
174
195,
198,
203,
205,
206,
241,
257
1955-
-41,
80, 195,
267,
279
280, 38
2
1957-
-76,
77, 80, 85, 95
1959-
-11,
24, 90,
100,
101,
102,
120,
102,
120,
126,
141,
148,
149,
153,
156,
170,
171,
188,
192,
199,
210
42, 43,
102,
124.
181.
40,
85,
109,
146,
188,
124,
147,
151,
167,
183,
195,
United States, Adminis-
trative Committee
1959 — 42
United States Central
Committee
1953—173, 174
United States, National
Committee
1953—140, 141, 18
189
1957 — 3, 11
1959 — 16, 24, 30,
41, '
101,
119,
149,
210
L'nited States, Secretariat
1959 — 42, 43
United States, Women's
Commission
1959 — 124
Yugoslavia
1959 — 36
Communist PaHy Discus-
sion Section — Towards
a United Party of
Socialism
1957 — 82
Communist Party v. Peek
1949—577
Communist Party v. Suh-
versive Activities Con-
trol Board
1959—191
Communist Political Assn.
194.5 — 102, 103
1947 — 8, 21-24, 27, 31
1948 — 33, 214
1949—97, 157, 158, 159,
166, 169, 171, 174,
193, 299, 419, 440,
613
1951 — 13, 250
1953 — 70, 71, 98, 118, 257
1955—14, 84, 85, 105, 117,
124, 128, 133, 139,
157, 173, 207, 230,
235, 240, 2.50, 259,
262, 264, 368, 420,
447, 450, 452
1959 — 148
Communist Political Asso-
ciation, Alameda
County
1953 — 257
Communist School, Los
Angeles
1959 — 10, 114, 208
Communist School, Oakland
1955 — 50
Communist School, San
Francisco
1959 — 134
Communist State Central
Committee
1949 — 418
Communist, The
1947 — 11, IS, 21, 24, 31,
27, 227. 229, 233,
246
1948 — 182, 196, 224, 225,
246, 252, 267, 302,
338, 381, 384
1953 — 51, 60. 62. 63, 70,
71, 136, 137
1955 — 73, 74, 382
1959 — 170
Comiminist, The, excerpts
from
1943—28, 104-106, 115,
116
1945 — 98. 157
1949—88, 96. 157, 158,
160, 164, 165, 173,
176, 180, 188. 205,
216, 217. 219, 231,
243, 259, 36S, 384,
399, 416, 463, 535,
545, 560
1959 — 24. 25
Communist Trade Union
Trickery Exposed
1949—654
Communist Underground,
The
1959 — 167
Communist Veterans of
World War II
1951 — 24, 28, 29
Communist Violence in
India
1953 — 236
Communist Women's Day
1949 — 458
Communist Workers
School
1947 — 67, 70. 74
Communist World Congress
1953—37
Coniynunists Within the
Government
1949 — 654
Communists Within the
Labor Movement
1949—654
Community Chest
1948—72
1949 — 610, 673
Community Conference for
Democratic Action
1949—627
INDEX
255
Communique of Conference
of Nine Communist
Parties in Poland
1949—33
Community Medical Center
1955—110, 111, 112, 134,
135, 137, 138, 190,
191, 201, 202, 203,
230, 235, 236, 240,
242, 243, 244, 245,
254, 26S, 269, 270,
285, 287, 306, 307,
309, 312, 316, 317,
318, 319, 320, 322,
325, 333, 335, 363,
307, 375, 391, 393
Community Medical Foun-
dation
1955-110, 111, 112, 113,
258, 334, 335, 337,
367, 391
Compac
1943 — 167, 168
1948 — 316
Compass Record Co.
1948—392
Compinsky, Manuel
1947—317
Compinskv, Sarah
19 48 — 317
Compton, Dr. Carl Taylir
1948 — 322
Conipton Club, Independent
Progressive Party
1955—391
Compulsory Military
Service
1943—220
Comrade, The
1948—225
Conant, James B.
(President, Harvard)
1951 — 43
1959 — 52
Concepcion M. De Gracia
1948 — 198
Condition of the Working
Class in Enciland in
ISk't
1949 — 191
Condon, Robert L.
1955 — 49. 50
1959 — 132
Confederation of Latin
American Workers
1959 — 96
Conference for Democratic
Action
1947 — 247
1948—159
1949 — 299
1951—248,
252, 255, 256
Conference for Democratic
Far Eastern Policy
1951 — 290, 291
Conference for Peace
1955 — 182
Conference for Progressive
Political Action
1959 — 27
Conference for Social
Legislation
1949 — 299
Conference of American
Revolutionary Writers
1948—52, 126, 158
Conference of Civic Organi-
zations
1949—637
Conference of Foreign
Ministers
1949—43
Conference of Solidarity
With the Spanish People
1948—216
on Economic
for Negro
Conference of State Chief
Justices
1959 — 188, 197
Conference of Studio Unions
1947—173, 176, 370
1949 — 459, 636, 706
1959—115
Conference of Women of th(^
U. S. A. and the U. S.
S. R.
1948 — 227
1949 — 456
Conference on American-
Russian Cultural Ex-
change
1947—191
1948—170
1951—59, 60
Conference on China and
the Far East
1949—105
Conference on Civil Rights
1951 — 248, 252
Conference on Constitutional
Liberties in America
1948 — 121, 165, 166, 226,
342
1949 — 300
Conference
Rights
Women
1955 — 391
Conference on Pan-Ameri-
can Democracy
1948 — 66, 147
1949 — 300, 303, 454
Conference on Peaceful Al-
ternatives to the Atlan-
tic Pact
1951 — 275
Conference on Thought
Control in Southern
California
1948—59
1951—59
Conference to Defend the
Rights of Foreign Born
Americans
1955 — 363, 389
Conference to Lift the
Embargo
1949 — 507
Confessional
1948 — 140
Congress
1959 — 29, 138, 188, 193,
195, 196, 201
Concivess
1949—385
Congress for Peace and
Culture
1949 — 491
Congress for Social and Un-
employment Insurance
1951 — 264
Congress in Defense of
Peace
1949 — 491
Congress of American-
Soviet Friendship
1947—190
1948—35, 65, 226, 321,
324
Congress of American
Revolutionary Writers
1949 — 300
Congress of American
Women
1948 — 35, 47, 77, 177, 192,
201, 225, 226, 229,
230, 231, 232
1949—301, 318, 319, 408,
450, 455, 456, 458,
'459, 460, 505, 542,
546, 547
1951—264, 280, 284, 286
1953 — 101, 247
Congress of American Wom-
en, Los Angeles Chapter
1953—104
Congress of Industrial
Organizations
19 43 89
1947—47, 52, 53, 67, 145,
161, 162, 169, 192,
194, 203, 206, 219,
227, 228, 230, 233,
303
1948 — 36-43, 63, 64, 88,
115, 116, 142, 212
1949 — 90, 93, 109, 264,
277, 341, 391, 438,
443, 461, 470, 472,
475, 542, 610, 047,
648, 657
1951 — 41, 193, 194. 205,
229 233
1953 — 4, 'eo, 63, 65, 67,
125, 127, 130, 132,
140, 148, 187, 190,
259
1959—20, 23, 24, 28. 29,
30, 33, 37, 55. 93,
94, 96, 97, 98, 99,
132
Congress of Industrial Or-
ganizations (C. I. O.)
1955—4, 49, 68, 330, 399
Congress of Industrial Or-
ganization Council
1951 — 193, 194, 195, 196
CIO Building
1949 — 427, 434
CIO Maritime Union
1949 — 706
CIO National Executive
Board
1945—147
CIO News
1948—247
CIO Newspaper of the Air
1949 — 419
CIO Newspaper Guild
1949 — 542
CIO Political Action
Committee
1945 — 147-159
1947_33, 47, 52, 78, 163,
186, 227, 236, 262
1948—259, 318
1949 — 424, 692
19 53 — 63
CIO State Council
1947—240
CIO State Executive Board
1955—53
CIO Women's Auxiliary
1949—458
Congress of Intellectuals
1949—476, 487
Congress of Spanish
Speaking People
1951—264
Congress of the Mexican
and Spanish-American
Peoples of the U. S.
1947—45, 210
Congress (First) of the Mex-
ican and Spanish-Amer-
ican Peoples of the U. S.
1949 — 301
Congress, Views
1948—49
1949—385, 546
Congress of Youth
1948—115, 334
1949 — 451
1953 — 172
Congressional Committee on
Un-American Activities
1949—257, 267, 285. 288,
291. 293, 294. 297.
298, 299, 303. 306.
310, 311, 313. 320,
256
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Congressional Committee on
Un-American Activi-
ties— Continued
321, 331, 332, 333,
335, 338, 339, 345,
346, 358, 359, 361,
379, 381, 384, 385,
388, 390, 398, 399,
403, 407, 409, 426,
459, 460, 461, 465,
478, 538, 554, 619,
631, 640, 649, 654,
656, 657, 677
1951—25, 51, 65, 78, 85,
88, 92, 93, 94, 98,
207, 221, 232, 233,
241, 262, 263, 268,
281, 285, 288, 290
1953—200, 211, 270
Congressional Committee on
Un-American Activities,
Research Director
1951—98
Congressional Record
1949 — 451
1955—438
Congressional Investigative
Committees
1959—175
Conklingr, Roscoe S.
1948—320
Conlan, Frank
1948 — 356
Conley, John
1951—22, 26, 30, 31
Conliff, Fred
1948—107
Connecticut State Youth
Conference
1949 — 301
Connecticut Writers'
Conference
1947 — 189
Connelly, Dorothy
1945 — 139
1948—230
1949—458
1959 — 99
Connelly, Dorothy Healey
1959 — 185, 209
Connelly, John
1951 — 29
Connellv, Marc
1945 — 115, 116, 130, 131
1948_97, 239, 241, 251,
255, 258, 262, 330,
358
1953 — 172, 176
Connellv, Phillip
1943 — 50, 60, 80, 154, 207,
210, 212, 213, 217
1945—137, 148, 182, 184
1947 — 51, 54, 55, 67, 96,
97, 179, 182, 185,
186, 188, 210, 239,
242
1948—62-64, 106, 116, 146,
148, 160, 163, 182-
185, 198, 200-202,
205, 206, 209, 211,
221, 222, 241, 249,
257, 267, 272, 309,
330, 346, 351, 359,
375
1949—93, 146, 147, 419,
436, 448, 449, 470,
475, 478, 560, 610,
631, 632, 688
Connelly, Philip M.
1951 — 93, 255, 264
1953—76, 102, 172, 208,
280
1955 — 417, 418, 419
1959—98-99, 100, 101, 181
Connelly, Philip N.
1951—57. 58, 59, 60
Connelly, Thomas E.
1945 — 7, 18
Conner, Ramsey, King and
Wallace
1943—177-199
Conner, V. J.
1948 — 163
Connick, Louis
1948 — 170
Connolly, Eugene P.
1949 — 448, 449
Connor, Frank
1943 — 150, 176, 177, ISO,
185, 186, 192
Conover, Harry
1948—341
Conrov, Jack
1945—119, 121, 125, 126
1948—95, 97, 194, 196,
266, 273
1949 — 471
Conscription Neius
1948^319
Conser, Eugene
1953—114
Consolidated Aircraft
Company
1955 — 428, 430
Constance, Lincoln
1948 — 328, 352
Constitution of the Commu-
nist Party of the U. S.
1943 — 19
1949 — 345
Consul Generrl for Yugosla-
via V. Andreio Artukovic
1959—194
Consumer-Farmer Milk
Cooperative, Inc.
1948—336
Consumers Emergency
Council
1949 — 302
Consumers National
Federation
1948—77, 342
1949 — 301, 302
1953 — 174
Consumers Union
1943 — 102
1948 — 167
1949 — 302, 454, 506
1951 — 238
Consumers Unions and
Leagues
1943—100
Consumers Union Reports
1948 — 167
Constitution of U. S. S. R.
1943 — 29
Consumer IMovement
1943 — 101
Consumers' Emergency
Council and Consumers'
National Federation
1943 — 102, 103
1947 — 210
Contact
1949 — 618, 620
Conte, Richard
1948 — 97, 210, 211
Contemporarv Publishers
1949 — 548
Contemporary Publishing
Association
1949 — 234, 235
Pontemporarv Theatre
1943 — 130, 134
1948 — 392
1949 — 302
Contemporary Writers
1949 — 302, 506
Continental Book Store
1943—241
Contra Costa CIO Council
1947—92
Contra Costa County
(^ommunist Party
1947 — 279, 310
Contra Costa County Junior
College, West Campus
1955 — 432
Contra Costa County
School System
1955 — 433
Contreras, Carlos — See also
Vidale, Vittorio
1951 — 273
Contreras, George
1945 — 162, 183, 184, 188
Conway, Bert and Curt
1948 — 356
Conway, Jerrv
1945 — 148
Conway, Morris
1949 — 554
Conway, Morris and Maurice
1948 — 94
1949 — 554
Cook, Chester Cleveland
1943 — 356, 364-366
Cook, Clyde
1947 — 89, 93
Cook, Fannie
1948—278
1949 — 480, 489, 499, 509,
516
Cook, Fred J.
1959 — 209, 210
Cook, Lawrence
1943 — 382
Cook, O. "W. E.
1945 — 137
1948 — 67
1949 4]^9
Cook, Mrs. Theda
1949 — 437
Cooke, Edmund 'W.
1948 — 109, 110, 170
Cooke, Morris L.
1948 — 109, 262
Cooks, Pastry Cooks and
Assistants Union, Local
44
1947 — 242
Coolidge, Albert Sprague
1948 — 179, 201, 327, 334,
335
Coombs, Nathan F.
1951 — 1
1959 — 203
Coon, Beulah
1947 — 324
Coon, John C.
1948 — 94
1949 — 554
Coons, Artliur G.
1953—133
"Cooper"
1947 — 203
1951 — 212
Cooper, Mrs. Bessie
1948—16
Cooper, Esther
1948 — 187
1949 — 563
Cooper, Fran
1948 — 356
Cooper, Kent
1949 — 67
Cooper, Leo
1948 — 186
1949—562
Cooper, Lou
1948 — 317
Cooper, Mitzi
1948—179
1953 — 259
Cooper, Rose
1948 — 356
INDEX
257
Cooper, Sandra
1953—249
Cooperman, Harold
1955—348
Cooperstock, Henry
1948 — 186
1949 — 562
Coordinating Committee on
Civil Liberties
1949 — 526
Coordinating Committee to
Lift the Embargo
1948 — 147, 270, 319, 334,
335
1951—56, 93
1953 — 172
1955—88
Coordinating Committee to
Lift the Spanish Em-
bargo
1947 — 202, 210
1949 — 302, 468, 506, 507,
510
Coordinator of Information
1959—174
Coordinator of Inter-Ameri-
can Affairs
1959—174
Cope, Bernice G.
1948—375
Cope, Rev. J. Raymond
1949—146
Copeland, Aaron
1948-113, 114, 248, 262,
316, 317, 330, 377,
392
1949—480, 483, 484, 488,
489, 494, 499, 501,
502, 503, 504, 508,
511, 512, 513, 516.
518, 519, 521, 523,
524, 525, 530, 531,
532, 537, 543
Copeland, Peter
1949—480
Copes, Wilson B.
1955 — 459
Copic, Vladimir
1949 — 179
Coplon, Juditli
1959 — 172
Coppelman, Abraham
1948 — 266
Coppersmiths Local 438
1947—80
Copstein, Seymour
1948—179
Coragliotti, V. P.
1948—343
Corbell, Margaret
1948 — 179
Corbett, Harvey Wiley
1948 — 323
1949—538
Corboff, Katie
1948 — 184, 185
1949—561
Corby, Henry
1948 — 146
Corelli, Alan
1948 — 240
Corev, Jeff
1948 — 356
Corey, Paul
1949 — 480
Corley, James H. (Control-
ler, University of Calif. )
1943 — 113
1947 — 107
1948—258
1951—68, 69
Cornell, Charles
1943—39
Cornell University
1948 — 339
1949 — 495
9— L-4361
Cornog, Robert
1947 — 102
Corona, Bert
1943—210, 217
1945 — 182
1947 — 65
1949—417
Corona, Frank
1945 — 139
1948—375
Correspondence of Karl
Marx and Frederick
Engcls
1949 — 191
Corsi, Edward
1948—198
1953 — 151
Corwin, Catherine
1949 — 486
Corwin, Emil
1947 — 179, 185, 186, 190,
Corwin, Norman
1947 — 98, 235, 237
1948 — 59, 60, 183, 201,
208, 210, 241, 255,
262, 264, 318, 323,
354, 357, 358, 392
1949 — 449, 455, 480, 484,
486, 489, 499, 501,
503, 505, 509, 510,
513, 515, 516, 519,
520, 525, 526, 528,
530, 533, 543, 688
1951—53, 264, 268, 271
1953—131, 172
Cosgrove, Clair, Dr.
1955 — 77
Cosgrove, P. Pascal
1948 — 114
Cosmopolitan Magazine
1947 — 214
Costello, John
1945 — 159
1948 — 251
Costello, Dr. Joseph
1948—16
Costigan, Howard
1951 — 159
1953—171, 172, 175, 176,
206
Costigan, Howard P.
194S — 109, 226, 328,
Costigan, Mrs. Howard
1953—172
Costrell, Hyman I.
1949 — 464
Costumers, Local 705
1947 — 177
Cot, Pierre
1953 — 275
Gotten, Joseph
1948—255, 375
Cotton, Mme. Eugenie
1948 — 228
1949 — 318, 319, 457
Cotton, J. E.
1948—352
Cotton, Dr. J. Harry
1948 — 353
Coudert, Senator Frederick
R., Jr.
1948 — 96
Coudert, Senator (New
York State)
1953 — 144
Coughlin, Father
1953—52
Coulter, J. C.
1948 — 249
Coulouris, George
1947 — 179
1948 — 97, 356
Council for African Affairs
1949 — 627
Council for American-Soviet
Relations
1953—256
Council for Civil Unity in
Los Angeles
1951 — 289
Council for Inalienable
Rights
1949 — 466
Council for Pan-American
Democracy
1951—280
1953 — 280
1955—88
Council for Russian Relief
1949 — 467
Council for the Advance-
ment of the Americas
1949 — 303
Council of American-Soviet
Friendship
1947 — 72
Council of Americans of
Croation Descent
1949—414
Council of Art.«, Sciences
and Professions
1951—267, 268
Council of Foreign Ministers
1949—81
Council of People's
Commissars
,1949—32
Council of Student and
Youth Clubs of the
Communist Party of
San Francisco County
1951 — 19
Council of U. S. Veterans,
Inc.
1948 — 320, 342, 386
1949—303, 368
Council of Veterans
Organizations
1949— G73
Council of Women Shoppers
1949—437
Council of Young
Southerners
1948 — 319, 334, 335, 336
1949 — 303, 329
Councils of the Unemployed
1949 — 303
Council on African Affairs
1948 — 66, 101, 168, 320
1949 — 303, 318, 453, 455,
548
1951 — 280
1959 — 195
Counsellor Academy in
Vienna
1957 — 89
Counter Attach
1949 — 9, 646, 654
Counterfeit
1943 — 103, 104
Counter-intelligence Corps
of the Army
1951 — 3
Counts, Frederick A.
1948 — 328, 352
1949 — 480
Counts, Prof. George S.
1948 — 109, 170, 179, 244
1949 — 494
County Crusade Council
1948 — 160, 161
County Hospital,
Los Angeles
1955 — 251, 272, 324
County Social Workers
Local 558, of the AFL
1948—60
258
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Course of the Cadres of
the Shock Brigade
1953—236
t'ourses for Publishing
Employees
194S — 130
Cousins, Kay
194S — 356
Cousins, Norman
1949 — 494
1951 — 270
Couveras, Costa
194S — 168
Covette, Thomas L.
1945 — 6
Covington, Floyd C.
1947 — 96, 97
1948 — 109, 110, 132, 152,
■ 183
Covington, Mrs. Floyd
1948 — 278
Covington, Mrs. Oliver
1948 — 277
Covner (Kovner), Fay
1953 — 79
Cowan, Prof. Alexander
1948 — 172
Cowan, Claire Biglow
1948 — 3S6
Cowan, Warren
1948 — 210
Cowell, Henry
1948 — 317
Cowgill, John S.
1947 — 353
Cowherd, Yelverton
1948 — 386
Cowl, Margaret
1948 — 333
Cowley, Malcolm
1945—121, 126, 127
194S — 96, 97, 113, 151,
194, 244, 248, 270,
273, 333, 338, 385,
391
1949—471
Cowling, Donald J.
1948 — 320
Cox, Mrs. Allen
1948—281
Cox, Ivan Francis
1948 — 152
Cox, Nancy
Cox, Prof. Richard T.
1948 — 271
1949 — 468
Coy, Harold
1948 — 248
Coyle, Grace L.
1948 — 375
Craig, Agnes
1955 — 389
Craig, Earl C.
1943 — 253, 275
Craig, Franli L.
1955 — 389, 391
Craig, W. E.
1949 — 601
Cramer, Genevieve
1948 — 16
1949—602
Cramer, Max
1948—259
Crane, Irving
1948 — 266
Crane, John O.
1948 — 323
1949—538
Crane, Rose
1949 — 179
Craven, Thomas
1948 — 262
Crawford, Chery
1948 — 210, 240, 241
Crawford, John
1948—356
Crawford, Kenneth
1948 — 199
Crawford, Dr. M. H.
1947 — 77
1949 — 423
Crawford, Matt
1948 — 148, 194
Crawford, Merritt
1948 — 238, 386
Crawford, Ruth E.
1959 — 176
Creanza
1957 — 58, 59
Creed, Tom
1955 — 321, 391
Creed, Mrs. Tom
1955 — 391
Creighton, Thomas H.
1949 — 480, 499, 517, 525
Crespi, Pachita
1948 — 114
Crichton, Kyle (alias
Robert Forsythe)
1948 — 97, 114, 129, 141,
151, 159, 168, 189,
234, 244, 248, 271,
273, 310, 353, 370,
389 390
1949 — 468[ 471, 480, 488,
489, 499, 501, 502,
503, 509, 510, 511,
512, 517, 519, 521,
527, 528, 533
1951—271
1953 — 171, 173, 174
Criminal Syndicalism
1943 — 38, 39
1948 — 147, 223, 349
1949 — 255, 571
Crippen, Harlan R.
1948 — 193
Cripps, John
1948 — 377
Crisis
1948 — 224
1949 — 546
Crisis
1957 — 117
Criterion
1948—15
"Critique of the Gotha
Programme"
1949 — 191
Critser, Loren
1948 — 16
Croatian Benevolent Fra-
ternity of America
1949 — 466
Croatian Educational Club
1949 — 303
Croatian Fraternal Union
1949 — 127, 413, 414
Croft, Mary Jane
1948—356
Cromwell, John
1947 — 96, 98, 179, 190,
235-239, 241, 242
1948 — 59, 193, 239, 241,
251-254, 257, 279,
354, 355, 357
1949—435, 436, 688
1951 — 280
1955 — 365
Cromwell, Deta
1949 — 486
Cronbach, Dr. Abraham
1948 — 162, 320
1949—480
Cronback, Robert
1948—189
Cronin, Kathleen
1948 — 343
Cronin, Morton
1959 — 47, 48
Cronyn, Hume
1948 — 97, 164
Crooks, Jimmie
1948 — 94
1949 — 554
Crosbie, Paul
1948 — 386
1949 — 456
Crosby, Aliph
1948 — 277
Crosby, George W.
1948 — 292, 296, 298
Crosby, Jack
1949 — 177
Crosbv, Willis K.
1948 — 377
Cross, Adelyne
1947 — 89, 91
1949—425
Cross and the Arrow
1948 — 120, 129
Cross, Dennis
1948 — 356
Cross, Helen
1943 — 137, 138
Cross, Ira B.
1959 — 184
Cross, Samuel H.
1948 — 169
1949 — 412
Crouch, Miss
1947 — 330
Crouch, D. H.
1949 — 437
Crouch, Paul
1948 — 106, 107, 266
1951 — 50, 177, 179, 180,
182, 183, 184, 185,
186, 187, 188, 193,
194, 195, 196, 197,
199, 201, 202, 203,
204, 205, 206, 207,
208, 209, 210, 211,
212, 213, 216, 217,
218, 219, 220, 222,
224, 225, 226, 227,
228, 232, 239, 241,
242 243
1953 — 5, 74, 175, 256, 257,
1959 — 101, 119-120, 176
Crouch, Mrs. Paul
1959 — 119-120
Crouch, Sylvia
1951 — 209, 210, 211, 212,
213, 216, 217, 218,
219, 220, 221, 222,
226, 227, 228, 242
Crouse, E. J.
1945 — 11
Crouse, Russell
1948 — 262
Crow, Carl
1948 — 199
Crow, James Francis
1943 — 155, 157
Crowe, Muriel
1955—391
Crowl, Verne C, Dr.
1955 — 76
Crowley, Dr. Ralph
1949 — 480
Crown Heights Committee
to Aid Spanish Democ-
racy
1949 — 511
Crown, John R.
194S — 171
Crozier, Helen
1948 — 356
Crum, Bartley
1953—259
Crum, Bartley C.
1947 — 79, 89, 93, 9S, 103,
1S6, 235
1948 — 115, 116, 182, 185
198, 239, 262, 309,
318, 332, 354, 383
1949—309, 435, 542, 560,
6 88
1951 — 263
Crump, Frank
1948 — 184
1949 — 561
C7-usa(lc Against Govern-
vient Investigating
Agencies, The
1959 — 208, 209
Crutcher, Norval
1947 — 301, 302
1948 — 251, 252, 255, 257
Cruz, Ladisloa
1955—388
Cry Is Peace, The
1953 — 140
Cuaron, Ralph
1955-388, 390
Cuhl, Calvin
1947 — 179, 185, 187, 106
Culinary Union
1949 — 476
Culinary Workers Union
1959 — 20
Cullen, Countee
1948 — 113, 248, 273, 375,
389, 391
1949 — 471
Cullen, Tom
1943—153
194S— 155, 164, 193
Cultural and Professional
Projects Association
1943 — 149
1951 — 83
Cultural and Scientific Con-
ference for World Peace
1949 — 476, 479
1953 — 285
Cultural and Scientific
Conference Chairman
1951 — 270
Cultural Commission
1953—173
Cultural Commission of the
Communist Partv of the
United States
1949 — 88
Cultural Conference for
Peace
1949 — 147
Cultural Folk Dance Group
1948 — 392
1949 — 543
Culture and Democracy
1948—310
Culture and the Crisis
1948 — 153
Culver City Hospital
1955 — 98
Gumming, Gordon R.
1955—367
Cummings, Constance
1948 — 378
Cunningham, Rosalie
1948 — 356
Curaj, Emily
1948 — 259
Curie, Frederic Joliot
1953 — 275
Curie, Joliot
1955—308, 309
Curland, David
1951—24
Curran, Joseph
1945—148
1948—114, 115, 132, 151,
162, 198, 202, 211,
226, 248, 294, 295,
ESTDEX
296, 323, 324, 328,
351, 352
1949 — 448, 449
1953 — 64
Current Book House
1953 — 229
Currie, Laughlin
1959 — 173, 174
Curtis, Diana
1948 — 16
Curtis, Eva
1948 — 266
Curtis, Louis W.
1948 — 317
Cush, Pat
1948 — 226
Gushing, Edward
1948 — 311
Gushing, G. J.
1959—97
Gushing, Hazel M.
1948 — 352
Gushman, Bishop Ralph
1948—132, 181
Cutler, Emma
1943 — 159
1947 — 74, 77
1949 — 423
Cutler, Mrs. Sydney
1948—146
Cutler Victor
1948 — 278
Cutter Laboratories, Inc.
1955 — 48, 49, 50, 51, 64,
65, 68
1959 — 132, 134
Cvetich, Matthew
1951 — 22
Cykler, Dr. Edmond
1948 — 171
Czech Nationalist Socialist
Party
1949 — 110
Czerniawski, Albin
1955 — 2, 3, 5, 6, 7, 8, 13,
15, 17, 18, 19, 20,
22, 23, 26, 27, 28,
29, 30, 31, 32, 34,
38, 39, 40, 41, 42,
43, 46, 47
Daggett, Charles
1959 — 116
Dahl, Ingolf
1948 — 317
1949 — 698
Dahl, Vivian
1947 — 89
1949 — 425
Dahlberg, Edward
1945 — 121, 126
1948 — 244, 273, 274
1949 — 471
Dahlsten, Leonard
1955 — 391
Daily Bndn, The
1949 — 559
1957—5, 6, 12, 13, 14, 17,
IS, 20, 21, 22, 24,
25, 26, 27, 28, 29,
71, 77, 103
Daily Californian
1957 — 2
Daily Herald
1951 — 279
Daily News
1948 — 172
1955 — 244
Daily News Release
1957^140
Daily People's World
1951 — 24, 25, 26, 28, 29,
31, 50, 78, 84, 92,
151, 169, 170, 172,
259
223, 228, 234, 235
238, 240, 247, 248
251, 252, 253, 255
256, 261, 262, 265
266, 277
1953—73, 75, 101, 102
]03, 104, 223, 254,
255, 256, 257, 260,
263, 264, 266, 269
277, 278, 284
1955—10, 11, 13, 14, 21
22, 29, 39, 40, 43!
44, 45, 46, 49, 67,
96, 134, 135, 136,
137, 175, 181, 182
195, 203, 231, 269
282, 298, 353, 355
369, 373, 385, 389
402, 404, 405, 409
411, 412, 414, 416,
417, 422, 439, 440,
463
1957 — 1, 8, 20, 77, 79, 122
125, 146
1959—28. 99, 130, 134
Daily People's World,
Editor-in-Chief
1951 — 238
Daily Recorder (Chicago)
1948—224
Daily Worker
1943 — 100
1945—133
1947—25-27, 31, 36, 47,
61, 68-70, 81, 83,
97, 109, 117, 136,
138, 170, 189-191,
201, 202, 222, 229,
231, 369
1948 — 9, 35, 49, 56, 86,
93. 94, 96, 99-104,
108, 117-121, 123,
125-128, 130-133,
135-139, 145, 153,
156, 158, 159, 162,
165-167, 176, 181,
185, 188, 191, 192,
196, 200, 207, 208,
212, 224, 225, 232,
237, 242, 244, 245,
251, 260, 267, 273-
275, 338, 362-366,
370, 371, 376, 377,
385, 391
1949—96, 99, 104, 105,
107, 108, 109, 112,
113, 116, 117, 119,
124, 126, 160, 164,
165, 171, 175, 178,
181, 182, 196, 197,
200, 202, 205, 224,
231, 262, 263, 276,
302, 327, 328, 360,
365, 378, 385, 388,
404, 420. 421, 442,
444, 446, 447, 448,
450, 452, 454, 460,
461, 467, 471, 484,
513, 535, 543, 545,
553, 561, 619, 620,
678
1951—9, 11, 52, 98, 170,
179, 182, 201, 261,
262, 263, 268, 269,
276, 282
1953 — 69, 71, 73, 140,
230, 231, 232
1955—366
1957 — 3, 8, 79, 91, 107,
146
1959 — 13, 35, 85, 109,
126, 146, 180
Daily Worker, Editor
1951—269
260
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Daily Worker,
Foreign Editor
1951 — 269
Dailv Worlier Publishing
Co.
1949—303
Daily Variety
194S — 138
Daku Singh
1953—218
Dale. Thelina
1948 — 228, 230
1949 — 450, 457, 458, 546
Daley, Allyn
1948—356
Dalin, David
1953 — 232
Dalip Singh
1953 — 217
Dallas, John G.
1947 — 99
Dallet, Joe
1948 — 94
1949 — 179, 553
Dallin
1957—62
Dallin, David
1959—45
Dallob, Samuel
1948—375
DalrjTTiple, Sherman
1945—148
1948 — 151, 248
Dalv's Theatre (New York
City)
1948—188
Damas, M. F.
1949 — 437
Damon, Anna
1948 — 266
1949 — 179
Damon, Frances
1948 — 187, 228
1949 — 458, 563
Dana, H. W. L.
1948 — 189, 194, 244, 266,
325, 326, 338, 377
1949 — 491, 539
Dana, Malcolm Boyd
1948—334
Dance Committee
1948—323
Danchenko, Memirovich
1953 — 234
Dange, Shripat Amrit
1953 — 230
Danger of a Third World
War
1948 — 218
Daniel, Ureal
1943 — 153
Daniels, Mr.
1949 — 611
Daniels, Harry
1948 — 157, 214
Daniels, Ursula
1948 — 188, 250
1949—382
Danski7i, et al. v. San Diego
Unified School District
1949—576
Dante Alighieri Society
1943 — 287, 303
Darby, Louise
1947 — 242
1949 — 436
Darby, Ra\Tnond V.
1948 — 60
1949 — 595
Darcy, Sam
1943 — 37, 98, 114
1947 — 77
1948—7, 12, lis, 121, 134,
148, 166, 330, 358,
359, 362, 391,
1949 — 174, 177, 339, 355,
356, 423, 440, 451-
454, 521
Dark Side of the Moon
1949—654
Darling, Charlotte
1943 — 167
Darr, Rev. John
1948 — 338
1949 — 489, 513, 526
1951 — 278
Darr, John ^V.
1949 — 507, 508, 523, 526,
530, 531
Darr, Dr. John W., Jr.
1949 — 480, 499, 502, 503,
505, 506, 513, 531,
535
Darrow, Clarence
1948—273
1957 — 62
Dart, A^an
1948—185
Darvin, Martin
1949 — 546
Dasakis, George
1951 — 247
da Silva, Howard
1948—62, 355, 356
1949 — 146, 480, 489, 499,
501, 502, 503, 506,
509, 512, 513, 515,
521, 527, 632, 688
Da Silva, Howard
1951 — 25, 271
Da Silva, Joseph
1948 — 241
Das Kapital
1943 — 19, 21
Dassin, Jules
1948 — 97, 129, 159
1949 — 480, 499, 503
1951—221
Dasunda Singh
1953 — 218
Daughertv, James
1945 — 139, 140
1948 — 62, 233
1949—470
Daugherty, Jane
1955 — 329
Daugherty, John
1959 — 99
Daughters of the American
Depression
194S — 73, 334
1949—304
Daughters of the American
Revolution
1949 — 305
1959 — 213
Daunic, Gilbert
1949 — 429, 431
Davenport, Ed. J.
(Councilman)
1947 193
1949 — 609, 610, 612, 614
Davenport, Marcia
1948 — 262
Davenport, Mary
1948 — 356
Daves, Delmer
194S— 210
Daves, Delmer L.
1955 — 456
Davidman, Joy
1947 — 106
1948 — 340
Davidoff, Dr. Leo M.
1949 — 480, 484, 489, 499,
507, 509, 513, 522,
531, 532
Davidoff, Leon
1949—535
Davidson, Dr. (Dean,
UCLA)
1951—112, 113, 114, 115
Davidson, Dr. Edward W.
1948 — 16
Davidson, Florence
1949 — 486
Davidson, Jo
1947 — 98, 233-235, 237
1948 — 131, 262, 318, 323,
324, 330, 354
1949 — 480, 484, 485, 486,
489, 499, 505, 509,
513, 515, 517, 518,
519, 522, 524, 525,
526, 530, 531, 532,
537
Davidson, Mrs. Jo
1948—227, 228
1949 — 456, 457
Davidson, Prof. Percy E.
1948 — 359
Davidson, Sid (Martin)
1948—268
1949—464
1951—83
Davies, Donald
1948 — 210
Davies, Edgar
1947 — 124, 125
Davies, Joseph E.
1943 — 18
1947 — 115, 116
1948 — 323
1949 — 92
DaA'ies, Mrs. Joseph E.
1948 — 228
1949—456, 457
Da.vies, Lester
1948 — 378
1949—557
Davies, Marjorie Post
1948 — 227
1949 — 456
Davies, Spencer
1948 — 210
Davies, Valentine
1948 — 372
Davis, Ben
1957 — 124
1959 — 151
Davis, Benjamin J., Jr.
1947 — 153, 154, 227
1948 — 151, 212, 266, 352
1949—108, 109, 144, 451,
453-455, 521, 522,
545, 557, 625
1951 — 281
1953 — 173
Davis, Bette
1947 — 182, 185
1948 — 254, 262, 378
1949—557
Davis, Clarence
1947 — 90
Davis, Charlotte
1951 — 232
Davis, David
1948 — 213
Da'i'is, Donald
1948 — 210
Davis, Emma Lou
1947 — 72, 73
Davis, Dr. Frank C.
]^g45 137
1947 — 67, 70-73, 96, 97,
129, 253, 263, 264,
266
1948—183, 186, 248, 249,
279, 309, 328, 346,
349, 352, 375, 382
1949—419, 421, 422, 688
1951 — 59, 60
Davis, Frank Marshall
1949—546, 562
INDEX
261
Davis, Hallie Flanagan
1949 — 480
1951—271
Davis, Herbert
1949 — 530, 532, 538, 539
Davis, Dr. Herbert John
1948 — 322, 323, 325
1949—483, 502, 503, 534
Davis, Dr. Howard
1948 — 344
Davis, Jerome
1948—97, 113, 151, 178,
179, 181, 196, 211,
244, 320, 327, 341,
351 352
1949 — 369^ 480, 488, 498,
501, 502, 506, 508,
510, 512, 516, 519,
520, 527, 528, 530,
534, 537
1953—282
Davis, John Herbert
1949 — 499
Davis, John P.
1948 — 93, 151, 162, 181,
265, 266, 331, 333,
351
1949—341, 541, 547
Davis, Lena — see also
Chernenko, Lena and
Scherer, Lena
1947—201
1948 — 236
1951 — 76, 200, 205
Davis, Dr. Mike
1951—255
Davis, Morris
1951 — 278
Davis, Owen
1948 — 330
Davis, Dr. Percy L.
1948—171
Davis, Phillip Hunt
1951—154, 155, 156
Davis, Ralph E.
1948—16
Davis, Ralph L.
1949 — 596
Davis, Robert A.
1948—356
Davis, Robert R.
1951 — 232, 233
Davis, S. P.
1951—154, 155, 156
Davis, Shirlee
1947 — 211, 212
1951—77, 229, 230
Davis, Sid
1948—356
Davis, Spencer
1948—210
Davis, Stuart
1948—189, 261, 310
Davis, Tess Slesinger
1943 — 124, 125
Davis, Virginia
1951 — 129, 130
Davis, Willard B.
1948-16
Davison, Jacobina
1949 — 688
Davi.son, Sidney
1943 — 128, 164, 165, 172,
173, 175
1947 — 72, 73, 74
1948—105, 177, 178, 346,
347, 348
1949—688
Dawley, C. L.
1949 — 601, 608
Dawson, Ernest
1943 — 126
1945 — 139, 140
1947—70, 96
1948 — 106, 160, 161, 183,
185, 249, 267, 279,
344, 358, 359
1949—421
Dawson, Mrs. Ernest
1948—277, 278
Dawson, Harry
1949—179
Dawson, Jane
1955—316, 323, 337, 339,
340, 341, 342, 349,
356, 383, 384, 385
Dawson, Joseph Martin
1948—320, 321
Dawson, Dr. Percy M.
1949 — 480
1959—184
Dawson, Sadie Roberts
1948—358, 359
Day, Mrs. George
1948 — 277, 278
Day, Prof. George M.
1948 — 109, 110, 152, 170,
171, 178, 233, 241
Day, John Warren
1945 — 195
1948 — 375
Dayal, Har
1953—213, 214, 215, 220
Dayton v. Dulles
1959 — 194
D'Azevedo, Warren
1947—89
1949 — 425
Deadline for Action
1953 — 188
Deak, Zoltan
1949 — 626
Deakin, A.
1959 — 97
Dealers in Death
1943—359. 365, 379, 380
Dean, Francis H.
1955—321, 391
Dean, Joseph
1948—114
Dean, Vera Micheles
1948 — 248, 326
1949 — 540
Dean William T.
1949— GOl, 608, 609
Deane, Hugh, Jr.
1948—198
Deane, General John R.
1949 — 39, 52
De Angelis, S. W.
1955—389
De A. Reid, Dr. Ira
1948—114, 201, 334, 336
de Aryan, C. Leon
1943 — 240, 249, 250, 259,
266, 268, 269
Deblin, Oswald
1948—329
De Boer, John
1948—162
1949_480, 483, 488, 489,
499, 502, 508, 513,
518, 530
De Boer, Prof. John J.
1955 — 392
de Bright, Mrs. Josephine
1943 — 207, 210, 217
1948 — 37 5
Debs, Eugene V.
1948-163
Debs, Theodore
1948 — 107
Decade System
1943 — 329
De Caux, Len
1948—318
Decker, Albert
1947_98, 101, 183, 186,
235-237, 239, 242,
249, 296
1948—183, 201, 231, 251,
253-255, 308, 309,
346, 355
1949 — 436, 561, 688
Decker, Mrs. Albert
1949—460
Decker, Caroline
194.3—37, 38
1951 — 135
Decker, Frances
1943—60
Decker, W. J.
1948—328, 352
Declaration of Independence
1945 — 69
Deep Are the Roots
1948—105
Deering, Olive
1948—356
Dee Scriven, Frank
1948 — 18
Defeat in Victory
1949—654
Defender. The
1955—343, 385
Defense Committee for
Alexander Bittelman
1948 — 55
1949 — 304
Defense Committee for
Claudia Jones
1948 — 55
• 1949 — 304
Defense Committee for
Eugene Dennis
1948 — 55
1949-304, 305
Dei'ense Committee for
Gerhardt Eisler
1948-55
1949—304, 306
Defense Committee for
Hans Eisler
1948 — 35, 55
1949 — 305
Defense Committee for
John Williamson
1948—55
1949 — 305
De Frantz, Bob
1948—338
De Haviland, Olivia
1948—251, 255, 279
Dehn, Adolph
1948 — 141
1949 — 448, 480, 488, 499,
501, 505, 508, 509,
510, 513, 517, 518,
519, 521, 525, 533,
534, 536, 537
Deirup, Anne Weymouth
1953—254, 258, 259
Deirup, Torben
1953-248, 254, 255, 256,
257, 258, 259, 260,
279
De Jonge v. Oregon
1949 — 565, 571, 579
DeJourn, Jim
1951—229, 230
DeKerze
1957—96
Dekker, Albert
1955—365, 445
De Koven, Roger
1949 — 480
de Kruif, Paul
1948—248, 327
1953 — 131
De Lacy, Dr. Hugh
1948—59, 113, 114, 131,
162, 168, 198, 200,
208, 248, 249, 318,
323, 328, 350, 351,
262
UN-AMERICAN ACTIVITIES IN CALIFORNIA
De Lacy, Dr. Hugh —
Continued
352, 357, 448, 449,
451 459
1951 — 92, ' 93, 159, 160,
275, 278, 280, 281,
287
1953 — 131, 280, 281
De Lamarter, Eric
1948 — 330
Delaney (Local 1798)
1951 — 194
De Lap, T. H.
1943 — 5, 6
De Lappe, W. R.
1953 — 279
de la Silva, Solomon
1948 — 152
Delatour, G. S.
1949 — 486
Del Carlo, Daniel
1948 — 185
Delcol
194S — 283
Delehante, Margaret
1948 — 186
1949 — 562
Delgado, John
1953 — 257
Delhi Book Centre
1953 — 229
De Lima, Peter
1947 — 71, 141, ISO, 181,
183, 184
1948 — 116
1949 — 422
Dell, Floyd
19 48 — 244
Dell, Russell
194S — 94
1949 — 554
Dellums, C. L.
194S— 249
Dellums, Mrs. C. L.
iy4S — 194
Del Mar, Lileta
1948 — 356
De Long, Frank
1947 — 256
de los Reyes, Dr. Joseph
Manuel
1955 — 92, 93, 94, 95, 96,
97, 98, 99, 100, 101,
1U2, 103, 104, 169,
211, 223
del Rio, Dolores
1951—273
Delson, Max
1948 — 334
De Luca, Rev. Theodore
1948 — 271
1949 — 468
De Lue, Donald
1948^330
De Maestri, R.
19 48 — 382
De Maio, Ernest
194S — 95
1949 — 546
Demarest, C. H.
1949 — 596
De Mille, Agnes
194S — 210, 240, 262, 263
1949 — 538
De Mille, Katharine
1948 — 97
Democracy
1943 — 9, 10
1945 — 69, 70
Democracy and Social
Change
1948 — 246
Democrat Socialist Party
1949 — 46
Democratic Centralism
1943 — 37
1945—90
Democratic County Central
Committee
1947 — 226
1949 — 969
Democratic Front, The
1943 — 91
Democratic Party
1943 — 158, 160, 161
19 49 — 4 70
1959 — 17, IS, 19, 29, 31,
33
Democratic Youth
Federation
1943 — 161
Democrats for McCormick
1948 — 215
Democrats for Wallace
1959 — 28
Dempsey Deportation Bill
194S — 327
Demuth, Helene
1953 — 19, 20, 24
Dengel, Philipp
1949 — 172
Denmark
1943^221
Denn, Adolph
1948 — 248
Dennes, William R.
1947 — 88, 93
1948 — 194
1949 — 425
Dennett, Eugene V.
1949 — 549
Dennis Defense Committee
1949 — 304, 305
Dennis, Eugene
1947 — 227
1948—35, 139, 212, 226,
362
1949—99, 107, 129, 134,
135, 144, 186, 188,
189, 191, 224, 304,
305, 344, 399, 441,
447, 451, 462, 487,
522, 616, 617, 631,
632, 678
1951 — 22, 205
1953 — 241
1957 — 82, 83, 93
1959 — 42, 43, 102, 149,
150, 151, 152, 153,
158, 168, 181
Dennis, Peggy
1948 — 342
Dennis v. United States
1955 — 60, 61, 64
Denver University
1953 — 94
Department of Agriculture
1959^24, 101, 172
Department of Commerce
1959 — 173
Department of Defense
1959 — 103
Department of Education,
Division of Readjust-
ment Education
1947 — 87
Department of Education,
Institute
1959 — 212
Department of Employment
1959 — 27
Department of Immigration
and Naturalization
1948 — 223
Department of Institutions
1943 — 111
Department of Interior
1948—108
Department of Justice
1948—93, 120
1949—444
1951 — 4
1959 — 128, 140. 150, 172,
196
Department of Justice, Div.
of Internal Security
1959 — 183
Department of Labor
1943 — 111
1959—24, 27, 41, 128, 173,
181
Department of Public
Works
1959 — 24
Department of Relief
1959 — 24
Department of Social
Welfare
1959 — 24, 27
Department of State
1959 — 129, 172, 191, 192,
194, 195, 196, 203
Department of Welfare
1943 — 111
de Patta, Margaret
1947 — 89, 91
1949 — 425
Deputy State Labor
Commissioner
1943 — 111
Der Arbeiter
1948 — 224
Derry, John R.
1955 — 367
de Rycke, Dr. Laurence
1948 — 171
Desa Singh
1953 — 221
Descendants of the
American Revolution
1945 — 350
1948 — 336
Deschin, Jacob
1949 — 480
De Schwienitz Sr., Karl
1959 — 185
Deseu, Petrus
1948 — 268
1949 — 464
De Shelter, Irwin
1947 — 239, 241
1949 — 475
De Shishmareff, Paquita
Louise
1943—259
Deshmukh, Professor
1953 — 233
De Silva, Howard
1947 — 239
1949 — 470
de Silva, Howard
1955 — 387
Desky, Howard H.
1948^16
Desmond, Earl D.
1951—1
1959 — 204
De Soos, Andor
1949 — 429, 431
Despol, John
1955 — 330, 331, 361
Dcstepterea
1949 — 385
de Toledano, Ralph
1959 — 157
de Touloff, Serge
1948 — 393
Detroit Bakery
1951 — 267
Detroit Bill of Rights
Defense Committee
1949—306, 440
INDEX
263
Detroit City Council
1948 — 246
Detroit Youth Assembly
1949 — 30G
Detzer, Dorothy
194S — 181, 333
Deutch, Gertrude
1955 — 389
Deutch, Stephen
1049 — 480
Deutsch, Adolph
1948 — 31fi, 317
Deutscli, Albert
1948 — 375
1949 — 480, 489, 499, 503,
507, 509, 510, 513,
514, 515, 516, 524,
526, 527, 536
Deutsch, Mrs. Armand
1947 — 239
1948 — 210
Deutsch, Babette
1948—389
Deutsch, Helen
1948 — 260
Deutsch, Dr. Monroe B.
1948 — 194, 322
Development of Japan
1943—324
Devine, John
1948 — 94
1949 — 554
Devio, Pierre
1957 — 9 6
Devlin, Marian
1948 — 279
De Veto, Bernard
1948 — 330
De Wees, Benjamin L.
1948 — 353
Dewey, Prof. John
1948—102, 121-123, 125,
128, 129, 135, 159,
166, 168, 191, 365,
366, 370, 371
1949 — 92
1951—38, 47
Dewey, Governor Thomas E.
1948-118, 352, 363
1951 — 251
De Witt, John L.
1945 45
De Witt, Rev. Dale
1948 — 151, 319
Dexter, Mrs. Elliott
1948—355
d'Fonseca, Lydia
1951 — 280
Dhaml, Nagani Ram
1953 — 219
Dialectical and Historical
Materialism
1949—192
Dialectics of Nature
1949 — 191
Diament, Henrich
1948 — 278
Diamond, Beverly
1948 — 375
Diamond, Mrs. Flor
1948 — 146
Diamond, I. A. L.
1948 — 210, 374
1955 — 459
Diamond, Dr. Moses
1948 — 262
Diamond, Muni
1948—210
Diaz, Jose
1943—121
Dibner, Charles
1948 — 278
Dickerson, Earl P.
1948 — 198
1949—146, 449, 480, 489
499, 502, 506, 508
509, 512, 519, 520,
521, 522, 523, 525,
527, 537
Dickey, Harry
1948—233
Dickey, Randall F.
1945 5
1947 — 4, 146, 147, 276,
278, 307, 372
1951—1
Dickinson, Mrs. LaFell
1948 — 227
Dicks, Walter
1948 — 94
1949 — 554
Dickson, Mrs. Virgil E.
1948 — 194
Dickstein, Eva
1947 — 72
"Dictatorship and Political
Police"
1949 — 24
Diebel, Hans
1943 — 225-227
Die-Casters Association
1959 93
Diefenbach, Dr. Albert C.
1949 — 480, 499
Die Internationale
1948—242
Dies Committee
1948 — 96, 103, 104, 112,
104,
180, 320, 328,
351, 390
178
330
1953 — 145
1959 — 201
Dies, Martin
1947 — 184, 202, 206, 214
1948 — 103, 232, 268
1951 — 48
1959 — 139
Dieterle, Mrs. Charlotte
1948 — 355
Dieterle, William
1948 — 170, 171, 279
Dieterle, Mrs. William
1947 — 185, 235, 239
Di Fiore, Joseph
1948—311, 314
Digg, Charles
1948 — 163
Di Giorgio Farms
1948 — 223, 336, 337
Dilcourt, John
1948—375
Dillon, George
1945—127
Dillon, William
1947—^155
Dilworth Act
1957—154
1959 — 207
Dilworth, Nelson S.
1943 — 6
1945 — 5
1947—4, 123, 294, 372
194S— 3, 8, 9, 10, 219
1949 1 7, 599, 601-603,
605, 609, 611, 614,
637, 646, 648
1951—1
Di Misner
1948—203
Dimitroff, Georgi
(Dimitrov)
1943—121, 133
1948—66, 124,
367
1949-^12,
244
1951—257
Dimitroff, Kondo
1948—205
161
133,
190
135, IGO. 161
Dimitrov
1943—21
1949—87. 162, 555
Dimitrov, George
1947 — 44
194 8 32
1949 — 164, 451-455, 617
Dimitrov, George M.
1949—118
Dimitrov, Georgi
(Dimitroff)
1949 — 100, 117, 118, 119,
354 522
1953 — 53, '54, 59, 136, 226
1957—79, 89, 90, 91, 102,
105, 106
1959—19, 90
Dimock, Edward, Judge
1 953 173
Dimock, Dr. Hedley S.
1949 — 480, 499, 504, 512
Dimock, Marshall
1948 — 354
1949 — 480, 483, 489, 502,
514
Dimondstein, Morton
1949—428, 435
Dimonstein, Morton
1959—185
Dimsdale, Howard
1948 — 374
Diner, Sam
1947—77
1949—423
Dinkin, Miriam
1943—197
Dionisio
1951 — 274
Dippel, Mrs. Ann H.
1948—16
Direction
1948 — 126, 224, 368
1949 — 385
Disabled American Veterans
1948—41, 43, 386
Discussion Club, 44834
1943 — 379, 380
Diskind, Louis
1948—213
Dispatcher
1948 — 218
Dispy, Colonel
1949 — 555
District Champion
1948—224
1949—386. 546
District of Columbia
Communist Party
1949 — 371
Dituri, Frank
1948 — 179
Divine, Captain Lester J.
1948—16
Division of Immigration
and Housing
1948 — 235
Dixon, Dean
1948 — 198
Dixon, Mrs. Joseph
1948 — 146
, Diherzinsky
1947 — 292
Djilas, Miloran
1949 — 124
1959_36, 147, 180, 181
Dmytrishn, A.
1949 — ^414
Dmvtrvk, Edward
1947_70, 72, 73, 96, 97
1948—97, 129, 159, 171,
183, 185, 190, 239,
251, 252, 276, 277,
279, 373, 374
1949—421, 688
1951—53, 268, 271
264
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Dmytryk, Richard
1959 — 116
Dobb, Maurice
1949—191
Dobb, Morris
1951 — 153
Dobbs, Ben
1955—176, 314, 315
Dobbins, William
1949 — 549
Dobbs, Ben
1948 — 213
1951 — 28
Dobbs, Rev. Malcolm
1948 — 163
Dobrzynska, Jetka
1949—546
Doctor Zhivago
1959 — 147
Doctrine of the Separation
of Powers and Its
Present Day Signifi-
cance
1959 — 206
Documentary Film d
Morale, The
1951 — 54
Dodd, Dr.
1959 — 85, 86
Dodd, Dr. Bella V.
1948—163, 196,
"' 229,
352,
449,
212, 227,
270, 328,
391,
456,
92
458
144,
149,
175,
208,
353,
502,
509,
519,
215,
228,
340,
1949 — 448,
1951 — 286
1953 — 141, 142, 143,
146, 147, 148,
164, 167, 174,
177, 2S0. 281
1959—51
Dodd, Martha
1948 — 113, 114, 189,
234, 244, 271,
391
1949-468, 480, 499,
504, 505, 508,
510, 511, 517,
527, 534
1951 — 272
Dodd, Paul
1947—239
Dodd, William E., Jr.
1948 — 141, 151, 163,
239, 248, 350
Dodge, Eleanor
1955 — 409
Dohan, William
194S— 164
Doho
1959—20
Doho, Sha
1943 — 337
Doidge, Major General
Monroe
1947 — 102
Dolgin, Rabbi Simon A.
194S — 198
Dolin, Anton
1949 — 480, 499, 501, 521,
534
Dolla, Jacob
1948 — 265
Dollfuss, Englebert
1947 — 6
1951 — 47
Dombrowski, James
1948 — 113, 226
Dombrowski Medal
1948—100
Dombrowski, Thomas
1949 — 545
Domei News Agency
1953—215
Donaghue, Henry
1948-162
Donaldson Printing Co.
1943 — 380
Donath, Ludwig
1948 — 356
Donchin, Samuel
1953 — 72
Dondo, Dr. Mathurin
1948—185
Dong, Dr. Collin
1948—144
Doniger, Walter
1948 — 210
Donnelly, Roy M.
1948 — 152, 249, 358, 359
Donnini, Ambrogio
1949—128
Donovan, INIajor Gen.
William J.
1959—174
Doose, C. L.
1943-176, 191
Doriane, Charles
1948 — 162
Doran, D. A.
1948 — 255
Doran, Dave
1943—120
1948 — 196, 251
Doran, Sadie
1948 — 268
1949 — 464
Dorf, Artur
1949 — 555
Dorfman, Zelda
1948 — 378
Dorias, Leon
1943 — 150
Dorland, Norman E.
1948 — 94
1949 — 554
Dorner, Hannah
1948—262, 354
1949 — 547
Dos Passes, John
1945—119, 121
1949 — 485
Douglas Aircraft
1943 — 134
Dougherty, James F.
1947 — 96
Douglas, Prof. Dorothy
]^948 323
1949—480, 488, 489, 499,
502, 505, 509, 527,
528, 530, 532, 538
Douglas, Fred T.
1948 — 107
Douglas, Dr. Harl R.
1948 — 113
1949 — 4S0, 499, 502, 518
1951—281
Douglas, Helen Gahagan
1947 — 101, 183, 186
194S — 132, 277
1949-688
1951 — 120
1959 — 34
Douglas, Kirk
1948 — 210, 211
Douglas, Melvin
1955 — 445
Douglas, Melvyn
1943 — 161
1947 — 209, 239
1948 — 109, 135, 151, 152,
256, 257, 310, 375
Douglas, Paul H.
1948—247, 327
Douglas, William O.
1949 — 252
1959 — 156, 189
Douglas, Mrs. William O.
1948 — 278
Dowden, Bishop Tarkington
1943—275, 277, 278
311,
317,
483,
484,
489,
494,
499,
501,
504,
506,
507,
510,
512,
514,
517,
518.
521,
531,
532
Dowling, F. W.
1959 — 97
Dowling, Richard A.
1948 — 205
Downes, Olin
1948 — 262,
1949 — 480,
491,
502,
509,
516,
529,
1951 — 272
1955 — 392
Downey, Sheridan
1947—79, 89, 93, 183
Downs, Jane
1953 — 107
Downtown "Forum,"
Los Angeles
1948 — 147, 148
1949—306
1951 — S3, 248, 252, 255,
256, 265
Downtown Kiwanis Club
of Los Angeles
1949—671
Downtown Shopping A etos
(Los Angeles)
194S — 126
Doyle, Bernadette
1951 — 79, SO, 202
1953 — 76, 256
1955 — 108, 128
Doyle, Charles
1948 — 204-206, 209
Dozenberg, Nicholas
1949^179
Dozier, William
1945—116
Drader, Ruth, Mrs.
1955 — 71, 290, 291, 292,
293, 294, 295, 296,
297, 298, .'99, 300,
301, 302, 303, 304,
305, 308, 307, 308,
309, 310, 311, 312,
313, 314, 315, 316,
317, 318, 319, 320,
321, 322, 323, 324,
325. 326, 327, 328,
329, 330, 331, 332,
333, 334, 335, 336,
337, 338, 339, 340,
341, 342, 343, 344,
345, 346, 347, 348,
349, 350, 351, 352,
353, 354, 355, 356,
357, 358, 359, 360,
361, 362, 363, 364.
380, 383, 385, 387,
388, 389, 391
Dragoicheva, Tsola
1949 — 354
Dragon Beard Ditch, a Play
1957 — 135
Dragun, Kusma
1948 — 259
Drake, Alfred
1948 — 254
Drake, Victor
194S— 356
Dramatic Work Shop
1948 — 392
1949 — 306
Dramatist Guild
1947 — 287
Draper
1957 — 60
Draper, Muriel
194.5 — 127
1948 — 97, 113, 114, 151,
163, 189, 208, 227-
230, 244, 248, 271,
323, 328, 350, 352,
353, 390
INDEX
205
Draper,
Muriel — Continued
194U-
-456,
457,
458,
468,
480,
488,
489,
491,
498,
501,
502,
503,
504,
505,
508,
509,
510,
512,
513,
517,
5 20,
521,
523,
526,
527,
528,
529,
530,
531,
532,
533,
534,
536,
537,
538,
546,
688
1951-
-58,
275,
GO,
286
271,
272,
1953-
-131,
171,
172,
176
Draper,
Paul
194S-
-59, 210, 378
1949-
-480,
484,
489,
499,
501.
503,
505,
509,
514,
515,
532,
533,
534,
688
1951-
-272
Draper,
Theodore
1948-
-198,
377
Drasnin
, Charles
194S-
-215
1951-
-226,
228
l95:w
-282
Dratler,
Jay
194S-
-210,
279
Drazick
, Mary La
sun
1955-
-390
Dreher,
Rose
194:;-
-124
Dreis, Edward J.
1947-
-89, 93
Dreiser,
Theodore
1943-
-93
1945-
-119,
121,
139,
141
1947-
-106
1948-
-109,
114,
151,
160,
162, 171, 201, 211.
239, 258, 267, 273,
310, 328, 338, 344,
351, 352, 357, 358,
359, 377, 390, 391
1949—362, 471
Dreyfus, Benjamin
1947 — 241
1948 — 216
1949 — 436, 437
1955—329
Driesen, Daniel
1948 — 141
Drozdoff, Leo
1959—172, 174, 176
Drucker, Hannah
1948—215
Drum, Mrs. Jack
1948 — 146
Drummond, Andrew
1948 — 198
Drummond, Roscoe
1949 — 132
Drury, Dr. Douglas R.
1948—171
Drury, James
1947—90
Drydocl:, Marine Waysmen,
Stage Riggers and Help-
ers Local 2116
1947 — 80
Dryer, Sherman
1948 — 196
Dual Citizenship
1943 — 287, 323
Dubin, Harry N.
1948—338
Dubin, Sidney
1948—356
Dubinsky, David
1949 — 631, 632
Dubonoff, Bella
1951 — 286
Dubonoff, Mrs. Belle
1948 — 170, 177, 178
Dubonoff, Paul
1948—177
Dubois, Dr.
1957 — 83
du Bois, Guy Pene
1948 — 262, 330
Dubois, Marcel
1948—343
Du Bois, Rachel
1948—227
DuBois, W. C.
1955 — 112
Du Bois, W. E. B.
1948 — 107. 113, 151, 198,
201, 208, 233, 248
1949 — 480, 483, 489, 491,
499, 502, 503, 504,
505, 506, 508, 514,
515, 516, 518, 519,
520, 523, 524, 525,
526, 527, 530, 531,
532, 533, 534, 536
1951 — 271, 272, 275, 276,
281
1953 — 175
1955—392
1959—185, 195
Du Bridge, Lee A.
1953—133
Dubrowsky, D. H.
1948 — 142
Duehon, Paul
1948 — 268
1949 — 464
Duclos, Jacques
1947 — 8, 25, 26, 27, 29, 30,
31 37 38
1949 — go! 94', 95, 97, 158,
170, 171, 174
1953—71, 72, 224
1955—279, 280, 284
1957 — 91
1959 — 148
Dudintsev
1959_36, 147, 180, 181
Dudish, Jr., Mike
1955—391
Dudley, Jane
1948—378
1949 — 480, 488, 499, 508,
515, 519
Dudrov, Paul
1048 — 184
1949—561
Duel, Henry
1948—273
Duff, Howard
1948 — 210, 356
Duffy, Clinton T.
1943_112, 176, 190
Dugan, James
1948—338
1949 — 480, 489, 499, 508,
510, 514, 517, 519,
535, 537
Duggan, Laurence
1959—172
Duke, Rev. Baxter Carroll
1955-383
Dula, John
1948 — 375
Dull, Joe
1949 — 556
Dulles, John Foster
1959—88, 1G9
Dumas, Leopold
1948 — 184
Dumke, Dr. Glenn S.
1948 — 171
Du Mond, F. V.
Dumont, Cole
1949 — 179
Duncan, Cleo
1948 — 94
1949—554
1948 — 330
Duncan, Gregor
1948—196
Duncan, Tjowell
1948 — 94
1949 — 554
Dunfee, Marjorie
1948—356
Dunham, Harrison M.
1945 — 33
Dunkirk
1943—221
Dunks, Judy
1943 — 60
Dunlevv, Harold
1947 — 94
Dunn, Betty
1955—448
Dunn, Prof. L. C.
1948 — 323, 324
1949—533
Dunn, Phillip
1955 — 445
Dunn, Ray
1947—211
1951 — 77, 229, 230
Dunn, Robert "W.
1947 — 202
1948 — 107, 143, 151, 194,
201, 247, 265, 266,
270, 328, 357, 359
1949 — 326, 449, 461, 545,
547, 632
1953—174, 175
.1959 — 185
Dunn, Dr. Thomas
1948 — 94
1949—554
Dunn, William F.
1949—197
1951 — 172
Dunne et al v. United
States
1949—248
Dunne, Mrs. Pinley Peter
1948—277
Dunne, Father George
1947—237
Dunne, Philip
1943 — 160, 161
1945 — 127
1947 239
1948—4, 135, 210, 256,
310, 372, 373
Dunne, William F.
1945 — 156
1948—107, 266
1949 — 177, 178, 196, 197
1953—175
DuPangher, Jack
1951 — 229
DuDont
1947 — 364
Dupont, Zeara
1948 — 248, 351
Durant, Kenneth
1948 — 247
Duranty, Walter
1948 — 326, 357
1949 — 164, 540
Durham, Willard H.
1947 — 88, 93
1948 — 194
1949 — 425
Durkin, James
1951—278
Durning, Etta
1943 — 124
Durr, Clifford J.
1949 — 483, 486
1951 — 263, 281
Durr, Virginia
1949 — 486
Dushane, Donald
1948^262
D'Usseau, Armaiid
1949 — 489
266
UN-AMERICAN ACTIVITIES IN CALIFORNIA
I
D'Usseau, Arnaud
1947 — 106
1949 — 480, 499, 501, 503,
506, 510, 512, 514,
515, 517, 522, 529,
530, 534. 537, 545
Dutt, Rajani Palme
1948 — 194, 340
1949 — 192
1953—224, 228, 231, 241
Dutto, Frank
1949 — 448
Duty, Frankie
1948—383
Duvivier, Julien
194S — 271
1949 — 468
Dvorin, Irving'
1947 — 151, 163
Dyakov, A. M.
1953 — 226, 227
Dver, Dr. Brainerd
1948—171
Dyer-Bennett, Richard
1949 — 480, 489
Dykstra, Dr. Clarence
Addison
1947 — 263, 322
1948 — 112, 113, 132, 170,
171, 324
Dykstra, Dr. Clarence M.
1951 — 55, 59, 92, 286
Dykstra, Matthew
1948 — 94
1949 — 554
Dymtryk, Edward
1949—478, 480
1951 — 57, 58
Dynamo
1951 — 235
Dzenit, John
1948—328. 352
Dzugraslivili, Josef
Vissarionovich
1953—28, 29
E.C.C.I.
1949 — 163, 174, 176, 182
1959—158
E.P.I.C.
1959 — 17
Eagle Rock Council for
Civil Unity
1948—353
Earl, Helen
1955—391
Earl, Howard
1948—94
1949 — 554
Earl, Robert (see Earl
Robinson)
1949 — 452
Earle, Edward Meade
1948—247
Earnshaw, Catherine
1948 — 226, 228
Earnshaw, Mrs. Katherine
1949 — 456, 458
East and West Association
1949 — 539
East Bay Arrangements
Committee
1953—259
East Bay Arts, Sciences
and Professions Council
1953 — 248, 249, 282, 283
East Bay Civil Rights
Congress
1953—248
1955 — 403
Ea.'st Bay Council of Arts,
Sciences and Professions
1953 — 248, 249, 255, 262,
279
East Bay Committee for
Republican Spain
1948 — 217
East Bay Committee to Save
tlie Rosenbergs
1953 — 278, 282
East Bay Machinist Strike
1951 — 193, 194, 195, 196,
197
East Bay People's World
Forum
1953 — 282
East Bay Scottsboro
Defense Council
1947 — 190
East Bay Youth Cultural
Center
1953 — 277, 278
East Los Angeles Girls
Vocational High School
1953—110
Eastman, Anita
1951 — 229
Eastman, Max
1945 — 74, 76, 79, 84
1947 — 117
Eastman, Phil
1948 — 192
Eastside Journal
1948—224
East Side Youth Club of
the Comumnist Party
1948—214
Eat, Drink and Be Wary
1943 — 103
Eaton, Walter P.
1948 — 330
Ebell Club of Los Angeles
1948 — 15, 16, 18
Eckbo, Arline
1955—391
Eckbo, Mr. Garrett
1951 — 267
Eckbo, Mrs. Garrett
1951 — 267
Eckbow, Garrett
1953 — 107
1955—387, 390, 391
Eckerson, Chelene V.
1948 — 277, 278
Eckert, Kenneth
1945 ]^39
Eckert, Dr. Ralph
1947 — 330
Eckstein, Erma
1948 — 375
Ecmirbiam, Florita
1948 — 179
Economic Keics
1949 — 461
Economic Notes
1948 — 49, 224
1949 — 386, 460, 547
Eddv, Harriet E.
1959 — 184
Edel, Prof. Abraham
1949 — 480
Edelman, Helen
1951—107, 109, 111, 116,
117, 118, 133
1957—3, 20, 21, 22, 30
Edelstein, Mrs. Jean
1948 — 16
Eden, Philip
1947—89, 91
1949—425, 429, 430
1953 — 278, 282
Edgerton, Judge
1955—184
Edie, Prof. Stuart
1949—399, 480, 505
Edises and Treuhaft
195 3 — L'7 9
1955 — 50
Edises, Bertram
1948 — 215
1949—688
1951 — 254, 256, 260, 261,
1955 — 49, 50, 51
1959—132
Edises, Mrs. Bertram
1953 — 264, 279, 282
Edises, Pele
1947 — 90, 149
Edises, Pete
1948 — 343
Edises, Treuhaft and
Condon
1955 — 50
Edman, Erwin
1949 — 499, 506, 510, 524,
525
Edmonds, Justice
1955 — 51
Edmonds, Sue
1948 — 277, 278
Edmonds, George (see
George E. Williams)
Education and Social
Conflict
1953 — 151
Education and Social
Dividends
1953—151
Education Between Two
Worlds
1951 — 45
Educational Committee
on Americanism
1948 — 17, 19
Educational Frontier, The
1953 — 155, 156
Education System of the
U.S.S.R., The
1949 — 539
Edwards
1949 — 677
Edwards, G. W.
1948 — 330
Edwards, George
1947 — 268, 269
1948 — 214
Edwards, India
1948 — 228
1949 — 458
Edwards, Mrs.
1955 — 26
Edwards, Ralph R.
1955 — 18, 23, 24, 26, 27,
30, 34, 40
Edwards, Thyra
1948 — 228, 230
1949 — 458, 545
Efeimoff, Boris
1949 — 552
Efthin, Alex
1951 — 287
Egan, Jack
1948 — 94
1949 — 554
Eger, Joseph
1955 — 386
Ehrenburg
1953—275
Ehrenburg, Ilya
1947 — 106
1948—199
1949 — 68, 497
Ehrlich, Leonard
1945 — 126
Ehrlich, Teresa
1948—93, 95
Eickholt, A. E.
1948—16
INDEX
267
Eidenoff, Sol
1947 — 163
Eidsath, Rev. Martin. S.
1945—137
1947 — 67, 96
194S — 183, 185
1949 — 419
Eidusson, Sam
1948 — 179
Eighteenth Brumaire of
Louis Bonaparte
1949—190, 191
Eiler, Major E. E.
1948—16
Einfeld, Charles
1948—210, 211
Einstein
1949 — 63
1953—234
Einstein, Albert
1948 — 244, 262, 310, 311,
324, 328
1949 — 480, 484, 489, 495,
499, 502, 506, 509,
510, 511, 512, 51C,
519, 520, 522, 523,
526, 528, 530, 531,
532, 533, 534
1955—193, 410
Bisenberg, Frances
1953 — 79, 110, 119, 120,
124, 125, 126
1955—66, 423, 424, 425,
426, 427
1957 — 149
Eisenberge, Mrs. Francis R.
1947 — 71, 115, 117, 119,
122, 126, 128, 129,
132, 134, 135, 136,
137, 138, 139, 141,
369
1948—177
1949—422
1951 — 286
Eisenberg, Jack
1955 — 386
Eisenberg, Meyer
1955 — 391
Eisenberg, Mrs. Meyer
1955 — 391
Eisenberger, Sidney
1948-179
Eisenhower, Dwight David
1947 — 362
1951—67
1953 — 194
1955—215
1957 — 60, 62, 77
1959 — 169, 195, 196
Eisler
1949 — 60
Eisler Defense Committee
1948 — 118
1949 — 304, 306, 446
Eisler, Gerhardt
1948 — 35, 100, 118, 122,
125, 134, 139, 166,
202, 204, 209, 226,
362, 363, 365, 368
1949 — 172, 231, 304, 442,
444, 446, 447, 448,
449, 451, 452, 454,
455, 522, 523, 632,
656, 677
1951 — 50, 54, 257, 260,
2G5, 287
1953—224
1959—89, 115
Eisler, Hans
1948 — 189, 202, 224, 316
317, 364, 377
1949 — 305, 523, 677, 688
1951 — 53, 54, 57, 260
Eisler, Hanns
1959 — 115
90, 91
430
Eisler Hits Back
1948—118
Eisman, Harry
1949 — 182
Eisner, Simon
1947—179
Elber, Irwin
1947 — 82, 89
1949—425, 429.
Elconin, Alice
1948-101
Elconin, William
1948—62, 164, 209, 346
1949 — 146, 470, 688
1959 — 99
Elconin, "William B.
1955 — 383, 390
Elconin, William L.
1951 — 255
Elders, Paul
1953 — 264
Eldredge, Florence (see
Mrs. Frederic March)
1949 — 688
1951 — 284
Eldridge, Anita
1948 — 375
Eldridge, Dorothy Hope
Tisdale
1959 — 176
Election Struggle in Cali-
fornia, The
1959—25
Electrical Workers Union
CIO
1948 — 164
Elementary Russian Reader
1951—153
Eliel, Paul
1947 — 89, 93
Eliot, Dr. Frederick May
1948 — 271, 322
1949 — 468
Elisco, Edward
1947 — 71
1948 — 189
1949 — 422
Elizabeth Gurley Flynn
Club
1947—35
1949 — 306
Elizalde Anti-Discrimina-
tion Committee
1947 — 55
1949—306
Elkins, Dr. Oscar
1955 — 79, 288
Elkus, Albert I.
1948 — 328, 352
Ellington, Duke
1948 — 251
Elliot, Jesse
194S — 16
Elliot, Scott
1948 — 356
Elliott, Edward E.
1948—346, 355
1949 — 478, 688
Elliott, Ida
1948 — 214
Elliott, J. Paul
1947—132, 133, 137
Ellis, David
1948 — 356
Ellis, Francis
1948 — 277
Ellis, Fred
1945 — 119
1948 — 270
1949 — 467
Ellis, Robert
1949—517
Ellis, Dr. Robert H.
1949—480, 489, 499, 514
532
Ellisberg, Benjamin
1947 — 77
1949—423
Ellison, Naomi
1948—186
1949—562, 563
Ellison, Victor
1948 — 186
1949 — 563
Ellsworth, Ted
1947—301
1948—251, 255
1949 — 688
Eloesser, Dr. Leo
1948—94, 114, 132, 328,
358, 390
1949 — 554
1951 — 92, 93
Eloesser, Rikee
1948 — 278, 352
Elsea, A. Ray
1943—356, 358, 382
El Sinarquista
1943 — 201, 202
El Socorro Rojo Inter-
nacional
1949—439
Eltcher, Max
1959 — 175
Eltenton, Dorothea
1947 — 89
1948—171, 172. 176, 178
1951—57, 59, 235
Eltenton, George C.
1947 — 89
Eltenton, Dr. George C.
194§_172, 173, 174, 176,
178, 237
Eltenton, George Charles
1951—234, 235, 240, 241,
242, 243
Elton, Harry
1948—278
Elveson, Leon
1959 — 173, 176
Embassy of Union of Soviet
Socialist Republics
1949—548
Embree, Edwin
1953 — 151
Embrey, Elizabeth
1948 — 179
Embrey, Garland
1948 — 179
Embury, Aymar I.
1948—330
Emeny, Brooks
1947 — 321
Emergency Action Confer-
ence
1948 — 203, 205
1951 — 265
Emergency Civil Liberties
Committee
1959—144, 146, 207, 214
Emergency Civil Liberties
Conference
1948 — 233, 234
Emergency Committee on
KFI
1947—181, 186
1948 — 233
1949 — 306
1955 — 444
Emergency Committee to
Aid Spain
1947 — 202
1949 — 306
Emergency Conference on
World Peace and China
1951—276
1953 — 247
Emergency Conference to
Aid the Spanish Re-
, public
1949—306
268
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Emergency Conference to
Halt the Blackout of
Civil Liberties in Cali-
fornia
1948—233
1949—307
Emergency Council
1949—301
Emergency Defense Agency
1959 — 173
Emergency Legislative Con-
ference
1951—57
Emergency Medical Com-
mittee for the Defense
of Professional Licen-
sure
1955—115, 117, 370, 371
Emergency National Con-
vention
1949—171
Emergency Peace Confer-
ence
1948 — 246
Emergency Peace Mobiliza-
tion
1948 — 67, 115, 150, 165,
342
1949 — 307
Emergency Relief Appro-
priation Acts
1959 — 139
Emergency Trade Union
Conference to Aid
Spanish Democracy
1947—202
1949 — 307
Emery, Dr. Clyde K.
1948 — 170, 171
Emge, Dr. Lud\vig A.
1948 — 144
Emerson, Dr. Haven
1949 — 480, 499, 505, 506,
507, 510, 511, 524
Emerson, Thomas I.
1948 — 331
1949 — 480, 489, 499, 508,
514, 517, 541
Ernes
1949 — 179
Emma Lazarus Women's
Clubs of Los Angeles
1955 — 388, 390, 391
Emmett, W. H.
1949 — 191
Empire of Fear
1959—167
Empros
1948 — 224
1949—386
Emspak, Julius
1945 — 147
1948—198
1949 — 448, 451, 455
1953 — 63, 187, 190
Encina, Susie
1951 — 267
Encinas
1951 — 274
End Poverty in California
1943 — 119
Ende, Lee, Mrs.
1955 — 391
End-Discrimination Com-
mittee
195.5 — 98
Endore, Guy
1945—121, 127
1947 — 70, 72, 73
1948 — 97, 114, 152, 189,
279, 357, 374
1949 — 146, 421, 428, 433,
480, 488, 489, 499,
501, 502, 504, 506,
510, 512, 514, 517,
518, 522, 526, 527,
535, 625
1951 — 53, 57, 271
1953—172, 174
1955 — 442, 443, 450
Enee, S.
1948 — 328, 352
Engdahl, Louis J. (J. Louis)
1949 — 178, 196
Engel, Lehman
1949 — 4S0, 499, 502, 506
512, 515, 537
Engelberg, Hyman, Dr.
1947 — 73
1948 — 346
1951 — 267
1955—266, 288, 367, 370
374
Engleberg, Monroe, Dr.
1951 — 267
Engels, Frederich
1943—19
1945 — 60, SO
1947—9, 15, 17, 77, 85
268, 361
1948 — 372
1949—12, 14, 27, 67, 70, 79
SO, 85, 99, 127, 128,
142, 155, 183, 184,
185, ISS, 190, 191,
193, 202, 203, 204
208, 210, 211, 217
219, 225, 230, 2.34
242, 248, 251, 358,
423, 615, 616, 651,
670, 705
1953—9, 10, 11, 12, 17, 18,
19, 20, 24, 25, 26,
29, 47, 156, 223,
224
1955 — 89, 381
1957 — 64, 146
Engles, Frederick
1951 — 66, 153
Engels on Capital
1949 — 191
Enger, Mrs. Eva O.
1948 — 16
England, George
1948 — 356
Engle, Congressman Clair
1959—31
English Friends of the
Chinese People
1948 — 144
English, Richard
1955 — 441
Englund, Ken
1948 — 251
Enlarged Caucuses
1943 — 81, 82
Enloe, :]\rrs. Dorothv Scharn
1947 — 324, 340, 341, 343,
344
Enochs, Neil
1947—72, 73
Enock, Beatrice
1948 — 259
Enright, Theodore
1957 — 73
Entenza, John
1948 — 171, 355
Enters, Anga
1948 — 310
Ephron, Henry
1948 — 210
Ephron, Phoebe
1948 — 210
Epperson, Dr. J. Gordon
1948 — 16
Epstein, Abraham
1948 — 199
1949 — 464
Epstein, Ethel
1948 — 226, 375
Epstein, Ida M.
1951 — 267
Epstein, Isaac
194S — 259, 343
Epstein, Israel
1949 — 461
Epstein, Jack
1948—186
1949 — 562
Epstein, Jerrv
1955 — 344, 380
Epstein, Julius
1948—97, 210
Epstein, Lena
194S— 343
Epstein, Max
1948 — 322
Epstein, Pauline
1951 — 267
195.5 — 327, 38S, 390, 392
1959 — 128
Ep.stein, Philip
1948 — 210
Epstein Schachno
1949 — 179
Equal Justice
1947 — 190
1948 — 121, 155, 224
1949 — 386
Equal Rights Conference
1955 — 306, 316, 322
Equality
1948 — 119, 224
1949 — 366, 507
ERA
1949 — 286, 303, 374
Eralova, Edvokia I.
1948 — 231
Erb
1951 — 143
Ercoli (Pahniro Togliatti)
1949 — 10, 131, 162, 239
Erdman, Alice
1943—360
Erdman, Mrs. Henry E.
1947—241
1949 — 436
Erfer, Paul
1947 — 72
Ericson, Carl R.
1945 — 167, 168
Erickson, Edward A.
194S — 16
Erickson. Leif
1948—94
1949—554
Erickson, Will
1949 — 437
Erikson, Ruth
1951 — 230
Ernst, Hugh
1953—131
Ernst, Hugo
1948 — 114
1951 — 286
Ernst, Morris
1951 — 261, 262, 263, 268
Ernst, Morris L.
1948 — 109, 110, 145, 199,
247
Erskine, Charles
1948 — 113, 391
Erskine, Dorothy
1947 — 94
1948 — 341
Erskine, INIr. and Mrs.
Herbert W.
1948—194
Erskine, Morse
1948 — 5
Erskine, Thomas
1953—180
Ertola, Dr. Charles A.
1948—185
Erwin, Agon
1947—106
INDEX
269
Escalante, Anival
1949— ISl
Esovich, Rudy
1947—164
Essay on Liheriy
1953—180, 181, 1S5, 186
Estabrook, Howard
1948 — 97, 185, 372
1951—53
1955 — 436, 437, 438, 441,
442, 443, 444
Estavan, Lawrence
1943 — 137
Esternian, Priscilla M.
1948 — 177
1951—286
Esterman, William B.
1947—73
1948 — 105
1951 — 29, 30, 260, 264, 2S0
1953 — 104, 120, 124, 125,
126
1955 — 303, 383, 390, 417,
419, 420, 421, 427,
451
Estlionian Women's Club
(of Massachusetts)
1949—307, 406
Esthonian Workers' Clubs
1949—307
Eteenpain
1948—224
1949—386, 467, 548
Eteenpain Cooperative
Society
1949—548
Etela, Aive
1949—548
Ethical Drug-
1948 — 343
Eugene Debs Branch of the
Communist Party
1948—215
Eugene, Lyons
1943 — 17
Evans, Alice
1948 — 278
Evans, Charles
1948 — 311, 313
Evans, Dr. E. Manfred
1948—171
Evanson, Sylvia
1947 — 89
1949 — 425
Evenina Outlook
1957—35
Evergood, Philip
1948 — 262, 343,
1949 — 480, 483, 484, 488,
489, 499, 501, 503,
504, 505, 508, 508,
509, 511, 514, 518,
522, 523, 524, 525,
527, 528, 529, 530,
531, 533, 534, 535,
536, 537
1951 — 271, 272
1953 — 172
Evergreen Primary School
1955 — 420
Evervbody's Supermarket
1951—266
Evils of Tobacco, The
1948—96
Ewin, Frederic
1948—179
1959 — 55
Ewert, Arthur
1948—363
1949 — 172
Excerpt from Address on
Arrival in Spain
1943—120
Exchange Club
1959—210
Ex-Combattcnti Society
1943—287, 290, 301-303,
305. 309
Exiled Writers Committee
1948—141, 234, 270, 335
1949—308, 324, 366, 468
Expose
1957 — 69
Ex-Servicemen's
International
1948—385
Ex-Yank
1948—339
Eyck, Mills Ten
1948—324
Eye and Ear Hospital
1955 — 98
Eyer, Courtland
1948—95
Eyer, Ronald F.
1948 — 317
Eyster, Mrs. Elizabeth
1949—602
Ezekiel, Mordecai
1949 — 488, 511, 514
F. B. I. — see Federal Bureau
of Investigation
F. B. I. Academy
1959 — 105
F. B. I., The
J959 209
F. W. T. U. — see World Fed-
eration of Trade Unions
Faber, Dr. Harold
1947—144
Pacci, Dr. Joseph
1943—286
Faco, Ruy
1949 — 181
Fact-Finding Committee of
the California Legisla-
ture
1949—657
Factories in the Field
1959—209
Facts for Farmers
1948 — 224
1949 — 387, 546
1959—146
Facts for Women
1948 — 225
1949 — 387, 546
Facts Speak, The
(Chapter 25)
1947 — 208-210, 217
Fadeev, A. A.
1949 — 485, 497
Fadavev, A. A.
1949—476, 485, 492, 493,
494, 495
Fadayev, Alexander A.
1951 — 270
Padiman, William
1948—97
FAECT — see International
Federation of Archi-
tects, Engineers, Chem-
ists and Technicians for
sixth report
1948—173, 174
1953 — 242
FAECT (Chapter 25)
1955 — 48, 49, 432
FAECT Technical School
1947—209
Fagelson, Pearl
1945 — 139, 141
1947—75, 96
1948 — 183, 259
1953 — 104
1955 — 390
Fagerhaugh, Ole
1949-437
Fagg, Fred, Jr.
1953—133
Faliiaru, Harry
1948 — 343
1949 — 547
Fairbanks, John K.
1959 — 174
Fairchild, Henry Pratt
1945 — 127
1948—109, 113, 114, 151,
169, 201, 208, 262,
263, 270, 322-325,
327, 328, 333, 352,
357 377
1949 — 449' 468, 480, 483,
484, 488, 489, 491,
498, 502, 503. 504,
505, 506, 507, 508.
509, 510, 512, 513.
515, 517. 518. 519.
520, 522, 523, 524,
526, 527, 528. 529,
530, 531, 532. 533,
534, 536, 537, 538,
539
1951—58, 271. 272, 276.
281
1953—131. 171. 172, 174,
175. 176, 177, 273,
280, 281
1955 — 392
1959 — 185
Fairchild, Mildred
1948 — 227, 230. 324
1949 — 456, 458
Fair Employment Practices
Act
1947 — 46. 301
Fair Employment Practices
Commission
1957—124
Fair Facts
1949 — 636
Fairfax City Council
1948 — 5
Fairfax High School
1951—27, 33, 34
1953—120
Fairfax Residents and Tax-
payers Assn.
1948 — 4, 5
Fairley, Lincoln
1947 — 89, 91
Faith Grace Bureau
1943 — 360, 373
Fajans, Irving
1959 — 174
Fa ion, Etienne
1957 — 96
Falange
1948—103
1959—105
Falawn, Betty
1943 — 145, 147
Falkenstein, Claire
1947 — 89, 94
1949 — 425
Falkowski, Ed
1945—119
1948 — 273
1949 — 471
Fallender, Alice
1948 — 356
Fallender, Syd
1948 — 356
Family Living and Our
Schools
1947—324
Fan Minh
1953 — 194
Fanucchi, Rose M.
1943_284, 289, 303, 314,
Far East Spotlight
1951 — 278, 280
270
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Far Eastern University
1951 — ISO, 181
1953 — 229
Faragoh, Francis
1951—57
Faragoh, Francis Edwards
1945 — 116, 117, 127
1948 — 97, 250, 256, 261,
378
Faragon, Elizabeth
1948 — 278
Farber, Ricliard
1948 — 244
Farber's Park View Manor
1948— .344
Farm Equipment Organiz-
ing Committee
1959 — 94
Farm Labor Party
1943 — 98, 99
Farm Research
1948 — 168
1949—308, 466, 546
Farmer, Frances
1948—151, 277, 278, 310,
377
Farmer, Fylce
1949 — 4S0
Farmer-Labor-Consumers'
Association
1948 — 383
Farmer-Labor Party
1959 — 27, 28
Farmer, Mary Virginia
1943 — 135, 145-148, 150,
164
1947—73
1948 — 256, 316, 356
1951 — 82
Farmers Educational and
Cooperative Union of
America
1953—174
Farnham, Dr. E. C.
1948 — 239
1949 — 435
Farquhar, Samuel T.
1947 — 107, 109
1948 — 258
1951 — 62, 63
Farr, Rev. Joyce "Wesley
1948 — 185
Farrell, Dennie
1948 — 280
Farrell, James T.
1945 — 121, 125, 126
1948 — 194, 273, 330
Farrell, Tom
1949 — 428. 433
Farrellv, David
1959 — 18, 34
Fascio
1943—287
Fascism
1943 — 9, 283, 284, 383
1945 — 6
1959—44, 45, 46, 47, 178
Fascism and Social
Revolution
1943 — 118
1953—232
Fascist
1949 — 20
Fascist Militia
1949—17
Fascist Organizations
1943—383
1945 — 5
Fascist Party
1943 — 282, 283
Fascist Propaganda
1943—285, 286, 319-21
Fascist Spain — -The Nazi
Valhalla
1948—217
Fascists
1943 — 282
1951 — 8, 11, 41, 47, 48,
257, 262
1959—105
Fassler, Arnold M.
1948 — 185
Fast, Howard
1947 — 106
1948 — 60, 132, 186, 231,
263, 343
1949^447, 460, 480, 483,
484, 485, 489, 491,
499, 501, 503, 505,
506, 508, 509, 512,
514, 515, 516, 517,
518, 519, 520, 521,
522, 523, 524, 525,
526, 527, 528, 529,
531, 532, 534, 535,
536, 537, 545, 546,
562
1951—60, 271, 272, 276,
281
1953—139, 172
1959 — 85, 147, 181, 183
Faster, Archie
1948 — 220
Fate and Revolution
1943 — 21
Fatherland Front
1949 — 118
Faulkner, Barry
1948 — 330
Faulkner, Stanley
1955-392
Faulkner, William J.
1948 — 320, 321
Faullin, Earl
1943 — 145, 147
Faupel, Rev. A. D.
1948—358, 359
Fayayev
1953 — 275
FBI — See Federal Bureau
of Investigation
Fearing, Franklin
1945 — 116
1947 — 72, 95-97, 102, 108,
129, 130, 141, 179,
186, 188, 254, 263
1948 — 146, 149, 170, 171,
183, 184, 190, 201,
239, 253, 255, 258,
276, 279, 309, 346,
373
1949 — 435, 688
1951 — 53, 54, 56, 58, 59,
62, 63, 64, 109, 255,
268. 280
1953—172
Fearing, Dr. Franklin
1955 — 365
Fearing, Kenneth
1945 — 121, 126, 127
1948 — 270, 273
1949 — 471
Feder, Gottfried
1943 — 219, 222
Feder, Dr. Morris
194S — 106, 160, 161
Feder, Dr. Morris R.
1951 — 267
1955-
—79,
173,
174,
175
176,
275,
288,
304
307,
308,
311,
315
347,
374,
389
1959-
—125
Feder,
Mrs. Morris
1955-
—315,
347,
389
Federal Art Project
1943-
—131,
133
1949-
—420
Federal Bureau of
Investigation
1943 — 8
1945 — 6, 33
1947—34, 63, 99, 133, 211,
216, 217, 319
1948 — 93, 97, 110, 116,
130, 134, 173, 174,
236, 274, 277, 332,
370
1949 — 441, 444, 469, 541,
593, 642, 653, 656,
658, 678
1951 — 3, 22, 77, SO, 81, 85,
94, 132, 150, 170,
179, 199, 225, 228,
229, 230, 241, 243,
258, 263, 283
1953 — 80, 144, 182, 186
1955 — 43, 45, 49, 107,
108, 284, 285, 286,
380, 412
1957 — 80, 121, 123, 130,
131, 141
1959 — 11, 38, 43, 61, 76,
77, 79, 80, 81, 83,
103, 112, 114, 120,
125, 126, 129, 138,
139, 140, 143, 148,
151, 152, 153, 154,
155, 156, 177, 186,
188, 191, 193, 196,
199, 206, 209, 210,
214
Federal Civil Defense
Administration
1955 — 147
Federal Communications
Commission
1947 — 180, 182, 184, 185,
192, 193
Federal Economic
Administration
1959 — 173
Federal Emergency Relief
Administration
1959—173
Federal Register
1959 — 141, 142
Federal Security Agency
1959 — 173
Federal Theatre Project
1943—146
1947 — 73
Federal Theater Project,
Los Angeles
1951 — 83
Federal Trade Commission
19 49 275
Federal \\'ork Relief
Program
1953 — 100
Federal Workers Local No.
245, CIO
1948—148
Federal Works Agency
1959 — 173
Federal Writers Project
1943 — 126, 128-132, 138,
139, 150, 151, 166
1959—117
Federated Press
1948 — 49. 145
1949 — 276, 308, 387, 460,
461, 623
Federation for Political
Unity
1959 — 24
Federation for the Repeal
of the Levering Act
1955 — 318
Federation Internationale
Des Anciens Combat-
tan ts
1948 — 384
INDEX
271
Federation of Architects,
Engineers, Chemists &
Technicians
1947—89, 101-103, 189
1948 — 7, 8, 52, 234-236,
298, 335
1959 — 94
Federation of Architects,
Engineers, Chemists &
Technicians (CIO),
Chapter 25
1951 — 198
Federation of Bulg:arian-
Macedonian Workers'
Clubs
1949—414
Federation of Mexican
Workers
1959 — 9G
Federation of Scientists
1948 — 318
Federation of Spanish-
American Voters
1949—438
Federation of the Just
1953—11
Federation of Women
Telephone Workers
1955 — 418
Federman, J. H.
1948 — 268
1949 — 464
Fee, William
1947—105
Feely, Father
1947—285
Feffer, Col. I.
1948 — 156
Fefferman, Sarah H.
1953 — 79, 92, 120, 121
Feigan, Isidore
1948 — 259
Feinberg, Alice
1955 — 389
Feinberg, Rabbi Abraham L.
1948 — 328
Feinberff Law
1953 — 148
Feinberg, William
1947 — 202. 203
Feingersh, Francis
1948 — 94
1949 — 554
Feinglass v. Feinecke
1949 — 578
Feins, Bernard
1948—211
Feldman. Ann Parks
1955-387
Feldman, J. Arnold
1948—339
Feldman, Leo
1951 — 267
Feldman, Max
1947 — 212
Felhaber. Elmer
1948 — 162
Felis, James
1948 — 339
Felix, Maria
1951 — 273
Felix, Ralph
1957—43-50, 54, 55, 57
Fellowship of
Reconciliation
1948—246
Felshin. Joseph
1948 — 214
1949—463
Felson, Milt
1949 — 556
Feldstein, Abe
1955 — 389
Felton, James
1949—608
Fenichel, Karl
1959—176
Fenster, Leo
1955 — 406, 409
Fenston (Regent U. C. )
1951 — 74
FEPC, Southern California
Committee for the Pro-
motion of
1947 — 46, 47
Ferber, Edna
1948 — 240, 263, 330, 389
Ferenz, Franz K.
1943 — 225, 241, 257, 266
Ferguson, Isaac E.
1948—265, 331
1949 — 541
Ferno, John
1948—247
Ferrand, Jacques
1949 — 486
Ferrer, Jose
1949 — 480, 484, 489, 499,
501, 504, 509, 514,
515, 521, 528, 534
1951—271
Ferrer, Uta Hagen
1951—271
Ferris, Varney
1947 — 164
Ferrogiarco, Jerome
1948 — 94
1949—554
Feuchtwanger, Lion
1947 — 96, 97, 141
1948 — 131, 170, 183, 271,
276, 324, 350, 351,
1949 — 449, 468, 480, 491,
499, 506, 507, 509,
510, 516, 528, 530,
533, 534, 535, 537,
1951 — 53, 56, 57, 271, 272,
280, 286
1953—131
Festus Coleman Committee
1948 — 172
1949 — 308
Ficke, Arthur D.
1945 — 127
Fiedler, Mrs. Sam
1948—317
Field, Ben
1945 — 121
1947 — 106
1948 — 189, 233, 273
1949 — 471
Field, Mrs. Betty
1948 — 133, 168
Field, C. Don (Assembly-
man)
1947 — 263, 264
Field, Case
1959 — 188
Field, Edith C.
1949 — 548
Field, Frederick Vanderbilt
1947 — 267
1948_113, 114, 143, 162,
164, 168, 198, 208,
226, 227, 270, 324,
340, 341, 343, 376,
377
1949 — 105, 280, 295, 461,
546
1951 — 272
1953 — 131, 172, 176, 230,
280, 281
Field, Mrs. Frederick V.
1949—456
Field, Grace
1949—546
Field, Jane
1948—151
Field, Marshall
1948 — 109, 131
Field, Martin
1948 — 372
Field, K. D.
1949 — 449
Field, Dr. Robert D.
1948 — 322
1949 — 480, 499, 516, 530
Field, Mrs. Sarah Bard
1948 — 226, 328, 341, 352
Field, William O., Jr.
1948 — 170, 248
1949—461
Field Workers Schtjol
1943 — 87
Fielde, Gerald
1948 — 95
Fielding, George
1955 — 162
Fielding, Jerry
1955 — 386
Fieldston School, New
York City
1955 — 221
Fierro, Josephine
1945—182
Fifteen Years of Biro
Bidjan
1948 — 97
Fifth Amendment
1959 — 49, 55, 56, 113, 125,
127, 169, 172, 176,
192, 193, 202, 203,
208, 219
Fifth Cell, The
1947—277
Fifth Congress of the
Comintern
1953 — 49
Fifth Congress of Youth
1948 — 351
Fifth World Festival of
Youth and Students
1957 — 128
Fight
1948—98, 124, 225, 366
1949 — 387
Fight Against War and
Facism, The
1953 — 174
Fight Thought Control
1948—58
Fighting Words
1948—193
Files, James Ray
1948—352
Files, Mary
1948 — 16
Fillmore Club
1955 — 404
Film and Photo League
1948 — 237, 238, 247
1949-308, 312
1959 — 137
Film Audiences
1949 — 309
Film Audiences for
Democracy
1948—52, 167, 193, 238
1949 — 286, 309
Film Editor (Local 776)
1947 — 177
Film Front
194S — 138
Film Neios
1948 — 225
1949 — 387
Film Survey
1948 — 167, 238
Films for Democracy
1948—167, 193, 238, 239,
248, 341
1949 — 286, 309
1953—172
272
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Film Technician
1947 — 67
Film Teclmicians,
Local 683, I.A.T.S.B.,
AFL
1949 — 419
Finch, Verdia
1948 — 203
Findley, Warren G.
1953 — 153
Fine, C. W.
1948 — 333
Fine, Charles
194S — 163
Fine, Sylvia
194S— 210
Fineberg Law
1951 — 43
Fineman, Harold
1948 — 339
Fineman, Irving
1947 — 96
Fink, Werner
1948—205
Finkelstein, Sidney
1949 — 481, 489, 500, 503,
508, 516, 519, 523,
525, 529, 530, 535,
536, 537
Finkelstein, Ted
1947 — 211
1951 — 77, 229, 230
Finn, Aubrey
1947 — 186
Finn, Pauline Lauber
1945 — 116
1947 — 54, 55, 97, 179, ISG,
187, 242
1948 — 260, 309
1949 — 436
1951 — 57, 58, 59, 255
1955 — 444, 446
Finney, E. K.
1949 — 437
Finnish-American Mutual
Aid Society
1949 — 466
Finnish Communist Party
1949 — 172
Finnish Communist Party
(See Communist Party
of Finland)
Finnish Federation
1948—224
1949 — 309, 386
Finnish Women's Club (of
Massachusetts)
1949 — 309
Finnish Workers' Clubs
1949—309
Fiore, Anthony S.
1943 — 284, 304
Firemen's Union
1947 — 161
Firestone, Bernie
194S — 179
Firestone, Fred
1955 — 389
Firestone, Nina
1955 — 389
First Aid Employees, Local
767
1947—177
First American Delegation
to U.S.S.R.
1949 — 530
First American Fire Ins.
Co. of New York
1949 — 256
First Congress of INIexican
and Spanish-American
Peoples
1948 — 166
1949—453
First Congress of the Com-
munist International
1953 — 47
Fust Five Years, The
1957^132
First Indo-Soviet
Cultural Congress
1953 — 233
First International
1945 — 82
1949—203
First Presbyterian Church
(Los Angeles)
1948 — 280
First State-wide Emergency
Legislative Conference
1949 — 309
First State-wide Legislative
Conference
1949 — 435
First Unitarian Church of
Los Angeles
1948 — 115, 160, 231, 280,
338, S44, 350, 353
1949—460
1951 — 276, 286
1953—101
1955 — 292, 293, 294, 321,
327, 329, 333, 334,
335, 337, 348, 361,
388
First United States Con-
gress Against War
1948 — 150
1949 — 269, 272, 275, 278,
324, 329, 336, 367,
368
First World Youth Congress
1948 — 180
Fischer
1949 — 161
Fisciier, Charles H.
1951 — 154, 155
Fischer, Harold H.
1947 — 88
1948 — 35S
Fischer, Louis
1943 — 19
1949 — 546
Fischer, Ivlarjorie
1945 — 127
1948 — 389
Fischer, Lt. S. M.
1959 — 176
F.I.S.E. (See World Fed-
eration of Teachers)
Fishbaugh, Earl C, Jr.
1949 — 601, 608
Fisher, Mr.
1947 — 204
Fisher, Alice
1948 — 161
Fisher, Arthur
1948 — 265, 273
Fisher, Charles
1948 — 299
Fisher, Clyde
1948 — 248
Fisher, Dorothy Canfleld
1918 — 109, 199, 228, 278,
330 389
1949 — 457i 488, 499, 505,
506, 507, 509, 510,
522, 530, 531, 537
1953 — 151, 152. 171
Fisher, Eugene
1948 — 355
Fisher, G. W.
1948 — 16
1949 — 601
Fisher, Hans
1948 — 378
Fislier, Prof. Harold M.
1948 — 144
Fisher, H. H.
1948 — 328, 352, 377
Fisher, Helen M.
1948 — 271
1949 — 469
Fisher, Hence
1948 — 195
1949 — 437
Fisher, Henry
1947—151, 163, 164
1949 — 691, 690
Fisher, Prof. Irving
1948 — 271, 327
1949 — 468
Fisher, Jacob
1948 — 299, 300.
Fisher, Louis
1949 — 92
Fislier, Rachel
1948 — 299, 300
Fi.sher, Ruth
1948 — 179
Fisher, Vardis
1948—248
Fisherman, Ida
1955 — 389
Fislierman, Meyer
1955 — S89
Fishermens Union
1959 — 94
Fishier, Beatrice
1948 — 146
Fishman, Wallace
1948 — 94
1949 — 554
Fiske, Loring
1955^442, 443
Fiske, Vocha
1947 — 73
Fitelson, William
1948—238
Fitzbutler, James
1949 — 557
Fitzgerald, Albert J.
1945 — 148
Fitzgerald, Alfred J.
1953^187
Fitzgerald, Edward
1959 — 172, 173, 174
Fitzgerald, Edward J.
1959 — 173
Fitzgerald, Frank
1947—78, 80
1949 — 424
Fitzpatrick, Thomas, Jr.
1948 — 13
Five Over Club
1949 — 438
Five Year Plan
1949 — 19, 87
Fizdale, Thomas
1948—254, 279
Flamholtz. J. A.
1955 — 409
Flamm, Irvan B.
1949 — 530
Flamm, Irving H.
1949 — 481, 489, 500, 514,
534, 537
Flanagan, Hallie
1943 — 135, 146, 147
1948 — 199, 278
1953 — 151
Flanagan, John
1948 — 330
Flanigan, Alan
1955 — 387
Planner, Charlotte
1948 — 185
1953 — 259
Flanner, Hildegarde
1948 — 341
Flanner, John
1948 — 94
1949 — 554
INDKX
273
Flannory, Harry W.
1945 — 15, 17
Flasher, Jack, Dr.
1955 — 139, 140, 141, 149,
170, 171, 172, 173,
174, 203, 293, 305,
306, 310, 317, 3S0
Flato, Charles
1959 — 173, 175
Flatte, Mrs. Gertrude
1947—71
1949 — 422
Flaxer, Abraham
1945 — 148, 157, 158
1947 — 219
Flaxer, Abrani
1948—111, 114, 151,
168, 176, 196, 2
211, 328, 350, 3
375, 380, 381, 3
194 9 — 688
1951 — 59, 60, 92, 93, 2
270, 275, 276, 2
287
1953—3, 64, 125, 127, 128,
130, 131, 140, 171,
172, 176, 245, 280,
281
1959 — 54, 55
Flaxer v. United States
1959-193
Fledderus, Mary L.
194S — 228
1949 — 458
Fleinert, Martha
1948 — 184
Fleischinger, Stefan (see
also Nelson, Steve)
1951 — 236
Fleisher, Sidney
1948 — 240
Fleishhacker, Mrs.
Mortimer, Jr.
1948 — 144
Fleishman, Stanley
1951 — 267
Fleishman, Sylvia
1949 — 428, 433
Fleming, Dema Jane
1943—356, 366
Fleming, James A.
1948 — 16
Flepsie, Carol
1948 — 179
Fletclier, Allan L.
1948—226, 343
Fletcher, Charles D.
1949 — 179
Fletcher, Jess
1949 — 455
Fletcher, Rev. Joseph F.
1948 — 322
1949 — 481, 489, 500, 504,
507, 512, 513, 514,
518, 520, 530, 531
Fliegol, Edward
1948 — 94
1949—554
Flippin, Mr. and Mrs.
Robert B.
1948—194
Flores, Angel
1945 — 126
Flores, Luis Diaz
1948 — 375
Florinsky, Michael T.
1943 — 218
Florists Association of
San Francisco
1943 — 288
Flory, Ishmael P.
1948 — 93
Fluellen, Joel
1948 — 356
Flynn, Elizabeth Gurley
1947—227
1948—97, 200, 202, 213,
226, 228, 230, 232,
247, 266, 328, 348,
351, 352, 390
1949 — 108, 143, 144, 189,
291, 300, 306, 449,
451, 457, 458, 523
1951-60, 93, 264, 284,
286
1953 — 72, 174, 175
5^95 Y 3
1959 — 124, 125, 188, 210
Flynn "Tim"
1949 — 475
Focus on Youth
1948 — 183
1949 — 387, 561
Foerster, Prof. Frederick
Wilhelm
1949—481
Fogarty, Pat
1947—90
Fogg, Katharine
1948—113
Foisie, Frank P.
1943—176, 192
Foley Square Trial
1951 — 67, 263, 265
Folk Arts of New China
1957—134, 135
Folks, Homer
1948 — 324
Follman, Norah
19 43 — 138
Folsom, Franklin
1948 — 141, 189, 359
Folsom, Prank (see also
Oppenheimer, Dr. J.
Frank)
1951 — 234
Folsom, Prof. Joseph K.
1949 — 481
Fonda, Henry
1948 — 210
Foner, Morris
1948—179
Foner, Philip
1948—179
1949 — 429
Fong, B. S.
1948 — 144
Fontaine, Joan
1948 — 254, 255
Fontaine, Robert
1945 — 44
Food, Tobacco and Agri-
cultural Workers of
America
1948 — 38, 76, 212
1949 — 476, 677
1955 — 50
Foote, Mary
1948 — 343
Foote, Michael, M. P.
1951 — 279
For a Lasting Peace, for a
People's Democracy
1949 — 99, 101, 106, 125,
127, 128, 193, 223,
224, 388, 490, 616,
617
195 3 — 23 9
For Peace in Asia, the
Pacific Regions of the
World
1957 — 138
For the Rescue of Refugees
1948 — 368, 166
For Use of Strike Welfare
Committees Only
1955—274
For Whom the Bell Tolls
1948 — 100
Forbes-Robertson, Diana
1948—234
"Forced Labor in Soviet
Union"
1949—654
Ford
1957—80
Ford, Mr.
1947 — 304
Ford, Ford Maddox
1948 — 274
1949 — 471
Ford Foundation
1953—207
1955 — 332, 455
Ford, James W.
1943—115
1948-153, 244, 245, 26G,
386
1949 — 177, 295, 341, 454,
521
1953—175, 241
Ford, John Anson
1947—185, 186
1948—109, 239, 244
1949—435, 595
1953—128
Ford, Robert
1948 — 94
1949 — 554
Ford, Hon. Thomas
1947 — 185
1948_114, 181, 351
Forde, Dr. Welles
1947—239
1948—355 _ .
Fordham Law Review
1949—27
Fordham University
1949—96
ForeiEjn Affairs
1049 — 15 ^ .,
Foreign Ministers Council
1949 — 44
ForeiEin Policy Association
1947—314
1949 — 15
Foreign Policy of Nazis
1943—222, 223
Foreiqn Policy of the
Soviet Union, The
1949—31
Foreman, Carl
1948—316, 373
F%T9-45'i'''m. 489. 500,
^^^503, 500, 512. 514,
519, 525, 529
Foreman, Leon
1948—203 o^„ntp
Foreword to U. S. Senate
Subcommittee on In-
ternal Secxirity Hearing
1953—122 .
Forman, Harrison
1948—198
Forrest, Mr.
^ 1948_220, 221
Forrest, Jini
1948—214
Forsyth, Margaret
1948—151
Forsyth, Robert (see
Kyle Crichton)
1948 — 168
Fort Jay, Second Service
Command
1959—103
Fortier, Lillian b.
1951—280 . .
Fortieth Club Communist
Party
1948 — 259
Fortmucller v. Commis-
sioner of Immigration
1949 — 246
274
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Fortnightly Club, American
UnitarianTouth, Brooli-
lyn, X. Y.
1948 — 339
Fortson, Jack
1953 — 259
Fortune Survey of Public
Opinion
1949 — 661
Fort-"VMiitman, Lovett
1948 — 266
1949 — 177, ISO
Forty-fourth Street Book
Fair
1949—450
Fasburgh, Francis
1945 — 148
Fosdick, Rev. Harry
Emerson
1948—109, 319
Foss, Bertha Josselyn
1948 — 327
Foss, Lukas
1949 — 481, 489
Foster, Dorothy
1953 — 79, 92, 120, 121
Foster, Joe
1947 — 183
1948 — 268
1949 — 464
Foster, Paul D., Dr.
1955 — 76
Foster, Robert Geib
1947 — 324, 325, 329, 332,
342, 344, 345, 353
Foster, William Z.
1943 — 24, 27, 35, 36, 171
1945—88, 119
1947 — 9, 12, 30, 31, 37, 218,
227, 259, 267
1948 — 9, 29, 53, 107, 132,
145, 147, 153, 176,
212, 220, 221, 226,
244-247, 266, 343,
357 359
1949—1, 84, 95, 96, 97, 99,
105, 108, 112, 117,
119, 124, 128, 129,
133, 134, 143, 145,
159, 160, 164, 174,
177, 178, 180, 185,
186, 188, 190, 191,
196, 197, 198, 199,
215, 223, 230, 231,
237, 276, 278, 327,
342, 344, 363, 364,
442, 451, 467, 487,
521, 613, 617, 618,
621, 626, 632, 704,
1591
1951 — 20, 21, 94, 153, 190,
261
1953 — 58, 59, 61, 63, 66,
69, 70, 71, 136, 137,
138, 140, 152, 157,
158, 164, 175, 195,
198, 238
1955—73, 80, 89, 90, 382,
391, 399
1957 — 75, 80
1959 — 18, 23, 24, 42, 43,
90, 91. 92, 93, 151,
181, 182, 185
Fougerouse, John
1948 — 287
Foundations of LcniniSiU
1948 — 29
1949 — 25, 190, 192
Founding of the First
International
1949 — 191
Four Continent Book Corp.
1948 — 49, 214
1949 — 310, 463, 548
Four Hundred Million
1948 — 247
Fourier, Cliarles
1945 — 71
Fourteen Booklets
1957 — 140
Fourteenth Amendment
1959—197
Fourth American Writers'
Congress
1948—102, 246
1949 — 467
Fourth Annual Writers'
Congress
1949 — 420
Fourth Congress of the
Communist
International
1948—265
1953 — 48
Fourth Congress of the
League of American
W'riters
1948—275
Fourth International
1957 — 90
Fourth National Convention
of the Communist Party
1948 — 142
Fourth World Congress
1953 — 49
Foutz. Dave
1948 — 279
1949 — 691, 696
Fowler, Cody (President,
American Bar Associa-
tion)
1951 — 67
Fowlks, Louis
1947—79
1949 — 424
Fox, Clara
1951 — 267
1955 — 389, 392
Fox, David
1947 — 211
Fox, Ernest
1949 — 451
Fox. Irving David
1951 — 72, 75, 76, 77, 78,
79, 81, 82, 89, 175,
228, 229, 230, 233,
234
Fox, Jack
1951 — 267
1955 — 389, 392
Fox, Luba
1943—134, 145
Fox, Mary
1948 — 179
Fox, Ralph
1949 — 191
Fox. Sidney
1949 — 481
Fraenkel. Osmond K.
1948 — 109, 200, 265, 270,
327, 331, 351
1949 — 541
1951 — 263
Fraina, Louis C.
1949 — 177, 401
Fram. Faiga
1943 — 126
Frame-Up
1953 — 190
France
1943 — 221
France Nouvelle
1949 — 171
Franchi, Davida Corey
1943 — 133, 134
Franchi, Fred
1943 — 129, 130, 132, 135-
137, 142, 145
Francis, Bella
1949 — 428, 433
Francis, Charles
1957—28
Francis, P.
1949 — 179
Francis, Willard Hall
194S — 177
1951 — 286
Franco
1948 — 218, 318
1949 — 420
1951 — 47, 258, 273
Franco Must Go
1948 — 217
Frank, Justin, Dr.
1955 — 208
Frank, Melvin
1948 — 210, 211
Frank, Nelson
1949 — 551
Frank, Richard
1951 — 96
Frank, Waldo
1945 — 121, 122, 123, 126,
127
1948 — 96, 132, 143, 179,
194, 244, 245, 266,
270, 273, 328, 338,
352
1949 — 471
1951 — 272. 286
Franke, Willard E.
1943—356, 376, 377
Frankel, J. Allen
194.3 — 125, 158
1948 — 266, 332
1949 — 542
1951 — 267
1955 — 390
1959 — 128
Frankel, Jack
1955 — 388
Frankenstein, Alfred
1948 — 317
Frankenstein, Mr. and Mrs.
194S — 194
Frankfeld
1949 — 325
Frankfurter, Felix
1959 — 150
Franklin. Beniamin
1947 — 363, 364
Franklin, Francis
194S — 186, 196
1949 — 562
Franklin, Harold
1948 — 263
1949 — 696, 697
Franklin High School, Los
Angeles
1955 — 425
Franklin Institute
1947 — 363
Franklin. Prof. Mitchell
1948 — 271
1949 — 468
Franklin v. Nat C. Goldston
Agency
195 5 — 56
Franklin. Paul
1945 — 116, 117
1948 — 251
195.5 — 446
Franks, Barney
1947 — 152
Frantz, Laurent B.
1955 — 384
Franz Boas Lodge of the
International Workers
Order in Los Angeles
1948 — 158
Franzbleau, S.
1955 — 389
Franzbleau, Mrs. S.
1955 — 389
Fraternal Outlook
1948 — 49, 225
1949 — 388, 467, 545
INDEX
275
Fratis, J. Bi-uce
1951 — 264
Frazier, E. Franklin
1948 — 181, 351
Frazier, Elizabeth P.
1949—481, 500, 509, 513,
521, 530
Frazier, Lynn J.
1948—196, 248
Frederick Engcls
1951 — 153
Frederics, Van
1948—215
Free German Committee of
Mexico
1948 — 119
Free Indonesian Committee
1948 — 218
Free Italy Society
1948 — 241, 259
1949—310
Free Polish Committee
1949—10
Free Press Publishing Corp.
1949 — 548
Free World Association
1947 — 190
Freed, Emil
1943 — 135, 159, 160
1948—214, 223, 343, 384
Freed, Morris
1951—267
Freed, Rose
1951 — 267
Freedom of the Press, Inc.
1949 — 545
Freedom from Fear
Committee
1948 — 35, 61, 239-241
1949 — 310, 630
Freedom Train
1948—110, 202
1949 — 673
Freeman, Elizabeth
1948 — 358, 359
Freeman, Prank N.
1948—320
Freeman, Prof. Frank S.
1949 — 481, 510
Freeman, Harry
1948 — ^270, 328
Freeman, James
1951—196
Freeman, Jean
1948—146
Freeman, Joseph
1945 — 119, 121, 122, 126,
194, 244, 273,
'" 389
127
1948—151,
278, 333,
1949 — 471
Freeman, Martha
1948 — 185
1949 — 561
Freeman, Tex
1947 — 71
1949 — 422
Frees. Ben, Dr.
1955—114, 115, 116, 117,
123. 126, 132, 211
Freiberger, Fred
1948 — 356
Freidhofer, Hugo
1947 — 73
1948 — 317
Freiheit
1948 — 49, 157, 242, 392
1949—388, 393, 467
1951 — 201
1953—63
Freitag, Elmer
1943 — 53
1949 — 93
French Commune
1945—82
French Communist Party
1947 — 25, 29
1949 — 94, 133, 158, 165,
170-174
French Communist Party
Congress
1953 — 232
French Friends of the
Chinese People
1948 — 144
French Sardine Companj-
1948 — 268
French, Will
1953 — 151
Fresco, David
1948 — 356
Freskin, Alex
1948—214
Fresno Bee
1948 — 14
1949 — 9
Fresno State College
1959 — 212
Freud, Ralph
1945 — 115, 116, 131
Friday
1948—225, 342
1953 — 131
Friday Morning Club
1953 — 101
Frieda, Morris
1955 — 388
Frieden, Evelyn
1953 — 277, 282
Frieden, Mayer
1953 — 259, 277, 278, 280,
282
Frieden, Meyer
1947 — 71
1948 — 184, 185, 188, 190
1949 — 422, 561, 563, 688
Friedenrich, David
1948 — 216
Friedenthal, Isadore
1948—184
Friedman, Bob
1948—226
Friedman, Gustave
1947 — 89
1940 — 425
Friedman, Julian
1959 — 172
Friedman, Max Bernard
1951 — 78, 79, 228, 229, 230,
233, 234
Friedman v. Schivellenback
1949 — 572
Friends of New Germany
1943 — 225
Friends of Progress
1943—256, 260, 261, 266,
272
1949 — 576
1951 — 3
Friends of Soviet Russia
1947 — 313
1948—65. 142, 169, 242-
244, 267, 357, 376
1949 — 310, 311, 402, 412,
463
1959 — 137
Friends of the Abraham
Lincoln Brigade
1948 — 35, 48, 66, 93. 147,
157, 196, 197, 244,
382
1949 — .310, 454, 501, 546,
553, 556
1953 — 272
1955 — 88
1959 — 20, 137
Friends of the Campus
1948 — 186
1949—311, 562
174
111,
Friends of the Chinese
People
1948 — 143
1949 — 311, 384, 563
Friends of the German-
American
1949 — 450
Friends of the Soviet Union ;
see also National Coun-
cil of American-Soviet
Friendship
1943 — 119
1947-313, 314
1948 — 35, 65, 123, 145, 169,
192, 196, 244, 246,
247, 321, 322, 324,
366
1949 — 274, 276, 284, 310,
311, 337, 403, 412,
533, 537
1951 — 286
1953 — 175
1959 — 137
Frisselle S. Parker
1948 — 16
Pritchman, Rev. Stephen H.
1948 — 114, 115, 181, 198,
200, 208, 211, 241,
271, 318, 328, 344,
350-353
1949 — 146, 449, 451, 468,
632-634, 688
1951 — 276, 280
1953—131, 172, 173,
1955—99, 109, 110,
112, 191, 195, 196,
306, 326, 327, 329,
333, 335, 337, 344,
363, 383, 388, 390
1959—184
Fritz, Mrs. Bernadine
1948-256
Fritz, Gerald
1948-356
Fritzbutler, James
1948 — 378
From 1916 to March 1917
1949 — 192
From Socialism to Com-
mimism in the Soviet
Union
1949—192
From Spring 1918 to
Spring 1919
1949 — 192
From the Bourgeois to the
Proletarian Revolution
1949 — 191
Fromkin, Vicki Landish ; see
also Landish, Vicki
1951 — 24, 25, 31, 32, 33
1953 — 284
Front Organizations
1943 — 101, 102
Frontier Films
1947 — 189, 209
1948 — 52, 96, 129, 247, 370
371
1949 — 312
Frontier Magazine
1955—185, 336, 337, 359,
361, 383, 384
1959 — 186
Frost, C. F.
1948^343
Frost, Callie
1953 — 282
Frost, Dr. Lowell
1948 — 109
Frost, Mrs. Lowell C.
1948 — 109, 277, 278
Frunze Military Academy
1953 — 229
1959 — 119
1955—15, 23, 31, 34, 35,
36
276
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Fry, Mrs. Lesie
1943 — 259
Fry, Percival
1943—130, 137
Fry, Varian
194S — ^333
Fuchik, Julian
1951—145, 146, 14S
Fuchs Case
1957 — 80
1959—188
Fuchs, Daniel
1945—127
Fuchs, Dr. Klaus
1951— SO, 90, 175
1953 — 211
Fuchs, Klaus
1955—401
Fuerbach
1953—9
Fugler, Merton
1955 — 24
Fugii, Shugi
1943 — 154
Fuhr, Lini
1949—546
Fuji, Shugi
1951 — 278
Fullbris:ht Award
1959-75
Fulton, Kenneth
1947 — 186, 239
1948 — 279, 355
Function of Culture, The
1948—311
Fund for the Republic
1959 — 58, 59, 87
Fund Raising: Speaker
1948—217
Fundamental Problems of
Marxistn
1949—191
Fundamental of Marxism
1949 — 190
Funk, John
1947—94
Funn, Dorothy K.
1949 — 546
Funt, Dorothy
1948 — 227
Fur Workers Joint Council
1949 — 286
Fur Workers Union
1959 — 94
Furman, Julius
1943 — 60
Furman, IMaxine
1943 — 60
194S — 314, 317
Furness, Lillian
1948 — 151, 277
Furniture Workers of
American, Local 256
1951—267
Furniture Workers Union
1959 — 94
Furriers LTnion
1949 — 302
Fuss, Oscar
1943 — 60, 144, 207,
213, 214, 217
1945 — 148, 182, 193
1947 — 47, 70, 101, 236
1948 — 375, 383
1949 — 421
Gable, Harris
1948—372
Gabrielson, John
1948 — 377
Gadar News
1953 — 222
211,
Gadar Party
1953 — 214, 215, 217, 218,
219, 220, 222, 223,
227, 229, 231, 232,
241, 242, 243, 244,
245, 246, 272
Gadar Party, California
1953 — 2, 214, 216, 219, 220,
224, 225, 240
Gadar Party, Hindustan
1953—2, 216
Gadar Party, Indian
1953 — 221
Gadar Party, Panama
1953 — 222
Gaer, Joseph
1949 — 481, 500, 514, 515,
516, 536
Gaeth, Arthur
1949 — 481, 483, 500, 515,
516, 519
Gag, Wanda
1948 — 151, 189, 248, 322,
328, 352, 389
Gage, Loren
1943^145, 147
1948 — 356
Gailmor, William S.
1948 — 131, 263
Gainer, Morris
1949 — 488, 449
Gaither Report
1959—201
Galat, Shirley
1949—596
Galdieri, Christine
1943 — 284, 308
Galena Defense Committee
1948 — 34
1949 — 312, 453
Galens, General
1949—104
Galileo
1955—106, 107
Gallacher, William
1953 — 241
Gallager, Margolis,
McTernihan and Tyre
1948 — 177
1951 — 285
Gallagher, Edward D.
194S— 268, 358, 359
1949—464
Gallagher, Leo
1943—125, 210, 217
1945 — 139, 141, 182, 193
1947 — 47, 64, 65, 70, 74,
77, 170, 188, 221,
248, 249
194S — 56, 113, 116,
153, 165, 194,
215, 244, 254,
267, 272, 308,
328, 344, 346,
358, 359, 390
1949 — 146, 329, 330, 361,
417, 421, 423, 449,
451, 542, 688, 691
1951—93, 248, 255, 259,
260, 265
1953 — 172, 175
1959 — 99, 115,
124, 127, 128
Gallagher, Mae
1951 — 230
Gallery, Duncan
1947 — 90
Gallin, Leo
1947—54, 55
Gallion, Dr. Arthur B.
1948—171
Gallo
1949—555
Gallo, John
1948 — 186, 188
1949—562, 563
148,
201,
265-
322,
352,
121, 123,
Galloway, Marry
1955—388
Gallowav, Mary
1955—390
Gallup, Dr. George
1949—661, 6G5
Galvan v. Press
1955—61
Galvin, Jack
1947 — 306
Galvin, Joe
1948 — 2S7
Gambs, James J.
1948-16
1949 — 601
Gamboa, Fernando
1951 — 273
Ganahl, Herbert
1943 — 217
194.'^ — 182
1948 — 375
1949 — 6SS
Gandall, Matt
1948 — 355
Gandhi, Mahatnia
1953 — 225
Gang. Kopp & Tyre
1955—444
Gang, Martin
1955—444
Ganley, Nat
1948 — 212
1949 — 547
Cannes, Harry
1948 — 266, 273
Gannett, Betty
1948 — 213
1949 — 618
Gannett, Lewis S.
1948 — 145, 170, 247, 24S
387
Gannon, Chester F.
1948 — 16
1949 — 702
Gannon, William
1943 — 37
Gans, A.
1948 — 273
Gantt, Dr. W. Horsley
1948 — 322, 328, 352
Ganz. Dr. Rudolph
1948 — 271, 311, 317, 325
1949 — 468
Gaorwitch, Joseph
1951 — 286
Garaudy, Roger
1947 — 106
Garber, Daniel
1948 — 330
Garcia, Dr. Fabian
1943—124
Garcia, Rev. Juan
1948—185
Garcia, Marshall
1948 — 94
1949 — 554
Gerdcn Grove Neirs
1955 — 24, 35
Gardner, Ava
1948 — 210
Gardner, Betty
1955 — 383
Gardner, Cleve
1947 — 295
Gardner, Gene
1948 — 184
1949 — 561
Gardner, Harold
1948 — 177
1951 — 286
Gardner, John
1949 — 437
Gardner, Joseph
1948—151
INDEX
277
Gardner, Leslie
1948 — 177
1951 — 286
Gardner, Lois
1955 — 391
Gardner, Louis
1955 — 112, 391
Gardner, Malcolm
1948 — 280
Gardner, Philip
1943 — 60, 93
1948—268
1949 — 464
Gardner, Sam
194S — 141, 170
Gardner, Virginia
1948—13, 177, 249, 260,
340, 342, 344, 345
1949—688
1955 — 136
Garfield
1949 — 629
Garfield, Fannie
1947 — 89, 91
1949—425
Garfield, John
1947—179, 190, 239
1948 — 198, 240, 251, 255,
358, 382
1949—688
Garfield, Jules
194S — 96, 97, 151, 377
Garibaldi American
Fraternal Society
1949—466
Garland, Charles
1948 — 145
Garland Fund
1948 — 246, 247, 336, 357
1949 — 276, 287, 297, 312,
355, 369, 395, 396
1951—261
1953 — 63
Garland, Gordon
1953—129
Garland, James A.
1948—145
Garland, Walter
1948 — 378
1949—109, 556, 557
Garlin, Sender
1947 — 117
1948 — 102, 266
1949 — 631
1955—304
Garment Workers Union
1949 — 476
Garn, Dr. Don C.
1948—16
Garner v. Board of Public
Works
1955 — 62
Garrett, Betty
1948 — 356
Garriga, Miguel
1948 — 151, 244
Garrigues, Charles H.
1943 — 151, 153, 156, 158,
169
Garrison Films
1948 — 247, 248
Garrison Films Distributors,
Inc.
1948—247
1949—312
Garrison III, Mrs. William
Boyd
1948 — 181
Garry, Charles
1948—163
1959 — 124
Garrv, Charles R.
1955 — 403, 404
1959—133, 134
Gartner, Irvin
1948—355
Gartz, Kate Crane
1943—60, 266. 269
1948—109, 116, 151, 152,
160, 328, 352, 358,
359
Garvanza Methodist
Church (Los Angeles)
1948 — 280, 339
Garvey, Marcus
1948 — 333
Garvin, Stella
1948—227
Gas and Chemical Workers
Union
1959 — 94
Caspar, Walter
1948—16
Gaspary, Vera
1948 — 357
Gastonia Textile Strike
1959—122
Gates, Dr. Caleb F.
1948 — 322
Gates, John
1948—94, 212, 213
1949—108, 144, 179, 487,
492, 545, 553
1951 — 269
1959—43, 180
Gates, Katherine
1949 — 596
Gatewood, Ernestine
1953 — 248, 266, 267
Gatov, Paul D.
1948—146, 149
Gatov, Mrs. Paul D.
1948 — 146, 149
Gaulden, Rose
1948 — 212
Gauss, Dean Christian
1948—322, 324
Gautt, Kathryn
1948—259
Gavron, Joseph
1955 — 391
Gayle, Mrs. Margaret
1948—163
Gayle, Rosalie
1955—391
Gaylord, Donald F.
1948 — 377
Gaynor, Gus
1948—185
Gaynor, James A.
1947 — 202
Geballe, Ronald
1951 — 229
Gebert, Bill
1948 — 385
1949 — 414
Gebert, Boleslaw
1951 — 283, 284
1955 — 44
Geddes, Virgil
1948 — 238, 278, 389
Geder, Billy
1947 — 204
Geer, Will
1949—481, 488, 489, 500
501, 508, 513, 515
516, 519, 520, 52i:
522, 530, 535
1951—271
Geisingei', Fern
1947 — 117
Geist, Jack
1948 — 339
Geisz, Henry W.
1948 — 386
Gelders, Joseph S.
1948 — 122
1949—336
Gelders, Louis
1949 — 481
1951—271
Gelhorn
1955 — 308
Gelhorn, Walter
1959 — 49, 84
Gelhorn, Dr. Walter
1951—201, 263
1953—177
Gelhorn, Mrs. Walter
1953—172, 174
Gellert, Hugo
1948—108, 189, 194, 270,
328
Gellhorn, Martha
1948 — 389
Gellhorn, Walter
1948—109, 331, 341
1949—541
Gelsey, Irwin
1948-210
General Electric
1957—17
General Strike of 1934
1943 — 178
Genser, Joseph
1955 — 432
Geneva School of Inter-
national Studies
1957 — 89
George, Mrs.
1949 — 646, 647
George, Ashwell Bureau
1943 — 359, 373
George, Daisy
1948 — 228
1949 — 458
George, Miss Grace
1949 — 602
George, Harrison
1945 — 96, 87
1947—247
1948 — 07, 176, 266, 342
1949—178
1951—172, 238
1953—174, 175
1955—44
George, Julia C.
1947 — 78
1949 — 424
George, Paul
1948 — 383
George Washington
Battalion
1948 — 93
George Washington
Carver School
1949 — 312, 453, 455
Georgian v. Uhl
1949 — 249
Gerasimov
1953—234
Gerasimov, Sergei A.
1949 — 494, 497
Gerber, Aaron T.
1948—377
Gerber, Serril
1948 — 179
Gerber, Serrill Leonard
1955—420, 421
Gerbert, Boleslaw
1948— 32G
1949 — 540, 545
Gerbode, Mrs. Frank
1948—194
Gerbode, Martha
1947—89, 93
Gerhard,
1949—677
Gerlach, Anthony
1948 — 268
1949 — 464
Gerlach, Fred
1948—339
Gerlach, Taletha
1951—278
278
UN-AMERICAN ACTIVITIES IN CALIFORNIA
German- American
1948 — 225
1949 — 388, 450
German-American Alliance
J943 242
1947 — 44, 246, 254, 260
German-American Bund
1943 — 10, 225, 227, 228,
235, 254, 256, 383
1948 — 74, 349, 351
1949 — 90, 296, 550, 702
1951 — 212
1955—421, 422
1959—48, 139, 145
German-American Labor
Council
1949—312, 450
German Foreign Office
1945 — 17
German Ideology, The
1949 — 191
German Nazi Bund
1945—5
German Republic
1943 — 218
Germany
1951 — 197, 212
Gershwin, George
1948—238
Gershwin, Ira
1948 — 211, 251, 252, 317,
358
1955 — 457
Gershwin, Mrs. Ira
1948 — 14, 97, 255, 277,
278
Gerson, Simon
1953 — 282
Gerson, Simon W.
1949 — 179, 295, 312, 454,
524
1959 — 42, 43, 176
Gerson (Simon W.)
Supporters
1949 — 312
Gerson, Dr. T. Percival
1948 — 170, 358, 359
Gerson Supporters
1948—34
Gerstein, Evelyn
1948 — 278
Gerstein, Rev. Dr. Louis C.
1949—481
Gerth, Ruth
1947 — 94
Gervasi, Mrs. Frank
1948 — 168
Gervin, Gloria
1948 — 184
1949—561
Gesange, Sarein
1948—392
Gesas, Dr. Arnold
1948—227
Gessner, Robert
1948 — 97
Gestapo
1943 — 220
1951 — 43, 170
1959 — 178
Gettings, William
1947—96
Geyer, Lee
1955 — 426
Geyer, Lee B.
1948 — 244, 351
Ghioldi, Rodolfo
1949—181
Ghosh
1953 — 234
Gianera, Rev. William C.
1953 — 133
Giani, Teja Singh
1953—221
Gianinni, Louis M.
1951 — 73
Gibb, Helen Freeland
1959—184
Gibbens, C. M.
1947—241
1949 — 436
1955 — 453
Gibbons, Ed
1947—50
1949 — 602, 614, 637, 645
1951 — 245, 254
Gibbons, H. J.
1948 — 320
Gibbons, John
1949 — 181
Gibbs, Dorothy
1948—356
Gibbs, Helen Freeland
1953 — 252
Gibbs, Isobel
1948 — 356
Gibney, Sheridan
1945 — 116
1948 — 210, 211, 251, 276,
374
1951 — 53
1955 — 457, 458
Gibson, Chief Justice
1955—51
Gibson, Clarence
1947 — 239
Gibson, Julie
1948—183, 356
Gide, Andre
1949 — 552
Gideon's Dirty Linen
1957 — 28
Gideonse, Dr. Harry B.
1951 — 10
Gideonse, Dr. Harry D.
1959 — 53, 54
Gidlow, Elsa
1948 — 4-7, 193, 358
Giedt, Warren H.
1959—82.
Giermanski, Katherine
1949 — 546
Giffey, Arthur
1947 — 156, 157
Gifford, E. W.
1947—88, 93
1949—425
Giggins, Oltey
1948 — 343
Gilbert and Sullivan
1955 — 228
Gilbert, Ed
1945 — 139
Gilbert, Mrs. Ester
1948 — 200
Gilbert, Jane
1948 — 343
Gilbert, Jody
1948 — 97, 356
Gilbert, Leatrice Joy
1949—481
Gilbert, Louise
1947 — 89
1949 — 425
Giles, Barbara
1948 — 340
1949 — 481, 4S9, 500, 506,
508, 516, 517, 525,
529, 536, 537
Giles, Gertrude
1955—428
Gilhausen, Harry
1947 — 71
Gilhausen, Howard
1947 — 72
1949 — 422
Gilien, Ted
1947 — 73
1949—428, 432
1955-315, 316
Gilien, Dr. John
1949 — 483
Gillert, Huga
1948 — 266
Gillmor, Ann
1953 — 171
Gillmor, Dan
1948 — 141, 327
1949 — 491
Gillmore, Frank
1948 — 181
Gilluly, Dr. James
1948 — 171
Gilman, Bervl
1948 — 196'
Gilman, James W.
1948 — 95
Gilpin, DeWitt
1949 — 547
Gilson, Ed
1943—382
Gilwarg, Esther
1948 — 228
1949 — 458
Gimbel, Mrs. Elinor S.
1948 — 113, 168, 227, 230
1949 — 449, 456, 459
Ginsberg, M.
1955 — 389
Ginsburg, Dr. H. M.
1948 — 16
Giordano, Dr. Modesto
1943 — 284, 302, 303
Giovannie, Don
1948 — 356
Gitlin, M.
1955 — 389
Gitlow, Benjamin
1943 — 19, 36
1948 — 10, 243, 247, 266,
357
1949—62, 157, 161, 172,
177, 178, 298, 439,
450, 608
1951—11, 12
1953 — 175
1959 — 183
Gitlow V. New York
1949 — 253, 566, 568, 570,
579
1953 — 180
Gitt, Josiah W.
1949 — 481, 489, 500, 514,
532
Gittell, Dr.
1947 — 264
Giulii, Nicolai
1953 — SO
Gius, Cyril H.
1955 — 406, 407, 408, 409
Giviagda Poparna
1949-181
Gladstein, Anderson, Res-
ner, and Sawyer
1951 — 29, 135, 161
Gladstein, Grossman, Mar-
golis, & Sawyer
1955 — 49, 50
Gladstein, Grossman, Saw-
yer & Edises
1955 — 50
Gladstein, Richard
1947 — 149, 151, 164, 165,
1948—8, 209, 215, 281,
299, 332
1949—542, 688
1951—135, 161. 260, 264
1953 — 254, 259, 263, 265,
266, 267, 269, 270,
274
1959—124, 129, 130, 132,
134, 155
Gladstein, Mrs. Richard
1947—164
INDEX
279
Gladstone, Charles
1947—73
1948 — 62, 209
1949 — 470, 688
Glantz, Lrieb
1947 — 96
Glas Noroda
1948 — 269
1949—181
Glaser, Eda
1959—176
Glasg-ow University School
of Medicine
1951 — 164
Glass, Dr. Charles H.
1948 — 16
Glass, Mrs. Joseph
1948—146
Glass, Lester
1948—278
Glasser, Albert
1948 — 317
Glasser Case
19.59 — 188
Glasser, Harold
1959 — 172, 173, 174
Glassford, R. B.
1945 — 119
Glassman, Sidney
1959—175, 176
Glazer, Pearl
1948—184
1949 — 561
Glazer, Tom
1948 — 392
Gleason, James
1948 — 254
Gleason, Leverett L.
1948—132
1949—549
Gleason, Lucille
1948—277, 278
Gleason, Mrs. Russell
1948 — 251
Gleichman, Haskell (Hack)
1943 — 108
1948 — 220
Glendale Police Department
1955 — 104
Glendale Sanitarium and
Hospital
1955 — 98
Glenn, Albert B.
1948-95
Glenn, Charlie
1955 — 298
Glenn, Elaine
1955—298, 302
Glenn, Elizabeth Leech
1947 — 34. 35. 36, 302
Gley, Charles E.
1948 — 162
Glezos, Manolis
1949 — 523
Glick, Robert H.
1948—279
Glicksman
1951 — 48
Glicksman, Jerzy
1957 — 62
Glinski, Blanche
1949—546
Glinsky, Vincent
1949 — 481, 500, 505, 530
Glisbv, Julieanna
1949 — 596
Gloecker, Jacob
1943 — 382
Glos Ludouy
1948—225
1949 — 124, 179, 181, 388,
467, 545
Glover, Edmond
1948 — 356
Gluck, Alma
1948—311
Glynn, Charles
1948 — 356
Goarwitch, Joseph
1948 — 177
Goberman, Max
1949 — 481, 489, 500, 513
Goddard, Howard
1948 — 94. 233
1949 — 554
Goddard, Paulette
1948 — 210, 250
Godfrey, Katherine
1948 — 378
1949 — 557
Godfrey, Yvonne
1949 — 547
Godowsky, Leopold
1948—311
Goebbels, Dr.
1943—220
1949—61
Goeffrion, Victor
1948 — 311
Goetschius, Dr. Percy
1948 — 311
Goff, Irving:
1948 — 213
1949 — 556
Goff, Robert
1947—89, 91
1949 — 425
Gog'gin, Richard
1947 — 241
1949 — 436
Gold, Bela
1959 — 172, 173, 175
Gold, Ben
1945 — 147
1948—107, 151, 194, 196,
200, 244, 248, 324,
328, 351, 352
1949 — 105, 277, 302, 545,
647
1951 — 56, 275, 276, 281
1953 — 63, 131, 172, 173,
176, 241
Gold Case
1959 — 188
Gold, Harry
1951 — 90, 175
Gold, Dr. Herman
1948 — 353
Gold, Michael
1945 — 119, 121, 126
1947 — 68, 106
1948—97, 117, 151, 194,
226, 245, 270, 273,
278. 338, 392
1949 — 178, 377, 420, 471,
545
1953 — 139, 175
Goldberg-, Anya
1948—279
Goldberg, Arthur
1951 — 267
Goldberg, B. Z.
1948 — 196, 323
1949—538
Goldberg, Freda
1948 — 277
Goldberg, Jay
1948—210
Goldberg, Lena
1951 — 267
Goldberg, Leo
1947 — 179
1948 — 198
Goldberg, Leon
1947 — 191
Goldblatt, Harry
1955—225
Goldblatt, Louis
1943^-93, 114
1947 — 84, 163
1948 — 160, 200, 249, 328
351, 352, 390
1949—688
1951—255
1959—23, 109
Goldburg, Jesse J.
1948 — 210
Golden Book of American
Friendship With the
Soviet Union
1948 — 65, 169, 248, 366
1949 — 313, 412, 533
Golden, Clinton S.
1948 — 247, 320
Golden, Mark
1957—103
Goldenberg, Harold
1948 — 215
Goldenberg, Sybil
1949 — 561
Goldfarb, Sidney
1955 — 303, 304
Goldfrank, Herbert
1948—246, 261, 340
Goldin, Pauline
1955—391
Goldman, Ben
1948-375
Goldman, Bess
1948 — 146
Goldman. Harold
1948—310
1955 — 455
Goldman, Irving
1959 — 55, 174
Goldman, Sol
1948 — 352
Goldner, Dr. Sanford
1948 — 170, 177, 231
1949 — 422, 424, 428, 432,
434, 438, 460
1951 — 57, 255, 286
1955 — 383, 390
Goldring, Benjamin
1948—201
Goldschmidt, Dr. Alfonso
1948 — 248
Goldsmith, Cornelia
1948 — 227
1949 — 456
Goldsmith, James
1947 — 96
Goldsmith. Leonard
1948 — 162
Goldstein, Mrs. Bessie
1948 — 146
Goldstein, Rabbi Herbert S.
1949 — 481, 530
Goldstein, Jack
1948 — 94
1949 — 554
Goldstein, Rabbi Sidney B.
1948 — 181, 193
Goldstone, Nat
1947 — 239
Golla, Louis
1947—90
Golland, Sam
1955 — 389
Gollobin, Ira
1948 — 318
Golobin, Ira
1951 — 278
Golschmann, Vladimir
194S — 317
1949 — 481
Golstein, Dr.
1955 — 315
Goltz, Bill
1955 3S9
Goltz, William L.
194S — 344
1951 — 267
Gomberg, Frances Adams
1948 — 357
Gomez, Antonie
1948 — 94
1949 — 554
280
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Gomez, Manuel
1948 — 106, 143, 173
1949—177, 471
Gomulka, Wladyslaw
1949 — 33, 124
Gonnick, Louis
1948 — 220
Gonzalles, Isabella
1949 — 548, 625
Gonzales-Monroy, Jaime
1945—195
1948 — 146, 202, 375
Good Soldier, A
1943—264
Goodbye Christ
1945 — 119
1948—353
Goodlaw, Dr. E. I.
1948 — 344
Goodlaw, Dr. Edward
1955 — 290, 304, 391
Goodlet, Carelton
1947 — 89, 91
1948 — 216
1949 — 425, 438
Goodley, l\Irs. William
1948 — 355
Goodman, Ben
1943 — 135, 145
1948 — 210, 317
Goodman, Booth B.
1943-189, 176, 192, 193
Goodman, Mrs. Gertrude
1948—14
Goodman, Harriette
1948 — 185
1949 — 561
Goodman, Irvin
1948 — 265, 266
Goodman, Jack
1948 — 377
Goodman, Morris
1948—203
1951-280
Goodman, Rosalie
1951 — 280
Goodman, Sayde K.
1947—98
1948-203
Goodman, Dr. Sidney
1955 — 107, 367
Goodrich, Francis
1947 — 239
1948 — 355
Goodsell, Willystine, Dr.
1948 — 199
1951—92, 93
1953 — 151, 171, 172, 176,
280, 281
Goodson, Murray
1949—542
Goold, Rev. Arthur T.
1948 — 392
Goolsby, A. B.
1948-62
1949—470
Goorwitch, Joseph, Dr.
1951 — 267
Goo.sner, Helen
1951 — 267
Goossens, Eugen
1948—317
Gorbacheff, Theodore
1947—89, 91
1949—425
1953—252
Gordis, Robert
1948 — 320, 321
1949 — 500, 509
Gordon, Aaron
1947—96
Gordon, Dr. Asher
1948 — 216
Gordon, Bernard
1948—374
Gordon, Clark
1948 — 356
Gordon, David A.
1953—119, 140
Gordon, Eugene
1945 — 121
1948—194, 266, 273
1949 — 471
Gordon, Senator Frank L.
1947—4, 328, 372
Gordon Henrietta L.
1949—481, 500, 530
Gordon, Irving
1949 — 428, 433
Gordon, Joel
1959 — 173, 176
Gordon, Louis
194S — 196
Gordon, Max
1948 — 343
Gordon, Michael
1948—104, 210, 276
Gordon, Miriam
1949 — 179
Gordon, R. A.
1948 — 328, 352
Gordon, S.
Gordon, Dr. Wilbert Z.
(Same as Wilbur)
1955-98
Gordon, Dr. Wilbur Z.
(Same as Wilbert)
1955 — 241, 242, 243, 244,
245, 246, 247, 248,
249, 250, 251, 252,
288, 367, 370, 372,
374, 390
1959 — 125
Gorham, Thelma Thurston
1947-89
1949 — 425
Gordon, William
1943 — 145
Gordon, Dr. William Z.
1951 — 267
Gorelick, Esther
1955 — 389
Gorelick, Mordecai
1948 — 238, 276, 278, 378
Gorenfeld, Abraham
1955 — 423
Oorin, B. S.
1943 — 60
Gorki, Maxim
1945 — 119
1948 — 266
1949 — 377
Gorky, Mr.
1947 — 106
Gorlich
1948—203
Gorman, Francis J.
194S — 179, 244, 248, 333
Gorman, John
194S — 337
Gorman, Stella
1948^337
Gorney, Jay
1948—97, 189, 215, 256,
317
1949 — 481, 489, 500, 503,
504, 530
1951—271
Gorney, Sondra
1947—72
1948—3 43
Gorodnitzkv, Sascha
1948 — 311
Goshal, Kumar
1959—185
Goshnl, Kumor
1947—83
Gosman, MoUie
1955 — 391
Gostin, Irwin
1948 — 184
1949—561
Gotham, C. W.
1949 — 437
Gottesman, Frederick A.
1948 — 259
Gottlieb, Dorothy
1948 — 228, 230
1949 — 458
Gottlieb, Harry
1949 — 481, 500, 505
Gottlieb, Louis E.
1953 — 249, 277, 279, 280
Gottlieb, Victor
1948 — 317
Gottwald, Klement
(Clement)
1948 — 66
1949 — 100, 110
1953 — 136
Gough, Llovd
1948 — 356
1953 — 104
Goularte, Angle
1947 — 244
Gould, Barbara
1948 — 188
1949 — 563
Gould, Kenneth M.
1948 — 196
Gould, Morton
1948 — 240, 317
1949 — 481, 483, 490, 494,
500, 501, 504, 506,
514, 515, 516, 522,
530 532
Gould, Thomas G.
1947 — 96
Goiizenko Case
1957 — 80
1959 — 188
Gouzenko, Igor
1947 — 30, 214, 216, 310
1949 — 95, 654,
1953 — 55
1955 — 393, 401
Government Printing Office
1959 — 89, 121
Governor's Island
1959—103
Governor's Office
1959—26
Gow, Esther Allen
1948 — 328
Gow, James
1947 — 106
1949 — 481, 490, 500, 501.
503, 506, 515, 522,
526, 529, 532, 534,
535
Gowen, Emmett
1948 — 389
GPU
1949 — 645
Grabel, Terry
1948 — 186
1949 — 562
Grace, John G.
1947 — 94
Grachew, Alexander P.
1948 — 171
Grad, David
1949 — 383
Gradv, John G.
1945 — 18
Graef, Hugo
1948 — 3S4, 385
1949—318
Grafe, Paul
1945 — IS
Graff, Fred
1948—356
INDEX
281
Graham, Charles
1949 — 481, 490, 500, 512,
514
Graham, Dr. Frank P.
194S— 114, 151, 199, 319,
334, 335
Graham, Garrett
194S — 374
Graham, Jack
1948 — 339
Graham, John A.
1948—16
Graham, Lee
1948—356
Graham, Dr. Malbone
1948—171
Graham, Martha
1948 — 310
Graham, Shirley
1949 — 481, 483, 490, 491,
500, 501, 509, 514,
515, 516, 517, 518,
519, 522, 523, 525,
526, 527, 535, 536
Grajdanzev, Andrew
1959 — 175
Granata, Lillian
in 4 c 259
Grandall, Sgt. William
1959—176
Grange
1949—437
Granger, Lester
1948 — 193, 375
Granich, Max
1948 — 198, 270
Grant, Alfred
1943 — 145
Grant, Ann
1951 — 267
Grant, David
1948 — 186, 214
1949 — 383, 563
1951 — 267
Grant, Howard
1948 — 249
Grant, Samuel A.
1948 — 94
1949 — 554
Granville, Amelia
1949 — 437
Graphic Arts Workshop
1949 — 425, 434
Gratch, Libby
1947 — 90
Grattan, C. Harley
1948 — 196
Grau, Gilbert
1948—317
Graubard, Dr. Mark
1959 — 45, 46
Grauer, Ben
1948 — 263
Grauman, Jacob
1959 — 173, 174, 176
Graves, Elsa
1948 — 187
1949 — 563
Graves, Mortimer
1948 — 169, 170, 324
1949 — 412
Graves, William S.
1948 — 170, 248
Grawoig', Shirley
1948 — 184
Grav, George
1953 — 259
Gray, Herman A.
1948 — 331
1949—541
Grav, Mrs. Mabel
19'49 — 438
Grav, Rose Marie
1948 — 220
Gray, Shirley
1949—542
Graze, Stanley
1959 — 172, 174, 176
Great Britain
1943—220
Great Conspiracy Against
Russia. The
1948 — 326
J94 9 539
Great Globe Itself. The
1949 — 654
Great Madness, The
1948 — 245
Great Pretense
1957 — 97
Great Retreat, The
1949 — 654
Great San Francisco
General Strike, The
1945 — 150
Great Swindle, The
1953 — 188
Greater Boston Committee
for the Boycott of Jap-
anese Goods
1948 — 115
Greater Boston Peace Strike
Coinmittee
1948 — 334, 335
Greater Germany
1943 — 221
Greater New York Commit-
tee for Employment
1949 — 313
Greater New York Emer-
gency Committee Con-
ference on Inalienable
Rights
1947 — 210
1948—61,
319,
1949 — 313,
122,
112, 121,
320, 334
440, 452, 507
Greater New York Emer-
gency Conference on
Inalienable Rights
1953 — 176
Grebanier, Dr. Bernard
1951—10
Greece
1943 — 221
Greek-American Committee
for National Unity
1949—313
Greek-American Committee
for the Defense of the
Rights of Foreign-Born
1955 — 388
Greek-American Council
1949 — 274. 313
Greek -A in eric an Tribune
1949 — 467
Green
1957 — 80
Green, Abner
1953 — 279
Green, Archie
1947 — 89
1949—425
Green, Betty McGregor
1949 — 561
Green, Buddy
1948 — 214
Green, Dave
1949 — 545
Green. E. P.
1953 — 175
Green, Elizabeth
1948 — 339
Green. Frank
1947—71, 241, 303
1948 — 63
19491-422, 435, 470
Green, Gil
1948—181, 182, 212
1949—145, 177, 560
Green, Gilbert
1951 — 183
1953—71, 174, 198
Green, Howard J.
1948 — 255
Green, J. T.
1948 — 259
Green, John
1948—248, 251, 252, 255,
257, 310, 317
Green, Mark
1948 — 16
Green, Paul
1948 — 261
1949 — 172
Green, Mr. and Mrs. R<jbei I
Miller
1948—182, 184, 185
1949—560
Green, Sidney
1953 — 79, 86, 87, 88, 89,
90, 91, 98, 100, lOV,
121, 124, 125
Green, Stuart
1947—203
Green, William
1947 — 87
Greenbaum, Betty
1948 — 214
1949—463
Greenbaum, Isidore
1948 — 214
1949 — 463
Greenbaum, Morris
1948 — 261
1949 — 463
Greenbaum, Pearl
1943 — 145
Greenberg, Annette
1953 — 283
Greenberg, Bob
1948 — 340
Greenberg, Carl (L. A.
Examiner)
1948 — 332
1949—542
Greenberg, Dr. Fred
1948 — 344
Greenberg, Jack
1943 — 60
1948 — 332
1949—542
Greenberg, Joseph
1955 — 389
Greenberg, Rabbi Leonard
1955 — 390
Greenberg, Michael
1959 — 172
Greenberg, Robert
1953—278
Greenberg, Simon
1948—320, 321
Greenburg, Jack Carl
1948 — 332
1949—542
Greene, Audrey M.
1955 — 391
Greene, E. P.
1948 — 198
Greenfield, Alice
1948 — 375
Greenfield, E. C.
1948—383 _ . ^
Greenfield, Rabbi Ernest E.
1948 — 198
Greenhill, Jack
1948 — 279
Greenhoot, Bob
1948 — 357
Greenschpoon, Kate
1948 — 170
Greenslet, Ferris
1948—330
Greenspahn, Lou
1955 — 446
282
UX-AMERICAN ACTR'ITIES IX CALIFORNIA
Greenwich Village Civil
Rights Congress
1949 — 446
Greenwich Village Mass
Meeting for Peace
194S— 392
Greenwood, Frank
1951 — 29
Greenwood, Jeanette
1951—229
Greer, Rev. Owen M.
194S — 241
Gregaric, Almon
194S — 94
1949 — 554
Gregg. Bishop J. A.
194S — 201
1949 — 449
Gregg. Joseph
1959 — 174
Gregg. Ulvsses
1953 — 112
Gregoric. Nick
1947 — S9, 91
1949 — 425. 429, 431
Gregorv, Horace
1945 — 119, 121, 126
1948 — 248, 270, 273
1949 — 471
Gregory, Todd
1948 — 311, 312
Gregory, Mrs. TVarren
1948 — 145
Gregovich, Lee
1943 — 60
Grenell, Horace
1948 — 270, 392
Grennard. Eleanor
1948 — 146, 148
1949—688
Grennard. Elliott
1947—73
1948 — 148
1949 — 688
Grev. Shirley
1947—72
Gribben, Vincent C.
1957 — 142
Griffev, Arthur A.
1947 — 155
1948 — 8, 281, 282
Griffin. Dr. Edna L.
1955 — 383
Griffin, .Jacnueline
2953 ^^55
Griffin. Kathleen
1948 — 185, 195
Griffin, Noah
1947 — 241
1949 — 435
Griffith. D. "W.
1949 — 552
Griffith, Dr. Edward F.
1947 — 355
Griffith, Kittv : see also
Stewart, Kitty Griffith
1951 — 206
Griffith, Lawrence R.
1943 — 250. 251, 258, 260
Griffith. Thomas L.
1947—96
1948 — 254
Grijalva, Mrs. Bebe
1955 — 383
Griner, Don
1947—151
Grissell, Bob
1947 — 239
Griswold, Dean Erwin
1959 — 1S8, 197
Griswold. Dr.
1957 — 45, 46
Grobstein, Mrs. A. J.
1948—279
523,
533,
537
, 272
174,
Grobstein, B.
1947—185
Grobstein, Harry
1947 — 239
Grommet. Alice
1955—391
Gromyko, Andrei
1948 — 177, 353
1949 — 48, 107
1951 — 286
Gromyko, Xenia
1948 — 177
1951 — 286
Gropper, ilrs. Sophie
1948 — 227
1949 — 456
Gropper, TVilliam
1945 — 119
1947 — 183
1948 — 97, 132, 141, 151,
159, 163, 168, 176,
189, 196, 208, 248,
261, 270, 310. 340,
353
1949 — 467, 481, 486, 488,
490, 498, 501, 505,
506, 508, 509, 510.
513, 514, 516, 517,
520, 521, 522,
525, 528, 530,
534, 535, 536,
1951 — 58. 60, 235, 271,
1953 — 132, 172, 173,
175
Grosbauer, Leslie A.
1948—4, 5, 7
Gross. Chaim
1949—481, 500, 504, 505,
509, 514, 530, 535,
536, 537
Gross. Eddie
1948 — 343
Gross, Milton
1951 — 229
Grossman, Aubrey
(Mr. and INIrs.)
1943—60, 86, 99, 176
1947—78. 83. 92, 100, 103,
104, 189, 211, 212,
221, 227, 255,
194S — 147, 213,
332, 377
1949 — 147, 424, 542,
691, 692
1951 — 263, 264
1955 — 327. 328
Grossman, Aubrev
1959—124, 129, 130, 131,
132, 134
Grossman. IMrs. Foley
1948—151
Grossman, Hazel
1947—78, 79. S3, 84, 89-
92, 100, 104, 211
194S — 236, 343
1949 — 424-426, 429, 430,
432
1951 — 277
Grossman, Hyman
1949 — 464
Grossman, Jack
1955-389
Grossman, Mrs. Jack
1955 — 389
Groth, Alexander
1947—72
1948-177
Groth. Alexandria
1951 — 286
Groth, John
1948 — 196
Grotz, Paul
1949 — 481
256
236, 265,
688,
Group Theater
1948 — 52, 105
1949—314
Group Theatre
1959—110
Grove. John
1951 — 230
Grover, Bertha
1948 — 220
Grover, Bob
1948 — 220
Groza, Petru
1949—116, 117
Gruen, Eddie
1943 — S5
Gruen, Sonia
1959 — 176
Gruenberg, Louis
1948 — 330
Gruenberg, Maurice
1948 — 356
Gruenberg, Mrs. Sidonie M.
1948^227, 228
1949 — 456, 458, 481, 489,
500, 505, 513, 531
Gruening, Ernest
1948 — 247
Gruilow, Leo
1948 — 326
1949 — 540
Grumet, Donna and Leonard
1949 — 429, 430
Grundfast, Leo
1948 — 184
Grunsfeld. Ernest A.. Jr.
1949 — 481, 500, 504, 509,
512, 518
Grutman, David
1947 — 185
Gruver, Ada
1949 — 596
Gsovski, Vladimir
1943 — 29. 31
Guerard, Albert
1959 — 184
Guerard, Dr. Albert
1948 — 216
Guerrin, Judge Arthur
1^5 9 — 9 9
Guggenheim Jet Propulsion
Center
1957 — 130
Guggenheimer, Mrs. J. C.
1948 — 266
Gugler, Eric
1948 — 330
Guidera, Mathew G.
1943 — 61, 77, 176-178, 180,
1S2, 184, 185, 188
Guiding Light Bureau
1943 — 373
Guido. Musto
1943 — 302
Guild Bulletin, The
1948 — 128
Guilford, Jack
1949—481, 490, 500, 504,
513, 514, 515, 523,
532
Guinier, Ewart G.
1948 — 339
1949 — 449
Guinea Pigs No More
1943—103
Gukowskv L.
1948 — 268
1949 — 464
Gulotta, Frances
1948—188
1949 — 563
Gundlach, Dr. Ralph
1957—11
INDEX
283
Gundlach, Prof. Ralph H.
1948 — 328, 377
1951 — 56, GO, 93, 97, 101,
153, 154, 158, 159,
KiO, 231, 272, 275,
281
1953 — 139, 172, 176, 201,
204, 205, 206, 256,
280, 281
Gundorov, Lt. Gen.
Alexander
1949—413
Gunther, Blair F.
1949 — 414
Gurev, Lucille
1955 — 421
Gurllain, Robert
1957 — 126
Gurmulvli Singh
1953 — 223, 244
Gusick, Jon
194S — 356
Gussey, S.
1949 — 172
Gustafson, Mrs. C. V.
1948—277
Gustafson, Elton
1959 — 55
Gutekunst, George
1947 — 152, 103-165
Guthrie, Andrew
1951 — 229, 230
Guthrie, Woody
1948 — 343, 392
1949—548
Guyler, Alvin R.
1948 — 375
Guyot, Raymond
1949—173
Gvorak, Mic
1948 — 269
Gwathmey, Robert
1949 — 481, 490, 500, 503,
505, 508, 514, 517,
519, 522, 525, 527,
529, 534, 535, 536,
537
Gyssling, Dr. George
1943 — 239
1945 — 12
H
H. J. Heinz Company
1959 — 134
H.O.G. (Armenian Group)
1949 — 315
Haas, Lillian
1955—300
Haas, Nell
1953 — 125, 126
Hacker, Louis
1948 — 179
Hackett, Albert
1947 — 179, 191
Hackett, Frances
1947—179
Hadsell, Miss Geraldine
1948 — 16
Hagberg, Gene
1943 — 61, 63, 225, 230, 231
Hagedorn, H.
1948—230
Hageman, B. I.
1959 — 104
Hagen, Uta — see also
Ferrer, Uta Hagen
1948—210
1949—48, 489, 490, 500,
502, 504, 505, 508,
514, 515, 524, 529,
531, 534, 535
1951 — 271, 272, 275, 280,
281
Haggerty, (Regent, U. C.)
1951 — 74
Haggerty, C. J.
1947—80
Hague, Al
1948 — 311, 313
Hahn, Mr.
1955 — 106
Hahn, (Dean, U. C. L. A.)
1951 — 113, 114, 116
Hahn, Milton E.
1957—5, 8, 9, 13, 14, 16-
30, 116, lis
Hahn, Whittier
1948 — 220
Ilaieg, Al
1943 — 167
Halberstadt, Ernst
1949 — 481
Halberstadt, Milton
1947 — 89, 91
1948 — 425
Haldane Club
1947 — 41
1951 — 86
Haldane, J. B. S.
1949 — 181
Hale, Annie Riley
194S — 358, 359
Hale, Gus
1948—212
Hale, Richard
1948 — 356
Hale, Robert L.
1948 — 265
Halich, S.
1955 — 389
Hall, David
1949—481
Hall, Golda
1947 — 89
1948 — 425
Hall, Gus
1949 — 145
1959 — 151
Hall, Martin
1948 — 357
1955 — 176, 177, 178, 179,
180, 181, 182, 184,
185, 186, 292, 294,
306, 323, 326, 340,
341, 353, 361, 362,
384, 387
1959 — 125
Hall, Otto
1949 — 177, 180
Hall, R. A.
1948 — 5
Hall, Rob
1957 — 78, 80
Hall, Robert F.
1948 — 233, 343
1949 — 119, 545
Hall, Robin
1948 — 5, 7
Hall, Ruth Anna
1955 — 177
Hall, Sidney
1948 — 4, 5
Hall, Dr. Victor
1948—185
Hall-Gardner Bureau
1943 — 360, 373
Hallas, G.
1955 — 389
Hallgren, Mauritz
1945 — 127
Halliday, John
1948 — 356
Hailing, Bjorne
1947 — 90
Halloran, .John
1943 — 168-169
Halper, Albert
1948 — 248, 274
1949 — 471
Halperin, Maurice
1959—172, 174
Halpern, Ida
1951 — 286
Ilalpern, Ray
1948 — 220
Halpert, Ruth
1947 — 72
llalprin, Anna
19 47 — 179
Ualprin, Leahn J.
1947 — 179
llalprin, M. A.
1947—179, 239
1948 — 355
Halsey, Margaret
1949 — 481, 500, 506, 509,
510, 514, 516, 517
Hama, Carl
1947—77
1949 — 423
Hamburg, Alice
1953 — 248, 249, 250, 251,
252, 253, 255, 259,
276, 280, 2S2
Hamburg, Mr. and Mrs. Sam
1948 — 194
Hamilton, Dr. A. J.
1947 — 352
Hamilton, Bob
1948—185
1949—561
Hamilton, James Shelley
1948 — 278
Hamilton, Maynard
1948 — 106, 160
Hamlett, Dr. Howard
1948 — 344
Hamlin, Prof. Talbot
1949 — 481, 500, 525, 530
Hamline University
1957—16
Hammer, Al
1955 — 338
Hammer, Alain
1948—356
Hammer, Arthur
1948 — 17
Hammer, Lou
1948—17
Hammerstein, Eugene
1951—119
Hammerstein, Oscar
1948 — 240, 241, 250, 256,
263, 392
1949—543
Hammett, Dashiel
1945 — 128
1947—313
1948—96,
97, 113,
141,
163,
200, 226,
234,
239,
244, 248,
310,
327, 328, 351, 377,
391
1949 — 146, 448, 449, 456,
481, 490, 498, 502,
506, 507, 508, 509,
510, 511, 512, 517,
519, 523, 525, 688
1951—56, 58, 60, 92, 93,
264, 271, 272, 275
1953—171, 172, 174, 176,
280, 281
Hammett, J. W., Jr.
1948 — 339
Hammond, John
1948 — 311
Hammond, John, Jr.
1948 — 392
1949 — 548
Hammond, Marion
1948 — 215
Hammond, Rev. P. W.
1948 — 377
Hampton, Ray
1943—322
284
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Han, Dr. Yu-Shen
1943 — 322, 324, 338
Hanchett, Clara
1947 — 90
Hanck, Ethel
1953 — 259
Hancock
1955—199
Hancock, Hershel
194S — 259
Hancock, Patrick
1955—402, 403
Hancock, Patrick Thomas
1959—203
Hancock v. Burns
1959—203-206
Hancock, Walker
1948—330
Hand, Learned
1948 — 324
Handbook of Marxism
1949—78, 191
Handelman, Howard
1955—284
Handelsman, Wm. D.
1948 — 282, 292
Handler, Ada
1949—423
Handy Dorothy
1948^377
Hanlon, Bert
1948 — 356
Haiiman, Bert
1943—37-39, 61
Hanman. Bert L.
1951—102, 104, 127, 137,
164, 165, 166, 167,
168
Hanns, Eisler Branch
1948 — 224
Hanoff, Elmer
1943 — 37
Hansborough, Ray
1948 — 213
Hansen, Colonel
1949 — 555
Hansome, Marius
1953 — 153
Hanson, (Regent U. C.)
1951 — 79
Hanson, Clarence M.
1949 — 596
Hanson, Joe
1943 — 39
Hanson, Howard
1948 — 311, 317, 390, 391
Harbans Singh
1953 — 223
Harbor General Hospital
1955 — 98
Harburg, E. Y.
1948 — 116, 202, 251, 252,
254, 258, 279, 330,
392
1949 — 481, 484, 490, 500,
509, 510, 512, 513,
514, 515, 518, 527,
531, 543, 688
1951 — 53, 271, 280
Harby Councilman
1949—611, 612
Hardgrove, Robert
1948—195
Harding, John
1951—230
Hardy, George
1947 — 79, 90
1948 — 249
Hardy, Howard
1948 — 233
Hardy, Jack
1948 — 270
1949 — 179
Hardyman, Hugh
1948 — 109, 116
1949—688
1951 — 280, 281
1959 — 185
Hardyman, Susan J.
1948 — 177
1951 — 286
Hare, Marie
1948 — 317
Hares, Gladys
1947 — 89, 91
1948 — 425
Hariet Tubman Communist
Party Club
1948 — 214
Harisiades, Peter
1948 — 204
1949 — 109
Harkavy, Minna
1948 — 261
1949 — 481, 487, 488, 499,
501, 504, 505, 510,
514, 515, 520, 521,
522, 523, 530, 532,
534, 535, 537
Harkbeck, Hubert
1953 — 153
Harknes, Mr.
1947 — 364
Harkness, Prof. Georgia
1949 — 481, 500, 518, 531,
532
Harkness, Henry O.
1949 — 437
Harlan, Hugh
1943 — 139, 150
Harley, Dr. J. Eugene
1948 — 171
Harlow, S. Ralph
1948 — 248
Harman, Rose
1943 — 217
1945—182
Harnden Exp. Co.
1949 — 253
Harnish, Charlotte
1948 — 375
Harop, Louis
1947 — 237
1948 — 119
Harper, Prof. Fowler
1955 — 314, 315
Harper, Mrs. Fowler V.
1955 — 316
Harper, Manley H.
1953 — 153
Harpers
1957 — 106
1959 — 54
Harriman, Mrs. Borden
1948 — 322, 324
Harrington, James
1945—71
Harrington, Hal
1949—437
Harris, Al
1947 — 146, 158
1948 — 285, 300, 308
Harris, Daniel
1947 — 77
1948 — 436
Harris, Ed and Mrs.
1947 — 77
1948 — 146
1949—423
Harris, Franklin E.
1948-248
Harris, Prof. Frederick P.
1949 — 481
Harris, Judge George
1951 — 179
Harris, Gerald, Sr.
1948—162
Harris, Harvey
1948 — 17
Harris, Herb
1943 — 128
Harris, Jack Sargeant
1959 — 174, 176
Harris, Janet
194S — 281
Harris, Jed
1948—188
Harris, Joe
1947—151, 163
1948—285
Harris, John L.
1947 — 12, 171, 172
Harris, Lem
1948 — 213, 244, 333
1949 — 189
Harris, Mrs. Lawrence
1948 — 144
Harris, Lement
1949 — 456
Harris, Lou
1947—239
Harris, Louise
1947 — 185
194S — 251, 255
Harris, Milton
1948—146
Harris, Roy
194S— 311, 330, 357
1949 — 511, 514, 523, 528,
530
Harris, Dr. Roy E.
1949 — 481, 490, 500, 504,
509
Harris, Thomas L.
1947—72, 89
1948 — 170, 171, 322, 323,
357
1949—425, 538
Harris, Vera
1948 — 249, 310
Harrison, Caleb
1948 — 242
Harrison, Chas. Yale
1945—119
Harrison, Gilbert
1953 — 101
Harrison, Heber Glen
1955 — 424, 425
Harrison, Michael
1949 — 428, 432
Harrison, Pauline
1948 — 179
Harrison Senior High
School, New York
1953—271
Harrison, Shelby M.
1949 — 481, 500
Harrison, Wm.
1948-163
1949 — 547
Harry Bridges
194S — 133
Harry Bridges Defense
Committee
1948—96, 147, 248, 253
1949 — 314
1953 — 280
Harry Bridges Victory
Committee
1948—56
1949 — 314
Harry Carlisle Defense
Fund
1955 — 389
Harry's Barbecue Drive-in
1948—343
Hart, Henry
1945 — 121, 126, 127
1948—194, 244
Hart, Henry Hersch
1955 — 452
Hart, Marian
1948—194
1949 — 549
INDEX
285
Hart, Moss
1948—210, 240, 241, 262,
322
Hart, Pearl M.
1948—93, 95, 114, 211,
226, 265, 272, 328,
332 377
1949—481; 488, 490, 499,
502, 504, 506, 508,
512, 514, 517, 518,
541
Harte, Robert
1953—41
Hartford, Claire
1949 — 428, 434
Hartford, Ken
1947 — 96
Hartford, Kenneth
1949 — 42S, 432
1959 — 125
Hartford, Kenneth (Ken)
1955 — 112, 198, 199, 200,
201, 202, 203, 204,
205, 269, 306, 309,
312, 316, 367, 383
Hartley, Walter E.
1948—171
Hartman, Arthur
1948—311
Hartman, Bishop Lewis
1948—115
Hartman, Don
1948 — 251, 255
Hartman, Jacob W.
1948 — 142
Hartman, Paul
1951 — 287
Hartung, Frank E.
1949 — 481, 500, 536
Harvard Department of
Pediatrics
1955 — 107
Harvard Medical School
1955—151, 160
Harvard University
1948 — 100
1949 — 476, 495
1959 — 53
Harvard University, Gradu-
ate School of Education
1953—151
Harvard University, Law
School
1959—188, 197
Harvard University,
President of
1951 — 67
Harvath, Ralph
1948—306
Harvey, Arthur J.
1949 — 449
Harvey, George
1945 — 148
1948—312, 314
Harvey, John
1951 — 193, 196
Harvey, Ken
1948 — 356
Harwavne, Francis
1953—282
Harwayne, Martin
1953—277, 279, 282
Hashimoto, Kuyohi
1943—350
Hasiwar, Henry E.
1948—13, 337
Haskell, Dr. Harold
1947 — 239
1948—355
Haskell, Oliver
1948 — 151
1953—91, 105, 106
Hass. George
1948—221
Hasscll, Carolyn
1948—185
1949 — 501
Hassid, Professor, and
Mrs. W. Z.
1948 — 194
Hassier, Mr. and Mrs. John
1948 — 194
Hastings College of Law
1948 — 95
1951—264
Hatchard, Chas.
1948 — 377
Hathaway
1951—9
Hathaway, Clarence
1953—172, 174, 175, 241
Hathaway, Clarence A.
1945 — 121
1947—68
1948—97, 151, 176, 181,
194, 244, 245, 266,
333
1949—178, 180, 365, 420
Hathaway, Henry
1949—437
Hathaway, Marion
1948 — 271, 278, 328, 375
1949 — 488, 490, 504. 512
Hathway, Profe.ssor Marion
1949 — 468, 481, 499, 509
Hatkin, Mrs. Dora
1948 — 146
Haufrect, Herbert
1948 — 392
Haushofer, Dr. Karl
1955 — 400
Havil, John
1948 — 215
Havenner, Frank R.
1947 — 89, 93
Hawaii Civil Liberties
Committee
1949—314
Hawaii Civil Rights
Congress
1955 — 388
Hawaiian Constrxictors
1945 — 7, 19-27
Hawaiian Islands Commu-
nist Party, Secretary
1951—196
Hawes, Bess
1948—392
Hawes, Elizabeth
1948 — 327
Hawkins, Augustus F.,
Assemblyman
1949 — 421, 424, 436, 478,
557, 688
1951—255
Hawkins, Professor David
1949—481
Hawkins, Rev. Elder G.
1949 — 481, 500, 503, 508,
509, 519
Hawley, Betty
1948 — 226
Haws, Elizabeth
1948 — 226
Hawthorne, Richard
1955—305
Hax, May
1948—5
Hav, Harry
1949—428, 542
Havden, Holden
1955 — 402, 403
1959 — 203
Havden, Sterling
1948 — 211
Havdon, A. Eustace
1949— 5R2
Hayes, Alfred
1948—274
1949 — 471
Hayes, Arthur Garfield
1953—172, 175
Hayes, Ellen
1948 — 260
Hayes, Rev. G. L.
1955—111
Hayes, Helen
1948—263
Hayes, Dr. J. H.
1948 — 202
Hayford, Jane L.
1949—481
Haynes, Jackson
1948 — 94
1949—554
Haynie, Annie
1949—437
Hays, Aline Davis
1948 — 114, 163, 277, 278
328, 359
Hays, Arthur Garfield
1948—96, 107, 109, 110,
199, 201, 228, 240
249, 270
1951—56
Hays, Mrs. Arthur Garfield
1949 — 457
Hays, Lee
1948 — 392
1949 — 543, 548
Hays, Mary
1948 — 343
Hayward, Mr. and Mrs.
George
1948—194
1949 — 424. 437
Hayward, George
1947 — 78, 79
1949 — 424, 437
Haywood, Bill (William D.)
1949 — 177, 182
Hayworth, Rita
1948 — 210. 251, 255, 375
Hazard, Gail
1947 — 89. 91
1949 — 425
Health and Hygiene
1948 — 225
1949 — 388
Henlv, Don R.
1943 — 53. 162
1947 — 169
1948 — 106, 152, 160, 249,
272
1949 — 93, 146, 688
1951 — 255
Healv. Mrs. Don
1943 — 86
Healv, Dorothy
1947 — 23, 26, 28, 71, 96,
115, 129, 138, 221,
227
1948 — 7, 213, 235, 272,
384
1949 — 146, 422, 688, 692
1951—28, 253
1953—208
Healy, Dorothv (Healey)
1955—298, 330, 354, 360,
363
Healey, Dorothy R.
1959—27, 41, 99, 181, 182,
209
Hear About the U. Fl. S. R.
1948—102
Heariiiffs
1943—6
Hearn, Lawrence
1948—198
Hearst, Wm. R.
1947—5. 29, 30, 140, 362
1948 — 333
1949 — 95
Heart of Spai7i
1948—247
286
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Heath, Edith K.
1947—89
1949 — 425
Heath, H. T.
1948 — 199
Hecht, Ben
1948 — 234, 273, 352, 358
1949 — 471
Hecht, Harold
1947 — 239
1948 — 355
Hedg'es, Virg-inia
1959 — 213, 218
Hedlev, David
1947 — 78, 101, 163
1948 — 8, 195
1949 — 424
1953—174
Hedrick, Travis K.
1948 — 226, 343
Heenan, Barry
1948—356
Heffernan, Dr. Helen
1948 — 171
Heflin, Van
1948 — 210
Hegel
1945 — 69, 75
1947—85
1953 — 9, 156
Hegga.n, Annette
1951 — 29
Heide, Paul
1948—194, 200, 351
1951 — 231
Heide, Ruby
1948 — 185
1953 — 257, 259, 260. 280
Heidelberger, Prof. Michael
1949—481, 500, 509, 517,
526, 530
Heifetz, Jascha
1947 — 292
1948 — 317
Heilbrun, Joe
1948 — 62
1949 — 470
Heim. Ed
1943 — 61, 82
Heiser, Prof. Karl F.
1949 — 481
Heist, A. A., and Mrs.
1948 — 109, 249, 278, 377
1949 — 688
Heist. Rev. A. A.
1955—332
Heit. Lou
1948 — 378
1949—557
Helen Busch School
1951—159
Helford, Ella
1948—259
Helford, Norris
1947 — 242
1948—259
1949—436
1951 — 287, 288
Helgren, George
1943—126
Helgren, Nora
1943 — 124, 125
1948 — 276
1951 — 58
Hellenic American Brother-
hood. TWO
1948—204
Hellenic American Brother-
hood (Touth Commit-
tee)
1948 — 338
Hellenic-American
Fraternal Society
1949—466
Hellenic American Veterans
of World War II
1948 — 339
Heller. A. A.
1947 — 267
1948 — 151, 261, 270, 376,
1949 — 179, 545
Heller. Isaac S.
1948 — 265
Hellman, Lillian
1947-127
1948 — 96. 97, 101, 113,
141, 152, 176, 234.
239, 244, 248. 249.
262. 26.5, 277, 278
324, 327. 330, 353!
354, 358. 377. 391
1949 — 481, 484, 490, 498,
501. .^09, !^na, 50i.
506. 507, 508, 509
510. 514, 515. 519.
521. 522. 5''4. 5'>0,
5'>7. 528. 529, 530.
531, 532. 533. 534.
537. 68S
1951 — 56. 58. 92, 93, 271,
1953 — 13l', 171, 172. 173,
174, 175, 280, 281
Helm. L. C.
1943 — 61. 83
Helms n, Sidney
194S — 327
Helmholz. A. C.
1947 — 102
Heitners. Al
1943 — 144
Heminsr^'av, Ernest
1048 — 100. 234. 247. 310,
lf)49 — 546
Heminsw.'^v, Capt. Henrv
19 48 — 5
Hemslev. Violetta
1948 — 185
Heri'ierson. Dr. A. D.
1 048 — 322, 325
1949 — 539
HendpT-son. Bob
1948 — 311. 313
Hendprson. Donald (Don)
1043 — 86
1945 — 147
1948 — 114, 151, 162, 186,
200 208. 244, 328,
337. 351', 352, 390
1949 — 146, 272. 311, 448,
449. 451, 491, 563?
CQQ
igsi — 56! 281
1953 — 63. 131. 171. 172.
173. 175. 176
Henderson. Rev. J. Rov
1947 — 9fi
1948 — 183, 185, 190
1949 — 561
Hendlpv, Cbas. .T.
1948 — 151. 179
Hendricks. Aames
1948 — 266
Hendricks. Frank
194S — 195
1949 — 437
Hendrickson, Alice
1948 — 352
Hendrickson, Esther
1948—17
Hendrix, Hilton T.
1949 — 601
Henlev, Dr. David E.
1948—171
Henner, Edna WolfC
1949—481, 500
Henreid, Lisl •
1947—179
Henreid, Paul
1947 — 180, 191, 234
1948—210, 241, 328, 357
1949 — 557
Henry Barbusse Club
1940 — 467
Henrv, John
1948 — 215
Henson, Vivian N.
1948 — 356
Hepburn, Katherine
1948 — 58, 59, 210
1949 — 630, 679. 688
Hepburn, Mrs. Thomas W.
1948 — 322
Heraclitus
1947 — 85
Herbert, F. Hueh. and Mrs.
1948 — 277. 372. 374
Herberts. Rev. Herbert L.
1948—164
Herbst, Josephine
1945—119, 121, 126
1948 — 95. 194. 248, 266,
270, 273, 277
1949 — 471
Herendeen. Lee
1948 — 184
1949 — 561
Herman Boettcher Branch
of the Communist Party
1948 — 215
Herman, Francis
1945; — 94
1949 — 554
Herman, George
194.S — 280
Herman, W. H.
1947 — 155
Herman, Sam
1948—273
Hermann, John
1945 — 119
1948 — 273
1949—471
Herndon, Angelo
1948 — 122, 136, 155, 181,
182, 189, 192, 196,
201, 266, 315, 364
1949 — 296
Herndon Defense
Committee
1949 — 314
Herniter. Annette
1951—160, 161, 163, 165,
167
Herniter Case
1951 — 165
Herniter, Isador
1951 — 160, 161
Herniter, Ida
1951 — 160. 161
Hernstein. Tetta
1955—389
Heroes of the War
1949—539
Heroik, Ferdinand
1949 — 497
Herre, Ambert W.
1959^185
Herrell, Mvron
1947 — 242
1949 — 436
Herrera, Francis
1948 — 185
1949 — 561
Herrev, Hermann
1949 — 481
Herrick, Martha
1943 — 135
Herrick, Robert
1943—128, 130, 131, 135,
139
1945 — 121. 126
1948 — 274
1949 — 472
INDEX
287
Herrick, Walter
1943 — 129, 131, 135, 115
Herring, Prof. Hubert
1948 — 109
Herrmann, Bernard
1948—317, 318
Hersey, John
1948 — ^240
Herstein, Lillian
1948 — 107, 273
Hertz, Alfred
1948—311
Hertz, David
1947 — 179
1948 — 372
Hertzberg, Sidney
1948 — 334
Hertzel Junior College
1955—428, 430
Herzberg, Fred
1948—146
Herzig, Thelma
1949 — 428, 433
Hesse, Walter
1947 — 155
1948 — S, 281
Hasthal, Eleanor
1947 — 89, 91
1949 — 425
Heuschele, Karl August and
Mrs.
1943 — 225, 236, 238
Heym, Stefan (Stephen)
1949—481, 488, 500, 514,
516, 525, 536, 537
Heyward, Dubose
1945—127
Heyward, Sammy
1949 — 481
Hibben, Paxton
1948 — 107
Hickerson, Clyde V.
1948—328
Hickerson, Harold
1948-226, 333, 386
1949 — 377
Hicklin, M. F.
1949—601
Hicks, Granville
1945—121, 126
1948—151, 194. 199, 244,
245, 248, 273, 389
1949—471
1951—90
1953—173, 174, 175
Hicks, Julian
1949 — 428, 433, 434
1951 — 280
Hidden Rulers
1943 — 368, 369, 375
Higginbotham, Dr.
194S — 318
Higginbotham, William A.
1949—495, 483
Higgns, Eugene
1948—336
High Altitude Observatory
1949 — 495
High V. State
1949 — 254
Hiken, Nat
1949 — 481, 534, 535
Hiberman, Max
194S — 344
Hildebrandt, Fred U.
1948 — 333
Hilgard, Ernest R.
1948 — 377
1949—481, 500, 508, 509,
518
Hill, Charles
1949 — 512, 519, 522, 525
Hill, Rev. Chas. A.
1948 — 201
1949 — 449, 481, 490, 500,
503, 504, 506, 512,
518, 519, 520, 526,
530, 531
Hill, Dr. Chas. W.
1947 — 96
1948 — 183
Hill, Gerald
1948 — 185
Hill, Jerry
1953 — 259
Hill, Dr. Leslie Pinckney
1948—322
Hill, Preston
1948 — 94
1949—554
Hill, T. Arnold
1948 — 375
Hill V. Florida
1949 — 575
Hill, Willis J.
1947 — 71, 96, 242, 429
1948 — 183, 202, 3S3
1949 — 422, 436, 561
Hille, Walderman
1948 — 392
Hillman, Sidney
1945 — 148, 149
1948 — 114, 145, 243, 247,
324, 357
1953 — 58, 61, 62, 63
Hillman, Mrs. Sidney
1949 — 456, 457
Hills, Guy
1947 — 127
Hilton, Ned
1948^266
Himes, Prof. Norman E.
1947 — 323, 324, 341
1948 — 176
1953 — 280, 281
Hinckley, Wm. W.
1948 — 180
Hindemith, Paul
1948—336
Hinderaker, Ivan
1959 — 18, 34
Plinders, Maurice
1948 — 114, 341
Hindu Trading Company
1953 — 222
Hindustan- American
Trading Company
1953 — 222
Hindustani Gadar Neios
1953 — 214
Hines v. Davidowitz
1949 — 574
Hinshaw, Dr. Cecil E.
1949 — 481, 490
Hinton, Carmelita
1949 — 481
Hirohito
1948 — 78
Hiroshimia, Seinen Kai
1943 — 323
Hirsch, Alean
1948 — 170
Hirsch, Alfred
1948—328
Hirsch, Carl
1949 — 546
Hirsch, Eli
1947 — 89
1949 — 425
Hirsch, Joseph
1949 — 481, 500, 514, 530,
534, 535, 536, 537
Hirschbein, Peretz
1947 — 96
Hirschfleld, Al
1948—240
Hirschman, Ira A.
1949—481, 484, 490, 500,
503, 506, 509, 514,
515, 516, 519
Hirshfelder, Betty
1949—437
Hirt, Chas. C.
1948 — 171
Hiskey, Dr. Clarence
1951—221, 227, 228
Hiss, Alger
1951—65, 80, 90, 175
1953—4, 56, 207, 211
1959—48, 157, 172, 175,
199
Hiss Case
1957 — 80
1959 — 188, 196
Hiss, Donald
1959 — 172, 173
History of American
Trotskyism, The
1957-85
History of the Communist
Manifesto
1949—191
History of the Communist
Party of Russia
1948 — 326
1949—539
History of the Communist
Party of the Soviet
JJyiion
1949—99, 191
1953 — 61, 195, 238
History of the Communist
Party of the United
States
1953—195, 198
History of the Russiati
Revolution
1949—191
History Today, Inc.
1948 — 248
Historical Records Survey
1943 — 126, 127, 138
Hitchcock, George
1947 — 82, 85, 90, 91
1948 — 220, 342
1949—429, 431, 432
Hitchcock, Marjorie
1948—226
Hitler, Adolph
1943 — 42, 54, 219, 220
1947 — 8, 13, 20, 23, 29, 45,
54, 200, 270, 272,
273, 292
1948 — 32, 33, 44, 64, 78,
103, 108, 144, 151,
154, 155, 158, 161,
162, 165, 247, 249,
250, 252, 258, 275,
283, 290, 307, 321,
332, 351, 374
1949 — 13, 16, 19, 20, 32,
38, 45, 51, 61, 69,
71, 87, 88, 91, 93,
94, 112, 123. 166,
187, 259, 265, 448,
478, 495, 550, 617,
649
1951 — 23, 48, 53, 66, 183,
194, 258, 270
1953 — 44, 62, 66, 67, 68
1955 — 366, 371, 420
1959 — 44, 45, 99, 178, 183
Hitler-Stalin Nonagression
Pact
1947—152, 153
1949 — 96, 137, 147, 326,
334, 360, 477, 478,
552, 617
1951 — 90, 282
1957 — 75
1959—92, 178
Hittelman, Fannie
1955 — 289
288
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Hittelman, Dr. Joseph
1955—79, 106, 209, 210
211, 212, 213, 214'
215, 216, 217, 218
219, 220, 275, 288,
373, 374, 387
1959 — 1S5
Hixson, T\'^m.
1948 — 163
Ho Ching--chih
1957 — 136
Ho, Wallace
1947 — 152, 163
Hoag, Esther
1948 — 353
Hobart College
194S — 391
Hobart, Rose
1947 — 239
1948—14, 104, 105, 209,
259, 355, 356
1949—478, 4S1, 688
1951 — 268, L'71, 272, 2S0
Hobson, Loyal A
1948 — 185
Hochfelder, Major Julius
1947—96
Hochheimer, Rita
1948 — 193
Hochman, Julius
1948 — 179
Hocking, Prof. Wm. Ernest
1948 — 324
1949 — 481
Hodess, Sam
1948 — 375
Hodges, Norval
1949—601, 608
Hodghead, Lillian
1948 — 185
Hodgson, Rev. Chester
1949— 4S1, 490, 500, 504
506, 507, 512, 522,
618
Hodza, Colonel
1949 — 555
Hoff, Harold
1948 — 94
1949 — 554
Hoff, Sidney
1949—504, 511, 520
Hoff, Syd
1949—481, 500, 501
Hoffa, James
1959 — 108, 109
Hoffman, Bob
1948 — 356
Hoffman, Dr. Eugene
1955 — 126, 127, 128
Hoffman, John M.
194S — 17
Hoffman, Joseph
1948 — 210
1955 — 456
Hoffman, June
1949 — 484
1951 — 268
1955 — 366
Hoffman, Hans
1947 — 85, 91
Hoffman, Louis E.
1955 — 391
Hoffman, IMalvina
1949 330
Hoffman, Paul G.
1949—670, 671
Hoffman, Pawel
1949 — 497
Hoffman, Wm.
1947 — 89
Hogge, Bob
1955 — 321
Hoijer, Dr. Harry
1947—67, 71, 72, 95-98,
141, 179, 188, 259
1948—103, 170, 171, 183.
202, 279, 318, 375
1949—419, 422, 688
1951—53, 56, 57, 59, 109
Holcombe, Arthur
1948 — 179
Hold the Priceline Com-
mittee
1947—55
1949 — 315
Holden, Lawrence
1948—356
Holifield, Chester
1959 — 34
Hoijer, Harry
1945 — 137
Holland
1943 — 221
Holland, Harold
1947 — 152, 163
Hollander, Sidney
1948 — 375
HoHiday, Judy
1948 392
1949—481, 490, 500, 513
inr. l^^' 516, 529, 543'
1951 — 271
Hollister, Carol
1948—184, 311, 317
.,^1949-481, 500, 510, 537
Hollister, Clinton D.
1959—185
Hollister, David
1948 — 184
Holloway, C. C.
1948 — 17
Holly, William H.
1948—186, 273
1949 — 562
Hollywood Actors' Labora-
tory School
1948—95
1949—315
Hollywood Anti-Nazi
League
1943—135, 136
1947—70, 183, 1S8, 190,
250
1948—51, 67, 105, 135,
158, 166, 188, 231,
249, 250, 251, 255-
257, 312, 313, 341,
371
1949—88, 315, 316, 382
396, 397, 421, 477
617
1951 — 58, 61
1955 — 366
1959 — 20, 112
Hollywood Arts, Sciences
and Professions Coun-
cil ; see also Council of
Arts, Sciences and Pro-
fessions
1951—268
Hollywood Arts, Sciences
and Professions Coun-
cil of the Progressive
Citizens of America
1948—59, 129, 136, 148,
346
Hollywood Athletic Club
1955 — 313
Hollywood Branch of the
League of American
Writers
1948 — 192
Hollywood Canteen
1948 — 317
Hollywood Chapter of the
League of American
Writers
1948—137, 158, 191
Hollywood Citizens Com-
mittee of the Arts, Sci-
ences and Professions
1949 — 705
Hollywood Citizen-News
1947—5, 97, 138, 141, 193.
199, 227, 231
1948-15, 172, 205, 369
1949 — 9, 699
Hollywood Committee to
Aid Spanish Refugees
in France
1947—191
Hollywood Community
Radio Group
1947 — 179, 180, 186, 189,
192, 193, 370
1948 — 105
1949—315, 706
1951—57, 59, 60
Hollywood Cultural Com-
mission
1943—148, 164
Hollywood Democratic
Club
1948—221, 222
Hollywood Democratic
Committee
1948-51, (i3, 135, 138,
166. 250-255, 257,
371
1949—315, 477. 628
1951—58, 59, 248
1955 — 365, 366, 445, 446,
458, 461
Hollywood Folk Dance
Center
1947 — 72
Hollywood Forum
1948—104, 119, 135
Hollywood High School
1951 — 27
Hollywood Hospital
1955 — 324
Hollywood Independent
1948 — 225
1949 — 388
Hollywood Independent Cit-
izens Committee of the
Arts, Sciences and Pro-
fessions
1947—33, 34, 55, 56, 108,
180, 183, 186-191,
196, 210, 217, 236,
241, 251, 281, 284,
295, 296, 297, 301,
369
1948—51, 105, 116, 139,
149, 225. 252, 255.
308
1949—315, 316, 388, 435,
477
1951—57, 59, 62, 268, 290,
291
1953 — 88
1955 — 364, 305, 366, 440,
441, 445, 455, 461,
463, 4G4
Hollywood League Against
Nazism
1948 — 249, 255
1949 — 315, 316
Hollywood League for
Democratic Action
1948—154, 159, 167, 168,
251, 255
1949 — 316, 477
1951—58
1955 — 366, 460, 461
Hollywood League of
American Writers
1948 — 127, 369
Hollywood League of
Women Shoppers
1948—278
INDEX
289
Hollywood Motion Picture
Alliance
19 IS— 59
Hollywood Motion Picture
Committee of the Na-
tional Council of Amer-
ican-Soviet Friendship
194S— 123
Hollywood Motion Picture
Democratic Committee
1948—38, 51, 135, 251-
257, 311, 384
1949 — 315, 316, 333, 477
1955 — 366
Hollyivood Now
1948 — 158
Hollywood Peace Forum
1948—154, 155, 159, 160
1949 — 316
Hollywood Presbyterian
Hospital
1955 — 98
Hollvwood Quarterly
1947—105-108
1948 — 257, 258, 369, 373
1949 — 389
1951—54, 55, 56, 60, 61,
62, 64
1955—438
Hollyivood Reporter
1948 — 132, 172, 189, 210,
274, 355, 360
1953 — 285
1955 — 455, 459, 460, 461,
463
Hollywood Screen Writers'
Guild
1959 — 10
Hollywood Studio Club
1947 — 185, 186
Hollywood Ten Committee
1951—267
Hollywood Theatre Alliance
1949—316
Hollywood Town Forum
1948 — 137
Hollywood Town Meeting
1948 — 155
Hollywood Trade Union
1943 — 78
Hollyivood Variety
1947 — 191
Hollywood Victory Com-
mittee
1948 — 95
Hollywood Women's Club
1955 — 115, 370
Hollywood Women's
Council
1947—183
1948 — 221
Hollywood Writers' Mobili-
zation
1945 — 117-131
1947 — 34, 53, 55, 58, 62,
72, 95, 97, 98, 107-
109, 140, 141-142,
187, 188, 190-192,
258, 281
1948—52, 56, 58, 105, 127-
129, 131, 135, 137,
158, 159, 189, 192,
258, 259, 260, 261,
275, 359, 360, 369,
373, 389
1949 — 316, 389, 679
1951—51, 52, 53, 54, 55,
56, 59, 60, 61, 62,
63, 64
1953—89
1955—437, 438, 440, 444,
446, 458, 461, 462
1959 — 10, 137
10 — L-4361
Holman, Libby
1949 — 481, 490, 500, 503,
509, 514, 515, 517,
518, 519, 522, 531,
534, 535, 536
Holman, Pauline
1948 — 277
Holme, Edward L.
1953 — 260
Ilolmer, Eleanor
1918 — 161
Holmes, Cliief Justice
1947 — 282, 284
1949—570
Holmes, Dean Henry
1953 — 151
Holmes, Eugene C.
1945—127
1949 — 481, 488, 500, 508,
510, 512, 516, 531,
536, 537
Holmes, John
1951—229, 230
Holmes, Rev. John H.
1948 — 333
Holmstock, Ethel
1943 — 143
Holmgren, Roderick B.
1948 — 342
Holomon, J. M.
1949 — 438
Holt, Joe
1948 — 285
Holt, Prof. Lee Elbert
1949 — 481, 500, 519
Holther Reports
1948 — 148
Holther, Wm. B.
1943—129
Holtz, Miriam
1943—157, 163
Iloltzendorff, Howard L.
1953—78, 79, 81, 82, 83,
84, 85, 86, 104, 117,
119, 120, 126, 132
Holy Family, The
1953 — 10
Holyoke Book Shop
1949 — 316
Home Owners Loan
Corporation
1959 — 173
Homer, Louise
1948—311
Homer, Sidney
1948 — 311
Homes, John Hayes
1948—244
Honeycombe, John G.
1943 — 61, 117-122
1948 — 44
1949—553, 554
Hong, Rev. Lee S.
1948—144
Honig-, N.
1948 — 268
1049 — 464
Honolulu Star-Bulletin
1943 — 325, 32G
Honorary Campaign Com-
mittee for the Election
of Clifford T. McAvoy
1949—317
Ho'O, Marshal
1947 — 73
Hook, Sidney
1951 — 38, 47, 50
Hooker, Helene
1948 — 258
Hooper, Dennis
1947 — 75, 151, 163
Hoover, Herbert C.
1947 — 224
1949 — 692
1959 — 151
Hoover, J. Edgar
1945—67, 136
1947 — 34, 63, 99, 133, 214,
217
1948 — 116, 134, 232, 277,
370
1949 — 416, 441, 541, 593,
667, 678
1951 — 4, 251, 263, 283
1955 — 43, 45, 457
1957 — 121
1959—42, 43, 176, 177,
182, 186, 201, 210
Plope, Bob
1947 — 126
Hopkins, Miss Annabel
1948 — 182
1949—560
Hopkins, David
1948 — 210
Hopliins, Irlarry
1948—235
1959—173
Hopkins, Meriam
1948 — 251, 263
Hopkinson, Chas.
1949 — 330
Hopp, Beatrice
1948 — 339
Horgan, Rev. Emerson G.
1959 — 185
Hori, H.
1943 — 337
Horn, Marguerite
1948—17
Hornblow, Arthur
1948 — 251, 255
Home, Ha.1
1948-211
Home, Lena
1947 — 235, 239, 242
1948 — 198, 202, 203, 241,
255, 311, 316, 317,
355. 392
1949—136, 543, 688
Horner, Arthur
1953—241
Horner, Jacqueline
1948 — 350
Hornick, Helen
1948-356
Horowitz, Morris
1951 — 267
Horrall, C. B.
1945 — 160, 162
1947 — b7, 59
Horton, Alice
1948 — 187
1949 — 563
Horton Dance Group
19 47 — 73
Horton, Lister
1948-343
Horvath, Mrs. Theresa
1948 — 204
Hosie, Laurence
1948 — 193
Hoskins, Mrs. Alice
1948^355
Hosmer, Helen
1948 — 4
Hospital of the Good
Samaritan
1955 — 98
Hossack, John B.
1959 — 217
Hotel and Restaurant Em-
ployees International
Locals 17, 284, 440, 468,
639
1947 — 177
Hotel and Restaurant
Workers Union
1948—115
290
UN-AMERICAN ACTIVTTIES IN CALIFORNIA
Hotel Service Workers
Local 283
1947 — 80
Houk, Wm. C.
1948 — 328, 382
Hour
1948 — 225
1949 — 389, 451
Hourilian, Martin
1945 — 139, 145
1948—375
Hourwich, Nicholas
1949 — 177
House Appropriations
Committee
1949 — 573
House Military Affairs
Committee
1945—27
House of Representatives
1959 — 139
House Resolution No. 277
1943 — 6, 389-391
House Un-American Activ-
ities Comimttee
1957 — 10
1959 — 39, 84, 89, 121, 126,
135, 139, 193, 209,
211
Houseman, John
1948 — 188, 210 211, 251,
255, 392
1949 — 543
Housing Commissioners,
Board of
1953—80
Housing Question, The
1949 — 191
Housmer, Jerry
1948—356
Houston, Clias. H.
1948 — 265, 386
Houston, George
1948 — 317
Houston, John
1948-210, 240
Houston, Norman
1955 — 459
Houston, Norman C.
1947 — 183, 185
1948 — 239
1949—435
Houston, Norman F.
1955—459
Houston, Dr. Percy
1948—171
Houston, Walter
1948—240, 251, 255
Hovde, Bryn J.
1949 — 484, 486
Hovey, Suge
1948 — 317
How I Came to Communism
1948 — 245
How Man Became a Giant
194S — 326
1949 — 539
How to Detect Cotnniunist
Indoctrination
1959 — 212
Hoio You Can Fight
Communism
1949 — 654
Howard, Dr. B. F.
1948 — 359
Howard, Boyce
1949—422
Howard, Cecil
1948 — 330
Howard, Charles
1948 — 3S3
1949—515
Howard, Charles P.
1949 — 481, 490, 500, 512,
514, 526, 535
Howard, Charlotte
1947 — 91
Howard, Evelyn Capell
1955 — 421
Howard, Gertrude G.
1947 — 171
Howard, Kenneth W.
1947 — 71
1948 — 184, 343
1949 — 422, 688
Hov/ard, Maurice
1947 — 242
1948 — 62
1949 — 436, 470, 683
Howard, Milton
1947 — 106
1948—233, 343
1949 — 202, 545
Howard, Sidney
1945 — 126
1948 — 238, 278
Howard University
1955 — 238
Howard University, Med-
ical School
i:,r,5 — 238
Howard, Wilford
1947 — 241
1948 — 195
1949—435, 437
Howe, Ann
1943 — 133, 140, 146
1947 — 73
1948 — 278
Howe, James Wong
1948 — 198
Howe, Jane
1943—143, 158
Howe, M. A.
1948 — 330
Howe, Mary
1948 — 317
Howe, Quincy
1948 — 179
Howell, Dr. Clarence V.
1948 — 333
Howell, R. A.
1948 — 198
Howells, John N. M.
1949 — 481
Howser, Fred
1951 — 75
Hoxey, Lowell
1955 — 390
Hoyt, Ralph E.
1943 — 176, 186
Hrdlicka, Dr. Ales
1948 — 322
Hronek, Jirl
1949 — 497
Hsieh Chia-lin
1957 — 129
Hsinhua News Agency
1957 — 140
Hsu Kuang-yao
1957—136
Hu Ko
1957 — 136
Hu. T. Y.
1948 — 273
Huher. Louie
1948 — 4
Huhermaii, Edward
1948 — 151, 208
Huberman. Leo
1947 — 104, 209, 210
1949 — 481, 489, 490, 499,
501, 504, 505, 507,
512, 514, 516, 518,
521, 525, 528, 534,
536, 537
Hubbard, Frank W.
1947—115
Hubbard v. Harnden
Exp. Co.
1949—253
Hubert, Flaye Adams
1945—7
Hubler, Richard B.
1955 — 456
Hubler, Richard G.
1948 — 372
Hubley, John
1948 — 192
Hudson Case
1951 — 95, 154, 165
1959 — 15
Hudson, Dr. Claude
1947 — 242
1948—198-200, 202, 230,
241, 271, 272, 279,
255
1949 — 436, 459, 688
Hudson, Everitt
1951 — 35, 101-135, 137-
149, 151, 152, 155,
160, 164, 165, 168
1953 — 242
1955 — 70
1957 — 2-6, 7, 80, 102
1959 — 15, 127
Hudson, Mrs. Helen
Hudson, Manley O.
1948-247
Hudson, Rav
1943 — 197
1947 — 172, 204
1948—244, 245
Hudson, Roy
1953 — 72, 175
Hudson, William A.
1951—102, 103, 104, 105,
106, 107, 108, 111,
112, 113, 114, 115,
116, 122, 132
Huebsch, B. W.
1948- — 248
Huebston, Jean
1948 — 339
Huff. Henry
1949 — 451
Huff, Marion
1943 — 360
Huff, Paul
1948 — 17
Hushes, Charles Evans
1947 — 7
1949—23
Hughes, Conde
1948—377
Hughes, Dorothy
1948—357
Hughes, Rev. Fred A.
1948 — 249
Hughes, John B.
1945—116
1947—96, 141, 183, 227
1948—198, 254
Hughes, John Eli
1947 — 305
Hughes, Kenneth
1949—514, 519, 527
Hughes, Rev. Kenneth de P.
1949 — 481, 490, 500, 506,
512, 514, 517, 526,
531, 532
Hughes, Langston
1945 — 119, 121, 124
1947 — 77, 106, 313
1948 — 97, 107, 114, 132,
148, 162, 169, 179,
186, 193, 194, 196,
198, 244, 245, 263,
266, 273, 278, 324,
328, 352, 353, 389,
390
1949—423, 448, 449, 451,
471, 481, 484, 488,
490, 498, 501, 503,
INDEX
291
Hughes, Langston — Cont.
505, 506, 508, 509,
510, 512, 513, 511,
515, 516, 517, 521,
522, 525, 526, 527,
528, 530, 534, 535,
536, 537, 545, 547,
562, 688
1951—56, 60, 261, 271,
287
1953 — 139, 172, 173, 174,
175
Hughes, Margaret
1948 — 109
Hughes, Marie
1947 — 239
Hughes, T. W.
1943—258
Hugo, Roland C.
1947—75
Huhn, John
1948 — 62
1949 — 470, 688
Huiswood, Otto
1949 — 177
Hull, Secretary Cordell
1948 — 191
1949 — 15
Hull, Morgan
1943 — 155
1947 — 210
1948 — 207
Hullihen, Dr. Walter
1948 — 324
Hulme, Prof. Ed M.
1947—88, 93
1949 — 425
Hultgren, Wayne
1947 — 269
1953—279, 282
Humanist Society of
Friends
1943—119
Humboldt, Chas.
1947—106
Hume, Mr.
1947 — 85
Humphrey, Miles G.
1943 — 38, 61, 68, 69, 115,
177
Humphreys, Rolphe
1948 — 389
Humphries, Miles G.
1951—235
1959 — 130
Hundal, L. Singh
1953 — 223
Hungary
1943—221
Hungarian-American Coun-
cil for Democracy
1949 — 317
Hungarian Brotherhood
1949 — 466
Hungarian Socialist Party
1940 — 114
Hungarian Zionist
1949 — 552
Hunnwell, Carrol B.
1943—60, 62
Hunt, Rev. Allen
1948—109, 110
Hunt, Boston
1948 — 284, 235, 287-290,
306
Hunt, Dean R. D.
1948—171
Hunt, John
1947 — 77
1948 — 339
1949—423
Hunt, Marsha
1948 — 60, 210
Hunter, Alice
1948 — 255
1951—268
Hunter College
1953—141, 142
Hunter, Herbert
1949—546
Hunter, Kim
1948—240
1949—481
Hunter, Mary
1949—481, 490
Hunter, Ronald W.
1959^ — 176
Hunter, Tookie
1948—96, 151
Hunters Call, The
1947—124, 125, 135
Huntington Memorial
Hospital
1955 — 98
Hunton, Alpheus
1949 — 488, 504, 508, 515,
519, 526, 536, 547
Hunton, Dr. Alpheus
1959 — 195
Hunton, Dr. W. A.
1949^481, 490, 512, 518,
526
Hunton, W. Alpheus
1949—500, 504, 512, 518,
521, 546, 548
Hunton, William A.
1949—516, 526
Hurd V. Hodge
19 55 — 60
Hurley, Mrs. Edith
1948-228
1949—457
Hurok, Sol
1948 — 311
Hurricane, The
1957 — 135
Hurwich, Arthur
1949 — 481
Hurwitz, Leo T.
1949 — 481, 488, 499, 508,
510, 513, 514, 527,
534
Hurwitz, Pauline
1948—375
Huston, John
1948 — 241
1949-688
Huston, Walter
1948—183, 255
Hutchins, Grace
1949—179
1953—153, 174, 175
Hutchins, Guy
1949 — 481
Hutchins, Dr. Herb L.
1948—17
Hutchins, Robert Maynard
1955 — 332
Hutt, Allen
1947—106
Huxley, Dr. Julian
1949 — 485
Hyam, Jack
1948—356
Hvans, Mary Cleo, Mrs.
"1955-18
Hyman, Evelyn C.
1948 — 266
Hynes, Harry
1948 — 156
Hyun, David
1951 — 267
1955—305, 326, 328, 332,
389
Hyun, Mary
1955—327
Hyun, Peter
1955—305, 328, 339, 390
I.A.T.S.E.
1949 — 476
/ Accuse!
1957-131
I.C.P.T.II. — see Inter-
national Confederation
of Free Trade Union
Organizations
I Change Words
1948—107
/ Chose Freedom
1949—653
/ Confess
1943 — 19
1951 — 12
IFTEAD No. 89 of
A. F. of L.
1953—259
I Have Seen Black Hands
1945 — 125
ILD — see International
Labor Defense
I.L.W.U. — see International
Longshoremen and
Warehousemens Union
IMRO
1949 — 26
I. P. P. — see Independent
Progressive Party
I Saw Poland Betrayed
1949 — 654
/ Saw the Russian
Peovlc
1948—326
1949 — 539
I. W. O. — see International
"Workers Order
I. W. W. — see International
Workers of the World
lannelli, Alfonso
1949 — 481
Ibanez, Richard A.
1947 — 239
1948 — 241, 355
Ibarruri, Dolores
1948—228
1949—457
Iberra and Orloff
1951 — 153
Ickes, Harold L.
1947—115, 296
1948 — 103, 129, 158, 167,
168, 181, 324, 361
1949 — 328, 484
1951 — 268
Icor
1948—49, 145, 225, 261
1949—317, 393, 467, 549
Ikano, Susumu
1949—181
Ilacqua, Nicholas
1943 — 284, 314, 315
II Corriere
1943 — 309, 310
II Corriere Del Popolo
1943 — 285
II Leone
1943—285, 303
Uin, M.
1948 — 326
1949 — 540
Illinois Civil Rights
Congress
1949 — 446
Illinois People's Conference
for Legislative Action
1949 — 317
Illinois State Advisory
Board of the Interna-
tional Labor Defense
1948 — 93
Illinois Young Communist
League
1955—428
292
UN-AMERICAN ACTIVITIES IN CALIFORNIA
lima, Viola
194S— 180, 227
1953 — 198
Imes, Rev. William Lloyd
194S — 333
Immigration and Housing
Commission
1943—111
Immigration and Xation-
alily Act
1959 — 192
Immigration and Naturali-
zation Service
1951 — 3
1953 — 217, 279
1955 — 45
1959 — 129, 156
Imperial Black Dragon
Society
1943 — 337
Imperial Communism
1949—654
Imperial Comradeship
Society
1943—337
Impe7'ialiS7n
1949—617
Imperialism and the
Imperialist War
1949—191
Imperialism — The Highest
Stage of Capitalism
1949—190, 192
"Imperialist War, The"
1949 — 192
Improved Order of
Red Men
194S— 15, 16
In Fact
1943 — 247
1948 — 36, 49, 86, 148, 225
1949 — 262, 2G3, 389, 450,
547, 630, 631
1955 — 12, 13, 14, 39, 45,
46
In Memory of the Boys of
the Abraham Lincoln
Brigade
1955 — 389
In Place of Profit
1948 — 246
In Praise of Learning
1949 — 192
In Stalin's Secret Service
1947 — 218
Independent, The
1947 — 306
1948—103, 129, 225
1949 — 389, 547
Independent Citizens Com-
mittee of the Arts,
Sciences and Profes-
sions
1947 — 227, 231-233, 296,
297 369
1948 — 38, '52, 63, 103, 129,
136, 158, 159, 167,
168, 192, 225, 262,
318, 353, 354, 371
1949—268, 315, 317, 352,
389, 400, 452, 454,
477, 478, 484, 547,
628, 705
Independent Order of
Foresters
1955 — 20
Independent Order of Odd
Fellows
194S— 1.-,, 16, IS
Independent Progressive
Party
1948—41, 62
1949—25, 112, 113, 114.
120, 136, 146, 248,
251, 254, 267, 315,
317, 352, 380, 438.
469, 470, 471, 477,
526, 558, 635. 646
1953 — 105
1955 — 2, 3, 4, 5, 12. 13,
14, 15, 22, 23. 29.
40, 46, 47, 108. 295,
365, 390
1959 — 19, 27, 28, 29, 30,
34, 35. 96, 133, 134,
137
Independent Progressive
Party, San Fernando
Valley Council
1955 — 389
Independent Publicists
1945 — 117
Independent Socialist
League
1957 — 47, 65, 73
Independent Students'
Political Action
Committee
1948—219
Independent Voters' Com-
mittee of the Arts
and Sciences
1949 — 317
Independent Voters of
Illinois
1948—354
Independent Voters of New
Hampshire
194? — 354
India News
1948 — 259
1949 — 421
India Today
1953 — 232
Indian Federation of Labor
1953-22.")
Indian National Congress
1953 — 226
Individualist, The
1959—48
Indman, Nina
1948-382
Indonesia
1951 — 18
Indonesian Association
1948 — 218
Indonesian Review
1948 — 225
1949 — 389, 549
Indusco — see also American
Committee in Aid of
Chinese Industrial Co-
operatives
1951 — 280
Industrial Journal
1948 — 225
1949 — 389
Industrial Training Insti-
tute of Chicago
1955—404
Industrial Union Council
1943 — 135
1948—160
Industrial Union of Marine
and Shipbuilding Work-
ers of America, CIO
1947 — 67
1949 — 419
Industrial Workers of the
World
1948 — 70, 246
1949 — 177, 572
Industries Disinherited
1953 — 188
Infante, Marco Ignaco
1947—89, 91
1949 — 425
Infantile Leftism in Com-
munism
1957 — 34
Information Bulletin
19 48 — 225
1949—548
Information Bureau of the
Communist Parties
1949 — 298
Ingalls, Laura
1943 — 256, 257
Ingersoll, Jeremiah
1949 — 547
Ingersoll, Raymond C.
1948 — 201, 323
1949 — 538
Ingersoll, Mrs. Raymond V.
1948—334, 335
Inglehart, Robert
1948 — 113
Ingram, LeRoy R.
1945 — 208
Ingram, Rex
1947 — 96, 249
1948 — 132, 151, 183, 239,
251, 255, 377
1949 — 561
Ingster, Boris
1943 — 123
Inland Boatmens Union
1959 — 94
Inland Boatmen's Union of
the Pacific
194S — 212
1949 — 475
Inland Steel Co. v. National
Labor Relations Board
1955 — 61
Inman, Mary
1949 — 546
Innes, Letitia
1943 — 145
1947 — 73
Institute for American
Democracy
1948-264
1949 — 969
Institute for Democratic
Education, Inc.
1948 — 263, 264,
1949—696, 697
Institute for Medical
Research
1955 — 225
Institute for Propaganda
Analysis
1949 — 467
Institute for the Education
of Over-Sea Japanese
1943—327
Institute of Pacific Relations
1947 — 321, 322, 370
1948 — 41, 162, 172, 177,
325
1949 — 539, 694
1953 — 4
Institute on Human
Relations
1951 — 65
Institute on Labor, Educa-
tion and World Peace
1947 — 98, 101
1951 — 57, 63
Instruction of Bund
Leaders
1943 — 229
Intelligence Units, Armed
Forces
1945 — 6
Interchurch Committee of
American-Russian In-
stitute
1949 — 318
Intercollegiate Society of
Individualists
1959—48
Intercontinent News
1949—181
INDEX
293
Interim Committee on Crime
and Correction
1951 — 244. 254, 256
Interim Committee on Crime
and Correction, Chair-
man
1951—244
Interim Committee on Crime
and Correction, Investi-
gator
1951—254, 256
Internal Security Act
1959 — 194
International
1945 — 125
1959—111, 166, 188, 209
International Executive
Committee
1959—158
International Seventh
World Congress
1959—17, 23, 37, 90
International Alliance of
Theatrical Stage Em-
ployees, A. P. of L.
1947 — 172, 177
1948—15, 16
International Alliance of
Theatrical Stage Em-
ployees, Film Techni-
cians Local
1947—177, 683
International Alliance of
Theatrical and Stage
Employees, Progressive
Conference
1959 — 20
International Association of
Cleaning and Dye House
Workers, Local 7
1947 — 80
International Association of
Democratic Lawyers
1949—318
International Association of
Machinists
1949 — 437
International Association of
Political Science
1959 — 212
International Association of
Theatrical and Stage
Employees
1959 — 110
International Association of
War Veterans
1948 — 384, 385
1949 — 318, 374
International Association of
Workingmen
1953—47
International Bank for Re-
construction and De-
velopment
1949—75
International Book Shop
1959—137
International Book Shop of
Boston
1949 — 318
International Book Store
1947—43, 100
1948 — 224
1949—318
1951—178
1953 — 224, 265
1959 — 146, 147, 181, 209
International Brigade — see
also Abraham Lincoln
Brigade
1948—93, 94, 205
1949 — 502, 553, 554, 555,
556
1951 — 236, 237
1953 — 260
International Brotherhood
of Teamsters, Local 399
1947 — 177
International Bulletin of
Education
1953 — 192
International Bureau of
Revolutionary Litei'a-
ture
1949 — 354, 390
International Center
1947 — 102
International Class War
Prisoners Aid Society —
see also Comintern In-
ternational Red Aid
Section
1959—121
International Committee on
African Affairs
1948 — 75, 320
1949 — 303, 318, 551
International Confederation
of Free Trade Union
Organizations
1959—97-104
International Congress of
Women
1948 — 227, 228
1949 — 318, 319, 457, 458
International Coordination
Council
1949—547
International Democratic
Women's Federation,
The
1948—54, 229, 232
1949 — 301, 318, 319, 373,
458
International Discussion
Club
1943—380
International Federation of
Architects, Engineers,
Chemists and Techni-
cians (FAECT) — see
also Union of Technical
Men
1947—29, 201-205, 208,
209, 210, 212, 213,
214, 216, 219, 370
1948—212
1949—424, 425, 475, 706
1951—64, 76, 77, 88, 198,
201, 203, 204, 229,
230, 232, 233, 235,
240, 242, 243
1953 — 63
1955—48, 68
1957—1
1959—117, 119, 176
International Federation of
Architects, Engineers,
Chemists and Techni-
cians, Chapter 25
1951 — 76, 77, 78, SO, 85,
201, 207 208, 212,
213, 228, 229, 230,
231, 232, 233, 234,
235, 254
International Federation of
Architects, Engineers,
Chemists and Techni-
cians, Chapter 25 Exec-
utive Board
1951 — 230
International Federation of
Architects, Engineers,
Chemists and Techni-
cians, President of Ala-
meda County Chapter
1951 — 64
International Federation of
Teachers Union
1953 — 245
International Fishermen
and Allied Workers
of America
1953—63
International Fishermen &
Allied Workers of
America, Local 34
1947—93
International Fur & Leather
Workers, Local 79
1947 — 93
1949—325, 456
International Fur & Leather
Worlcers of America
1953—03
International Fur & Leather
Workers Union
1951 — 267
1955 — 390
International Hod Carriers
Building and Common
Laborers' Union, Local
724
1947 — 93
International Institute of
Universal Researcli
and Administration
1943—367, 380
International Juridical
Association
1948—35, 52. 265, 331
1949 — 319, 327, 540, 541
1959 — 132, 133
International Labor
Conference, 27th
1953—231
International Labor Defense
— see also Comintern,
International Red Aid
Section
1943 gg
1947—189, 214, 251,252
1948—47, 48, 55, 61, 93,
103, 107, 110, 112,
113, 121, 122, 130,
134, 142, 143, 145,
155, 156, 159, 191,
201-203, 223, 225,
265, 266, 267, 315,
316, 319, 329, 330,
331, 335, 362, 364,
365, 375
1949—148, 174, 182, 269,
272, 276, 291, 312,
319, 320, 321, 322,
325, 332, 335, 340,
362, 390, 391, 439,
440, 446, 447, 450,
451, 452, 453, 454,
455, 461, 464, 466,
508, 540
1951 — 259, 260, 261, 262,
264, 265, 280
1953—55, 97, 175, 223
1955 — 385
1957—117
1959—25, 121, 122, 123,
124, 125, 126, 128,
130, 132, 133, 135,
137
International Labor De-
fense, District 13
1951—259
International Labor Defense
and Red Aid
1949—318
International Labor Defense
News
1948—35, 93
International Labor
Organization
1959—97
294
UN-AMERICAN ACTIVITIES IN CALIFORNIA
International Labor
Workers Union
1947—163
International Ladies Gar-
ment Workers Union
(ILGWU)
1947 — 67. 74
1948—383
International Le?:ion of
Viffilantes in
California
1943—380
International Lenin
University
1949 — 198
International Literature
1948 — 156. 371
1949 — 390
International Long'shore-
men's Association
1943 — 141
International Longshore-
men's and Ware-
housemen's Union
1948 — 163
1949 — 437, 475
1953—63
1959 — 33, 34, 41, 94, 96,
99, 108. 109, 195
International Lonarshore-'
man and Warehouse-
man's Union, Local 2
(Ship's Scalers)
1947 — 92
International Longsliore-
men and Warehouse-
men's Union, Local 6
(Warehousemen)
1947 — 92
International Longshore-
men and Warehouse-
men's Union, Local 10
1947 — 90, 93
International Long-shore-
men's and Warehouse-
men's Union, Local 26
1951 — 267
1955 — 388. 390
International Long^shore-
men and Warehouse-
men's Union, Local 34
(Ship Clerks)
1947 — 92
International Longshore-
men and T^'arehouse-
men's Union, Local 37
1955 — 388
International Longshore-
men's Union of San
Francisco, Local 6
1955 — 112
International Longshore-
men Workers Union
1948 — 163
International Music Bureau
1949 — 677
International of 1864
1953—59
International Photogra-
phers, Local 659
1947 — 177
International Press
Correspondence
1949 — 104, 164, 179, 180,
243, 259, 384, 390,
396
International Programs
1948 — 392
1949 — 320, 543
International Proletariat
Revolution
1953 — 50
International Publishers
1948 — 36, 49, 120, 145,
194, 214, 324, 369
1949 — 117, 119, 126, 185,
204, 205, 206, 207,
210, 213, 215, 217,
21S, 220, 221, 222,
223, 225, 244, 257,
269, 320, 420, 440,
442, 461, 463, 492,
621
1959 — 137
International Red Aid — see
also Comintern, Inter-
national Red Aid Sec-
tion
1947—214
1948 — 155, 265
1949 — 320, 321, 439
1953—55
International Red Aid
(MOPR)
1955 — 385, 399
International Socialist
1953 — 47
International Socialist
Conference
1949 — 217
International Sound Tech-
nicians, Local 695
1947 — 177
International Soviet
Republic
1949 — 195
International Theatre
Institute
1949—321
International, Third
1953 — 17, 24, 47. 171
International Trade
Exposition
1953 — 20
International Union of Fish-
ermen, and Allied
Workers of America
1948 — 212
1949 — 475
International Union of Fur
and Leather Workers
1948 — 212
1949 — 475
International Union of
Journalists
1949 — 497
International Union of
Mine, Mill and Smelter
Workers, Golden Gate,
Local 50
1947 — 92
1948^212
1949 — 475
International Union of Rev-
olutionary Theatres
1948 — 128, 167, 278, 367,
370
1949—329
International Union of Rev-
olutionarv Writers
1945 — 118, 119. 120
1948 — 99. 126, 135, 15G,
157, 167, 191, 274,
368, 371
International Union of
Students
1948 — 187
1949 — 321, 563
1953 — 192
1955 — 88
International Union of
United Automobile,
Aircraft and Agri-
cultural Instrument
Workers of America,
CIO
1947 — 67
International Union U.A.W.
1949—567
International Women's
Conference
1948 — 332
International Women's
Day
1948 — 226
International AVomen's
Federation
1953—192
International Woodworkers
Union
1959 — 94
Internationa]
Workers
of
the World
1945—87
1948—70, 246
1949—255,
465,
473
1959—90
International
Workers
Order
1943 — 94
1948—35,
38, 4
7, 73
98,
102,
103,
122,
123,
130,
134,
136,
142,
145,
158,
192,
196,
197,
204,
207,
216,
218,
225,
259,
267,
268,
269,
271,
318,
323,
354,
355,
358,
378,
382
1949—127,
158,
310,
313,
321.
322,
324,
326,
331,
348,
366,
383,
388,
395,
397,
409,
413,
414,
446,
449,
450,
453,
455,
463,
464,
465,
466,
467,
468,
469.
508,
523,
524,
538,
542,
545,
548,
551,
557
1951—281,
282,
283,
284,
287,
289
1953— 1,
247,
277,
279
1955 — 8.
9,
10,
11,
13,
14,
16,
20,
21,
22,
23,
29,
39,
40,
42,
43.
44,
45.
46,
47,
91,
112,
184,
404,
428
International Workers
Order
1957 — 105
1959— 25. 134, 137, 141,
208
International Workers' Or-
der, Polish Section
1951 — 283
International Workers Or-
der, American Russian
Branch 3151
1951—267
International Working
IMen's Association
1949 — 203
1953 — 20, 22
International Youth Day
1949 — 322
Internationale
1949 — 31
Internationale Des Anciens
Combattants — see In-
ternational Association
of War Veterans
1949 — 318, 374
Internationale Roode Hulp
1948—265
1949 — 439
Internationale Rote Hilfe
1948 — 265
1949 — 439
Interne Council of America
1955 — 87, 382
INDEX
295
62, 271,
531, 551,
645, 649,
Intej-ne^ The
1955—87
Inter-Professional Associa-
tion
1948 — 6, 172
1949 — 322
Inter-Professional Associa-
tion Bulletin
1948—6
Interprofesisonal Associa-
tion for Social
Insurance
19 48—73, 115
1949 — 322
Interracial Coordinating
Council of New York
1948 — 201
Interview With Foreign
Workers' Delegations
1949 — 192
Introducing the
Communist
1953 — 240
Invading Education
1959 — 85
Inzer, Hugh Ben
1943 — 46, 50, 61, 225
loannou, H. P.
1948 — 259
1955^390
I. P. P. (See Independent
Proeressive Party)
Iredell, F. Raymond
1953—133
Ireland, John
1948—356
1949-181
Iron Curtain
1949— 10, 42,
292, 529,
552, 634,
654, 679
Irons, Martin
1943 — 134. 163
Irvine, G. F. (Ceorare)
1947 — 78, 79, 90, 101,
240, 241
1948 — 185, 195, 376
1949—424, 435, 438, 689
1951—259
Irvine:, Charles
1949—481, 514, 534, 535
Irwin. Ben
1948 — 96
Irwin, Inez Hays
1948 — 278
Is America Blind
1948 — 20
Isaacs, Stanley M.
1948 — 244, 324, 327, 375
Isaacs, Mrs. Stanley
1948 — 227, 228
1949 — 457
Isaacson, Bernard
1951—287
Isaak, Rose
1953—248, 263, 264, 265,
266, 269, 274, 281
Isacson, Leo
1949 — 508
Isher Singh
1953 — 222
Ishihara, Sakaie
1955—390
Iskra Perlos, The
1949—192
Ison, Clarence
1947 — 152, 163
Tssei, The
1943—322, 346
1945— 48, 52, 62, 64
Isserman, Abraham
1955 — 303, 304
Isserman, Abraham J.
1948 — 22C, 249, 259, 260,
265, 270, 327, 328,
331, 332, 352, 377
1949—541
1951 — 93, 263
1953—172
Isserman, Rabbi Ferdinand
M.
1948—201
Italian Activities in
America
1943—290
Italian Anti-Fascist
Committee
1949 — 323
Italian Chamber of
Commerce
1943 — 306, 307
Italian Communist Party
1943—282
1949 — 127, 128, 133, 239
Italian Language
Newspapers
1943—309-314
Italian-Language Schools
1943—286, 287, 300, 309,
314, 317, 319
Italian Legion
1943—300
Italian Lodge, Independent
Progressive Party
1955 — 389
Italy
1943 — 220
Iturbi, Jose
1955 — 440
Ivanov, Peter
1948 — 172, 193
1951 — 212, 235, 240, 241,
242, 243
Ivens, Joris
1945 — 116, 117
1948 — 114, 247
1951 — 53, 54
Ives, Burl
1948 — 392
1949—543
Ives, Charles
1948 — 317, 330
Izac, Ed V.
1948—181, 351
"Izvestia"
1949 — 51, 161
1953—45, 70
J. B. S. Haldane Club of the
Communist Party
1948 — 215
Jack, Hulan E.
1948 — 202
1949 — 449
Jack London Branch,
Young Communist
League
1955 — 428
Jackins, Helen
1948 — 215
Jackson, Ada Bell
1949—491
Jackson, Alvin
1947 — 239
1948 — 198, 355
Jackson, Burton
1948 — 378
1949 — 557
Jackson, Calvin
1948—193, 317
Jackson, Erie
1948 — 94
1949 — 554
Jackson, Eugene
1959 — 55
Jackson, Gardner
1948—109, 181, 351, 386
Jackson, Harry
1947— 77
1949 — 423
Jackson, J. J.
1943 — 33, 34
Jackson, James
1948 — 212
Jackson, James E.
1959 — 194-195
Jackson, Mr. and Mrs.
Joseph Henry
1948 — 194
Jackson, Justice
1951 — S9, 91
1955 — 62, 64
Jackson, Leonard
1949 — 543
Jackson, Dr. Leta B.
1948 — 17
Jackson, Representative
1953 — 211
Jackson, Robert H., Su-
preme Court Justice
1951—262
Jacobi, Frederick
1948 — 311
Jacobi, Helen
1948—376
Jacobs, Karl Adolph
Herman
1955 — 176, 177
Jacobs, Lewis
1948 — 276
Jacobsen, Dr. Daniel S.
1951 — 130, 142
Jacobsen, Nathan
1947—151, 162, 163
Jacobson, Eli
1943 — 130, 136
Jacobson, Elsie
1948— 14G
Jacobson, I.
1948 — 355
Jacobson, Libby
1943—128, 133
Jacobson, Mrs. William
1948—278
Jacoby
1947—203
Jacoby & Gibbons and
Associates
1949_S, 614, 650
Jacson, Frank
1953—41
Jaffe, Fred
1949—547
Jaffe, Lilly Weil
1947 — 94
Jaffe, Madeline
1953—131
Jaffe, Paul
1948—317
Jaffe, Philip J. „ „„„ „_.,
1948—198, 208, 323, 35.5
1949—538, 546
Jaffe, Phillip
1953—230
Jaffe, Sam
1948—151
1949 — 491, 689
1953—173
Jaffe, Teresa F.
1948—376
Jaffey, I.
1955—389
Jakeman, Shanna
1943—382
Jambol, Richard
1953—107
James
1949—254
James, Dan (Mr. and Mrs.)
1947—106
1948—279
296
UN-A]\IERICAN ACTIVITIES IN CALIFORNIA
James, Dennis
1959 — 84
James, Ed
1948 — 17
James, Joseph
1948 — 185
James, Philip
194N — 311, 330
Jamison, James P.
1947 — 363
Jampol, Richard
1955 — 319
Janney, Leon E.
1949—481, 509
Janssen, Werner
1948 — 317
1949—481
Japan
1943 — 220
Japanese
1943 — 328
1945 — 20, 21, 27, 45, 47-
49, 50, 52, 53, 59,
eo-c5
Japanese- Americans
1959—20
Japanese-American Citi-
zens' Leapue
1943 — 333. 338, 344
1945 — 53, 62, 63
Japanese-Am.erican Com-
mittee for Democracy
1949 — 323, 450
Japanese-Communist
Group
1943 — 230
Japanese Employees of
Los Angeles
1943 — 342
Japanese Fifth Column
1943 — 338, 339
Jananese Fisherman
1943 — 338
Japanese Hospital of Los
Angeles
1955—98
Japanese Language Schools
in Calif.
1943 — 326, 328
1945 — 50
Japanese Military Service
Men's League
1943—337
Japanese National Anthem
1943 — 349
Japanese Organizations
1943 — 333
Japanese Relocation
Centers
1943—346, 348
1945 — 47, 50
Jarman, Hon. Pete
1949 — 52
Jarrifo, Paul
1947—180, 191
1948 — 189, 214. 328, 352
1951—57, 60, 93
1953 — 253, 280, 281
1955 — 294, 815, 346, 387
Jarrico, Silva
1953 — 253
Jarrico, Sylvia
1951—60
Jasmagv, Frieda
1943—60
Jaswat, Singh
1953 — 223
Jean, Aaron Paul
1955—389
JefEerson Bookshop
1949 — 450
Jefferson Chorus
1948 — 392
1949 — 323, 543
Jefferson Labor School of
New York
1947—83
Jefferson Medical College
1955 — 93, 103
Jefferson School
1949 — 557
Jefferson School of Social
Science
1948 — 168, 269, 270
1949 — 202, 224, 323, 356,
452-455, 492, 508,
543
1953 — 280
1955 — 88
1959 — 48, 49, 84, 141
Jefferson, Thomas
1945—70
1955 — 152, 199
Jeffery, John
1948—376
1959 — 26
Jeffrey, John E.
1948 — 6, 234
Jehova's Witnesses
1949 — 565, 574
1953 — 181
Jelinek, Prof. Otto T.
1949 — 481
Jencks, Dr. Millard H.
1948 — 322
Jencks v. United States
1959 — 193
Jenks, M.
1949 — 173
Jenkins, Bill
1948 — 185
1949 — 561
Jenkins, David
1948 — 194, 235, 236
1949 — 424, 425, 429, 430,
689
1951 — 57, 64, 235
1953—250, 260, 266, 267,
269, 276
Jenkins, Edith
1953 — 248, 266, 274, 275
Jenkins, Essex G.
1948 — 15
Jenkins, Herbert
1949 — 438
Jenkins, Hyman David
1947 — 78, 79, 81, 85, 89-
91,97-101,103,145-
147, 153-156, 160,
163, 213
Jenkins, Kenneth
1948—339
Jenkins, Susan
1943 — 102
1948 — 302
1953 — 174
Jenner, Sen. William E.
1959 — 56, 57
Jennings, Talbot
1945 — 116
1948—251, 372
Jennis, Harold
1957 — 59
Jenofsky, A.
1948 — 196
Jensen, Peter
1948 — 273
Jerome, V. J.
1943—42, 45
1945—136
1947 — 63, 72, 106
1948 — 88, 90, 188, 189,
416, 423, 545, 622
1951—56
1953 — 67, 72, 139, 153, 173
1957 — 80
1959—113
Jespersen, Chris N.
1943—5, 6
Jessel, George
1948 — 114, 132, 255
Jessie Addison Bureau
1943 — 373
Jessup, Roger W.
1949 — 595
Jett, Ruth
1948 — 188
1949—563
Jett is, Ashley
1948 — 238
Jeveg, George
1945 — 175
Jewelry Workers Union,
Local 36
1947—80
Jewett, Al
1947 — 152
Jewish-American Lodge of
tlie International
Workers Order
1948—217
Jewish Anti-Fascist Com-
mittee of the Soviet
Union
1948—129
1949 — 179
Jewish Blackbook Commit-
tee of Los Angeles
1947—56
1949 — 323
Jewish Commission
1948 — 213
Jewish Commission of the
Communist Party
1948 — 130
Jewish Community Council
19 47 — 55
Jewisli Cultural Committee
of the West Side
1955 — 389
Jewish Daily Forward
1949 — 622
Jewish Hollywood Cultural
Club
195.5 — 389
Jewish Labor Committee
1949—551
Jeicish Life
1948 — 36, 49. 225
1949 — 390, 451, 540, 620,
622
Jewish People's Committee
1947 — 45
1948 — 75, 97, 145, 1G7, 342
1949 — 323, 453, 551
Jewish People's Fraternal
Order
1948—130
1949—324, 438, 406
1951 — 267, 287
1955 — 389, 390, 392
1959 — 128
Jewish Peoples Fraternal
Order, Emma Lazarus
Division
1951 — 267
Jewish People's Fraternal
Order, Lodge GGO
1951 — 267
Jewish People's Fraternal
Order, Lodge 761
1951—266
Jewish People's Voice
1948—225
1949—390
Jewish Survey
1948—119, 225
1949 — 390
Jewish Voice
1948^225
1949 — 390
Jewish War Veterans of
the U. S.
1948-15-19, 318
INDEX
297
Jewish Youth Council
1948—281
1951—25
Jewitt, Victor R.
1953—272
Jews
1943—247
1945 — 6
1959 — 20, 46
Jimenez, Arnufo E.
194S— 273
Job, Judith
1953—267
Jobe, Edwin
1947 — 242
1949—436, 437
Jodoin, C.
1959—97
Joga Singli
1953 — 219, 223
Johanson, C. E.
1947 — 152, 163
1951—278
Jolin B. Knight Company
1949 — 8, 684
John Reed Branch of the
Communist Party
1948 — 215
John Reed CUib
1947—68
1948—6, 35, 118, 270
1949 — 420, 467, 525
1953 — 175
1959—110, 112, 137
John Reed Club of Holly-
wood
1948 — 147
John Reed Club of
San Francisco
1948 — 6
John Reed Club School
1949 — 525
John Reed Clubs of the
United States
1949—324
John Reed Memorial
Meeting
1948-324
John Reed School of Art
1947 — 82
John Simon Guggenheim
Foundation
1955 — 221
Johndrew, Bernice
1948 — 17
Johnny Get Your Gun
19 48—251
Johnny Got His Gun
1948—133
Johns, Orrick
1945—121, 126
1948 — 274
1949—472
Johns Hopkins University
1955 — 242
Johnson, Aaron
1948 — 94
1949 — 554
Johnson, Mr. and Mrs.
Allan
1948—194
Johnson, Arlien
1948-376
Johnson, Arnold
1948 — 383
1959—32
Johnson, Arvid
1947 — 152
Johnson, Beatrice
1953 — 104, 105
Johnson, Rev. Bede A.
1948 — 328
Johnson, Carl E.
1949 — 173
Johnson, Charles S.
1948 — 334
1949 — 481
Johnson, Crockett
1949—481, 484, 490, 500,
501, 507, 521, 522,
527, 531, 532, 534,
53 7
Johnson, Earl
1948 — 185
Johnson, Edna Ruth
1949 — 481, 490, 500, 519
Johnson, Edwin C.
1948 — 333
Johnson Equipment Com-
pany
1951 — 267
Johnson, Ernest C.
1948 — 17
Johnson, Gardner
1948 — 333
Johnson, Grover
1943 — 125
1948 — 266, 332
1949—542
1959 — 124
Johnson, Rev. H. T. S.
1948 — 185
Johnson, Hall
1948 — 238
John.son, Hank
1948 — 268
1949 — 464
Johnson, Rev. Hewlitt
1943 — 52
1947 — 155
1948 — 172, 326, 352
1949 — 92, 507, 540, 633-
645
1951—153
Johnson, Hiram
1947 — 182
Johnson, Homer H.
1948 — 248
Johnson, Howard
1948 — 213, 378
1949 — 557
Johnson, James Weldon
1948—145, 199, 247
Johnson, Joe
1955 — 383
Johnson, John A.
1951—287
Johnson, John H.
1949—547
.Johnson, Howard
"Stretch"
1949 — 557
Johnson, Joseph
1947—152, 163
1949 — 429, 430
Johnson, Josephine
1948—274
1949—471
Johnson, Juanita
1948 — 268
1949 — 464
Johnson, Ken
1955 — 391
Johnson, Larry
1948 — 378
Johnson, Dr. Mordecai W.
1948 — 109, 318, 319, 320
Johnson, Oakley
1948 — 274, 338
1949 — 471
Johnson, Paul
1943 — 128, 130, 138
Johnson, Ralph
1948 — 188
1949 — 563
Johnson, Reginald
1947 — 179, 239
1948 — 171, 355
1949 — 481
Johnson, Roger
1943 — 154
1953 — 98
Johnson, Russell D.
1948 — 356
Johnson, Ruth
1948 — 17, 378
1949 — 557
1953 — 79, 120, 121
Johnson, Stanley
1953 — 104, 105
Johnson, "Walter E.
1947—202-204
Johnson, Willard
1957 — 33-35
Johnsrud, Harold
1948—96
Johnston, Ellice
1947 — 78
1949 — 424
Jolinston, Paul C.
1948—320
1949 — 691
Johnston, Velda
1943—127, 128, 131, 132,
136, 145, 151, 153,
156, 169
Johnstone, Jack
1949 — 178, 452
1953—230
Joint Anti-Fascist Refugee
Committee
1947—45, 79, 90, 93, 95,
249
1948—34, 35, 48, 66. 75,
100, 101, 125, 134,
138, 141, 168, 172,
176, 216, 217, 231,
232, 263, 264, 270,
271, 309, 334-336,
351, 368, 376, 382
1949—273, 280, 308, 322,
324, 359, 366. 451,
452, 453, 454, 455,
459, 460, 468, 469,
509, 551, 632, 656
1951 — 234, 235, 248, 258,
280, 287, 289
1953—118, 131, 172, 247,
281
1955 — 88, 181, 182, 184,
432
1959 — 112, 137, 208
Joint Anti-Fascist Refvgee
Committee v. McGrath
1959 — 141, 142
Joint Committee for the De-
fense of the Brazilian
People
1948 — 335, 363
1949—324
Joint Committee for Trade
Union Rights
1947 — 202, 210
1948 — 34, 381
1949—325, 452
Joint Committee National
Negro Congress and
United Public Workers
1948 — 271
1949 — 324
Joint Committee of Trade
Unions in Social Work
1948 — 34, 73
1949—325
Joint Committee on Eco-
nomic Education of the
Association of National
Advertisers and the As-
sociation of American
Advertising Agencies
1949 — 650
Joint Committee to Lift the
Embargo
1949 — 507
298
UN-AMERICAN ACTR'ITIES IN CALIFORNIA
Joint Defense Rallies Spon-
sored by Los Angeles
Public Workers — C.I.O.
1948—55
Joint Fact-Pinding Commit-
tee on Un-American
Activities
1943 — 206, 209, 383-385
1945 — 5, 64, 65, 159, 209,
210
1947—81, 83, 86, 87, 105,
132-134, 139, 142,
188, 372
1949 — 702, 707
Joint Trade Union Confer-
ence for Trade Union
Rights
1947 — 219
Joliot-Curie, Frederic
1949—490, 491, 496
Jones, Charles
1947 — 239
1948 — 255, 355
Jones, Claudia
1948—35, 186, 203, 205,
209, 213
1949 — 304, 562
1951 — 269
Jones, Darby
1943 — 145, 164
1948 — 315
1951 — 83
Jones, Dr. David D.
1949—481, 500, 506, 512,
514. 518, 519, 523
Jones, David N.
1949 — 519
Jones, Dora
1948 — 163
Jones, Ellis O.
1943 — 92, 96, 145, 230, 232,
251, 256, 258, 260-
263, 266, 270, 272,
275, 277
1948—358
Jones, Esther Lloyd
1947—324
Jones, Evelvn
1943—145
Jones, Georgia
1948 — 215
Jones, Prof. Howard
IMumford
1948—322
Jones, Howard P.
1948—333
Jones, Isabel Morse
1948—171
Jones, Joe
1948—141
Jones, John A.
1943 — 60, 63
Jones, John Hudson
1948—186, 233, 343
1949—562
Jones, Dr. Lewis TV^ebster
1948 — 322
Jones, Lillian
1943—154, 166, 171
Jones, Robert E.
1948 — 330
Jones, Russel
1948—187
1949—563
Jones, Thomas
1948—378
1949—557
Jones V. State
1949—254
Jones, William N.
1948 — 244, 273
1949—429, 431, 471
Jordan, C. H.
1948—358, 359
Jordan, Chester
1948—161
Jorgis, John N.
1949 — 177
Joseph, J. Julius
1959 — 174
Joseph, Joe
1935 — 311
Joseph, Matthew
1945 — 126
Joseph, Robert L.
1948 — 210
Joseph, Mr. and Mrs.
Svdnev
1948 — 194, 217
Josephson, Jessie E.
19 55—391
Josephson, Leon
1949 — 447, 448, 524, 677
Josephson, Matthew
1948 — 194, 248, 273, 330
1949 — 471, 481, 490, 499,
501, 502, 506, 508,
510, 512, 514, 516,
517, 518, 519, 521,
525, 528, 533, 535,
537
Josephy, Robert
1949 — 481, 490, 499, 502,
504, 512, 514, 518,
521
Josh, Sardar Sohan Singh
1953—230
Joshi
1953 — 238
Joshi, P. C.
1949 — 181
Journal of the Los Angeles
County Medical Asso-
ciation
1955 — 263
Journal of the State Bar of
California
1955 — 144
Joy, Lester
1948 — 356
Joyce, Robert
1949-481, 500, 537
Juala Singh
1953 — 2l8
Juando v. Taylor
1949—253
Juarez, Benito
1948 — 273
Judd. Rita
1951 — 2 78
Judevich, Mr.
1948 — 140
Judson, Charles
1943—153
Jue, Tonv
1947 — 89
1949 — 425
Jung, Harry S.
1947—96
1948—272
1951—57
1953 — 125, 126
Junior Leaguers
1951 — 9
Jurasek, Anthony
1953 — 256
Jurasek, Frank
1953—257
Jurich, Joseph F.
1945—147
1949 — 448, 449, 451
1953 — 63, 131
Juried, Sofie
1948 — 196
Jurist, Irma
1948 — 317
Jurlin, Joe
1955—388
Juvinall, Rev. Andrew
1947 — 242
1948 — 358
1949 — 436
KFVD Radio Station
1948—154
KGO Radio Station, San
Francisco
1948 — 215, 218
KNOJ
1949 — 126
KXLA Radio Station, Los
Angeles
1948—268
KYA Radio Station, San
Francisco
1948—217, 218
Kabat, Dr. Elvin A.
1949—481
Kadish, Dave
1948 — 340
Kadochnikov, Pavel
1953 — 234
Kafka, Jerry
1935 — 430
Kagan, Mimi
1947 — 89, 91
1949 — 425, 429, 431
Kagan, Mimi, Dancers
1933 — 253, 267
Kaganovlch
1959 — 45
Kaganovich, Lazar
1947 — 362
Kaeranovitch
1953—45
Kagen, Helen
1939 — 174, 176
Kagle, Sam
1947 — 78
1949 — 424
1951—231
Kahn, Albert
1949 — 502, 503. 505, 511,
513, 516, 522, 524,
526, 536
Kahn, Albert E.
1948—115, 119, 130, 132,
169, 208, 218, 324,
326 343
1949 — 449,' 451. 481, 485,
486, 489, 490, 491,
500, 505, 508, 515,
516, 519, 522, 523,
527, 530, 532, 535,
537, 539, 618, 689
1951 — 271, 272, 275, 276,
278
Kahn. Alexander S.
1948 — 176, 377
Kahn, Elinor
1948 — 62
1949 — 470
Kahn, Ephriam
1953 — 282, 283
Kahn, Gordon
1947 — 97
1948 — 372-374
1949 — 630
1951 — 53
1955 — 441
Kahn, J.
1955-389
Kahn, Josephine
1948 — 278
Kahn, Peter, Jr.
1947 — 179
1948 — 202, 383
Kahn, Peter M.
1948 — 183, 209, 279
Kai Nippon Seinenkai
1943 — 323
Kaiser, Clara A.
1948 — 375
INDEX
299
Kalar, Joseph
1945 — 119
194S— 273
1949 — 471
Kalatozo, Mikhail
194S — 365
1949 — 524
Kalsaard, Don
194S— 215, 220
Kalinin, Michael
1943 — 15
1949 — 162
Kalish, Betty
1948 — 227
Kalish, Samuel
1943 — 136, 156, 163
Kail. Dr. Alexis
1948 — 171
Kallett, Arthur
1953 — 174
Kalley, Arthur
(Alias Edward Adams)
1943 — 102, 104
1945—121
1948—167, 328, 352, 392
1949—302
Kalman, Bernice
1947—40
1953 — 282
Kalman, Gene
1953—282
Kalman, Gertrude
1953 — 277
Kalman, Herb
1948 — 215, 220
Kalman, Herbert Stanley
1953 — 255, 256, 257, 263,
282
Kalma n, James E.
1948 — 215
1953 — 277
Kalman, Ted
1951 — 265
Kalman, Theodore M.
1953—277, 279, 282
Kalman, Theresa
1948 — 220
Kalnit.skv, Pi'of. George
1949—481
Kaltenborn, H. V.
1948 — 244, 248
Kamen, Dr. David Martin
1951—229, 230, 238, 242
Kamenev
1953 — 36, 38, 39, 44, 46,
65
1957—30, 85, 91
Kamenev, L. B.
1951—143
Kametsky, David Martin — •
see also Kamen, David
Martin
1951 — 230
Kamin, Alfred
1948 — 151
Kamins, Dr. Maurice
1947 — 239
1948 — 355
Kammet, Lawrence
1948 — 375
Kana, Gawa Deshikai
1943—323
Kanagy, Albert S.
1955 — 417, 418, 419
Kanaster, Jacob
1948—259
Kandel, Aben
1943 — 123
1948 — 193
Kandel, Judith
1948 — 277, 278
Kane, Bryan
1948—356
Kanin
1955—103
Kanin, Garson
1948 — 241
1949 — 481, 500, 502, 512-
514, 519, 523, 533
1951—271
Kanin, Michael
1948—97, 198, 241, 279
1949 — 510
1951—53
Kanins, Dr. Maurice
1955 — 390
Kanowitz, Leo
1953 — 277, 278, 282
Kant
1947—85
Kaplan
1955—278
Kaplan, Irving
1959—172, 173, 174
Kaplan, Joseph
1948 — 270
Kaplan, Mrs. Joseph
1947—239
Kaplan, Leon
1948—213, 214, 343
Kaplan, Martin
1947 — 145-158
1948 — 8, 281, 298, 299, 300
Kaplan, Maurice
1943—171
1957 — 35-42, 47, 53, 54, 55
Kaplan, N.
1955 — 389
Kaplan, N. H.
1955—389
Kaplan, Sol
1948 — 317
Kaplin, Vic
1955—388
Kaplow, George
1949 — 549
Kaplunoff, Mr.
1955—389
Kaplunoff, Mrs.
1955 — 389
Kapp, David
1949 — 543
Kappa Delta Pi
1953 — 151, 152
Kappa Delta Pi, Laureate
Chapter
1953—151
Kappa Delta Pi, Research
Publication No. 3
1953 — 151
Karayorghis, Kostas
1949 — 181
Kai'l Marx
1949—190
Karl Marx, His Life and
Work
1949 — 193
Karl Marx Selected Works
1951—152
Karl Marx Society of
Brooklyn College
1949 — 325
Karnat, Stephen
1948 — 278
Karnes, Doris
1948 — 356
Karnes, Robert
1948—356
Karpatska Rus
1949 — 181, 467
Karpf, Dr. Maurice J.
1947 — 96
1948—183
Karpf, Maurice J.
1955 — 452
Karpla'n, Seymour
1948 — 280, 281
Karpman, Dr. Walter
1955 — 288
Karron, Ruby
1948—259
Karsner, Rose
1948 — 243, 206
Kartun, Derek
1949 — 181, G26
Karvvoski, John
1953 — 279, 282
Kashins, Beulah
1943 — 140
Kasonin, Dr. and Mrs. Jacob
1948—194
Kasperov, Gregory
1951 — 231
Kass, Alvin
1955—391
Kass, Thems
1948—259
Kassner, Minna F.
1948 — 272
Kassvanowicz, Henry
1949—492
Kasurui, Tomo
1943—346
Kasustchick, I.
1948—268
1949—464
Kathleen Bureau
1943—373
Katleman, Isobel
1948—210
Katlow, Beatrice
1955 — 367
Katlow, Dr. Edward
1955 — 367, 370
Katnic, Ivan
1948 — 94
1949 554
Katterfield, D. E.
1947 — 12
1949—177
Katz, Charles
1947—64, 70, 170, 179,
188, 189, 193, 239,
250
1948 — 97, 146, 148, 249,
250, 255, 267, 279,
332, 346, 355
1949 — 417, 421, 478, 542,
689
1951—57, 58, 59
1955 — 315
1959—115, 128
Katz-Gallagher-Margolis
1947—47, 70, 187-189, 192,
250, 251, 254
1948—267
1949—421
Katz, Isidore
1948 — 265
Katz, Julia
1948 — 227
Katz, Marshe
1948—196
Katz, Mini
1947 — 90
Katz, Morris
1948—151
Katz, Otto
1948—119
Katz, Paul
1949 — 481, 508
Katzeff
1949 — 246, 247
Kauffman, Harry
1948 — 311
Kauffman, William
1947 — 91
1949 — 425
Kaufman, Mrs. Beatrice
1948 — 262
Kaufman, Ben
1949—547
Kaufman, Mrs. Edith
1948—179
300
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Kaufman, George
1948 — 210. 241, 330, 343,
389
Kaufman, Dr. Joseph
1959 — 184
Kaufman, Milton
1948 — 201, 202
1949 — 442, 447, 451
Kaufman, Sidney
1947—151, 163
1948 — 389
Kaufman, Sol
1947 — 152
Kaun, Dr. Alexander
1948—145, 185, 328, 359
1951 — 53, 235
1953 — 259
Kavinoky, Dr. Nadina
1948—278
Kay, Helen
1943 — 100
1949 — 329, 395
Kay, Laurence
1948 — 311, 312
Kaye, Danny
1948 — 210, 254
1949 — 688
Kaye, George
1948 — 94, 213
1949 — 554
Kaye, Nora
1949 — 481, 490, 509, 516
Kayser, Marie L.
1948—328, 352, 358, 359
Kazakevich, Vladimir
1949—414
Kazan, Elia
1948—241
1949 — 543
Kazan University
1953—25
Keane, Augrustin C.
1955 — 452
Keating, Fred
1948 — 378
Keating, Dr. James M.
1948 — 17
Kebei
1943 — 322-323
1945 — 48, 52
Keene, Albert
1943—126
Keeney, Mary J.
1959 — 172. 173
Keenev, Philip
1959—173. 174, 175
Keeney, Philip O.
1949 — 481, 505
1951 — 278
Keeny, Spurgeon
1948 — 193
Kehar Singh
1953—219
Keith, J. E.
1948—171
Keitly, Irvin
1948 — 196
Kellems, Jesse Randolph
1943 — 5, 6
1945 — 5
1951—1
Keller, Helen
1948 — 324, 330
Keller, Julius
1949 — 429, 530
Keller, Kent
1948 — 226
1949 — 2
Kelley, Hack (see
Lack Gleichman)
1948 — 220
Kelley, Robert
1948 — 226
1949—252
Kellner, Chas.
1948 — 268
1949 — 464
Kellogg Pact
1943 — 42
1948 — 332
1949 — 31, 87, 541
Kellv, Betsv
1951 — 267
Kelly, Ella Cook
1947—167
Kelly, Gene
1947—235, 237, 239
1948—60, 97. 210, 251.
311. 354. 355, 393
1949 — 543, 629, 689
Kelman, Howie
1948 — 339
Kelso, Pauline
1943 — 382
Kelton, Pert
1948 — 240
Kemnitz, Milton N.
1948 — 201, 202
1949 — 449
Kemnitzer. Ede
1948—113
Kemp, ISIuriel Roberts
1947 — 113, 115
Kempler, Dr. Walter
1951 — 267
1955 — 79, 267
Kendzia
1943 — 226
Keneko, Robbin
1943 — 337
Keniston, Hayward
1949 — 483. 4S8, 500
Kenmots^i v. Nagle
1949 — 246
Kennan, Ellen A.
1948 — 270
Kennard, Rev. J. Spencer
1951 — 278
Kennedy, Arthur
1949 — 481
Kennedy, Harold W.
1949 — 596. 598
Kennedy, J. Richard
1948 — 210, 374
Kennedv, Kenneth
1948 — 378
1949 — 557
Kennedy. P.
1959 — 97
Kennedy. Stetson
1949 — 481, 490, 500, 506.
514, 535
Kenny, Robert W.
1943 — 162, 210
1947 — 48-59, 89, 93, 96, 97,
142. 179, 188, 234.
235, 237, 239. 242,
249
1948 — 58, 60, 62, 92, 116,
151, 152, 183, 198,
202, 206, 217, 239,
241, 244, 2.',0, 254,
255, 256, 265, 267,
308-310, 319, 332,
346, 354, 355, 358,
378
1949 — 309, 435, 436, 446,
470, 478, 481, 484,
489, 490. 499, 503,
504, 508, 509, 514.
519. 530, 542, 557,
561. 625, 632, 679,
689
1951 — 56. 57. 58. 59, 92,
93. 229. 255, 263,
268, 271, 272
1953 — 78. 86, 99, 100, 172,
280
1955 — 208, 387, 390, 392
412. 413, 414, 415
1959 — 207
Kent, Francis
1948 — 377
Kent, Irene Tedrow
1955 — 447
Kent, Paul
1948 — 392
Kent, Rockwell
1948—113, 114, 131, 141.
151. 163, 169. 189.
196. 200. 208, 211,
234, 249, 266, 268,
310, 324, 350, 353,
357, 359, 377, 389,
391 392
1949 — 449i 465, 481, 488,
490, 491, 498, 501.
502, 503, 504. 505,
506. 508, 509. 510,
512. 513, 514. 51.T,
516, 517, 518, 519,
520, 521, 522, 523,
525, 528, 530, 531,
533, 534, 535. 536,
537, 545, 546
1951 — 92, 93, 261, 271,
272, 275, 276, 281,
284, 287
1953 — 131, 140, 171, 172,
173, 174, 175. 176,
279. 280, 281
1955 — 112
1959—184
Kent, Prof. T. J., Jr.
1949 — 481
Kent, Wm. E.
1945 — 13
Kenton, Robert Julien
1949 — 179
Kenyon, Dorothy
1948 — 109, 113, 181. 227,
228, 277, 324
1949 — 452
Kepner, J.
1948—226
Kerby, Phillip
1955—359, 360^ 361
Kerekes, George
1947 — 96
Kerensky, Alexander
1947 — 9, 361
1949—204
Kern, Edward K.
1948 — 193
Kern, Jerome
1948 — 251, 255, 311
Kern, Jim
1947 — 154
Kern, Paul J.
1948 — 265, 328, 331
1949 — 146, 327, 541
Kerner, Judith
1953 — 248, 267
Kerner, Prof. Robert J.
1948—358
1953 — 172
Kerner, William
1949 — 429, 430
1951 — 130, 133, 142, 276
277, 278
1953 — 174, 267, 275, 280
Kernodle, George R.
1949 — 481
Kerns, Robert
1948 — 356
Kersey, Vierling
1947 — 131-133, 137
Kershner, Frederick D.
1948 — 320
Kertman, Aaron
1947 — 96
Kerwin, Jan-Marie
1955—391
INDEX
301
Kerzhentzev, P.
Kilpatrick, Assemblyman
1949 — 192
Vernon
Keshar Singh
1951 — 244, 245, 246,
247,
1953—223
248, 249, 250,
251,
Kesselring
252, 253, 254,
255,
1949—40
256
Kessler
Kilpatrick, Dr. Willian
1 H.
1949—246
1948 — 193
Kessler v. Strecker
1951 — 92, 93
1949 — 250
1953—153, 176, 281
Kester, Howard
Kim, Diamond
194S — 244
1955—344, 345
Ketcham, C. D.
Kim 11 Sung
1948—270
1953—241
Keyes, Evelyn
Kimbrough, Jess
1948 — 60, 210, 211, 251,
1945 — 127
255
Kindler, Hans
Keynes, John Maynard
1948 — 317
1949 — 42G
King, Dr.
Keynote Recordings Inc.
1955—101
1948—392
King, Carol Weiss
1940—325, 543
1948—114, 151, 196,
226,
Khalsa College
248, 265, 266,
328,
1953—231
331, 333, 353
Kheifets, Gregori
1949 — 449, 541, 632,
635
Markovich
1951 — 92, 93, 260, 261.
1951—212, 230
262, 263, 264
Khrushchev, Nikita
1953—174, 175, 176,
177
1957—30, 31, 65, 72, 74,
King, Conner and Ramsey
75, 76, 77, 88, 92,
Defense Committee
93, 94, 95, 96, 97,
1948 — 34, 61
101, 109, 127
1949 — 325
1959 — 30, 35, 36, 37, 38,
King, Conner, Ramsey Case
40, 46, 55, 105, 144,
1943 — 176, 177, 198,
199
147, 169, 171, 178,
King, Earl
179, 180, 183, 194,
1943 — 150, 177-179,
183,
195
184, 190-192
Kiang, Hilde
King, Dennis
1949 — 481
1948 — 96
Kibre, Jeff
King, Don
1943 — 53, 82
1948—251
1945—148
King, Frank
1947—96, 172
1943 — 266-268
1948 — 182, 183, 256, 383
King, H. J.
1949 — 93, 146, 408, 560,
1945 — 28
689
King, LeRoy Carlin
1955 — 450
1955—32, 33, 40
1959 — 99
King, Pete
Kidd, Prof. A. M.
1945 — 139
1947—88, 94
1948 — 185
1948 — 194
King-Ramsay-Conner Case
1949 — 425
1959—130-131
1953—260
King, Ramsay, Conner
Kidd, Michael
and Wallace
1949—481, 516
1943—177-199
Kido, Saburo
Kingdon, Dr. Frank
1945—62
1947—233, 235, 236
Kidwell, George
1948 — 59, 113, 145, 179,
1943—88
181, 262, 270, ;
354
1948—185
Kingman, Harrv L.
Kievits, Jules
1947—110, 111
1943 — 158, 159, 163
Kievits, Elsa
Kings County Hospital
Brooklyn
1955 — 391
1955—87
Kievitz, Jules
Kingsbury, John A.
1955—391
1948 — 169, 170, 322,
350,
Kilanes, John
357
1948 — 378
1949 — 481, 491, 499,
504,
1949 — 557
505, 506, 508,
510,
511, 518, 527,
528,
Kilbourne, Katherine
530, 531, 532,
533,
1943 — 124, 125, 163
534, 537, 545
1948 — 110
1953—171
Kilbourne, Mrs. Norman
Kingsbury, Susan M.
194S — 277, 278
1948-248
Kilburn, Terry
Kingsbury, Zelma
1948 — 356
1955—424
Kilgore, Dr. Eugene S.
Kingston, Ross N.
1948 — 358
1948—249
Killan, Victor
Kinkead, Beatrice
1955 — 316
1947 — 77
Kiloran, Patricia
1949—423
1948 — 343
Kinsey, Katherine
1949 — 689
1948—376
Kipnis, Alexander
1949 — 481, 500, 509, 511,
533
Kirby, Emmett
1947 — 77
1949 — 423
Kircher, Miss Emma
1948 — 17
Kirchwey, Freda
1948 — 107, 113, 151, 179,
247, 277, 278, 327,
328, 334, 352, 358,
390
1949 — 486, 689
1951 — 56, 60, 92, 93
1953 — 171, 172, 173, 176,
177, 280, 281
Kirk, Frank C.
1948-261
Kirk, Thomas
1943 — 61, 63, 64
Kirkpatrick, Bert
1948—17
Kirkpatrick, Nathan
1943 — 145
Kirman, Luke
1948-94
1949 — 554
Kirov, Sergei
1953 — 42, 43
Kirpalani, S. K.
1953—244
Kirsteen, Lincoln
1945 — 121
1948 — 392
1949—543
Kirtley, Jack
1947—91
Kishan, Singh
1953—218, 219
Kiss of Death
1957 — 28
Kister, Mary
1948—17
Kitzes, Max
1948-261
Kiwanis International
1948 — 17, 18
1949 — 637, 650, 657, 670,
671, 675
Kiwanis Magazine, The
1949—658, 671
Klampner, Sam
1955—389
Klapperman, Clara
1948—179
Klare, Charles
1948 — 339
Kleber, General Emil
1949—179
Kleboen, Selma
1955—391
Klein, Henry
1948 — 179
Klein, Herber A.
1948 — 195
1949 — 382, 421
Klein, Herbert
1945 — 174
1947—70
Klein, Herbert M.
1955 — 460
Klein, Joe
1948 — 214
1955 — 389
Klein, Peter W.
1948—356
Klein, Philip
1948—375
1949 — 481, 500, 504, 507,
512, 518, 521
Klein, Rose
1955 — 389
Klein, Saul
1943—125
302
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Kleinke, Mrs. Dana
1948 — 17
Kleinow, John H.
1948—94
1949 — 554
Kleinsinger, George
1949 — 481, 500, 504
Klement, August
1953 — 39
Klemperer, Otto
194S — 317
Kline, Herbert
1945 — 121
1948 — 210, 274
1949 — 471, 689
1955 — 460
Klingeiider, F. M.
1949 — 191
Klovvden, Nina
1948 — 281
Klynn, Herb
1947 — 73
Knight, Eric
1948 — 234
Knight, Goodwin J.
1955 — 453, 454
Knight, John B. (See John
B. Knight Co.)
1949 — 684
Knights of Pythias
1948 — 16-18
Knopf, Edwin
1948—251, 255
Knowland, William F
1949 — 117
1959 — 35, 39
Knowland
1955 — 215
Knowles, Harper
1948 — 17
1949—601, 606
Knowlton, Clifford H.
1955 — 424
Knowlton, Dr. John C.
1948 — 17
Knox, Alexander
1947 — 72
1948—97, 171, 211, 357
Knox, Judge
1947 — 8
Knox, Mickey
1948 — 356
Knox, Rev. Owen
1948 — 162, 329
Kober, Arthur
1945 ]^27
1948 — 113, 189, 210, 244,
249, 338, 378, 391
Kobin, Robert
1948 — 343
Koblick, Fred
1947—91
Koblik, Freda
1947 — 89
1949 — 425
Koch, C. Franklin
1948 — 320
Koch, Howard
1945—116, 117
1947 — 141, 179, 191, 239
1948 — 58, 170, 171, 202,
241, 255, 279, 355,
357
1949—478, 481, 500, 679,
689
1951— 53, 271, 272, 380
1955-387
Koch, Liucien
1949 — 297
Kocharsky, John
1949 — 414
Kodoism
1945—48
Koenig, Lester
1948—372, 374
Koenigsburg, Raphael
1948 — 231
1949 — 459
1955 — 390
Koerner, Ray
1948 — 273
Koesian, Arniand
1947 — 90
Kofahl, C. C.
1949 — 437
Kohl, Adeline
1948 — 186
1949 — 562
Kolilman, Fred
1948 — 210
Kohn, Rabbi Jacob
1948 — 152, 198
Kojder
1949—122
Kolar, Mrs. Julia Church
1948 — 227
1949 — 457
Kolarov, Vassil
1949 — 117
Kolb, Dr. and Mrs. Leon
1948 — 216
Kolkin, Miriam
1948 — 343
Kollantai of Russia,
Mme.
1948—227
1949 — 457
Kolodny, Sidney, Dr.
1955—134, 135, 136, 137,
138, 139, 165, 367,
380, 393
Kolowski, Walter
1947 — 96
1948—183
Kolthoff, Prof. Isaac M.
1949 — 481, 484, 500, 509,
518
Kominsky, Morris
1955 — 389
Komorowski, Conrad
1948 — 95
Koner, Pauline
1949 — 481, 500, 509, 513,
537
Konigsberg, Raphael
1945 — 478, 689
1947—239
1948 — 161, 355
1949 — 478, 689
1955 — 383
Konir/sberc/ v. California
1959 — 197
Konifjsherg v. State Bar of
California
1959 — 192
Koontz, Goody
1947—324
Kopf, Maxim
1948 — 114
Kopiloff, Pauline
1955—389
Kopp, Colin D.
1949 — 486
Koppelman, Dr. Harold
1955 — 79, 112. 266, 288,
326, 367
Koran, Dr. Aaron
1951 — 267
Korczye, General
1949 — 121
Korean-American Defense
Committee
1955—389
Korean Culture Society
1948—112
1949—325
Korean Independent News
Company
1948—112
1949—325
Korean Independent
1955 — 345, 389
Korean Independent Press
1955 — 344
Korean Independents
1951 — 266
Korean War
1959 — 84
Korchein, Jules
1947 — 202
Korenice, Charles
1949—414
Koret, Joseph
1947 — 89, 93
Koretsky, Sanford
1953 — 282
Kori, Lee
1948 — 356
Korn, Eva
1948 — 259
Kornacker
1947 — 203, 204
Kornblatt, Sam
1949 — 546
Korneff, Constantin C.
1948-170, 177
1951 — 286
Korneichuk, Alexander
1949 — 413
Kornfeder, Joe
1949 — 608
Korngold, Murray, Dr.
1955 — -186, 187, 188, 189,
190, 191, 192, 313,
317
1959 — 125
Korofsky, Morris
1949 — 464
Koshland, Dan E.
1947—89, 93
Koshlenko, Wm.
1948 — 248
Kosher Slaughter
1943 — 241
Kositsky, Jack N.
1953 — 27S
Koster, Frederick J.
1947 — 89
Kostufra
1955 — 180, ISl
Kotin, E. E.
1947 — 180
Kotkin, Mrs. Emanuel
1948 — 146
Kotylansky, Chaim
1948 — 183
Kotterman, Hubert
1943 — 151, 155
Kournakoff
1951 — 54
Koussevitzky, Serge
1948—311, 317, 323, 324
1949 — 538
Kovacs, Bela
1949 — 114
Kovan, Dr. & Mrs. Maurice
1948 — 172
Kovner, Fay
1953—90, 91, 92, 106, 121
Kovner, Jeanette
195.^ — 90, 91
Kovner, Joseph
1948 — 265
Kovner, Julius
1953 — 90, 91
Kowalski, Joseph
1949 — 179
Kozienko, Mr. and Mrs. Wm.
1948 — 183
Kozienko, Mr. and Mrs. Wm.
1947 — 96
Kozienko, William
1955—439, 440
Kraft, Dr.
1955—430
INDEX
303
Kraft, Edwin
1948 — 281
Kraft, Senator Fred H.
1947 — 4, 262, 372
1948 — 3, 15
1949—7, 65
1951—1
Kraft, H. S. (Hi)
1947 — 179, 183, 185, 188
1948-97, 104, 105, 189,
250, 256, 279
1951 — 53
Kraike, Michel
1948 — 210
Krall, Steve
1949 — 414
Kramer, A. Walter
194S — 311
Kramer, Aaron
1948 — 226
Kramer, Al
1955 — 389
Kramer Case
1959 — ISn
Kramer, Cliarles
]^95l 90
1959 — 172, 173, 174, 175
Kramer, Harry
1948 — 342
1949 — 545
Kramer, Ned
1947 — 89
1949 — 425
Kramer, Wendell
1947—117, 289, 290, 315
1949—436
Krapf, Edwin
1948 — 280, 339
Krasich, Martin
1949 — 414
Krasna, Norman
1948 — 210
Kraus, Hanna Clara
1957 — 50, 51
Krause, Jane
194S — 17
Krause, John
1948 — 179
Kravchenko, Victor
1947 — 117, 289, 290, 315
1949 — 62, 678
Kravif, Hy
1949 — 179
Kreman, Max
1948 — 266
Kremlin — see Russia
Kremyborg, Alfred
1945 — 126-127
1947—106
1948 — 113, 136, 189, 192,
201, 249, 270, 274,
278, 328, 340, 352
1949 — 472, 481, 490, 499,
501, 504, 506, 509,
510, 512, 513, 514,
515, 516, 517, 518,
519, 520, 521, 527,
528, 529, 531, 534
535, 536, 537
Kreuger, Olga
1943 — 140, 145
Krieger, General
1949 — 179
Krivitsky, Walter G.
1949 — 159, 230
Krock, Arthur
1949 — 16
Krohn, Henry
1947 — 155
Krokodil
1949 — 552
Kroll, Edith
1948 — 356
Kroll, Jack
1947 — 235
Kroll, Leon
1948 — 240, 263, 323, 330
1949 — 481, 484, 500, 504,
514, 515, 518, 522,
530, 538
Kroll, Wm.
1948 — 311
Kromer, Tom
1948 — 341
Krone, Max D.
1948 — 317
Kronish, Herbert
1955 — 387
Kross, Ann M.
1948 — 183, 202
Kruczkowski, Leon
1949 — 497
Krueger, Karl
1948 — 317
Kruhe, Ludwig
194S — 95
Krumbein, Charles
1948—212, 213
1949 — 157, 179, ISO
Krupkin, Nathan
1947 — 96
1948 — 183
Krupskaya, N.
1945—119
Krutch, Joseph W.
1948 — 330
Krzycki, Leo
1948—114, 198, 318
1949—414, 415, 491
Ku Klux Klan
1943—229, 230, 245, 246,
280
1947 — 57-60, 62, 369
1949 — 550, 705
1951 — 3, 40, 41, 46, 47, 66
1955—421, 422
1957—114
1959 — 49, 141
Ku Klux Klan, Alabama
Director
1951 — 40
Kubik, Gail
1948 — 317
Kubose, Masao
1943 — 322, 325, 328
Kubota, Sakugaro
1943 — 337
Kubota, Takaki
1943 — 338
Kugelman, Dr. Ludwig
1949 — 204, 223
Kuhl, Calvin
1948—255
1951 — 55
Kuhlman, Griselda
1945 — 148
Kuhn, Minette
1949 — 547
Kujawa, Jan
1949—546
Kuldip, Singh
1953 — 223
Kummel, A.
1955 — 389
Kun, Bela
1949 — 173
Kunitz, Joshua
1945—119, 121, 126, 127
1948—151, 194, 270, 273,
341
1949—213, 471, 481, 499,
508, 510, 512, 516,
519, 525, 530, 533,
534, 537
Kuniyoski, Yasuo
1948-114, 151
Kuntz,- Professor
1957 — 26
Kuntz, Prof. C.
1948 — 196
Kuntz, Edward
1948—266, 270
Kunze, Wilhelm
1943 — 225, 235
Kuomintang
1948 — 142
Kurihara, Joe
1943 — 350
Kurnitz, Harry
1948—97, 210, 211, 251,
255, 261, 279
1951—53
Kurzer, Herbert
1948 — 213
Kushner, Isaac
1951—281
Kutnick, Sam
1948—343
Kuttler, Mr. and Mrs. Joseph
1948 — 194
Kuusinen, Otto
1940—160, 169, 259
1951 — 1\ 257
Kwang-m\ng Daily
1957—138
Kyle, Rev. D. V.
1959—185
La Belle, Aileen
1948 — 13, 220, 221
Labor Action
1957—43, 67, 68, 74, 75,
76
Labor and Defense Institute
1949—416
Labor and Peace Institute
1947 — 64
Labor Defender
1948 — 49, 106, 143, 225,
265, 266, 365
1949—390
1959—122
Labor Defense
1957 — 88
Labor Forum
1955 423
Labor Herald, C.I.O.
1948 — 218, 225
1949 — 391
Labor Herald, The
1947 — 158, 187
1948 — 225, 239, 349
1949 — 179, 391
1953 — 58, 268
Labor International
Handbook, The
1953—231
Labor League for Peace
1955 — 389
Labor Lyceum
1949 — 325
Labor Merger, The
1957 — 79
Labor Monthly
1953 — 231
Labor News Bulletin
1949—391
Labor Notes
1949 — 391
Labor Party
1949—174 . .
Labor Research Association
1948—47, 49, 145
1949_326, 345, 391. 460,
461, 547, 621
1959 — 137
Labor Research, Inc.
1949 — 466
Labor Sports Union
1949 — 326
Labor Unity
1948 — 9, 160, 225
1949—391
304
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Labor Youth League
1951 — 13, 14, 15, 18. 19,
20, 21, 22, 23, 24,
25, 26, 27, 28, 29,
30, 31, 32, 33, 34,
35, 36, 63, 265, 266
1953 — 99, 126, 136, 195,
198, 245, 258, 260,
2 7S
1955 — 402, 420
1957 — 5, 21, 23, 28, 73,
74, 75, 76, 78, 79,
95
1959 — 84, 137
Labor Youth League, Los
Angeles Branch
1951 — 24
Labor Youth League, Na-
tional Organizing
Conference
1951 — 22, 23
Labor Youth League, Na-
tional Organizing Con-
ference Chairman
1951 — 22, 23
Labor Youth League, Or-
ganizing President
1951 — 26
Laborde, Hernan
1951—274
Labor-Progressive Party
1949 — 46
Labor's Nevs
1948—225
1949 — 391
Labor's Non-Partisan
T^eague
1947—169, 170
1948 — 7, 253. 272
1949—90, 146, 299. 326
1953 — 93
1959 — 22, 23, 24, 32. 34,
91. 137, 209
Labor's Nonpartisan
League in California
1959—17, 18
La Cava, Beryl
1943 — 129, 136
Lack, Fredell
1949 — 481
Ladar. Mr. and Mrs. Sam
1948 — 194
Ladd, Daniel L.
1947—75
Ladies Auxiliary of Veter-
ans of Foreign Wars
1948—17. IS
Lae.'jsie, Albert
1948 — 330
La Farge. Christopher
1948 — 240
La Farge, Oliver
1948 — 181, 199, 327, 330,
391
LaFargue
1953—24
Lafargue. Paul
1949 — 193
Laferte, Elias
1945—103-115, 211
Laffertv, Nori
194S — 215
1953 — 282
Lafferty, Nori Ilveda
1955 — 402
Lafferty, Norris
1953 — 277
Lafferty, Travis
1953 — 278
1955 — 402
1959 — 203
La Follette Party
1949 — 163
Laforge, Frank
1948—311
La Galliene, Eva
1947 — S9
La Guardia, Fiorello H.
1947 — 233
1948 — 226
Lahiri, Soni Nath
1953—231
Laidler, Harry "W.
1948 — 248
Lain',;. Graham A.
1948 — 328, 352
Laisne. Dr. Eugene W.
1943 — 356, 366-369
Laisve
1948 — 119
1949 — 391
Lakar Singh
1953-216
Lake, Mary
1947—163
Lai, G. B.
1953 — 215
Lallemant, Alfred
19 48 — 94
1949 — 554
La Mar, R. G.
1945 — 208
Lamb, Edward
1948 — 198, 265. 266, 328,
331, 332
1949 — 541
Lambert, Carl Rudy — see
Lambert, Rudy
Lambert, Howard
1947—71
1949—422
Lambert. Rudy
1943—125. 126
1948—316
1949 — 689
1951 — 177, 186, 187, 188,
189, 190, 191, 192,
193,
196,
197,
198.
200,
201,
202.
206,
207,
208,
212,
228,
232.
234,
235!
242
1953-
-241
Lambert, Walter
1951-
-187,
188,
189.
190,
191.
195,
196
Lamberton, ]
Harrj
r C.
1948-
-151
1949-
-481,
512
488,
490.
500,
Lamonia, Johnnie
1948-
-283-
■285, ;
303, 305
Lamont
, Corliss
1943-
-32
1948-
-97,
109,
141.
151.
194,
234,
244,
270.
274,
322,
326,
328.
334,
338,
341,
352.
357,
377
1949-
-461,
471,
481,
488.
490,
498,
503.
504.
509,
510,
512.
513.
514,
516,
518,
519.
520,
525,
527.
528.
530,
531,
532.
533.
534.
535,
537,
538,
539,
545
1951-
-271,
272
1953-
-171.
174.
175
Lamont,
, Margaret I.
1948-
-244,
248
Lamont,
, Mrs,
. Thomas W.
1948-
-324
Lamp, The
1949-
-5 47
Lampe,
"W^illiam E
1948-
-320,
321
Lampell
, Millard
1947-
-106
1948—
-198,
392
241,
318,
378,
1949—481, 489, 490, 500,
503, 506, 513, 514,
515, 526, 527, 535,
536, 537, 543, 557,
689
1951 — 272
Lamson, David
1945 — 127
Lancaster, Burt
1948—210, 211, 241
Lancaster, H. Carrington
1948 — 324
Lancaster, William W.
1948 — 169, 170, 324
1949 — 412
Lancelot, Sir
1949 — 542
Land, Edward
1948 — 328
Land of Ike Russian
PcojJle, The
1947 — 114
Land of the Soviets
1947—313, 314, 316, 317,
320-322, 354, 370
1948 — 326
1949 — 539
Land, Yetta
1948 — 265, 266
Landau, Ethel
1948—215
Landau, Felix
1949 — 548
Landeau, Herman
19 5 9 — 175
Landeck. Armin
1948 — 331
Landis. Arthur
1948 — 116
Landish. Vicki — see also
Fromkin, Vicki
Landish
194S — 184, 185, 188
1949 — 561. 653, 689
1951 — 24. 26, 29, 32
1953 — 259
Landisman. Joseph
1953 — 248
Landman, Dave
1948 — 339
Landor, AValter
1947 — 04
Landwache
1943—220
Lane, Al
1943—130, 137, 141, 142.
146, 159, 163
1948 — 256
Lane, Arthur
1949—654
Lane, Arthur Bliss
1949 — 116, 121
Lane, Bryant
1955 — 405
Lane, Clayton
1949—694
Lane, Eddie
1947 — 151, 163
1948 — 288
Lane, Glenn A.
1951—245, 249, 254, 256
Lane. Rev. Herrick
1948 — 144. 185
Lang, Fritz
1948 — 193, 239, 373, 378
1949 — 557
Lang, Paul Henry
1948—317
Lange, Arthur
1948—317
Langer, Walter
1947 — 324
INDEX
3o:
Lang:ford, Howard David
1953—139, 140, 151, 152,
153, 154, 155, 150,
157, 158, 163, 164,
167, 170, 171, 173,
174, 175, 176, 177,
181, 184, 186, 197,
208, 245
Langhorst, Fred
1947 — 94
Langrnuir, Dr. Irving
1948—324
Langton, Frederick
1943 — 60, 113
Lanliam Act
1948—229
Laning, Claire
1943 — 139
Lanius, Charles
1945 — 16
Lannon, Al
1948 — 213
Lanzoni, Rino G.
1943—284
Lao Sheh
1957—135
Lapidus, Daniel
1948—392
Lapin, Adam
1947 — S3, 84, 91
1948 — 338, 342, 343, 377
1949—545, 627
Lapin, B.
1948 — 196
Lapin, Eva
1948—343
Lapinsky, P.
1949 — 179
Lapp, Dr. John A.
1948 — 109, 226, 273
La Ressegna Commerciale
1943—285, 299, 312, 315,
316
Lardner, John
1948 — 240
1949—481
Lardner, Ring, Jr.
1947—96
1948 — 97, 105, 176, 183,
189-193, 239, 258,
261, 265, 360, 372
1949 — 481, 484, 489, 490,
500, 504, 510, 514,
515, 516, 519, 520,
522, 523, 534, 537,
630, 689
1951—53, 57, 58, 59, 93,
271, 272, 281
1953—131, 139, 172, 173
Lardner, Sylvia
1951—55
Lark, Anderson
1951 — 266
Larkin, Prof. Oliver
1948 — 151
1949 — 481, 488, 499, 502,
504, 512, 514, 518,
534, 536
Larkins, H. B.
1949—601, 608
Larsen, Emmanuel
1959—175
Larson, Colonel
1949—555
La Rue
1948 — 316
LaSalle
1953—20
Lasalle, J. Moreno
1948—248
Lasarou, Miriam
1949 — 596
Lash, Josepli
1947—81
1948—151, 377
Lasken, Dr. Melven
1951 — 267
Laskey, Jesse, Jr.
1945—127
1948—251, 255
Lasky, Jesse L., Jr.
1955 — 439, 463
Lasky, Philip G.
1943—284, 289
Lasser, David
1948 — 151, 226, 328, 383
1949 — 365
Last Chanye in China
1949—654
Last Days of Sevastopol
1949—539
Laterre
1957 — 96
Lathrop, John H.
1949 — 481, 483, 499. 502,
503, 505, 507, 513,
518, 523, 524, 531,
532
Latimer, Ira
1948 — 201, 226, 328
Latin American Federation
of Labor
1949 — 491
Latin -American Protective
League
1949-538
Lattimore, Owen
1947 — 290, 321
1948 — 199
1951 — 53
1953 — 131, 151
1959—61
Latzen, Morris S.
1949—549
Latzko, Frank
1955—388
Latzko, Mrs. Frank
1955 — 38S
Lau, P. T.
1948 — 107
Lauber, Pauline
1949 — 689
Lauberllfinn, Paulinee
1951 — 53
Lancelot, William H.
1953 — 151
Laudis, Arthur
1948 — 94
1949 — 554
Laufman, Sidney
1949 — 481, 500, 514
Laugh lin, H. Sidney
1947 — 132
Laura Law Case
1959 — 15
Laurants, Arthur
1951 — 281
Laurentz, Arthur
1949—481, 514
Laurie, Harry L.
1948 — 375
Laury, Ezra
1955 — 391
Lauterbach, Richard
1948 — 240
Lavelle, Ramon
1947 — 89
1949 — 425, 429, 430
Laverv, Emmet
1947 — 141, 239, 281-284,
286, 287
1948 — 130, 251, 255, 258,
260, 261, 309, 359,
360, 372, 374
Laverv, Sr., Emmet G.
1955—461, 462
La Voce Del Popolo
1943—285, 299, 310, 313
Lavrenev, Boris
1949—497
Lawn, Dr. A. R.
1943—362, 367-369
Lawrence, Dr.
1947—205
Lawrence, Bill (William S. )
1947—96
1948 — 94, 183. 202, 209
1949—545
Lawrence, Jack
1948—357
Lawrence, Jacob
1949 — 481, 483. 500. 509,
514, 519, 53.^., 53r,
Lawrence, .Tosh
1947 — 227
1948—213
Lawrence, Martin
1949—206
Lawrence, Stanley
1947 — 189
1948 — 249
1949 — 88
1953—173
Lawrence, W. H.
1949 — 117
Lawrence, William
1949 — 179, 553
Lawrie, Lee
1948 — 331
Lawry, James V.
1948 — 17
Lawson, Alan D.
• 1948—356
Lawson, Elizabeth
1947—63
1949—416
Lawson, Howard
1949—545
Lav.son, John Howard
1943 — 42, 148
1945—116, 117, 121, 122,
126-129, 130, 132,
133, 137, 139, 195,
196
1947 — 36, 47, 65-68, 70-
72, 95-98, 105-109,
129, 138, 142, 170,
180, 187, 189, 239,
242, 260, 261, 297,
301-303, 313, 369
1948 — 5S, 92, 95, 97, 102,
131, 152, 163, 170,
171, 175, 176, 182,
183, 185, 186, 189,
190, 194, 201, 215,
238, 239, 248, 249-
253, 255, 258, 265,
266, 274-279, 309,
340, 343, 344, 346,
352, 355, 359-372,
375, 378
1949 — 88, 418,419,421,
422, 435, 436, 471,
478, 481, 483, 481,
488, 490, 491, 498,
501, 502, 503, 504,
506, 509, 510, 512,
513, 514, 515, 516,
517, 518, 519, 522,
523, 524. 525, 526,
527, 528. 531, 533,
534, 535, 536, 537,
560, 562, 628, 679,
689
1951 — 51, 52, 53, 54, 55,
56, 57. 58. 59, 60,
62, 63, 64, 65, 235,
261, 264, 268, 271,
272 281
1953 — 119! 131, 139. 172,
173, 174, 175. 249,
250, 277, 278, 280.
281
306
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Lawson, John Howard —
Continued
1955 — 296, 297, 302, 303,
305, 326, 365, 387,
392, 441, 443, 446
1959 — 110, 113, 125
Lawson, L. W.
1955 — 44S
Lawson, Percy
1947 — 164
Laic son v. United States
1955 — 61
Lawson, Dr. Warner
1949—481
Lawyer, Roy
1947 — 155
Lawyers Committee of the
JMedical Bureau and
North American Com-
mittee to Aid Spanish
Democracy
1949 — 326
Lawyers Committee on
American Relations
with Spain
1948 — 335
1949 — 326
Lawyers Committee to Keep
the United States Out of
War
194S — 272
1949 — 327, 453
Lawyers Guild
1949 — 437
Layman, Meredith John
1945 — 171, 172
Lazarus, S. M.
1948 — 279
Lazarus, Simon
1947—239
1948 — 355
Lazarus, Sylvain J.
1947 — 79, 89, 93
Lazoni, Rino G.
1943—301, 302
Le Monde
1957 — 96
Leach, Elizabeth
1947—65
1949 — 418
Leader, Leonard
1951 — 278
League Against Imperial-
ism
1948—107, 273
League Against War and
Fascism
1947 — 70
1949 — 421
1959 — 137
League Against Yellow
Journalism
1949 — 327
League for Democratic
Action
1947 — 70
1949 — 421
League for Democratic
Control
1949 — 327
League for Industrial
Democracy
1953—111
League for Mutual Aid
1948—145, 334, 335
League for Peace and
Democracy
1948 — 256
1959—137
League for Protection of
Minority Rights
1949 — 327
League for the Emancipa
tion of the Working
Class
1953—25
League of American
Writers
1943 — 149, 165
1945—120-126, 128, 134
1947—67-70, 95, 100, 180,
189, 191
1948—10, 38, 48, 52, 99,
101, 103, 115, 126,
127, 135, 137, 157,
158, 167, 172, 176,
191, 194, 196, 234,
251, 256, 258, 270,
273, 274, -^-
324, 334,
368, 369,
1949 — 284, 308,
66,
319, 322,
335, 348,
370
. 324, 327,
328, 366, 419, 420,
421, 452, 453, 454,
468, 471, 472, 492,
506, 509, 524, 538
1951 — 57, 60, 83, 235
1955 — 88
1959—110, 137, 140
League of American Writ-
ers, Hollywood School
1948-121, 127, 275
1949 — 328
1951 — 58
League of Nations
1943 — 219
1947 — 320
1949—31, 43, 87, 164, 165
League of Professional
Groups
1949—517
League of Professional
Groups for Foster and
Ford
1948-196, 246
1949 — 328, 521
League of Struggle for
Negro Rights
1947 — 45
1948 — 333
1949 — 279, 328
1957 — 119
League of the Communists
1949—203
League of Women Shoppers
1943—100, 124, 132, 133
1947—209
1948—35, 77, 142, 256, 277,
278, 336
1949—329, 454, 509
1953 — 172, 175
1959 — 20, 137
League of Women Voters
1949 — 613
League of Workers Theaters
1948—52, 128, 167, 278,
367, 370
1949—329, 396, 408
League of Young
Southerners
1948—319, 334, 335, 336
1949 — 303, 329
League to Save America
First
1943—258
Learned, Beulah
1948—266
Leary, Tim
1948 — 339
Leavin, Samuel B.
1948 — 322, 323
1949 — 538
Lebenson
1951—273, 274
Lechay, James
1949—481, 500
Leclilitner, Ruth
1948—274
1949 — 471, 481
Lechner, George
1949—437
Lechner, Dr. John
1943—7, 322, 326-328, 351
1948—17, 19
Leckrone, Cliff
1947 — 74
Lederman, Gloria
1948 — 356
Lee and Goldberg, Jewelers
1951 — 267
Lee, Anna
1948 — 230
1949 — 458
Lee, Canada
1945 195
1948 — 96. 114, 163, 189,
198, 210, 240, 263,
264, 318, 352, 375
1949 — 448, 689
1951—53, 271
Lee, Lt. Col. Duncan
Chaplin
1959 — 174
Lee, Howard
1948 — 162, 163
Lee, John
1955-387
Lee, John C.
1948 — 211
Lee, Senator Josh
1949 — 3
Lee, Leon
1948 — 343
Lee, Lou
1951 — 267
Lee, Robert
1948—356
Lee, Sara
1951—267
Lee, Captain Walter
1943 — 113
Lee, Will
1948 — 14, 104, 106, 356
Leech, Bert S.
1943—60, 71, 72
Leech, John
1945—118, 139
1948—232
1959 — 112
Leeds, Joseph
1948—226
Leeds, Peter
1948 — 356
Lees, Robert
1947 — 73
1948^275
Left Communism
i948 — 30
Left Wing Communism
1943 — 21
1949 — 49, 190
1953 — 50
Leftist Minority Woos
Future Doctors
1955 — S3, 87
Leftwing Communism on
Infantile Disorder
1948 — 42
1949 — 26, 192
Legal Status of the Church
in Soviet Russia
1949 — 27
Le Galliene, Eva
1949 — 425
Legislative Committee of the
State of Massachusetts
1948-98, 121
Legislative Committee of the
State of Pennsylvania
1948 — 98
Legislative Counsel Bureau
1949 — 565
1959 — 204
Lehman, Herbert H.
1948—234
INDEX
307
Lehman, Jacob
1948 — 223
Lehman, Lloyd
1948 — 214, 215, 343
Lehman, Lloyd W.
1953 — 255, 261, 277, 279,
282
Lehr, Mrs. Abraham
1948—278
1957 — 133
Leibovitz, Morris
1948 — 146
Leicester, Robert
1949 — 448
Leider, Ben
1949—287
Leidman, Grace
1948—354
Leigh, Barbara
1948 — 343
Leigh, Rena
1948—17
Leiros, Francisco Perez
1949 — 453
Leland, Henry
1948 — 188
1949 — 563
Lengyel, Emil
194S— 113, 114, 234, 324,
328, 352, 481, 499,
502, 503, 506, 507,
510, 512, 516, 523,
528, 530, 531, 534,
537
1953 — 131
Lenin
1955—93, 381, 399
1957 — 43, 64, 84, 90,
109, 146, 154
1959 — 21, 88, 100, 170,
177
Lenin
1949 — 539, 654
1951 — 152
Lenin Academy
1953—243, 272
1959 — 117, 157, 158
Lenin Academy of Agricul-
tural Science
1949 — 497
Lenin and KrujJsl-caya
1949 — 193
Lenin Club
1949 — 467
Lenin Heritage^ The
1949—192
Lenin Institute
Lenin Krupskaya
1953 — 39
Lenin, Nickolai
1943 — 21, 68
1945 — 73, S3, 84
1947 — 7, 13-15, 17, 20, 29
30, 44, 77, 272, 286,
291, 320, 362, 368
1953 — 17, 21, 25, 26, 28,
29, 30, 31, 32, 33,
34, 35, 36, 37, 38,
39, 42, 43, 45, 47,
49, 50, 53, 57, 63,
70, 156, 224, 226,
228, 229, 234, 235,
239
Lenin on Engels
1949 — 192
Lenin on the Agrarian
Question
1949 — 191
Lenin on the State
1949 — 192
Lectin on the Woman
Question
1949 — 192
Lenin School
1953—5, 7, 213, 223, 229,
241, 246
1955 — 67
Lenin School of Espionage
1951—180, 181, 198, 199,
200, 201, 204, 207,
232, 236, 238
Lenin School of Political
Warfare
1959 — 184
Lenin School of Revolution
1949—147
Lenin — Three Speeches by
Josei)h Stalin
1949 — 192
Lenin University
1949 — 180
Lenin, V. I.
1948—30, 31, 41, 56, 78,
106, 242, 329, 351,
353
1949 — 12, 14, 19, 22, 25,
26, 27, 28, 31, 32,
35, 43, 49, 50, 59,
67, 75, 78, 80, 85,
87, 94, 95, 99, 100,
127, 128, 142, 155,
162, 175, 183, 184,
185, 186, 188, 190,
191, 192, 193, 197,
198, 202, 204, 205,
206, 207, 208, 209,
210, 211, 212, 213,
214, 215, 216, 217,
218, 219, 220, 221,
222, 223, 225, 226,
227, 228, 230, 234,
244, 245, 248, 257,
259, 297, 300, 358,
363, 413, 423, 615,
617, 651, 670, 705
Leningrad Institute
1948 — 175
Leninism (Leninist, etc.)
1943 — 21, 22, 111
1945 — S3
1949 — 18, 19, 21-23, 25,
31, 33, 35, 76, 190,
539
1951 — 7, 21, 44, 46, 66, 94,
96, 105, 143, 152,
177
Lenin's Letter to the
American Workers
1951—177
Lennart, Isobel
1948 — 372
Lenshaw, Vilma
1949 — 429, 431
Leo Gallagher Testimonial
Dinner
1948—56, 253
1949 — 329
Leonard, David A.
1948 — 356
Leonard, Marjorie L.
1947 — 72, 73
1948—355
Leonard, Norman
1955 — 315
Leondopoulos, Stephen
1949—109
Leone, Anna
1949 — 548
Leppold, .Tack
1948—285, 288, 290
Lerner
1957 — 59, 60
Lerner, Irving
1948 — 129, 278, 370
Lerner, James
1948 — 196
1953 — 174
Lerner, Matt
1948—113
Lerner, Max
1953 — 172
Lerner, Max A.
1948—96, 109, 114, 151,
179, 200, 248, 249,
263, 273, 327, 351,
358, 377
1949—471
Lerner, Ruth
1951 — 229
Lerner, Tillie
1943 — 128, 139
1945 — 121, 126
1948—274, 341
1949 — 472
Leroy — Ladurie, Jacques
1943—203
LeRoy, Mervyn
1948 — 211
Lert, Richard
1948 — 250, 256
Les Cahiers Du Com-
munisme
1949 — 170
Lescaze, William
1948 — 170
Le Seuer, Arthur
1949 — 449
Le Seuer, Meridel
1945 — 121, 126
1947 — 106
194S — 274, 328, 352, 377
1949 — 472, 545
Leshin, Vera
1955 — 424, 425
Leslie, Kenneth
1948 — 271, 328, 351
1949—468, 481, 499, 501,
502, 503, 504, 506,
508, 509, 511, 512,
514, 515, 518, 519,
522, 523, 525, 526,
527, 529, 530, 533,
534, 535, 536, 537,
549
Le Sourd, Howard M.
1948—263, 264
Lesser, Frank
1948—233
Lesser, Mrs. Ira
1948 — 146
Lesser, Sol
1948 — 252, 255
Lessner, Herbert
1948 — 311, 312
Lessons of the Chinese
Revolution
1953 — 238, 239, 240
Lester, Milton Leonard, Dr.
1955_79, 267, 288, 367
Letter
1948 — 225
1949—391, 548
Letter Defending Com-
munist Leaders
1953—281
Letter Defending the
Communist Party
1948—324
Letter to American
Workers, A
1949—192
Letters From Afar
1949 — 192
Letters to Kugelmann
1949—191
Lettish Communist Club
1949 — 173
Leutchman, John
1947—203
^^94^-114, 249, 352
1949_481, 483, 489, 490,
494, 500, 501, 50".
506, 508, 509, 513,
308
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Lev, Ray — Continued
515, 517, 522, 526,
529, 531, 532, 534,
535
Level, Hildegaard
194S— 343
Levene, Sam
1948 — 97
Lcverinc/ Act
1953—82, 194
Levey, Beatrice
1949 — 481
Levi, Julian
1949 — 481, 500, 536
Levin, Emanuel
1948—268, 384, 386
1949 — 374, 464
Levin, Leonora
1948 — 179
Levin, Max
1948 — 196
Levin, Meyer
1945 — 127
1948 — 374, 378
Levin, Paul
1949 — 179
Levin, Roy
1948 — 179
Levin, Vivian
1948 — 184-1S6, 188
1949 — 561-563
Levine, Ben
1948 — 94, 343
1949 — 554
Levine, Betty
1947 — 90
Levine, Carol
194S — 341
Levine, Jack
1948 — 281
1949 — 481, 519, 535-537
Levine, Paul
1949 — 428, 432
Levine, Sam
1948 — 356
Levinsohn, Irene
1948 — 248
Lev-Landau, S.
1949 — 481
Levy, Felix
1949 — 488
Levy, Rabbi Felix A.
1949 — 481, 488
Levy, Joseph
1949 — 506, 514, 517, 537
Levy, Joseph A.
1949 — 490
Levy, Joseph H.
1949—481, 500, 521, 527
Levy, Louis
1945 — 137
1947 — 67
Levy, Melvin P.
1945 — 116, 119, 121
1948 — 97, 266, 270, 273,
357
1949 — 471
Levy, N.
1955 — 389
Levy, Ronald B.
1949 — 481
Lew, Thomas
1948 — 144
Leicin v. United States
1949 — 254
Lewis, Albert
1951—229
1955—439
Lewis, Albert Lane
1947 — 226
Lewis, Alfred Baker
1948 — 334
Lewis, Austin
1948 — 265
Lewis, Brenda
1949—481
Lewis, Dean C. N.
1948 — 144
Lewis, Edward S.
1949 — 547
Lewis, Fern Ruth
1943—356-358
Lewis, Fulton, Jr.
1945 — 31
1947 — 116
Lewis, Prof. Gilbert N.
1948—324
Lewis, H. H.
1948 — 274
1949 — 471
Lewis, Herbert Clyde
1948 — 210, 372
Lewis, John
1949 — 191
Lev%"is, John F., Jr.
1948 — 322
Lewis, John L.
1945 — 149, 150
1947 — 222
1948 — 36
1953 — 60, 61, 62, 63
1959 — 28, 93, 97, 98
Lewis, Julian
1948 — 95
Lewis, Katherine
1948 — 244
Lewis, Mary
1948 — 356
Lewis, Morris
1948 — 375
Lewis, Mrs. Shippen
1948 — 228
1949 — 458
Lewis, Sinclair
1948 — 331
Lewis, Thomas H. A.
195.5 — 459
Lewis, Tom
1951 — 180
1955 — 459
Lewis, Willia Mae
1948 — 161
Lewis, William Draper
1948 — 109
Lewishown, Irene
1948 — 311
Lewisohn, Ludwig
1953 — 200
Lewkowich, Charles
1948 — 343
Lewwitski, Bella
1943 — 145
Leyda, J.
1948—170, 171, 276, 278
Leymann, Llovd
1947 — 39-42, 267, 268
Leys
1957 — 59
L'Humanite
1949—51
Li, T. H.
1945—119
Liberal Voters' League of
St. Louis
1948 — 354
Liberals
1959—45, 46, 47, 48, 49
Liberalism
1945 — 69
Liberation, The
1947 — 363
Liberator
1948-225
1949—179, 392
Liberman, Mendel H.
1947 — 239
Liberty
1949 — 556
Library Commission,
San Francisco
1957—126
Library of Congress
1947 — 363
1949—543
Library qf the Workers
School
1949 — 350
Lichte, Prof. William H.
1949 — 481
Lie, Trygve
1953 — 124
1959 — 176
Lieber, Molly
1948 — 187, 188, 339
1949—563
Lieberman, Benjamin M.
1955 — 79
Lieberman, Ernie
1949 — 544
1955 — 338
Lieberman, Mendel H.
1948 — 355
Lieberson, Goddard
1948 — 324
Liebes, Dorothy Right
1947 — 9 4
Liebknecht, Karl
1949 — 206, 214
Liebknecht, Wilhelm
1949 — 193
Liebling, Leonard
1948 — 317
Liebman, Vivian
1948 — 186
1949 — 563
Life
1947 — 117
1948—117
1949 — 119
1957 — 127
1959 — 196
Life and Teachings of
V. I. Lenin
1949 — 192
Life in the Soviet Union
1948 — 176
Life Magazine
1951 — 92
Life of Lenin
1949—190, 192
Life of Stalin
1949 — 190
Lifton, Melvin
1948—179
Liggett, Walter W.
1948 — 114
Light
1943—151, 154
Light, Louise, Dr.
1955 — 267, 271, 272, 273,
274, 275, 276, 277,
278, 279, 280, 281,
282, 283, 284, 285,
286, 287, 288, 289,
290, 367, 380, 382
Light, Naum
1955 — 3S9
Light, Paul S.
1948 — 344
1955 — 391
Liles, Faustina
194S — 179
Lilyenfeldt, George von
1945 — 17
Lima, Albert J.
1959—30, 32, 33, 34
Lima, Helen
1953 — 277
Lima, Mickey
1947—227
1948 — 212, 213
1953 — 278, 282
Liman, Thomas
1948 — 94
1949 — 554
INDEX
3on
Limbert, Paul M.
1948—320, 321
Limon, Jose
1949 — 481, 500, 509
Lin, J. H.
1948 — 198
Lincoln, Abraham
1955—152, 158, 214
Lincoln Book Store
1947—35
1948 — 224
1949 — 330
Lincoln School Teachers
College
1953—271
Lincoln Steffens Club
1949 — 467
Lincoln Steffens Lodge 500,
IWO
1948—268
Lincoln-Washington
Battalion
1949 — 553
Lindauer, Samson A.
1948 — 152
Lindberg, John
1948 — 376
Lindberg-, Virginia
1948 — 376
Lindberg, Charles A.
1943 — 227, 230, 250
1947 — 224, 226
Lindeman, Connie
1955 — 387
Lindeman, Edward C.
1948 — 109, 151, 181, 196,
:^01, 320, 334, 336,
337
Lindeman, Mitch
1955—387
Lindemann, Mitchell
1948 — 259, 260
Linden, Dick
1947 — 163
Linder, Leo J.
1948 — ;^72, 332
1949 — 541
Lindgren, Edward I.
1949 — 177
Lindheim
1951 — 230
Lindley, Phyllis
1948 — 195
1951 — 163, 167
Lindner, Eugene
1943 — 171
Lindner, Dr. Robert M.
1949 — 481, 490, 514
Lindsay, Harold
1947 — 212
1951—229
Lindsay, Howard
1949 — 179
Lindsay Light and
Chemical Co.
1951—79
Lindsey, Mr.
1948 — 203
Lindsey, Al
1949 — 601, 608
Lindsmith, Mrs. Rosalind
1948—230
1949 — 459
1951-284
Linetsky, V.
1949 — 166
Link, Dr. Henry
1949 — 661
Linker, Dr. Matthew
1955 — 387
Linn, Clarence A.
1959 — 204
Linn, Dr. Otis
1948 — 249, 358
Linson, Harold
1957—58
Lion, Captain William D.
1943— ISO
Lions International
1948 — 16, 17, 18
Lipin, Max
1948—146, 149
Lippman, Richard W., Dr.
1955 — 86, 105, 107, 108,
109, 221, 222, 223,
224, 225, 226, 228,
229, 230, 231, 232,
295, 296, 299, 302,
308, 311, 318, 338,
341, 348, 360, 367,
3 87
1959—125
Lippman, Walter
1949—552
Lipscomb, Wendell
1948—339
Lipsky, Louis
1948 — 352
Lipson, Ben
1951—267
Liptzen, Samuel (Gerhart
Eisler)
1949 — 444, 677
Lishner, Arthur
1955 — 289
Lishner, Rose
1951—267
Liso
1951—47
L'ltalia
1943 — 285, 299, 310, 312
Litchman, Mark M.
1948 — 249
The Literary Gazette
1948 — 249
1949 — 497, 529
Literary Service Bureau
1943 — 373
1945 — 119
Lithuanian Women's Club
( Massachusetts )
1949 — 330
Littell, Rt. Rev. S.
Harrington
1949 — 481, 483
226, 248,
377, 392
281
Littinski, J
1949—545
Little, Jacob
1949 — 481, 500
Little, John
1949—178
Little Red School Honse
1948—390, 391
Little Red Schoolhouse at
Westwood
1957 — 5, 15
Littlestone, Ralph
1948—179
Littorio
1943—287
Litvak, Anatole
1948 — 210, 211
Litvinoff, Maxim
1948 — 326
1949 — 165, 256, 539, 540
Litvinov, Maxim
1953 — 28
Litwak, Fae
1955—391
Litwak, Joe
1955 — 391
Litwin, Charles S.
1959 — 185
Liu Shao-chi
1953_238, 239, 240, 241
Liu Yung-ming
1957—132
Liu Yung-ming, Mrs.
1957—131
Liveright, Alice F.
1949—481, 488, 490, 500,
511
Livermore, Miss Elizabeth
1948—144
Livermore, Mrs. Horatio
1948—144
Livette, Cecile
1947 — 89
1949—425
Livingston, David
1918—186
1949 — 562
Livingston, J. Sterling
1959—201
Livingston, Sigmund
1947 — 360, 362
Lloyd, Norman
1948—356
Lo Hsun
1945 — 119
Local Joint Board of
Culinary Workers
1947—80
Lochard, Metz T. P.
1948—95
Locke, Dr. Alain
1948—151, 198,
270, 328,
1949 — 543, 544
1951 — 93
1953 — 177, 280,
Locke, Katherine
1948 — 188, 356
Lockett, Al
1948 — 164
Lockwood, Rupert
1949—181
Lockwood, William W., Jr.
1948 — 334
Lodahl, Emil
1943 — 225, 230,
Loeb, James, Jr.
1948 — 334, 335
Loeb, Julius
1948 — 198
Loeb, Moritz
1948 — 242
Loeb, Philip
1948 — 151, 188,
Loebbecke, Ernest J.
1948 — 17
Loevinger, Robert
1951 — 230
Loewenberg, Prof. Bert.
James
1949 — 481, 483
Loewenstein, Princess
Helgo zu
1949 — 468
Loewer, Mrs. Ann
1948—116
Lofgren, Edward
1951—229
Loftz, Roy
1953 — 292
Logan, Gwen
1948 — 356
Logan, James
1948 — 184, 185
1949—561
Lohr, George
1948—11, 213, 343
1949 — 689
Lolich, Daisy
1948—186
1949 — 562
Lomanitz, Giovanni Rossi
1947 — 212
1951_78, 79, 80, 228. 229,
232, 233, 234
Lomax, Alan
1948 — 317
1949 — 481, 488, 490, 494,
500, 503, 513, 516,
548
London Daily Mirror
1951—279
231
■128, 377
310
UN-AMERICAN ACTIVITIES IN CALIFORNIA
London, Helen
194S — 196
London, Jack
1943 — 264
London, Leah
1955—112
London, Milton Z., Dr.
1955—112, 266, 288, 305,
310, 312, 315, 361,
367
London School of Hvgiene
1951 — 164
London Star
1951 — 279
London Thnes
1955 — 394
Lonergan, Bill
1948 — 284, 302, 303, 306
Long- Beach Hospital
1955 — 98
Long, Eula
1947 — 72
Long, Herbert
1948-162
Long, Dr. Herman W.
1949 — 481, 488
Long Live the Spirit of
Bandung
1957 — 129
Long, Martin Luther
1948 — 198
Long, Mrs. Mary
1949 — 437
Longshoremen's Unions
1959 — 97
Longstreet, Stephen
1945—116
1948—374
Longueil, Alfred E!.
1945 — 116
Longuet, Charles
1953 — 24
Lonik, Evelyn
1948 — 259
Loofburow, Dr. Leon L.
1948 — 185
Loomis, Elliott
1948 — 94
1949—554
Loonin, Mever
1949 — 464
Loos, Marv
1948 — 210
Lopez. Frank
1948 — 233
Lopez, Ignacio
1955 — 390
Loran, Dr. Erie
1951—213, 214, 215, 216,
224, 225, 232, 238,
242
Lord, Barbara
1949 — 548
Lord, Jack
1948—377
Lord, Mrs. Robert
1947 — 322
Lord, Sarajo
1948 — 355
1955 — 298, 302, 307, 311,
313, 315, 317, 391
Lore, Ludwig
1948 — 142, 243
Lorenzo, C
1948 — 333
Lorien, Peter
1948—356
Loring, Michael
1949 — 481
Liorre, Peter CMr. and Mrs.)
1948 — 97, 211
Los Angeles Acacia Club
1948—16
Los Angeles Ad Club
1949—673
Los Angeles Board of
Education
1947—132-135, 137, 138
1948—231
1949 — 289, 592, 598
Los Angeles Board of
Rabbis
1955 — 107
Los Angeles Central Labor
Council
1947 — 262, 369
1949 — 705
Los Angeles Chapter of the
Civil Rights Congress
1948 — 136, 139
Los Angeles Children's
Hospital
1955—98, 151, 153
Los Angeles Citisien
1947—53
Los Angeles Citizens Com-
mittee to Support
Labor's Rights
1951 — 265
Los Angeles Citizens
Housing Council
1953 — 100
Los Angeles City Board of
Education
1953—125, 210, 211
1955 — 66, 129, 130, 414,
421, 422, 423, 424,
427, 431, 447, 448
1957 — 152, 153, 154, 158,
159
1959 — 49, 207
Los Angeles City Civil Serv-
ice Commission
1948 — 152
Los Angeles City College
1947 — 119, 188, 190
1948 — 182, 199, 309
1949 — 560
1951 — 27, 78
1955 — 305, 307
1959 — 47
Los Angeles City Council
1947 — 192
Los Angeles Citj' Elections
(1937-)
1959 — 21, 22, 23, 30
Los Angeles City Housing
Authority
1953 — 78, 79, 80, 81, 83,
86, 88, 89, 90, 91,
92, 94, 95, 97, 99,
100, 102, 103, 106,
107, 108, 112, 115,
117, 121, 125, 128,
211
1955—184, 454
1957—149
1959 — 207, 218
Los Angeles City School
System
1953 — 3, 124, 125, 126, 211
1955—414, 419, 421, 428,
447
1957 — 149, 159
1959—10
Los Angeles Committee for
the Protection of
Foreign Born
1951 — 267
1955 — 169, 300, 305, 321,
325, 327, 331, 332,
334, 336, 337, 340,
342, 347, 350, 355,
388, 389, 390
Los Angeles Committee of
Industrial Organization
Council
1949 — 478
Los Angeles Committee to
Get Justice for the
Rosenbergs
1955—329, 351
Los Angeles Conference of
Civic Organizations
1949 — 650, 658, 670, 673,
675
Los Angeles Congress of In-
dustrial Organizations
1948—160
Los Angeles Congress of In-
dustrial Organization
Council
1947 — 210
1948 — 116
1949 — 437, 475, 629
Los Angeles Congress of In-
dustrial Organization
Council Auxiliary
1949 — 437
Los Angeles Council of
Defense
1943 — 109
Los Angeles County
1951^25, 51, 265, 277
1959—11, 15, 18
Los Angeles County
American Youth
for Democracy
1948—137
Los Angeles County Board
of Alienists
1959 — 118
Los ATigeles County Board
of Education
1947 — 54, 55
Los Angeles County Board
of Supervisors
1948—59, 60, 152, 382
Los Angeles County Com-
munist Partv
1947 — 23, 28, 35. 64, 65,
66, 70, 75, 115,
124, 138, 169, 170,
201, 210, 225, 370
1948 — 7
1949—189, 382, 417, 418,
421, 422
1951—23, 24, 28, 82, 84,
86, 133, 267
Los Angeles County Com-
munist Party, Execu-
tive Committee
1951—23
Los Angeles County Com-
munist Party, Secretary
of
1951—83
Los Angeles County Com-
munist Party, Youth
Director and Division
1951 — 24
Los Angeles County
Coroner's Office
1951—122
1959 — 58
Los Angeles County Coro-
ner's Office, Chief Au-
topsy Surgeon
1951—122
Los Angeles County Coro-
ner's Office, Deputy
Autopsy Surgeon
1951—122
Los Angeles County Council,
American Legion
1949 — 652
Los Angeles County Cul-
tural Commission
1943 — 164
1951—82, 83
Los Angeles County Educa-
tional Commission
1951—83
Los Angeles County Federal
Grand Jury
1951—23
Los Angeles County Federa-
tion of Teachers
1951 — 25
Los Anseles County Grand
Jury
1959—112
Los Angeles County Labor
Youth Leag:ue
1951—27
Los Angeles County Loyalty
Check
1949 — 593, 595
Los Angeles County Medical
Association (Society)
1955 — 70, 71, 72, 75,
7(i, 77, 78, 83,
85, 92, 94, 95,
101, 102, 103, 104,
105, 107, 114, 115,
116, lis, 123, 127,
128, 129, 133, 145,
154, 155, 159, 174,
191, 210, 213, 230,
232, 250, 251, 252,
259, 368, 370, 372,
374, 376, 377, 384,
393, 395, 430
1959 — 118, 125
Los Angeles County Medical
Association Board of
Trustees
1955—114
Los Angeles County Medical
Association, Speakers
Burea.u
1955 — 102
Los Angeles County Medical
Association, Women's
Auxiliary
1955—102
Los Angeles County News-
paper Guild
1951 — 83
Los Angeles County Politi-
cal Commission
1943—159, 161
Los Angeles County Politi-
cal Commission of the
Communist Party
1959—20, 26
Los Angeles County Sheriff's
Honor Farm
1959 — 99
Los Angeles County Trade
Union Commission
1943—162
Los Angeles Countj^ Young
Communist League
1951 — 54
-Los Angeles Daily Ne^vs
1948—101, 125
1949 — 9
Los Angeles Downtown
Forum
1955 — 428
Los Angeles Downtown
Kiwanis Club
1949 — 658
Los Angeles Educational
Association, Inc.
1949 — 330, 350
Los Angeles Emergency
Committee to Aid the
Strikers
1947—55
1948 — 149, 279
1949 — 330, 696
Los Angeles Examiner
1943 — 56-58
1947 5 ]^g3
1948 — 14, 133, 209, 332
1949—9
INDEX
1955 — 21
1959—210
Los Angeles Federation of
Teachers
1953—120, 124, 125, 126
131, 132, 211
1955 — 419
1957 — 149, 152
1959 — 52, 99
Los Angeles Federation of
Teachers, Local 43 0
1953—110, 118, 119, 125
1955 — 66. 423, 424, 425
426, 427, 428
Los Angeles Film and
Photo League
1949 — .■:08
Los Angeles General
Hospital
1955 — 98, 270, 271
Los Angeles Girls Voca-
tional High School
1955—66
Los Angeles Herald-
American
1953—284
Los Angeles Herald-
Express
1947 — 233
1948 — 14, 172, 187
1949 — 9
Los Angeles-Hungarian
Workers Women's
Circle
1955 — 389
Los Angeles Industrial
Union Council
1949 — 475
Los Angeles Junior College
1948 — 179
Los Angeles Labor Council
1947 — 188, 192
Los Angeles Legislative
Conference
1949 — 565
Los Angeles Medical Center
1955—245
Los Angeles Musicians'
Union, No. 47
1943—84, 85
1947 — 188
1949 — 334
Los Ang:eles Negro Labor
Council
1953 — 108
Los Angeles Newspaper
Guild
1943—135, 141, 151-157,
162
1951—25
1959 — 20
Los Angeles Police
Department
1948—14
1953—132
Los Angeles Sanitarium
at Duarte
1955—98
Los Angeles Superior Court
1948—59
1959 — 118
Los Angeles Teacher, The
1953 — 120
Los Angeles Teachers
Union, A.P. of L.
1948 — 339
1949 — 343
Los Angeles Times
1947 — 5, 170, 226
1948 — 14, 132, 338
1949—9
1951 — 92, 120
1953-^64
1955 — 146, 169, 244
1959—44, 109, 115, 169,
197, 198
311
Los Angeles Unitarian
Church
1945—143
Los Angeles Workers
School
1947—63-67, 69-72, 100
1948—120, 165, 396
1949-350, 41G-419, 421
422
Los Angeles Youth Commit-
tee Against Universal
Military Training
1948—279, 280
1949 — 330
Los Angeles Youth Council
1948 — 280, 339
1949—563
1951—25
1953 — 284
1955 — 428
Losey, Joseph
1949—481, 500
Losovsky, A.
1949 — 216
Losovsky, S. A.
1949—191, 363
Losovsky, Solomon
1953—73
Lost Illusioyi
1949 — 654
Lothrop, Rev. Donald G
1948 — 271
1949 — 468, 481, 488, 490
499, 501, 504, 507,
509, 511, 5i:
529
518,
Lotko, L.
1955 3*J9
Loud, Prof. Oliver S.
1949—481, 490, 500, 527,
530
Loughrey, Wilhelmina
1947 — 274, 276
1948 — 215
1951—175, 176, 177, 178
1953 — 255, 256, 277, 279
Loughrey, Willie
1948 — 220
Louis, Ann
1955— 3S9
Love, Max
1949 — 428, 434
Lovejoy, Frank
1948 — 356
1953-285, 286
Lovejoy, Mrs. (John
Banks)
1953 — 286
Lovell, Bertha C.
1948 — 376
Lovell, Leah
1947 — 239
1948 — 355
Lovestone, Jay
1943 — 36
1947 — 30
1949—62, 95, 158, 162
163, 177-179
Lovestoneites
1943—36
Lovett, Robert Morss
1945 — 121, 126
1948 — 107-109, 114, 145,
151, 179, 181, 196,
211, 244, 247, 248,
266, 271, 273, 327,
328, 331, 334, 351,
1949 — 328! 468, 471, 481,
488, 490, 498, 501,
502, 505, 506, 508,
509, 510, 512, 517,
518, 519, 520. 521,
522, 525, 526, 528,
533
n2
UK-AMERICAN ACTIVITIES IN CALIFORNIA
Lovett, Robert Morss —
Continued
1951 — 92, 93, 261, 271
281
-131, 171
1953-
172, 17J
175, 176, 177, 280
281, 282
1955 — 392
1959—27, 184
Lovett, Rev. Sidney
1948 — 114, 194
Lovina, Ernest
1948—200, 351 —
Loving and Evans v. Bitch
1955 — 55
Low, Joseph
194'^— 377
Low, Nat
1948 — 343
1949 — 625
Lowe, Bill
1948 — lSi4, 185
1949 — 561
Lowe, Jean Tobey
195 3 — 282
Lowe, William
1953 — 277, 282, 283
Lowell, Esther
1948 — 266
1949 — 179
Lowenfels, Walter
1948 — 226, 343, 389, 392
1919 — 543, 548
Lowenthal, Max
194S- — 265
Lowie, Robert H.
1947 — 94
Lowitt, Julie
1948 — 188
1949 — 563
Lowrv
1949 — 256
Lowther, Rev. Edgar A.
1948—114, 185, 252, 328
Loy, Myrna
1948—210
"Loyalist" Spain
1943 — 140, 149
Loyalists
1959 — 112, 137
Loyalty Review Board
1959—140
Loyola University
1953—133
Lozovosky
1951 — 182
Lozowick, Louis
1945 — 119, 121
1948 — 248, 261, 270, 278
Lraper
1949 — 181
Lubboclt, David M.
1949 — 483
Lubell, Eva
1943—126
Lubev. J. P.
194S — 344
Lubianka Prison
1951 — 170
1959 — 122-123
Lubin, Arthur
1948 — 210
Lubin, Simon J.
1949 — 357
Lubitsch, Ernst
1948 — 250, 256
Lucas, Manual
1948 — 163
Lucey, Archbishop
1947—282, 285
Luchshein, Ruth
1949 — 437
Lucio, Antonio
1948 — 62, 203
1949 — 470
Luck, Walter K.
1955—19
Luckman, i^loyd
1947 — 102
, Luckner, Count Felix von
1945 — 16
, Lucks, Lawrence
1949 — 596
Lude, Helen
1948 — 184
1949 — 561
Ludovy Dennik
{"Ludovny Dennik")
1949 — 181, 392, 467
Ludwig-, Emil
1948 — 114, 322
Ludicir/ Feuerbach
1949 — 190, 191
1957 — 64
Ludwig, Julian
1948—356
Ludwig, Vann
1948 — 342
Luehning. Gertrude
1959 — 185
Luis Carlos Prestes De-
fense Committee
1947 — 219
Lukacz, General
1949 — 179
Lukas, Paul
1948 — 263
Lrks. Bvnny
If) --•,(? — 281
1951—22
L'-ks. Miriam
1951 — 26, 29, 33
Lumber Clerks and Han-
dlers, Local 2559
1947 — 80
Lumpkin, Grace
1945 — 121, 126
1948 — 266, 270, 273, 334
1949 — 471
LMmnkin, Katharine Dupre
1949 — 481
Lunrhe, Rnss
1953 — 259
Lund, Herald
1948 — 375
Lundberg, Ferdinand
1948 — 334
L'.mdberg', Hp'-rv
1948 — 29^. 296
Lund^^-all. Earl
1947 — 91
Lii"dwqll Julia
1947 — Ql
L'lnpnsc^lnss, Mrs. E. J,
1948 — 278
L.inina
1 9 4 3 — o T 0
L'TJvifa Del Popolo
194S oop;
1949 — 392. 467
L'Uvifn Ot-ipraia
1947 — 392
Lunner, Marts'-
194R .1R8
1949 — 361
Liirle. Harry L.
1949 — 481, 490, 499. 530
Lnp^rv-mb. Florence H.
1948 — 352
Lt'sher, Bernard
1948 — fi^
1949—470
Lusher, Rosomarv
1955 — 343. 385
Lufik Reports
1948 — 246
Liithv, Robert
1953 — 282, 283
Liitskv, Ester
1955—389
Lntton, William
1948—17
248,
488, 499,
508, 510,
524, 530, 531,
93, 271, 281,
Luttrell, V. M,
1949 — 437
Lym, La Verne Frances
1943 — 60, 72
1949-428, 433, 438
Lj'nch, James W.
1947 — 75
Lynch, Ross
1948 — 185
Lynd, Helen M.
1953 — 151, 172
Lynd, Helen Merrell
1945 — 127
1948 — 199, 271
1949 — 468, 481, 500
Lynd, Prof. Robert S.
1947 — 202
1948—109, 169, 199,
324, 327, 328
1949—412, 481,
502, 503,
512,
532
1951— 92,
286
1953 — 131, 139, 151, 172,
175, 176, 177, 280,
281
Lynden, Richard
1947 — 78, 79, 90
1948 — 185
1949 — 424
1953—259
1959 — 184
Lvnn, Mike
1948 — 233
Lvnn, Olive
1948—377
Lyon, Annabelle
1949 — 481
Lyon, Dr. E. Wilson
1948—170, 171
Lyon, Peter
1948 — 263, 342
Lyon, Sumner
1948 — 374
Lyons, Archie
1943 — 192, 194
Lyons, Eugene
1943 — 17, 19, 40, 52
1945 — 127
1947 — 117, 223, 313, 359
1948 — 245
1949 — 86, 93, 693
1951 — 8, 11
19r,3 ooo
1959 — 94, 136, 183
M
M.G.M. — see Metro-
Goldwyn-Mayer, Inc.
M.O.P.E.R.
1959 — 121
MOPR — See Comintern, In-
ternational Red Aid
Section. International
Labor Defense and In-
ternational Class War
Prisoners Aid Society.
MVD — see So\iet Secret
Poli.-e
1949—40
Maas, Mrs. Eleanor
MacArthur, Gen. Douglas
1943 — 266
1951 — 278, 279, 280
1953 — 182
1959 — 151
MacBeth, Hugh
1943 — 124
MacBeth. Jr., Hugh
1955—383
MacBeth, Sr., Hugh
1955—390
INDEX
313
Macchiarini, Peter
1947 — 89, 91
1949—425
MacCracken, Dr. Henry N.
1948—114, 181
MacDonald, David
1959 — 97
MacDoug-al, Daniel T.
194S — 341
MacDousall, Curtis
1959—185
MacDousall, Prof. Curtis D.
1949—481, 490. 500, 502,
508, 527
MacDougall, Ranald
1947 — ISO
1948-372
Macedonian- American
People's League
1949 — 330, 414
MacFadden Publications
1949 — 6G1
MacGowan, Dr. Kenneth
1947 — 70, 73, 107, 108,
141, 179, 188, 242
1948 — 97, 132, 170, 171,
199, 202, 252, 255,
258, 279, 373
1949 — 421, 436
1951—53, 56, 57, 58, 59,
61, 62, 95, 268
1953 — 151
MacGregor, Robert
1948—226. 328
Machado, Eduardo
1948—107
Macharg, Janet
1949 — 425
Machell, Harry T.
1943—7
Machinists' Lodge 68,
A.P. of L.
1949 — 423
Machinists, Railroad
Brotherhood
1948 — 39
Maclnnes, Dr. Duncan A.
1949—481, 509, 530, 533
Mack, Julian W.
1948 — 248
Mackav, Lillian
1948 — 161
Mackave, Percy
1948 — 331
MacLane. Martha
1948 — 183
MacLean Case
1959 — 188
MacLeish, Archibald
1948 — 9f;, IRl, 244, 248,
310, 331, 358, 389
MacLeod, Norman
1945 — 119
1948 — 273
MacMahon, Aline
1948 — 97. 240, 278
MacMichael, Jack
1949 — 563
MacMillan, Sir Ernest
1948 — 317
MacNair, Jerome W.
1948 — 109, 110, 170, 171,
177, 178, 241, 353
1949 — 689
MacNair, Luther K.
1949 — 481, 490
MacPhnil. Archibald
1948 — 216
MacOueen, Dr. Don
19 17 — 239, 242
1948 — 355
19 49 — 4,sfi
Macv, J. H.
1948 — 196
Macv, Marv Cabot
1948—196
Maddow, Ben
1948—171
Maddox, Charles
194.3 — 145, 164
1948 — 315
1951 — S3
Madison, M!rs.
1947 — 346
Madi.son, Charles A.
1949 — 483
Madison, .lames
1947 — 363
Magdoff, Harrv
1959 — 173, 174, 175
MadofC, Dr. Irving
1951 — 122
Madoff, Irving
1955 — 367
Maeterlinck, Maurice
1948—324
Marrana, Paul
1947—239
Magedoff, Benny
1947 — 152
Maggar, Herald
1949 — 467
Magnar Jovo
1949 — 181
Magidoff, Nila
1948 — 216
Maeil, A. B.
19 45 — 119
1948 — 97, 176, 270, 340
1949 — 179, 481, 500, 508,
510, 512, 516. 517,
519, 521, 523, 525,
529. 535, 536, 537
1951—271, 281
1953 — 174, 175
Magnes, Judah L.
1948 — 145, 247
Magnin, Cyril
1947 — 89, 93
Magnin, Rabbi Edgar P.
1947 — 186
Magy, Gladys
1947 — 73
1948 — 428. 433
Mahaffey, Walter W.
1948 — 1S5
Mahedv, "William P.
1948—17
Mahler, Fritz
1948 — 263, 324
Mahonev, .Jeremiah T.
1948—181
Mai, Anna
1948 — 227
1949 — 4R7
Maibaum, Richard
1948--''10
Mailer, Norman
1949 — IS1, 48'', 490, 500,
506. 514, 524, 526
MaJlev. Doris
1948 — 311, 314
Ma'"sl''<^am Associates, Inc.
1949—545
Mnirftrcatv . The
1947 — 106, 369
1948 — 36, 56, 99, 103. 119,
133, 136, 13S, 140,
177, 225, 3-"^. 364
1949 — 392, 395, 536
Maior, Paul
19^9 — 438
1955 — 390
Makeneace. Grace
1948 — 162
Make-IT-n Artists and Hair
Stylists, Local 706
1947—177
Maiden, Rita
1948—312, 314
Malenkov, Georgl
1949—101, 193
1953 — 4 4, 45, 46
1959 — 45
Malin, Patrick Murphy
1959—146
Malinoff, Revella
1955—391
Malinovvsky, Marshal
1959 — 194
Malisoff, William M.
1948 — 270, 323, 328, 377
Malkin, Harry
1948—266
Malkin, Manfred
1948—311
Malmudes, A.
19 47 — 9 6
Maloney, Mrs. Tim
1948 — 17
Malorus, Harry
1948—340
Malranx, Andre
1949 — 552
Maltester, Jack
1947—47, 48, 65, 96, 97,
106, 283
Maltz, Albert
1945—104, 126, 127
1948—60, 92, 97, 105, 116,
132, 136, 163, 169,
171, 176, 183, 189,
192, 198, 200, 233,
239, 273, 328, 351,
352, 357, 359, 360,
370, 377, 378, 392
1949—105, 146, 418, 471,
478, 481, 488, 490,
498, 502, 503, 504.
505, 507, 508, 509,
510, 511, 512, 513,
514, 515. 516. 518.
519. 520, 521, 522,
523, 524, 526, 527,
528, 529, 531, 535,
537, 557, 689
1951 — 57, 58, 59. 60, 92, 93,
268, 272, 275, 281
1953—139, 173, 174
1955—387
Maltz, Mr. and Mrs. Albert
1948—279
Man to Femember, A
1948 — 373
Manana
1945 — 104
Mance, Merle
1948 — 226
Manchester Guardian
1951 — 229
Mandel, Seymour
1949 — 437
1959—129
Mandel, William
1951—152, 271
Mandell, Arthur J.
1948 — 328
Manfred, Ken Max
1951—79, 80
Mangel, Bert S.
1949 — 548
Mangione, Jerre
1948—266
Mangold, George B.
1948 — 200
Manhattan Citizens
Committee
1949—330
Manhattan Engineering
District
1951—79
Manhattan Engineering
Project
1951—79
314
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Manhattan General
Hospital
1955 — 233
Manhattan Life Insurance
Company
1955 — 194
Mankind United
1943—353-356, 362-367,
371-373, 3S0-382
1945—32, 33, 39, 43, 45
1951 — 3
Manley, Frank
1953 — 256
Manley, Jack
1953 — 256
Manlev, Katrina
194S — 215
Mann, Daniel
194S — 104, 356
Mann, Erika
1949 — 481, 500, 508
Mann, Fred
1948—266
Mann, Golos
1951 — 131
Mann, Helnrich
1948 — 271, 351
1949 — 468
Mann, Klaus
1948—248
Mann, Ruth Z. S.
1949 — 481
Mann, Dr. Thomas
1947—69, 96, 235
1948 — 132, 170, 171, 198,
202, 239, 241, 255,
263, 279, 324, 358
1949 — 420, 481, 484, 489,
490, 499, 502, 506,
507, 509, 510, 514,
516, 518, 519, 523,
524, 528, 529, 530,
531, 532, 534, 630,
689
1951 — 56, 57, 59, 60, 131,
268, 271, 272, 273,
275, 276, 286
Mann, Winnie
1948 — 356
Manning-, Rosalie
1948—227
1949—457
Mannix, Eddie
1948 — 360
Manoff, Arnold
1945 — 137
1947 — 67, 73, 106
1949 — 419
Manrique, C. Bias
1945 — 104-105
Mail's Worldly Goods
1947 — 70, 214
Mansfield, Nell
1948 — 164
Manship, Paul
1948 — 310, 323, 324
1949 — 538
Manual Arts High School
1951 — 27
Manual on Organization
1949 — 169, 176, 239
Manuilskv, D. Z.
1953 — 48, 52, 53, 136, 137,
139
Manuilsky, Dmitri
1949 — 160, iG2, 169, 231
Manulisky, Dmitriz
1959—183, 184
Manuilsky, G.
1943 — 19
1948—142
Manumit School
1948 — 145
Manus, Anna
1948 — 164
Manwaring-, Dr. "W. H.
1948 — 328, 352
Manzanar
1943—336, 349, 350
1945 — 45, 46, 54
Manzanar Relocation Center
1945 — 45-47, 53-55
Mao Tse-tung
1953 — 224, 236, 238, 239,
240, 241
1957 — 126, 134, 135, 137,
140
1959—36, 180
Mao Tun
1957—135
Map of Pacific
1943—336
Maps of Interior Valleys of
California
1943 — 338
Marasse, Doris
1959—134, 135
Marcantonio, Vito
1947 — 70, 214
1948 — 83, 132, 144, 151,
162, 169, 176, 196,
198, 200, 201, 202,
211, 241, 248, 265,
266, 270, 319, 327,
328, 334, 340, 351,
352, 375, 377, 391,
392
1949 — 347, 381, 421, 439,
545
1951 — 92, 93, 264, 272,
275, 281
1953 — 131, 171, 172, 173,
174, 175, 176
1957 — 124
1959—121
March, Frederic
1947 — 233, 235
1948 — 232, 239, 250, 256,
262, 264, 324, 354,
390
1949 — 689
1951 — 92, 286
1953 — 131
March, Mrs. Frederic
1948 — 14, 228, 231, 250,
255, 262, 310
1949 — 457, 458, 459
1951 — 92, 284, 286
ISIarch, Mr. & Mrs. Frederic
1948 — 114
March, Herbert
1948 — 95
1949—453
March of Time
1951 — 224
Marcus, Dr. F. L.
1949 — 482
Marcus, Prof. Grace F.
1949 — 482, 483, 500
Marcus, Harry
1948 — 343
1949 — 173
1951—267
Marcus, Dr. Samuel
1943 — 143, 144
1945 — 6
1949—691
1959 — 118
Marcus, Dr. Simson
1943 — 157
1951—267
Marcus, Dr. Simson
(Simpson)
1955 — 79, 288, 334, 356,
367, 374
Marcus, Mrs. Simson
1951 — 267
1955 — 334
Marcuse, F. L.
1949—500, 518
238, 239,
358, 359
238,
304,
387'
128, 130,
Marden, Adrian
1948—356
Mardo, Bill
1948 — 186, 343
1949 — 562
Maretskaj^a, Vera
1953 — 234
Margo
1947 — 239
1948 — 210
Margold, Nathan
1949 — 341
Margolis, Ben
1947 — 179, 236,
255
1948—116, 332,
1949 — 542, 689
1951 — 260, 281
1955 — 112, 227, 237,
239, 240, 297,
315, 364,
1959 — 115, 125,
185
Margulis, R.
1955—389
Marian Anderson Citizens
Committee
1948 — 34
Marin County Communist
Partv
1948 — 5
Marine Cooks and Stewards
Association, CIO
1949 — 424, 475
Marine Cooks and Stewards
Association of the
Pacific Coast
1953 — 64
Marine Cooks and Stewards
of Wilmington
1951 — 267
Marine Cooks and Stewards
Union
1947_78, 79, 145, 146, 147,
150, 152-155, 158,
160-167, 370
1948_7, 8, 62, 163, 212,
236, 281-289, 298,
299, 302-308
1949—470, 706
1953-142
1959_30, 34, 94, 96, 97,
99, 132, 133, 134
Marine Cooks and Stewards
Union, C.I.O.
1955—5, 14, 46, 388, 390,
391
Marine Engineers Beneficial
Association
1947—90, 92
Marine Firemen, Oilers,
Watertenders & Wipers
Union
1943 — 177
1947 — 163
1948—297
Marine ^Workers Industrial
Union
1947 — 77
1949 — 407, 423
Marinello, Juan
1947—106
1953 — 137
Marini, F.
1949 — 173
Marion, George
1948 — 233, 343
Maritime Book Shop
1948-224, 284, 293, 303
1949 — 330
INIaritime Federation of
Pacific
1943 — 141
1948 — 90
1953 — 67
INDEX
315
Markel, Dr. & Mrs. Howard
194S — 144
Marko, Bill
1948 — 233
Markoff, Abraham
1949—455
Markoff, Natosha
1948—281
Markos, General Vafthiades
1949 — 107, 108
Marks, Robert
1955 — 391
Marks, Stanley J.
1948—95
Marietta, Remo
1949—461
Marlev, H. P.
1948 — 186
1949 — 562
Marlies, Charles A.
1948—233
Marlowe, Frank
1948 — 356
Marmer, Ida
1948 — 259
Marmor, Dr. Judd
1949 — 482
1951 — 287
Marmor, K.
1945 — 119
Marn, Tessa
1949 — 429, 431
Marquez, Henry
1949 — 438
Marrazzini, Renato
1943 — 284, 289
Marriacje and Family
Relations
1947 — 324, 332, 342, 346,
347, 353, 354
Maifiage for Moderns
1947 — 324, 331
Marrow, Byron
1948 — 356
Marrow, Ozzo
1948 — 220
Mars Stationers
1948—344
Marsalka, Prof. J. M.
1949 — 415, 491
Marseillaise, The
1948 — 373
Marsh, Daniel
1948 — 264
Marsh, Lee
1948 — 188
1949—563
Marsh, Reginald
1948 — 238, 331
Marsliak, Allan
1951 — 230, 231
Marshak, Morris
1953 — 257
Marshal, George
1951—281
Marshall, A. Calder
1948 — 256
Marshall, Daniel
1947 — 239
1948 — 146, 147, 203, 206,
1949—542
Marshall, Daniel G.
1953 — 86, 87, 88, 89, 100,
104, 105
1955 — 139, 140, 141, 151,
156, 157, 158, 159,
161, 162, 163, 165,
166, 168, 169, 170,
171, 172, 173, 174,
175, 176, 180, 181,
182, 183, 184, 185,
186, 208, 209, 213,
217, 218, 219, 220,
226, 227, 228, 229,
230, 231, 232, 233,
234, 235, 237, 309,
330, 356, 363, 383,
388, 390, 409, 423
1959—184
Marshall, David G.
1951 — 57
Marshall, Dorothy
1955 — 309, 330, 350, 360,
363, 388
Marshall, E. S.
1948 — 356
Marshall Foundation
1949 — 330
Marshall, (Jeorge
1948 — 162, 201, 226. 249,
271, 323, 324, 327,
328, 350, 352, 3.^.3
1949 — 443, 447, 448. 449,
452, 456, 469, 538,
545
1953—171
1959 — 125
Marshall, Mrs. George
1948 — 244
Marshall, Lvnn
1951 — 29, 34
Marshall Plan
1948 — 87, 319, 387. 388
1949 — 20, 74, 109, 112, 413,
472, 479, 486, 495,
540, 610, 617, 628
1951 — 47, 2S5
1953 — 150
Marshall, Robert
1949 — 308, 354
Marshall, Rose M.
1947 — 73
Marshall, Secretary of State
1949 — 16, 43
Marston, George
1948—226
Martel, Frank X.
1948 — 324
Martens, George Ernest
1943 — 225, 241, 242
Martens, C. A. K.
1945—87
Martens, Ludwig
19 53 — 58
Martin, Alice
1948—356
Martin, Chuck
1943 — 272, 273
Martin, David
1949—654
Martin, Dewey
1948—356
Martin, Ebon
1949 — 654
Martin, Frank, Jr.
1945—18
Martin, Frederick F.
1947 — 329, 343, 352
Martin, George
1948—342
Martin, J. L.
1949 — 596
Martin, Jack
1955_212, 213, 215, 219
Martin, John
1948 — 240, 378
1949 — 482, 500, 511. 515,
529
Martin, Lawrence
1949 — 482
Martin, Max
1957 — 65, 66, 68, 09, 73, 88
Martin, Oliver
1948 — 339
Martin, Sandra
1948—184, 185
1949-^561
1951 — 281
1953 — 259, 280
Martin, Sidney
1943—128
Martin, Sylvia
1949 — 4S2
Martin v. City of Strutliers.
Ohio
1953—180
Martineaii, Paul
1959 — 174
Martinez, Enrique Gonzales
1951 — 272
Martinez, Refugio Ramon
1948 — 204
Marti us, Miriam
1947—91
Martonovic, Rudolph
1949—414
Martov
1949—25
Marty, Andre
1943—121
1949 — 165, 179
1957—91
Martv, Joe
1945 — 139
Marvin
1948—221
Marx, Agnes O'Malley
1947 — 179
Marx and Enrjels on Reac-
tionary Prussian.ism
1949 — 191
Marx and the Trade Unions
1949 — 191
Marx as an Economist
1949—191
Marx, Eleanor
1953—24
Marx, Engels, and Lenin
on Ireland
1949 — 191
Marx-Engels Institute
1949 — 203
Marx-Engels-Lenin
Institute
1949 — 179
Marx-Engels Marxism
1949—192
Marx, Fannie
1953 — 18, 19, 20, 24
Marx, Henrich
1953—8
Marx, Hirschel
195.3—8
Marx, Jenny
19 5 3 — 24
Marx, Karl
1943 — 19
1945—68, 69, 71-75, 7(,
80, 146
1947_9, 15, 17, 30, 77, 84
85,91,92,271,272
281, 361, 368
1948—25, 78, 194, 353, 364
1949—12,'' 14, 27. 55, 68
70, 78, 79, 80, 85
95, 99, 127, 128, 141
142, 152, 155, 183
184, 185, 186, 188
190, 191, 1P3, 202
203, 204, 205,
210, 211, 213,
217, 219, 220,
222, 223, 225,
230, 239, 242,
251, 358, 423,
^ 616. 617,
206,
214,
221,
227,
248,
426,
651,
615,
670, 674, 705
1953—7, 8, 9, 10, 11, 12,
16, 17, 18, 19, 20,
21, 22, 23, 24, 25.
26. 29, 30, 31, 32,
42, 47, 49, 156. 161.
223, 224, 228
1955—89, 93, 104, 413
1957—43, 146, 154
1959—108
316
UN-AMEEICAN ACTIVITIES IN CALIFORNIA
Marx-Lenin Institute
1949—60, 180
Marx, Lora
1953 — 24
Marx, Dr. Rudolph
1948—171, 250, 25'i, 273
Marxian Dialetic
1945 — 75, 100
ISIarxism
1945—66, 67, 71-74,
13G,
146
1951 — 20, 21, 26, 30
35,
37, 38, 39, 42
65,
66, 96, 103. 118,
124,
128, 130, 132,
535,
136, 137, 140,
142,
143, 144, 145,
150.
153, 162, 167,
170,
173, 174, 181,
■92,
197, 211, 238,
241,
252, 258, 259,
260,
268, 277
Marxism and Modern Art
1949—191
Marxism and Modern
Idealism
1949 — 191
Marxism and Revisionism
1949 — 192
Marxism and the Natinnnl
and Colonial Question
1949 — 192
1953 — 226
Marxism and the National
Question
l'J49 — 190, 192
Marxism Economic Hand-
book and Glossary
1949 — 191
Marxism, Leninism versus
Revisionism
1949 — 191
Marxism versus Liheralisr.i
1949 — 191
Marxist Cultural Society
1951—19
Marxist-Leninism
1951 — 94, 97
Marxist Study Club of the
City College of New
York
1949—330
Marxist Unity Party
1951 — 273
Maryin, Dr. Ann
1959—185
Marzani, Carl
1949 — 632
Marzani, Carl Aide
1959 — 173, 174
IMarzani, Carlo
1948—35
Masarich, Fred
1948 — 280, 339
Masarvk, Jan
1949—11, 111
Masaryk University
1949 — 497
Mashlnirn, Mrs. Genevieve
(Same as Nashbnrn)
1955—40
Maslenikov, Dr. Oleg
1948 — 171
Maslow, Sophie
1949 — 482, 500, 509, 514
Maslowe, Sophie
1949 — 508
Mason, Daniel G.
1948—331
Mason, Hugh
1943—129, 145, 167
Mason, Martin
1948 — 356
Mason, Mrs. Max
1947 — 239
Mason, Virgil
1948—162
Mason, Vivian Carter
1948 — 228-230
1949 — 457, 458, 459
Mason, William
1943 — 162
Mass Movement League, of
Toledo, Ohio
1949 — 446
Massachusetts Communist
Party
1949 — 287, 307, 309, 348,
351, 352, 355. 391
Massachusetts Council of
America-Soviet
Friendship
1949 — 454
Massachusetts House Com-
mittee on Un-American
Activities
1948—365
1949 — 257, 267, 269, 272,
275, 276, 278, 279,
282, 283, 284, 285,
286, 287, 289, 297,
298, 299, 303, 307,
308, 309, 310, 311,
313, 314, 315, 316,
317, 318, 820, 321,
322, 324, 326, 327,
328, 329, 330, 331,
334, 336, 337, 340,
342, 343, 344, 345,
346, 348, 351, 352,
353, 354, 355, 356,
360, 362, 364, 365,
367, 368, 374, 375,
377, 379, 380, 383,
384, 385, 386, 387,
390, 391, 392, 393,
395, 397, 398, 399,
400, 401, 402, 403,
405, 406, 407, 408,
409, 410
Massachusetts Institute of
Technology
1949 — 495
1955 — 320
1957 — 130
Masses
1948 — 340
1949 — 392, 394
Masses and Mainstream
1949—392, 529, 536, 545,
622, 623
1959 — 146
Massing, Hede
1951—260
1953—7
1959—183
Mastering Bolshevism
1949 — 191
Masterson, Lewis
1949 — 554
Massey, J. O.
1948 — 220
Masters of Deceit
1959 — 177, 183, 201, 210
Materiulistn and Empiro-
Criticism
1949 — 192
1957 — 64
Mather, Dr. Kirtley F.
1949 — 449, 455, 469, 562
1951 — 92, 264, 286
1953 — 131, 151, 171, 172,
173, 175. 176, 280,
281, 282
Mathews, Allan
1943 — 159
1948 — 219
Mathews, Dorothy
1948—210
Mathews. Floyd
1943 — 61. 85
Mathews, J. B.
1948 — 244
Mathieson, F.
1949 — 562
Matles, James J.
1953 — 187, 190
Matlin. Dr. Saul
1951 — 267
1955—233, 234, 235, 237,
288, 313, 317, 319
1959—125
Matlin, Seema
1943—132, 134, 135, 145
Matlin, Walter
1943—138
Matson, Rev. Howard G.
1955 — 383
Matsuo, Kinoaki
1943 — 329, 330
Matthews, Dr. J. B.
1949 — 411, 645
1951 — 2, 98
1953 — 175, 199. 200
1959 — 167
Matthews, Stanley
1948 — 233
Matth lessen. Prof. R. O.
1945 — 195, 196
1949 — 449, 482, 483, 490,
499, 502, 503, 504,
505, 507, 508, 509,
510, 512, 514, 516,
517, 518. 519. 520,
521, 525. 526. 527.
531
1951 — 58. 281
1953 — 173. 281
Mattia, Mary
1948 — 227
Mattis, Mary
1948 — 259
Matulka, Jan
1948 — 248
Matusow
1959 — 193
Maugham, Somerset
1949 — 552
Mauldin, Bill
1948 — 183, 241
Maurcer, George
1947 — 77, 78
1948 — 266
1949 — 423, 424
Maurer, James H.
1948 — 248
Maurer, Rose
1947 — 114
1948 — 227, 228, 326
1949 — 457, 540
Maurer, Prof. Wesley H.
1949 — 482
Max, Alan
1948 — 343
1949 — 543, 545
Max, Ed
1948 — 356
Maxim Litvinoff Against
Aggression
1949—539
May, Dr. Allan Nunn
1949 — 495
1951—90, 175
May, Andrew
1948 — 220
May, Dave
1948 — 17
1949—182
May Day
1948 — 56
1949—182
May Day Parade
1949 — 331, 367, 534
May, Kenneth
1948 — 219
1951 — 177, 186, 196, 198,
200, 201, 206, 207,
208, 212, 213. 217,
INDEX
317
May, Kenneth — Cont.
218, 219, 220, 221,
222, 223, 226, 227,
228, 231, 232, 234,
235, 242
May, Mrs. Kenneth
1951—208, 222
May, Reuben
1948—220
May, Mrs. Samuel
1951 — 231, 232
Mayer, Albert
1949 — 482, 483, 500
Maver, Charles
1948 — 94
1949—554
Maj'er, Edwin Justus
1948 — 250, 256
Maver, Gustave
1951 — 153
Mayer, Dr. Leo
1949 — 482, 490, 514
Mayer, Louis B.
1943 — 247
Mayer, Ray
1948 — 250, 256, 356
Mayes, Barney
1943 — 38, 39
Mavhew, Howard
1957 — 66, 68
Maymudes, A.
1948 — 215, 259, 267, 279
1949 — 438
Maynor, Dorotliy
1948—263
Mayo, Leonard W.
1948 — 320
Mays, Dr. Benjamin E.
1948 — 201
Mazelis, Sarah
1948-179
Mazhdunarodnaya, Kniga
1949—548
Mazour, Dr. Anatole G.
1948—171
Mazur, Sheila
1955 — 389
Mazzini Society
1943 — 287, 288, 315
Meaclier, James L.
1948—161
Mead, Dewey
1947 — 79, 80
1949—424
Mead, Jane
1945 — 116
Meadow, Noel
1948—374
Meadows, Leon
1948 — 261
Meaning- of the Soviet-
German Nonaggression
Pact
1943 — 43, 44
Meany, George
1959—97, 104, 108
Measurement of Teaching
Efficiency 1 The
1953—151
Medical Advisory Board of
the Daily Worker
1949 — 388
Medical Aid to Russia
1949 — 533
Medical and Technical Aid
to Spain
1943^140
Mpdical Association of Cuba
1955 — 93
Medical Bureau and North
American Committee to
Aid Spanish Democracy
1948 — 319, 324, 335, 336,
367, 377
1949 — 326, 331, 468, 510,
511
Medical Bureau for Spain
Memorial Meeting to Com-
1948—142
memorate John Reed's
Medical Bureau to Aid
Death in Moscow
Spanish Democracy
1948—324
1948—147, 270, 310
Memories of Lenin
1949 — 468, 511
1940—190
Medical Economics
Men and Politics
1955—87, 381
1943—19
Medina, Judge Harold
Men in Battle
1951 — 67, 86, 161
194S — 102
1953—186
Men Without Faces
Meet the Author Party
1951—55
1948 — 120
1955—438
Megguler, H. B.
Monackor, Victor
1948 — 94
1948—149
1949 — 554
Mendelsohn, L.
Mehl, Emil B.
1940—191
1943—225, 238, 239
Mendelsohn, Peter
Mehra, H. R.
1047—152, 163
1953—218
1948-288, 303
Meier, Mrs. Catherine
Menier, Leone
1949 — 602
1943—265, 266, 268
Meier, Mrs. Lou
Meniketi, Orlando
1948 — 17
1943 — 356, 376
Meigs, Stewart
Menjou, Adolphe
1948 — 328, 352
1959—113
Meiklejohn, Dr. Alexander
Mensalvos, Chris
1948—114, 179
1955-388
1951 — 44, 45, 46, 47
Menuhin, Yehudi
1953 — 180
1948 — 263, 317
Meicklejohn, Ann
Menzhinsky, Mr.
1948—233
1947—75
Mein Kampf
1951—209
1943 — 54, 218
Merchant Electrical Con-
1947— 5, 13
tractors and Supply
Meitzen, E. R.
Co.
1948-265
1945 — 20
Melby, Ernest O.
Merchant Marine
1948 — 325
1951—101
1949 — 539
Merchant Marine Veterans
Melchior, Lauritz
of America
1948 — 317
Merideth, Madge
Meldon, John
1951 — 249
1948—244, 245
Meredith, Burgess
Melella, Vincent
1947 — 75
1943 — 284, 303, 304
1948—60, 210, 238
Melinkoff, Sidney
1949 — 689
1948—161
Meredith, Lucille
Melish, John M.
1948 — 356
1948—151, 249
Merims, Arthur
Melish, Wm. H.
1948 — 184
1948 — 169, 208, 322, 323,
326, 352
Melish, Rev. William
Howard
1949 — 538, 539, 516, 625
Merivale, Philip
1948—271
1949—469
1953 — 171, 172
1959 — 185
Merkel, Paul
Melish, Mrs. William H.
1948 — 94, 119
(Mary J.)
1949—554
1948—229
Merlin, Milton
Mellet, Lowell
1945—116
1948 — 283
1948 — 171, 276
Mellman, Herman
1951—53
1948—17
Merrell, Elizabeth
Mellon, Mr.
1948 — 250, 256
1947 — 364
Merriam, Eve
Melnikow, Henry
1949 — 482, 490, 500, 506,
1947 — 79, 89, 93
508, 509, 510, 525,
1949—424
526, 535, 536, 537
Meltzer, Leonard J.
Merriam, Governor
1948 — 194
1959 — 19, 22, 26
Meltzer, Lewis
Merriam, Dr. Willis B.
1948—275
1949—482
Meltzer, Milton
Merrick, Fred
1948—354
1948—266
Melvln, Faulkner, Sheehan
Merrill. J. P.
and Wiseman
194S — 162
1959—204
Merrill, Lewis
Membership of Mankind
1945 — 148
United
1948—114, 115, 151, 200,
1943—355
270, 324, 327, 328,
Memorial Day Youth Peace
352, 375
Parade (1938)
1949—448, 449
1940—331
1953—64, 171, 172
318
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Merriman Club
1947 — 278
194S — 215
1951—86
Merritt, E. A.
194S — 17
Merritt, Rabbi Max J.
1949—602, 647, 648
Merritt, Ralph P.
1945—54
Message to Congress
Against the Dies
Committee
1951 — 60
Message to the House of
Representatives Oppos-
ing the Dies Committee
194S — 104, 328, 342, 351
Messer, James
1957 — 58, 59
Metaxas, John
1947 — 6
Metcalfe, Allen
1943 — 163
1947 — 56
194S — 197
Methodist Church
1939—24
Methodist Episcopal
Church (Chicago)
1948 — 246
Methodist Federation for
Social Service
1948 — 73, 246, 335
1949 — 331
Methodist Hospital of
Southern California
1955 — 98
Methodist Student Move-
ment (Charlottesville)
1948— 33S
Metro, Bertha
194S — 185
Metro-Goldw^n-Mayer, Inc.
1947 — 89, 93
1959 — 113
Metropolitan Benjamin, The
1948 — 323
Metropolitan Inter faith
Council
1948—201
1949 — 332, 340, 446
Mevorah, Nissim
1949 — -119
Mexican and Spanish-Amer-
ican Peoples Congress
1949 — 332
Mexican Civil Rights
Congress
1949 — 438
Mexican Communist Party
1951 — 205, 273, 274
Mexican Confederation of
Labor
1951 — 274
Mexican Federation of
Workers
1959—95
Mexican Friends of the
Chinese People
1948—144
Mexicans
1959—20
Meyer, Ben R.
1955 — 107, 222, 226
Meyer, Carl
1947—79
Meyer, Eldred L.
1948—17
Meyer. Rev. Emil
194S — 163
Mever, Ernest L.
1948 — 3 34
Meyer, Mosier M.
1953 — 78
Meyer, Paul
1947 — 79
1949 — 424
Meyerhof, Prof. Otto
1949-482, 500, 518
Meyerhold, Usevelod
1948 — 278
Meverowitz, Vivian
1948 — 184
Meyers, Cora
1948 — 266
Meyers, Court
1945 — 148
Meyers, Dr. E. L.
1947 — 353, 380
Meyers, Freddy
1949 — 467
Meyers, Henry
194S— 261
Michael, Jerome
1948 — 265
Michael, King of Rumania
1949 — 482
Michailson Beryl
194S— 186
1949—562
Michelson, Clarine
1943 — 102
1948—227, 247, 266
1949—457
Michener, Lew
1949 — 93
Michigan Civil Rights
Federation
1948—329, 335
1949 — 332, 440, 446, 447
Michigan Committee for
Academic Freedom
1948 — 338
Michigan Herald
1948 — 225
1949 — 393, 543, 547, 556
Michigan School of Social
Science
1949—332
Michigan State College
1948-339
Michigan University
1948 — 338
Michoels, Prof. S.
1948 — 156
Middleton, John
1948 — 323
1949 — 538, 548
Middough, Lome D.
1948 — 17
Midwest Daily Record
1948 — 49, 93
1949 — 393, 454, 536
Midwest Division of Inter-
national Labor Defense
1948 — 93
Mihailovich
1949 — 414
Mikado, The
1955 — 228
Mike Quinn Club
1948 — 389
1951 — 86, 117, 132, 133
149, 150, 151
1959—126, 127, 135
Mikhailov, B.
1949 — 172
IMikolajezvk, Stanislaw
1949 — 120, 121, 122
Mikovan, Anastas
1957 — 93
1959 — 36, ISO
Miles, Alice
1947 — 73
Milestone, Lewis
1948 — 96, 97, 170, 250,
252, 255, 256, 310,
358
1951 — 58, 59, 208
1953—172
Milestones in the History of
the Communist Party
1953—51
Milford, Lawson
1948^343
Milgram, Morris
1948 — 334
Milgrom, Sam
1949 — 545
Milhand, Darius
1948 — 317
Militant Christian Patriots
1943^259
Militant, The
1957 — 87, 88, 109, 110,
111, 112, 113, 118,
121, 124
Militarv Affairs Committee
1945 — 31
Military Government in
Germany
1959—175
Military Government in
Japan
1959 — 175
Military IntelHs-ence
1959 — 156, 175
Military Intelligence, Pub-
licity Division
1951 — 179
Milk Consumers Protective
Committee
1949 — 332
Milk Consumers Protective
League
1953 — 174
Mill, John
1943—16
Mill, John Stuart
1953—180, 181,
185, 186
Millard, C. H.
1959 — 97
Miller, Arthur
1947 — 106
1949 — 428, 490, 491,
503, 506, 513,
515, 516, 517,
536
Miller, Arthur, Jr.
1949 — 507
Miller, Benjamin
1955 — 333
Miller, Dr. Benjamin F.
1949 — 482, 500, 505
Miller, Carl
1949—437
Miller, Clyde
1949 — 490, 505, 506, 508,
519 526
Miller, Clyde R.
1948 — 193, 264, 391
1949 — 4S2, 499, 502, 510,
512, 515, 517, 518,
524, 528
Miller, David
1948 — 210
1949—548
Miller, Esther
1948 — 343
^Miller, Congressman
George
1947—306
Miller, Helen
1947 — 83, 89
1949—280, 371, 425
Miller, Henry
1949 — 485
Miller, Homer B.
1948 — 17
Miller, Hugh B.
1955 — 404, 405
183, 184,
500,
514,
526,
INDEX
319
Miller, J.
194S— 356
Miller, Jess H.
1948 — 17
1949 — 652
Miller, Kenneth II.
1948 — 331
Miller, Lauren
1947 — 239
1948—109, 110, 146, 19 1,
249, 332, 333
1949—542, 689
Miller, INIarion
1959 — 126, 214
Miller, Marvin
1948—356
Miller, Max
1943 — 382
Miller, Mitchell
1949—482
Miller, Moses
194S — 213
1949 — 546
Miller, Nathan Harry
194S — 194
Miller, Paul
1959 — 214
Miller, Robert T.
1959—172, 174
Miller, Sidney
1948 — 183
Miller, Sylvia
1955-106, 109, 330, 333,
383
Miller v. United States
IQ^cj 253
Miller, William Colfax
1943 — 149, 150
1949 — 178
Millet, Martha
1947 — 106
1948 — 226
Millholland, Charles D.
1947 — 73
Millikan, Chas.
1948 — 17
Millikan, Dr. Robert A.
1948 — 171
Millington, Frances
1947-96, 239
1948 — 355
Mills College
1953—133
Mills, Dick
1948 — 280
Mills, Homer,
1948 — 375
Mills, Saul
1948 — 202, 208
1949 — 452
Milstein, Nathan
1948 — 317
Milwaulvee State Teachers'
College
1948 — 325
1949 — 539
Minarich, G.
1948 — 269
Mine, Hilary
1949 — 124
Mindszenty, Cardinal
Joseph
1949 — 11, 83
Mine, Mill and Smelter
Workers, CIO
1948 — 162, 280
1959 — 94
Mine, Mill and Smelter
Workers Union, Local
700
1951 — 267
Mingroni, Elvira
194S — 268
1949 — 464
Mini, Norman
1943—37, 38
1951 — 102, 104, 127, 135,
136, 137, 138, l;!9,
140, 141, 142, 143,
144, 145, 146, 147,
148, 149, 150, 151,
152, 165, 166
1957—88
Ministerial Alliance
1949 — 438
Ministry of War
Barcelona, Spain
1943 — 122
Mink, George
1952 — 182
Mink, Jack
1948 — 328
Mink, Kelly
1948—184, 185
1949 — 561
Minkus, Abraham
1951 — 255
Minneapolis Civil Rights
Committee
1949 — 332, 440
Minnelli, Vincente
1948—211
Minor, Robert
1943 — 121
1947 — 12
1948 — 94, 176, 213, 243,
246, 266, 343
1949-159, 177, 178, 179,
467, 553
1951—260
1953—175, 257
Minot, Dr. George R.
1948-324
Minowitz, Fred
1947—73
Mins, Leonard
1959 — 174
Mins, Leonard Emil
1949 — 179
Mins, Leonard S.
1948 — 274
1949—472
Minton, Bruce
1945 — 127
1947 — 70, 71, 183
1948-97, 103, 121, 163,
176, 189, 266, 328,
334, 340, 344, 352,
369
1949 — 422
1951 — 58, 93, 172
1953 — 174, 175
Minton, Justice
1959—141
Mintz, Harry
1948 — 196
Mintz, I.
1948 — 326
1949 — 540
Mintz, Sam
1948 — 374
Mintzer, George J.
1949 — 694
Miracle of Happiness, The
1943 — 264, 265
Mirajkar, S. S.
1953 — 231
Mirov, Dr. N. T.
1948 — 171
Mirova, Vera
j^94§ 95
Mirskv, Dr. Alfred E.
1948 — 263
]Mirsky, Judy
1948—356
Mischel, Josef
1948 — 210
Mischel, Joseph
1945 — 116
Misky, Ambassador
1947—290
Mission to Moscow
1943 — 18
1947 — 116
1948 — 366
1949 — 92
Mistral, Gabriella
1951 — 272
Mitchell, Prof. Broadus
1948—233, 321
Mitchell, Dorothy
1948—278
Mitchell, E. D.
1947 — 179
Mitchell, Elaine
1948—184
1949 — 561
Mitchell, Fred
1947 — 77
1949 — 423
Mitchell, Graham
1949 — 437
Mitchell, H. L.
1948—13, 337
Mitchell, Kate
1948—208
1949 — 546
Mitchell, Louise
1948 — 226, 343
1949—621
Mitchell, Mrs. Lucy Sprague
1948 — 324
Mitchell, Stuart
1947—341-347
Mitchell, Rt. Rev. Walter
194S — 198
1949 — 438
Mitchell, Dr. Wesley C.
1948 — 524
Mitford, Jessica
1953 — 260
Mitropoulos, Dimitri
1948 — 317
Mittler, Leo
1947—72
Mitzell, Charles Michael
1948 — 323
Mlin, Lionel J.
1948 — 339
Mobilization for Democracy
1947 — 34, 45, 48, 50-62, 70,
188, 190, 369
1948—60, 61, 75, 139, 148,
203, 221, 254, 308,
309
1949—292, 333, 421, 446,
560, 625, 695, 705
1951_58, 248, 249, 253,
256, 265
1955 — 461, 462
1959 — 137
Model, L.
1949 — 535
Model, Lisette
1949 — 482
Model Youth Legislature of
Northern California
1947 — 103
Model Youth Legislature of
Northern California
(1939)
1949—333
Modern Book Shop
1948 — 224
1949 — 333
Modern Culture Club
1948—392
1949—333
Modern India
1953 — 232
Modern Russian, Self
Ta%ight
1951—153
320
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Modesto Bee
1948 — 15
1949 — 9
Modesto Defense Committee
1949 — 333
Moffatt, Ivan
1948 — 210
MofEatt, J. K.
1947 — 90
MofEatt, Judge Stanley
1947 — 96, 180, 247, 248
1948 — 63, 170, 172, 183,
185, 198, 202, 267,
268, 382
1949 — 470, 689
1951 — 248, 255, 275, 281
1955 — 390
Moffett, Stanley
1959 — 185
Mohr, Freda
1948 — 376
Molkenbuhr, Judge Edward
1955 — 51
Moll, Elick
1947—179
Molle, Dr. Joseph L.
1948 — 18
Mollegan, Rev. A. T.
1948 — 109
Mollenhauer, Wm.
1948 — 266
Molnar, Julius
1948 — 94
1949 — 554
Molotov Among Us
1948 — 360
Molotov, V. M.
1943 — 36, 43-45
1949 — 28, 30, 44, 48, 78,
80, 88, 91, 99, 165,
187, 192, 193, 618,
645
1953 — 28, 44, 45, 67, 68,
73, 232, 272
1959—45
Money Raising for Support
of Longshoremen Strike
1943 — 120
Monglovskaya, G.
1953 — 234
Monjar, Elsie M.
1948—214
Monroe, Dr. Bertha
1948 — 144
Monroe, Dr. Eason
1955 — 318
Monroe, Keith
1947 — 89, 91
1949 — 425
Monroe, Lillian
19 43 — 37, 39
1951 — 135
Montagu, Ivor
1949— ISl
Montague, Prof. William P.
1949 — 482
Montanarello, Felix
1948 — 94
1949 — 554
Monteleone, Mae
1948 — 18
Monterey Peninsula Herald
1943 — 312
Montesquieu
1959 — 206
Monteux, Mr. and Mrs.
Pierre
1947 — 90, 93
1948 — 324
Montgomery, McDonald
1948 — 239
Monthly Communist
1957 — 146
Montier, Lillian
1951 — 230
Montier, Qiiin
1948 — 220
Montier, Wni.
1948 — 220
Moody, Henrietta
1955 — 3S8
Moon, Bucklin
1949 — 482, 490, 500, 516
Mooney, Anna
1947 — 78. 79
1949 — 424
Mooney-Billings Mass
Meeting Sponsors
1948 — 34
Mooney Defense Committee
1948 — 34
1949 — 333
Mooney, John B.
1947 — 78
1949 — 424
Moonev, Tom
1948—11, 107, 148, 153,
201, 226, 266, 328,
377
1949 — 347, 372
1951 — 199
Moore, C. G.
1949 — 437
Moore, Prof. Douglas
1948 — 240, 317, 331, 390
Moore, Frances
1943—60, 112
1947 — 78
1949 — 424
Moore, Frankie
1948—18
Moore, George H.
1948 — 185, 239
1949 — 435
Moore, Harriet L.
1948 — 169, 170, 57
1949 — 412
Moore, Helen
1948 — 375
Moore, Jack
1943 — 25, 26, 60, 67, 68,
77, 141
1945 — 153
1947 — 170, 297
1951 — 83, 84, 85
1959 — 18, 110, 111, 112
Moore, Marianne
1948 — 331
Moore, Marilvn
1948 — 356
Moore, Miriam Brooks— -see
Sherman, Miriam
Brooks
Moore, Phil
1948 — 317
Moore, Sam
1945 — 116
1947 — 96, 179, 186, 187,
239, 302
1948—59, 183, 279, 280,
355
1949 — 482, 500
1951 — 53, 271
Moore, Sidney
1948 — 203
1955 — 383
Moore, Sir Thomas
1945 — 70
Moore, Ward
1943 — 152
Moos, Elizabeth
1948 — 325
1949 — 539
1959 — 185
Morals, Herbert
1948 — 178
Moreau, Margaret
1948—195
Moreford, Richard
1948 — 322, 323, 328, 352
1949 — 538
Moreland, Helen Hall
1948 — 13, 170, 177, 178
1951 — 286
Moreno, Louisa
1947 — 89
1949 — 425
Morford, Richard
1949—538
1953—273
Morgan, Anne
1948 — 180
Morgan, Bayard Quincy
1959 — 185
Morgan, Beatrice
1948 — 215
Morgan, Dan
1947 — 77
1949 — 423
Morgan, Henry
1948 — 240, 356
Morgan Hull Section of the
Communist Party
1948 — 207
Morgan, J. J.
1947 — 50, 227
1948 — 215
Morgan, J. P.
1947 — 362, 364
Morgan, John P.
1951 — 193, 194, 195, 196
Morgan, Monty
1948^356
Morgan, Dr. Thomas L.
1948 — 18
Morgan, Wallace
1948-331
Morgan, Willis
1948 — 383
Morkowski, Ray
1947 — 242
1949 — 436
Morlev, Christopher
1948 — 248
Morlev, Felix
1948 — 321
Morlev, Karen
1947 — 73
1948 — 19S, 279, 356
1949 — 689
1953—104
Mornard, Jacques
1951 — 272
Morning, Freiheit
1947 — 68, 201
1948 — 136. 157
1949 — 157, 179, 199, 388,
393, 420, 545, 622
1951 — 267
Morning Freiheit
Association
1948 — 36. 38, 47, 136, 225
1949 — 390, 545, 546, 622
1955 — 390
Morris, Dean Samuel B.
1948 — 112
Morris, Edita
1949 — 486
Morris, Mrs. Eleanor
1943—257
Morris, Freda
1955 — 891
Morris, George
1948 — 343
1949 — 621
1959 — 195
Morris, J. V.
1949 — 486
Morris, M.
1949 — 179
Morris, Margaret
1953—153, 175
INDEX
321
Morris, Maria
1947—77
1949 — 423
Morris, Robert
1947—239
194S — 109, 110
1955 — 208, 390
1959 — 183
Morris, Robert S., Jr.
1948 — 35
1953—86, 100
Morris Sinolan Club
1947 — 174
Morris, William, Jr.
1945 — 116
1948 — 201, 263, 322, 323,
358
1949 — 538
Morrison, Charles Clayton
1948—247, 321
Morrison, Dr. Lester M.
1948 — 171
Morrison, Dr. Philip
1949 — 482, 483, 490, 491,
495, 500, 509, 514,
518, 527, 535
Morros, Boris
1959 — 167, 183. 211
Morse, Mrs. Emily
1948 — 355
Mort, Paul R.
1953 — 153
Mortimer, Wyndham
1949—93
1959 — 23, 101
Morton, Don
1943—36, 61, 65, 84, 115,
177, 182, 183
Morton, Donald
1959—130
Morton, Hazel
1948 — 328
Morton, Laurence
1947 — 73
1948 — 170, 171, 317
1949 — 698
Morton, Philip
1947 — 89, 91
1949 — 425
Morton, Ruth A.
1948 — 321
Mosby, Olive
1948—226
Moscow Art Theatre
1949 — 529
Moscow Bolshevik, The
1949—166
Moscow Conservatory of
Music
1949 — 493
Moscmv Daily Neios
1947— 202,"313
Moscow New Tivies
1949—486
Moscow News
1948—107, 326
1949 — 539, 619, 621
Moscoiv Over Hollywood
1955 — 461
Moscow Pravda
1949 — 485
Moscow Soviet of Workers'
Deputies
1949 — 226
Moscow Trials
1948 — 96, 97, 325
Moscowitz, Jacob
1949 — 482, 500, 525
Moseley, Rev. J. Edward
1949 — 482
Moses, Rabbi
1948 — 162
Mosk, Mrs. Edna
1947—239
Mosk, Edward
1947—235-239, 241
1948 — 198, 355
1949 — 435, 650
1951 — 25
1955—364
Moskowitz, Charlotte
1948 — 334
Moskowitz, Harriet
1948 — 184, 185
1949—501
Moskowitz, Hy
1955 — 360
Moslem League
1953 — 226
Moss, Carlton
1947—239
1948 — 183, 355, 378
1949 — 557
Moss, Edna
1949 — 546
Moss, Frank L.
1948—210, 255
1955 — 455
Moss, Jack
1955—455
Moss, Joey
1943—140, 141, 153, 154
Mosure, Myrtle
1949—437
Mother Ella Reeve Bloor
Banquet
1948 — 324, 236
Mother Russia
1948—326
1949 — 539
Motion Picture Alliance
1955—384.
1959 — 116
Motion Picture Alliance for
the Preservation of
American Ideals
1948 — 16
1959 — 113
Motion Picture Artists
Committee
1948 — 159, 168, 310
1949 — 333
1951 — 58
1955 — 455
Motion Picture Artists
Committee to Aid
Spanish Democracy
1948—256
Motion Picture Cooperative
Buyers' Guild
1943—108
Motion Picture Democratic
Committee
1947—170
1949 — 315, 316, 333, 334,
454, 628
1955 — 455
1959 — 24, 112
Motion Picture Electricians,
Local 728
1947—177
Motion Picture Industry
1943 — 79
1959 — 10. 109, 113
Motion Picture Industry
Council
1955 — 441, 446
Motion Picture Laborers
and Utility Workers,
Local 727
1947—177
Motion Picture Painters
Local 644
1947 — 169, 192
Motion Picture Producers
Association
1947—176
Motley, Willard
1949 — 482, 490. 500, 514,
515, 527. 536
Motor Vehicles, State
Department of
1943—134
Mottram, Mi.ss Grace V.
1947—119. 120
Moulton, Rt. Rev. Arthur W.
1949—482, 483, 491, 500.
502, 505, 507, 509,
510, 516. 523, 528,
529, 530, 531, 532,
533
1951 — 273, 276
Moulton, Bishop W.
1948 — 324
Mountbatten
1953 — 227
Moussina, Leon
1948 — 278
Mr. Pine Paces Life
1948 — 342
Mradnick, John
1947—96
Mt. Holvoke College
1948—353
Mt. Sinai Hospital
1955—209
Mucci, Prank
1948—343
Mudd, Stuart
1949 — 534
Mudd, Mrs. Stuart
1949—482
Muehling-, Charles
1948 — 355
Muehlke, Frank
1943—225, 239, 240
Muelder, Prof. Walter
1948 — 255
Muenzenberg, Willi
1951—257, 259
1959—121, 135, 171
Muenzenberg, Willie
1948—237, 242, 243
1949—173, 259
Muir, Jean
1951—286
Muir, Robert
1943—138
Muir, Virginia C.
1949—415
Mukerjee, Professor
1953—234
Mukherji, Bankivu
1953—231
Muks
1953—90
Muller, Dr. H. S.
1949 — 496
Mulzac, Hugh
1948 — 378
1949—557
Mumford, Lewis
1945—121, 126
1948 — 151, 194, 199
1951—92
Mundt-Nixon Bill
1949—133, 294, 604, 628,
629, 678
Muni, Paul
1948—196, 250, 256, 310
Munich
1943 — 219
Munoz, Servando
1947 — 91
Munsh Singh
1953—223
Munson, Osa
1948 — 252. 255
Murdock. Prof. Kenneth B.
1949—482. 507
Murdock. Pele
1953 — 279, 282
11— L-4361
322
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Murdock, Steve
1948—185
1949—429, 430, 689
1953 — 259, 280
Murdock v. Clark
1949 — 246
Murphy, A. M.
1943 — 181, 183
Murphv, Amos
1948 — 383
Murphy, Daniel C.
1947 — 79, 80, 90, 93
Murphy Defense Committee
1948 — 34
1949 — 334
Murphy, Justice Frank
1949 — 632
Murphy, Dr. Gardner
1949 — 482, 499, 502, 506,
507, 508, 510, 512
Murphv, George, Jr.
1949—557
Murphy, George H.
1949 — 565
Murphy, Mary
1949 — 485
Murphy, Maurice
1943—161
1948 — 256
Murphy, W. K.
1948 — 18
Murray, Donald A.
1943 — 135, 143, 144, 147,
148, 150, 153, 171
1948 — 316
Murray, Dr. Henry A.
1949 — 482, 499
Murray, Senator James E.
1947 — 115
1948—324, 377
Murray, James Sterling
1951 — 79
Murray, John
1948 — 378
Murray, Lyn
1948 — 240
1949—544
Murray, Nora
1953 — 7
Murray, Philip
1945 — 148
1947 — 233
1948 — 181, 248, 324, 343
Murray, Vincent
1948—377
Murrays Dude Ranch
1948 — 203
Murrish, William
1955 — 304, 347
Musicians Committee to Aid
Spanisli Democracy
1948—311, 391
1949—334, 511, 698
Musicians Congress
1948 — 116, 316
Musicians Congress
Committee
1948 — 310, 311, 316, 317
1949 — 334, 698
Musicians Democratic
Committee
1948—311
1949—334
Musicians Local 47, AFL
1947—51, 262
Musicians Open Forum
1949 — 334
Musicians' Union
1949 — 476
1951 — 83
1959 — 20
Mussa, Edward
1948 — 257
1949—689
Mussolini, Benito
1943 — 42, 282, 283
1947 — 5, 200
1948 — 32, 78
1949 — 20, 71, 87, 617
1951 — 47, 66
1953 — 29, 44, 215
1959 — 45, 47
Must Men Hatef
1947 — 360, 362
Mustak, John
1943—61, 177, 195, 196
Muste, A. J.
1948 — 109
1957 — 83
Muster, Morris
1945 — 147
1948 — 151
1953 — 63, 64
Muster, Stanley
1948 — 327
Mutual Broadcasting
Company
1947 — 364
Muzaffar, Ahmed
1953 — 230
My Ten Years as a
Counterspy
1959 — 167, 211
Myer, Dillon
1945 — 50
Myers, Dr. Alonzo F.
1948 — 262, 320, 386
Myers, Frederick
1948 — 340
Myers, Gertrude
1948 — 227
Myers, Henry
1948 — 215, 372
Mj'ers, Mrs. Henry
1948—252
Myers, Mike
1953—107
Myerscougli, Tom
1949 — 178
Myerson, Seymour
1955—355
Myerson, Vivien
1955—391
Mc
McAvoy, Clifford T.
1948 — 324, 328
1949—317
McBain, J. W.
1947 — 88
1948—171
McBeth, Hugh, Jr.
1948 — 202
McBride, Isaac
1948—114
McBride, James Morrison
1943 — 225, 231, 232, 266,
277
McBride, Judge Lois Mary
1948 — 324
McBride, Lydia Joan
1943 — 225, 232, 266, 275,
276
McBride, "W. A.
1949 — 601
McCabe, Louis F.
1948 — 265, 266, 271, 272,
328 331
1949—469! 481, 488, 499,
502, 506, 508, 509,
511, 512, 514, 518,
520, 521, 522, 523,
524, 526, 541
McCahon, Robert
1948—356
McCall, Johnny
1955—446
McCall, Mary C, Jr.
( Mary McCall Bram-
son)
1945 — 116
1947 — 183, 185, 186
1948 — 97, 252, 253, 255,
260, 261, 279, 372
1935 — 436, 444, 445, 446
McCallie, Mrs. Lucy
1947 — 96
McCall's
1948 — 276
McCalmont, Mrs. Elizabeth
1947 — 242
1949 — 436
McCandless, Betty
1947 — 97, 98, 239
1949—563, 689
McCandless, Elizabeth
1948—187, 188, 198, 280,
355
McCanus, Elizabeth
1947—96
McCarran Immigration Act
1953 — 190
McCarran, Senator Pat
1953 — 122, 211
1959 — 56
McCarran-W alter Act
1959—39, 103, 120, 189,
211
McCarthy and Rowell
1951 — 160
McCarthy, Esther A.
1943—61
McCarthy, Francis
1947 — 79
1948 — 172, 173
McCarthy, Senator John F.
1959 — 204
McCarthy, Senator Joseph
1953 — 211
1955—94, 169, 192, 214,
215
1957 — 62
McCarthy, W. Robert
1948—186
1949—562
McCausland, Elizabeth
1949 — 481, 500, 508, 510,
512, 518, 534
McChesney, Robert
1947 — 94
McClain, Elmer
1948 — 272
McClanahan, Councilman
Meade
1949—290
McClanahan, C. J.
1948 — 95
McClatchy Papers
1949 — 9
McClelland, Virginia
1948 — 18
McClure, Greg
1948 — 356
McCollie, Mrs. Lucie
1948 — 184
McComb, Marshall F.
1949 — 597
McConnell, Dorothy
1948—151
McConnell, F. W.
1948 — 233, 328
McConnell, Francis J.
1949 — 449, 471
McConnell, Bishop
Francis J.
1948—109, 113, 114, 151,
202, 246, 273, 320,
334, 335, 392
McConnell, Winifred
19 49 — 59 6
McCormick, Frank
1947 — 150, 151, 160, 162-
165
1948 — 287, 290, 303, 308
INDEX
323
McCormick, La Rue
1943 — fio, 160
1947—65, 97. 170, ISO
1949 — 418, 524, Gil, 612,
636, 689
1953 — 175
INIcCormick, Mrs. La Rue
1943 — 203, 207, 209, 210,
214-216
1945—139, 141, 176-177.
184
194S — 120. 132. 140, 214,
233, 235, 260, 274,
361, 363, 369, 384
WcCown, Prof. C. C.
1947 — 242
1948 — 233
19 49 — 136
McCoy, Ellaine
1948-171
McCoy, Hasie
1948 — 275, 276
McCroskev, John R.
19 49 — 596
McCullouprh, Mrs. Faith
1943 — 260
McCullouGTh, Naida
1948—317
McCuns, Dr. Donovan J.
1949 — 483
McDaniels, Luchell
1948 — 94
1949 — 554
McDonald, Mrs. Bessie
1949 — 437
McDonald, David
19 45 — 148
McDonald, Mrs. Fraser
19 47 — 239
McDonald. Dr. Fraser X.
1948 — 171, 255, 279
McDonald, Gordon E.
1948—356
McDonald, .John J.
1948 — 18
McDonald, Loraine
1947—185
McDonald, Mrs. Mark
1948 — 144
McDonald, Worden
1955 — 416
McDowell, Marv E.
1948 — 145, 247
McDuffle, Mr. and l\Irs.
Duncan
1948 — 194
McElroy, Walter
1943 — 128-133, 135-136,
139. 142. 144, 170.
173
McEven, Nora
1948 — 215
McEwen, Mary Alice
1948—356
McFee, Lee
1948 — 331
McPetridse, Wm. L.
1948 — 323. 324
1949—538
McGailliard. Prof. John C.
1949—481
McGavnev, Ruth
1948 — 8, 215, 219
McGee, Wm. L.
1948 — 233, 328. 352
McGenty, Leona
1943 — 135-137. 140. 142,
144, 146. 147, 150,
164. 166, 171. 173
19 47 — 73
1948 — 312. 315. 316
1951 — 83
McGiffert. Dr. and Mrs.
A. C.
1948—194
McGlll, Earle
1948—263
McGill, James H.
1948 — 114
McGinnis, Marie
1947 — 72
McGoldrick, Joseph D.
1949—341
McGovern, Dr. William M.
1949 — 104
McGovney, Ruth
1953 — 256
McGowan, Kenneth
1945—116
McGowan, Mrs. Kenneth
1948 — 278
McGrath
1951-23
INIcGrath Case
1959 — 141, 142
McGrath, Frank
1945 — 148
McGrath, Frank R.
1953-64
McGrath, Henrv F.
1948 — 358, 359
McGrath, Thomas
1947—106
McGraw, J. J.
19 49 — 658
McGreer, Fred
1948 — 18
McGreg-or, Betty
1949 — 560
McGuckin, Vivian
1948 — 343
McGuine, Donald
1948—200, 351
McGuinnes.s, James
1959 — 113
McGuinress, James K.
1948—190
McGuire, Dorothy
1948 — 210
McGuire, Robert L.
1949 — 596
McHenry, Dean E.
1945 137
1947 — 67, 71. 72, 95. 258
1949—422
Mcllvain case
1949 — 256
Mclneny, Katherine
1948 — 152
Mclntvre, John
1948 — 356
McKav, Claude
1949—177
McKee, Elnore M.
194S— 320, 321
McKelvey, Dr. Ravmond G.
1948 — 109
McKennv, Ruth
1945 — 127
1947—9, 56, 71, 183
1948—97, 103, 136, 141,
163. 176. 189, 192,
234, 249, 340. 344
1949 — 422
1951 — 92, 172
1953 — 171, 175
McKenzie, Howard
1948 — 323
1949 — 538
McKibben. Norman
1948 — 103
McKie, Wm.
1948 — 212
McKnight, Russell L.
1945—137
1947 — 67
1949 — 419
McClean Case
1957—80
McLean, James C.
1947—226
McLeod, Donald
1948 — 94
1949—554
McLowin. B. F.
1948—321
McMahan, Aline
1947—239
McManus, John T.
1948 — 262
1949 — 481, 484, 490, 500,
503, 504, 506, 508,
509, 513, 514. 515,
518, 524, 530
McMichael, Dach
1948 — 184, 185
1949 — 561
McMichael, Dash
1953—259
McMichael, Jack
1943—93
1948 — 162, 181. 186. 198,
208, 226, 328
1949 — 448, 449, 452. 481.
488, 489. 499, 503.
505, 506. 507, 508,
511, 512, 513, 514.
515. 517. 518, 519.
520. 521. 522. 523,
525, 526, 530. 532,
535
1953 — 174
McMillan, Hon. Lester
1947—96
1948 — 182, 183. 185
McMillan, Wayne
1948 — 375
1949 — 481, 488, 499, 502.
507. 510. 512, 531
McMurray, Justice
1959 — 206
McNair, J. W.
1948 — 233
McNair, Jerome
1951—286
McNamam, J. B.
1948 — 107, 266, 328
1951—136
McNear, Ann
1948 — 151
McNeil, Lucile
1943 — 60
McNeill, Allan
1949 — 428, 434
McNitt. Frank
1957 — 28
McNitt, Rollin
1947-183-186
1948 — 239
1949 — 435
McNutt, Ernest
1948 — 180
McNutt, Waldo
1948 — ISO
McPherson, Dr. Walter E.
1955—145, 146, 149
McTerman. John T.
1959—185
McTernan, Francis
1955—52
1959 — 124. 132
McTernan, Francis, Jr.
1953—260. 263, 267
McTernan, John
1953—260
McTernan, John L.
1959 — 128
McTernan, John P.
1947_70, 179, 185-187,
242
1948 — 116, 177. 178, 346
1949 — 421, 436
McTernan, John T.
1949 — 689
1951—260, 264. 285
1959 — 99
McTernan, John Trip
1955—52
324
UN-AMERICAN ACTWitieS IN CALIFORNIA
McTernan, Katherine
1947 — 71, 72, 78, 79
1949 — 422, 424, 689
McTernan, Kay
1955 — 3 92
McWillianis, Carey
1943 — 87, 129, 149, 156
158, 159, 163, 203
210, 217
1945—127, 128, 137, 139
141, 193-195
1947 — 34, 47, 54, 55, 67
97, 98, 116, 126
130-132, 138, 170
179, 188, 189, 208
209, 235, 236, 239
242, 348, 349, 354
194S — 4, 106. 109, 114, 116
146, ISO, 162, 176
179, 184, 193, 198
199, 201, 208, 226
233, 235, 239, 244
249, 254, 258, 265
267, 268, 272, 273
279, 308, 309, 327
328, 330, 332, 341
344, 346, 351, 354
355, 358, 359, 375
376, 382
1949—146, 147, 419, 435
436, 448, 449, 455
464, 471, 478, 481
488, 490, 498, 501
502, 503, 504, 505
506, 508, 510, 511
512, 513, 514, 516
517, 518, 521, 523
526, 527, 532, 536
537, 542, 547, 689
1951 — 63, 56, 57, 58, 59
60, 65, 92, 93, 235
255, 263, 264, 271
1953 — 131, 139, 151, 172,
176, 177, 281
1955 — 329, 383
1959 — 209
McWllliams, Mrs. Robert
1947 — 79, 89, 93
N
NAACP Youth Council
1948 — 338
Naboisek, Herbert
195.3—255
Naboisek, June
1948 — 215
Nacht-Express
1951—41
Nadir, Moislie
1945 — 125, 126
1948 — 194
Nadji, General
1949 — 555
Nagata, S.
1943 — 337
Nagle case
1949 — 246
Nagy, Ferenc
1949 — 114, 115, 116, 654
Nahem, Joseph
1949 — 442
Naiditch, Jack
1953 — 79, 99, 121, 124,
125
Xaileben
194S — 225, 261
1949 — 393
Naked City
1948—131
Naked God. The
1959—85, 147
Nakedness of Howard Fast,
The
1959 — 147
Nance, Merle
1948 — 343
Naranjan Singh
1953 — 218, 219
Narodna Volya
1949 — 181
Narodna Wola
1949 — 467
Narodni Glasnik
1948 — 225, 269
1949 — 181, 393, 467
Nasatir, Esther
1947 — 239
1948 — 355
1955—318
Nash, N. Richard
1948 — 210
Nash, Naomi
1948 — 378
Nashburn, Mrs. Genevieve
(Same as Masliburn)
1955 — 32, 40
Nassau County (N. Y. ) Con-
ference for Human
Rights
1949 — 446
Nass! Swiah
1949—181
Nathan, Dr. Otto
1949 — 482
Nation, The
1947 — 313
1948 — 246
1949—620, 621
1955—185
1959 — 186, 209
National Action Committee
1957 — 65
National Advertising
Council
1949 — 660, 673, 676
National Antiwar Week
1949 — 334
National Archives
1959 — 174
National Association for the
Advancement of Colored
People
1947—241, 293, 294, 304
1948 — 43, 149, 254, 338
1949 — 435, 438
I^QI 289
1957 — 26, 27, 60, 96, 99,
100, 104-125
National Association of
Manufacturers
1951 — 46
National Association of
Mexican-Americans
1955 — 391
National Association of
State Attorneys General
1959 — 188, 197
National Board of the
Young Communist
League
1949—409
National Book Agency
1953 — 229
National Book Mart
1943 — 232, 233
National Broadcasting Co.
1947 — 364
1948 — 263, 264
National Chinese
Government
1949—311
National Citizens Political
Action Committee
1947 — 101, 184, 1S8, 196,
209, 233, 236, 237,
241, 369
1948—38, 115, 116, 217,
254, 334-336
1949 — 315, 351, 352, 435,
477, 512, 628, 705
1955 — 364, 365
National Citizen's Political
Action Committee,
Southern Calif. Chapter
1951 — 248
National Civil Rights
Federation
1949—335
National Committee Against
Censorship of the The-
atre Arts
1948-52, 130
1949 — 335
National Committee for
Browder and Ford
1948 — 196
National Committee for
People's Rights
1948 — 61, 122, 155, 156,
364
1949 — 335, 336, 440, 453
1959—140
National Committee for the
Arts, Sciences and Pro-
fessions
1949—623
National Committee for the
Defense of Political
Prisoners
1948 — 61, 112, 122, 155,
364
1949 — 335, 512
1959 — 137, 140
National Committee of the
Communist Party of
the United States
1948 — 10, 94, 95
1949 — 394, 441
National Committee of the
International Labor De-
fense
1948—93
National Committee to
Abolish Poll Tax
1947 — 45
1948—319, 320, 334-336
1949 — 336
National Committee to Aid
Victims of German Fas-
cism
1948—324
1949—336
National Committee to De-
fend Political Prisoners
1949—348
National Committee to De-
fend the 12 Communist
Leaders
1953 — 247
National Committee to Win
the Peace
1948 — 124, 197, 318, 354
1949 — 336, 373, 467
1955—88
National Communist Party
—see Communist Party
National Conference for
Democratic Rights
1949—448
National Conference on
China
1948—218
1949 — 105, 505
National Conference on
Civil Liberties
1948 — 61, 335
1949—336, 440
National Conference on Con-
stitutional Liberties in
America
1948—112
INDEX
325
National Congress for Un-
employment and Social
Insurance
1948—63, 324
1949—337
National Congress of Arts,
Sciences and Profes-
sions
1953 — 247
National Congress on Civil
Rights
1951 — 264
National Copperheads of
America
1943—232, 258, 259
National Correspondence
School
1947 — 74
National Council Against
Conscription
1948 — 319, 320, 321
1949—337
1955 — 453
National Council for Protect-
tion of Foreign Born
"Workers
1948—114, 321
1949 — 337
National Council for Public
Morale
1948 — 131
National Council for the
Protection of the For-
eign Born
1948 — 113, 321
1949 — 337
National Council of Amer-
ican-Soviet Friendship
1953 — 131, 247, 265, 272,
273, 274
1955—88
1959 — 141, 146
National Council on Soviet-
American Friendship
1947—219
1948-38, 53, 65, 102, 123,
168, 169, 225-228,
247, 321-327, 334-
336, 365, 366, 381
1949—124, 280, 281, 283,
292, 311, 337, 400,
403, 453, 454, 455,
456, 457, 467, 524,
530, 532, 533, 537,
538, 539, 540, 546,
547, 558, 623
1951 — 280, 286, 287
National Council of Amer-
icans of Croatian De-
scent
1949 — 337
National Council of Arts,
Sciences and Profes-
sions
1949 — 52, 147, 338, 476,
479, 483, 518
1951 — 268, 269, 270
1955 — 188, 311, 338, 346,
362, 386, 392, 393
1959—137
National Council of
Colored Women
1951 — 289
National Council of
Croatian Women
1949—289, 338
National Council of Jewish
Communists
1948 — 225
1949—390
National Council of Negro
Youth
1948 — 1G8
1949 — 338
National Defense
(Moscow)
1948—123
National Defense Program
1945 — 5
1951 — 17
National Economic Com-
mission on Migratory
Workers
1959 — 13
National Education
Association
1947—115
1953 — 182, 183, 194
1959—52
National Emergency Com-
mittee to Stop Lynching
1949—338
National Emergency
Conference
1947 — 210
1948 — 115, 335
1949 — 338, 339, 448
1951—93
1953—177, 281
National Emergency Confer-
ence Against the Gov-
ernment Wage Program
1948 — 263
1949 — 338, 696
National Emergency Con-
ference for Democratic
Rights
1948—112, 115, 319, 327,
334-336
1949—334, 338, 339, 453
1953—177
National Farm Labor Union
1948 — 337
National Farmer-Labor
Party
1959 — 27
National Farmers' Union
19 48—35 4
National Federation for
Constitutional Liberties
1947 — 202, 219
1948—104, 115, 121, 134,
141, 166, 201, 226,
249, 253, 310, 324,
327-330, 334-336,
342, 362, 381
1949—148, 291, 292, 300,
313, 320, 332, 338,
339, 348, 371, 372,
439, 440, 443, 446,
447, 448, 453, 454,
455, 512, 517, 521,
548
1951_60, 93, 248, 249, 264
1953 — 281
1955 — 88
1959 — 124, 140
National Free Browder
Congress
1948-34
1949 — 340, 520
National Guard
1949 — 379
1957 — 115
National Guardian
1949 — 394
National Health Foundation
1955—108
National Hunger March
to Washington
1948—34
1949 — 340
National Institute of Arts
and Letters
1948—330
1949 — 340
National Issues
1948—225
1949—394
National Joint Action Com-
mittee for Genuine So-
cial Insurance
1948—73
1949—340
National Labor Bureau
1947 — 89, 93
1949—424
National Labor Committee
Against War
1948 — 342
1949 — 341
National Labor Relations
Board (NLRB)
1947 — 172, 187, 192, 211
1955 — 48, 49, 50, 451
1959—128
National Labor Relations
Board, Enforcement
Division
1955—50
National Labor Relations
Board v. International
Brotherhood of Elec-
trical Workers
1955 — 62
National Labor Relations
Board v. Jones and
Lauf/hlin Steel Corp.
1955 — 62
National Lawyers' Guild
1943 — 98
1947—33, 48, 89, 93, 180,
187, 188, 250, 255
1948 — 52, 147, 149, 163,
203, 205, 206, 221.
259, 318, 322, 331,
332
1949 — 148, 318, 327, 341,
466, 538, 540-542
1951—253, 261, 262, 263,
264, 265, 268
1953—1, 247
1955 — 96, 97, 390, 450
1959 — 20, 126-135, 137,
144, 197
National Lawyers Guild,
Civil Liberties
Committee
1959 — 129
National Lawyers' Guild
Los Angeles Chapter
J95J 255
National Legion of Mothers
of America
1943—254, 256, 257
National Liberation Front
1949 — 125, 127
National Maritime Union
1947 — 75, 81, 90, 92, 145,
146, 161, 165, 370
1948 — 115, 202-209, 212,
293, 294, 296, 297,
339
1959 — 93, 109
National Maritime Union
of America
1953—63, 64, 65, 259
National Maritime Uiiion of
Amei'ica v. Uersog
2955 62
National Maritime Union —
Women's Auxiliary
1949 — 525
National Negro Congress
1943 — 135
1947—163, 219, 228, 230
1948—35, 61, 75, 93, 95,
148, 168, 180-182,
318, 333-335, 354,
355, 381
1949_328, 329, 341, 342,
446, 447, 453, 454,
455, 467, 512, 546,
551, 625
1951—25, 280
326
UN-AMERICAN ACTIVITIES IN CALIFORNIA
National Negro Congress —
Continued
1953 — 102
1957 — 105, 119
1959 — 20, 23, 140
National Negro Congress,
Executive Secretary
1951 — 25
National Negro Council
1947 — 293
National Negro Women's
Council
1947 — 45
1948 — 75, 335
1949 — 342, 551
National Nonpartisan Com-
mittee to Defend the
Rights of the 12 Com-
munist Leaders
1951 — 281
National Patriots
1943 — 231, 233
National People's Com-
mittee Against Hearst
1948 — 151, 324, 333
1949 — 342
National Political Action
Committee
1949 — 543
National Reception Com-
mittee to the Russian
Delegation
1948 — 147
1949 — 342
National Religion and
Labor Foundation
1948 — 335
National Republic
1949 — 654
National Recovery Act
1959 — 187
National Recovery
Administration
1959 — 173
National Research Project
1959 — 173
National Review, The
1959 — 48, 53, 109, 197
National Right to Work
Congress
1947 — 210
1948 — 63, 336
1949 — 342
National Security Commit-
tee of the American
Coalition of Patriotic,
Civic and Fraternal
Societies
1949 — 539
National Share-Croppers
Fund
1948 — 334, 336, 337
National Socialist German
Workers' Party
1943 — 221
National Socialists (Nazis)
1943—219
National Student League
1943 — 98, 99
1948 — 178, 337, 338, 377
1949 — 342, 343, 360, 403
1951 — 8, 9, 37
1^53 — 135, 161, 175, 198
1959 — 130, 137
National Students League
1955 — 420
National Students Union
1953 — 161
National Unemployed
League
1948 — 383
1949 — 343
National Unemployment
Councils
1948—383
1949 — 343, 365
National Unemployment
Insurance Day
1959 — 92
National Union of Marine
Cooks and Stewards
1947 — 75, 92
1955 — 3SS
National University
1955 — 93
National Wallace for
President Committee
1949 — 343
National Wartime Confer-
ence of the Professions,
the Sciences, the Arts
and the White-Collar
Fields
1948 — 97
1949 — 344
National Win the Peace
Committee
1948 — 112
1949 — 369
National Youth Admin-
istration
1959 — 173
National Youth Assembly
Against UMT
1948 — 279, 338
1949 — 343
National Youth Congress
1959 — 137
Native Daughters of
Golden "West
1948 — 16, 19
Native Land
1948^247, 373
Native Sons of Golden
West
1945 — 58
1948 — 17, 18
1949 — 637, 652, 670
Nature Friends of America
1949 — 344
Naval Air Station, Floyd
Bennett Field
1959 — 103
Naval Bureau of Ordnance
1959 — 175
Naval Intelligence
1959—156, 175
Naval Record Management
Section
1959—175
Naval Shipyards, Brooklyn
1959 — 103
Navarro Gabriel
1948 — 375
Navy Communications
Service
1959 — 103
Nazaroff, Alexander
1947 — 114
Nazi Bund
1949 — 703
Nazi Geopolitikal
Institute
1955—400
Naziism (Nazi Party, etc.)
1943—9, 218-224, 248,
256, 283
1959 — 20, 46, 47, 105
Nazi-Soviet Pact
(or Alliance)
1949 — 20, 32, 40, 48, 89,
348
Nazi-Soviet Relations
1949 — 20
Nealy, Ned R.
1947 — 70, 96, 183, 186
1948 — 183
1949 — 421, 561, 688
Near v. Minnesota
1949—566, 567
1953 — 180
Nearing, Scott
1948 — 107, 145, 244, 245,
247, 248, 266, 270,
273, 338, 350
1949 — 276,
499,
471, 482, 487,
508, 520, 527,
530, 533, 537
1951^261, 271, 272, 281
Necoloff, George
1949 — 414
Nedelman, Jack
1955 — 79, 289, 367
Needham, Wilbur
1949 — 382
Neff, Dorothy
1951 — 29, 34
Neff, Dr. TValter
1948^162, 179, 270
Negro and Allied Veterans
of America
1953 — 104
Negro Artists in
American Culture
1948 — 311
Negro Champion
1948 — 225
1949 — 394
Negro Commission of
Communist Party
1943 — 140
Negro Cultural Committee
1947 — 45
1948—75
1949 — 334, 551
Negro Digest
1948 — 225
1949 — 394, 547
Negro Labor Council
1955 — 320, 321, 322, 323,
324, 337, 344, 362,
388, 390, 391, 392
1957 — 109
Negro Labor Victory
Committee
1948 — 75
1949 — 344
Negro Lihen-ation
1957 — 106
Negro People's Committee
to Aid Spanish Democ-
racy
1948 — 335
1949 — 344
Nesrro Playwrights Co., Inc.
1948 — 97
Negro Quarterly
1948 — 225
1949—394, 536
Negroes
1959 — 20, 43, 150, 151,
195
:Nehrbecki, Harry
1947 — 152, 163, 164, 165
Nehru, Jawaharlal
1947 — 291
1953 — 227, 236, 237, 238,
243, 244
Neihardt, John G.
1948 — 331
Neil, Stewart
1943 — 217
1945 — 183
Neill, Thomas
1948 — 187
1949 — 563
Neilson, Eleanor
1948 — 227
1949 — 457
Neilson, William Allan
1948—170
Nelles, Walter
1948 — 145, 247
Nelson, Dr.
1947 — 211
1951 — 77, 229
INDEX
327
Nelson, Donald M.
1947—322
Nelson, Prof. Edward G.
1949 — 482
Nelson, Eleanor
1945 — 147
1948—380
1951 — 287
1953 — (i3, 130, 131
Nelson, George
1948 — 162
Nelson, Marjorie
1948—356
Nelson, Norris E.
1943—342
Nelson, Robert
1948 — 94, 356
1949 — 554
Nelson, Roser B.
1949—158
Nelson, Rose
1943 — 103
1948—199
1953—151, 174
Nelson, Ruth
1948 — 97
Nelson, Steve
1947 — 227
1948—94, 213
1949 — 179, 553
1951—51, 78, 79, 80, 177,
187, 189, 190, 192,
201, 204, 206, 207,
208, 212, 228, 230,
231, 232, 233, 234,
236, 237, 238, 239,
240, 241, 242, 243,
287
1953—76, 241, 256
1955 — 398
1957 — 1, 2
Nelson v. Pennsylvania
1959 — 197
Nelson, Victor
1943—177, 191
Nelson, W. D.
1943 — 177
Nemec, Prantisek
1949 — 111
Nenni, Pietro
1953—275
Neruda, Pablo
1949—525
Nesin, Sam
1947 — 202
Nesmoce, S.
1955—389
Nestor, Mrs.
1955 — 298
Nettles, Charles H.
1947 — 122-124, 137, 138
Neiibaner, Dr. Peter B.
1949 — 482
Nenberg-er, Samuel A.
1949 — 452
Neumann. Dr. Robert
1957—30, 65, 77, 88, 90,
102
1959 — 37
N("ii,P!^ DeAifschland
1948 — 119
NenT\'ald. R. H.
1955 — 389
Nevada Consolidated Cop-
per Mining Company
1945—7
Neville, Bob
194.8 — 220
Nevins, Allan
1948 — 331
New A frica
1948 — 49. 225, 320
1949 — 303. 394, 548
New Ag-e Publishers, Inc.
1949 — 546
New Century Book House
1953 — 229
New Century Publishers,
Inc.
1947 — 106
1948—36, 49, 214
1949 — 135, 145, 189, 224,
344, 462, 463, 545
Neio Christianity
1945 — 71
New Class, The
1959—36, 147
New Committee for
Publications
1949 — 345
New Currents
1947 — 210
1948 — 99, 103, 119, 129,
130, 225
1949 — 394, 451
New Dance League
1948—52
1949 — 345, 513
Neiv Date for Lenin's
Imperialism
1949 — 191
New Economic Policy
1943 — 41
1949 — 19, 86, 87
New Economic Policy:
Socialist Constrnction
1949 — 192
New England Committee
for the Defense of Po-
litical Prisoners
1949 — 308, 345
New England Council for
Protection of Foreign-
born
1949—345
New England Labor
College
1949 — 345
New England Labor Re-
search Association
1949—345
New Enciland Teacher
1957—31
Nexo Europe, The
1951 — 153
New Film Alliance
1949 — 308
NevJ Foundations
1949 — 559
New Foundations Forums
1949 — 147
New Jersey Communist
Party
1051 — 7r,, 200
New .Jersey Communist
Party," District Organ -
1951 — 200
New Jersey Independent
Citizens' League
19iS — 354
New IjCader
10t7 — 204, 221, 314
1948 — 117, 122
1949 — R54, 692
1951—19, 272
New Life
1949 — 226, 393
New Masses
1947 — 9, 183, 189
1948—35, 56, 93, 98, 99,
104, 115-119, 123
126, 127, 129, 133
145, 147, 148, 15-1-
■ 157, 159, 165, 176
191, 196, 197, 225
238, 245, 260, 273
275, 276, 310, 324
338, 340, 344, 364-
368, 370
1949—124, 179, 181, 276,
392, 394, 395, 451,
452, 453, 454, 455,
471, 537, 543, 557
1951—262
1955 — 88
New Masses Open Letter to
Pi-csident Roosevelt
1951 — 93
New Masses, Wire to
France Seeking Aid for
Loyalist Spain
1951—58
New Masses Mainstrcayn
1948 — 49
Neio Methods of Organiza-
tion
1959—24
New Mexico Board of Bar
Examiners
1959 — 192
Neiv Order
1943 — 221, 222
1948 — 225
1949 — 395
Neio Pioneer
194.3 — 66
1948 — 225
1949 — 395
New Poland
1949—539
New Republic
1947—117
1949—620, 621
1951^91
New School for Social
Research
1949 — 484
New South
1951 — 184, 205
New Stage in India's
Liheration Struqqle
1953 — 226, 227, 228
New Theatre
1948 — 128, 167, 196, 225,
237, 278, 370-372,
392
1949 — 395, 408, 543
New Theatre Group,
Boston
1949 — 346
New Theatre League
194 3 — 138
1948 — 52. 96, 128, 188,
370
1949 — 346, 513
New Theatre Players
1949 — 346
New Theatre School
1949—513
Neio Times
1948—49, 225
1949 — mi, ir,6, 180, 396
407, 409, 548
19f;3 — ?3.3, 234
1957 — 146
New Union Press
1948 — 236
1949 — 346
New "Workers School
1948 — 11
New World
1948 — 49. 225
194 0—396, 548
New World Quartette
1948—268
New York i^cademy of
Scientists
1955—221
New York City College
1959—54
New York City Council
1949 — 109
328
UN-AMERICAN ACTIYITIES IN CALIFORNIA
New York City Council
Committee Investiscat-
ing Municipal Civil
Service Commission
1949—257, 275, 276, 278,
279, 286, 300, 301,
302, 317, 319, 320,
326, 327, 332, 341,
347, 352, 359, 374,
380
New York City Schools
1959—56
New York Civil Rights
Congress
1949 — 452, 454
New York Committee for
Justice in Freeport
1949 — 446
New York Coinmunist
Party
1945—87
1948 — 94, 245
1949 — 451, 543, 546, 553
1951 — 268
New York Conference for
Inalienable Riglits
1949—346, 508
New York Conference on
Civil Rights
1949—346, 446
New York Cultural
Conference
1949 — 489
Keio York Daily Tribune
1953—223
Neio York Daily Worker
1955 — 282
New York Fur and Leather
Workers, CIO
1948 — 204, 206, 358
New York Herald Tribune
1949—186
New York Hospital
1955 — 151
New York Initiating
Committee
1949 — 443
New York Journal-
American
1951—98, 269
New York Life Insurance
Co.
1955 — 446
New York Listy
1949 — 181
New York Peace
Association
1948—336, 342
1949 — 346
New York Port of
Embarkation
1959—103
New York Public Library
1947—363
New York Socialist Workers
Party
1957 — 66
New York State Board of
Regents
1951 — 43
New York State Conference
on Legislation for
Democracy
1949—346
New York State Conference
on National Unity
1948—334
1949 — 347
New York State Jewish
Buro of the Communist
Party
1948 — 119
New York State Legislative
Committee on Un-
American Activities
1953 — 277
New York State Young
Communist League
1948—93
New York Suji
1948 — 363
New York Teachers News
1953—149
New York Teachers Union
1953—140, 141, 142
1959 — 51
New York Times
1947 — 202
1948 — 118, 125, 133, 190,
1949— 16, 51, 67, 106,
111, 114, 117, 118,
125, 134, 164, 165,
175, 218, 252, 442,
445
1951—44, 270
New York Tom Mooney
Committee
1948—147
1949 — 347
New York Trade Union
Committee to Free
Earl Browder
1949—347
New York Tribune
1953—19
New York University
1948 — 180, 325, 338
1949—539
New York University School
of Education
1953 — 285
New York Worker
1955 — 369
New York Workers' School
1947—63
1948 — 269, 318
1949—416
New York World Peace
Conference
1949—479
New York World Telegram
1947—204
1948—117, 140
1949—450, 551, 552
1955 — 453
New York World Telegram
and Sun
1957 — 121
Newark Peace Action
Committee
1949—344
Newbarr, Dr. Frederick
1951—102, 103, 122, 123,
124, 125, 126, 134
Newcomber, Prof. Mabel
1949 — 482
Newhouse, Edward
1945—121
1948 — 273, 389
1949—471
Newman, Alfred
194S — 311, 317
Newman Club
1957 — 123
Newman, Edward
1955 — 403
Newman, Edward F.
1959 — 204
Newman, Frank C.
1959 — 82, 83
Newman, Mrs. George
1948—185
Newman, Rabbi Louis I.
1949 — 482, 483, 490, 507,
514, 516
Newman, Martin D.
1953—278
Newman, Mort
1948—214
1949 — 689
Newport, Beatrice
1943 — 145, 148
Neirs Letter
1947 — 210
1948—257
Neios of the World
1948 — 250, 341
1949 — 382, 396, 397
News of World Labor
1948 — 225
1949 — 396, 548
Neivs on Spain
1948—225
1949—396, 548
News Vendors Union
1948 — 207, 224, 309, 345
1959—99
News Vendors Union, Local
75, CIO
1948 — 340
News You Don't Get
1948—156
Newsboys Local
1947 — 55
Newson, Thomas
1955 — 265
Newspaper Guild
1947—53, 56
Neu'sweek
1949—552
1959 — 177
Newton, Amos
1948 — 220
Newton, Dixie
1948 — 278
Newton, Ray
1948—320
Nexo, Mr.
1947 — 106
Neylan, John Francis
1951—72, 73, 74, 82
Neyman, Dr. Jerzy
1948 — 216
Niblo, Lorie
1948 — 210
Nicholas II
1953 — 25, 31
Nichols, Dudley
1945—116, 117, 128
1948 — 97, 114, 141, 152,
189, 239, 248-2r,n,
255, 256, 258, 310,
328, 352, 373, 378,
390
1951 — 53. 225
1953 — 172, 176
Nichols, Robert Hastings
19 48 — 323
Nicol, ToriV A.
1948 — 259
Nidahm Singh
1953 — 244
Nidhan Singh
1953 — 219. 222, 223
Niebuhr, Reinbold
1948 — 151, 179, 320
Niebvl, Karl H.
1948 — 95
Niemever, Oscar
1949 — 525
Nies-Berger, Edouard
1949 — 482
Nigey, Walter
1945 — 44
Niloayev, N.
1949 — 166
Nilsson, George W.
1955 — 142, 143. 144
Nimitz, Admiral Chester
1953 — 194
Nin, Andres
1951 — 273
Nisei Progressive
1951 — 267
Nisei Progressives
1955—390
INDEX
329
Nisei, The
1943—322, 333, 334, 337,
345 346
1945 — 48, 50-52, 62, 64,
121
Nisselson, Michael M.
1948 — 354, 375
1949 — 482, 400, 500, 502,
503, 509, 511, 514,
515, 530, 534
Nixon
1955 — 215
Nixon, Congressman
1949 — 612
Nixon, Russ
1955 — 388
Nixon, Russell
1948 — 100, 318
NKVD
1949—40, 61, 120, 121, 122,
123
NKYD — see Soviet Secret
Police
No Mystery Here
1957 — 103
Noblo, Robert — see Soviet
Secret Police
Noble, Robert
1943_256, 260, 261, 263-
266, 272
Noftz, Roy R.
1953—279, 282
Noftz, Roy Raymond
1947 — 307, 310
Nofziger, Franklyn
1947—116
Nofziger, Rosemary
1947—117, 123
Nolan, Doris
1948—210, 356
Nolan, .Janet
1948 — 356
Nolan, Shean
1949 — 181
NoUen, John S.
194S — 321
Nonaggression Pact
1947 — 20, 69, 206, 273
Non-Partisan Committee for
Re-election of Congress-
man Vita Marcantonio
1948—34, 336, 381
1949—347
Non-Partisan Labor
Defense
1948 — 34
1949 — 347
Non-Partisan League
1951—249
1959 — 25
Non-Sectarian Committee
for Political Refugees
1948 — 75
1949 — 347, 551
Noon, A. Harold
1948 — 18
Noral, Alexander
1943 — 144
1948 — 6, 234, 383
1949 — 90, 178
1959 — 26
Nordman, P. Bernard
1953 — 153
Nordstrand, Josephine
1949 — 449
Norman, Jacqueline
1953 — 259
Norman, Marsha
1948—356
Norman, Winifred
1948 — 186, 188, 227, 339
1949—562, 563
Norris, Carol
1948 — 356
Norris, Mrs. Nixon
1948 — 328, 352
North, Alex
1948—163
North American Aviation
Company
1943 — 52, 53
1947—69
1949 — 93, 420
1951—176
1959 — 10, 92, 99, 100, 101
North American Aviation
Strike, Inglewood
1951—176
North American Committee
to Aid Spanish Democ-
racy
1943—140
1947 — 190
1948 — 159, 166, 168, 196,
270, 310, 376
1949 — 348, 362, 511
1955 — 88
North American Commit-
tee's Campaign for the
Relief Ship for Spain
1949 — 511
North American Spanish
Aid Committee
1948 — 115
1949 — 348, 451, 511
North Atlantic Pact
1949—438, 479, 485, 490,
491, 498
North Beach Branch of the
Communist Party of
San Francisco
1948—11 , ^
North Berkeley Branch of
the Communist Party
1948 — 215
North, Joseph
1945—121
1948—266, 270, 340
1949—179, 626
Northern California Ameri-
can Youth for
Democracy
1953—259
Northern California Civil
Rights Council
1948—136, 172
1949—348
1951—248
Northern California Com-
mittee for Academic
Freedom
1959 — 137
Northern California Com-
mittee for the Protec-
tion of Foreign Born
1955—388
Northern California Council
for Academic Freedom
and Civil Liberties
1948 — 111
Northern California Win the
War Conference
1948—218
Northern Illinois College
of Optometry
1955 — 260
Northern Ins. Co., of New
York
1949—255
Northwestern University
Si-ttlement
1948 — 246
Nortica, Mrs. Jack
1948—146
Norton, John K.
1953-^153
Norton, Mildred
1955 — 387
Norton, Robert
1948 — 198, 533
19 49 — 282
Norwalk
1951—27
Norway
1943—221
Not By Bread Alone
1959—36, 147
Novak, Martha
1955—428
Novick, Paul
1948 — 157, 261
1949—179, 464, 545, 546
Novick, Samuel J.
1948—115
Novikoff, Alex Benjamin
1959—56
Novotny, Antonin
1957—94
Novotny, Jerry George
1955 — 428, 429, 430, l.'^l
Novymir
1948—145, 225
1949 — 156, 396, 397
Now
1948—250, 341
1949 — 382, 396, 397
Nowacki, Caslmir
1948 — 374
1949 — 546
Nowacki, Grace
1949 — 546
Nowak, Stanley
1948 — 114, 201, 327
1949 — 414, 415, 455
1955 327
Nowell, William Odell
1948 — 333
1949—180, 198
Noyes, Alfred
1948 — 357
Noyes, Eliot
1949—482
NRA
1949—665
Nugent, Mr.
1947 — 153
Nugent, Herbert
1943 — 137
1948 — 214, 266
1951—24
1953—267
Number 10 Kenilworth
Court
1951 — 213-225, 237, 238
242
Nunes, John
1947 — 89
1949—425
Nunn, Guy T.
1943—204, 207, 210, 217
1945—183
Nussbaum, Dr. Max
1947—96
1948 — 146, 147, 183, 198
Ny Tid
1948—225
1949 — 173, 397
Nye, Gerald P.
1943—381
Nvkins
1948—238
Oakes, Grant W.
1945 — 147
1948 — 95, 163, 200, 351
1949 — 448, 449, 452, 546
1953—63
Oakland Labor School
1947—90
Oakland Post Enquirer
1948—14
1949—9
330
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Oakland Tribune
1947 — 5, 104
1948 — 14
1949 — 9
1959 — 81
Oakland Voters League
1948 — 195
Ober, Harry
1959—173, 176
Oberlin Political Action
Committee
1948 — 354
Obermeier, Michael
1948 — 114
Obernassian, Gabrielle
1955—390
Oberwager, Jerome A.
1959 — 176
Oboler, Arch
1945—116
1947 — 141
1951 — 53
Obrana
1948 — 225
1949—397
O'Brien, Clifford
1948—163, 272
O'Brien, Robert
1948—339
Obryn, M.
1955 — 389
Ohserver, The
1957—22, 24, 25
Ocampo, Salvador
1951 — 273
O'Casey, Sean
1947 — 106
1948 — 96
Occidental College
1948 — 178, 353
1953 — 133
1957 — 52
Ocean Park News
1948 — 389, 390
Ochab, Edward
1957 — 82, 94
Ochrana
1959 — 88
O'Connell, Arthur
1948 — 356
O'Connell, J.
1957 — 49
O'Connell, Jerry
1948 — 244, 310, 328, 352,
377
O'Conner, Joseph
1948—63
O'Connor, Joseph
1959—99
O'Connor, Harvey
1945 — 127
1948—95, 151, 162, 271
1949 — 469
1955—333
O'Connor, J. F. T.
1945 — 29
1948—261
O'Connor, Jerry
1948 — 185
O'Connor, Jessie Lloyd
1948—95, 334
O'Connor, Joseph
1947 — 151, 164
1948—306
O'Connor, Oleta
1947 — 163
O'Connor, Tom
1943 — 155
1948 — 328, 352
O'Connor, Virgil
1948 — 163
October
1949 — 497
October Revolution, The
1949—14, 192
O'Day, Caroline
1948 — 152, 327
O'Dell, Dr. and Mrs.
William R.
1948 — 194, 195
Odets, Bette
1948 — 97
Odets, Clifford
1943—124
1945—126
1948 — 96, 97, 101, 129
141, 169, 176, 181,
188, 194, 196, 209
234, 241, 244, 248,
249, 274, 370, 389,
391
1949—146, 346, 472, 482
483, 490, 491, 494
498, 501, 504. 506,
508, 510, 511, 513
514, 516, 518, 519
520, 523, 527. 528'
529, 530, 531, 533,
10--. -5^' „^35, 537, 689
19ol— o6, 271, 272, 273
281, 286
O Donnell, John
1948 — 163
°'?.^i'^''' ^I^ST- Thomas J.
1949—691, 697
1953 — 128
Odza, Ted
1947 — 89
1949 — 425
Oechsli, Mrs. Leonard
1948—277, 278
Oechsli, Ray
1947—91
O'Ferrall, Mrs. E B
1951 — 289
OfHce Employees Interna -
-,r}}2^^^ Union, Local 36
1947 — SO
Office of Defense Transpor-
tation
19 47—165
Office of Education
1959 — 174
Office of Naval Intelligence
1951 — 3
Office of Price Administra-
tion
1947 — 197, 230
1948-148, 230, 299. 300
1949-665
1955—52, 53, 454
1959 — 128, 132. 134, 174
Office of Special Investiga-
tions of the Air Force
1951 — 3
Office of Strategic Service
1949—147, 179, 554, 556,
645
1951 — 24
1959 — 174
Office of Surplus Property
1959—174
Office of War Information
1947—190
1948 — 128
1959 — 174
Office of War Mobilization
1959—174
Official Handbook for
Schooling the Hitler
Youth
1943 — 218
Official History of the Com-
munist Party in the
Soviet Union
1943—19
1953 — 60
1957 — 143
Offner, Herbert
1948—311, 314
Offner, Mortimer
1948 — 211
Of Mice and Men
1948 — 373
Ogden, Donald
19 48 — 59
O'Hanneson, Phil
1948 — 18
O'Hara, John
1948 — 240
O'Higgins, Pablo
1951 — 272
Ohio Coalition of Patriotic
Societies
1959 — 86
Ohio un-American Com-
mission
1959—193
Ohio School of Social
Sciences
1949 — 348
Ohio State University
1953 — 151
Oil Workers' International
Union v. Elliott
1949 — 575
Oil Workers Local 19
1949 — 437
Oklahoma Committee to De-
fend Political Prisoners
1949 — 348
Oklahoma Communist Partv
1949 — 451
Oklahoma Federation for
Constitutional Rights
1949 — 348
Okovsky, Nicolai
1951—201
Old Pacific Capitol, The
1953 — 179
Okrand, Fred
1948 — 109, 110
1955—206. 207, 208
Okubo Decade System
1943 — 340
Okun, Dr. S. B.
1948 — 171
Olair, Helen
1955- 315
Olds, Elizabeth
1948-227
1949 — 482, 500
Oldshausen, Richard
19'1— 264
Olgin, ZVIoussave J.
1945 — 121, 122, 126
1947 — 68
1948 — 97, 176, 194, 242,
243, 270
1949 — 199, 200, 201, 210,
213, 393, 420
1953 — 174, 175
Olive Branch Bureau
1943 — 373
Oliver, Dr.
1947—348
Oliver, Bill
1947—183
1949 — 542
Oliver, Sy
1948 — 378
1949 557
Oliver, "William E.
1943 — 154
1945—116, 117
1947 — 141
1948—170. 171, 183, 184,
190, 252
1949 — 689
Oliver, W^illiam O.
1947 — 96, 97
Ollveras, Jose
1945—197
Olken, A.
1948—213
1949 — 689
INDEX
831
Olkin, Abe
1955— n 90
Olkowski, Edward
1953 — 2S2
Olmstead, F. L.
1948—331
Olmstead, Mildred Scott
194S — 320
Olsen, Henry
1948—94
1949—554
Olsen, Leslie F.
1949 — 652
Olsen, Reeva
1948 — 185
Olshausen, Georse
1948—249, 358
1949 — 689
Olson, Culbert L.
1943 — 112
1948 — 114, 147, 181, 235,
251, 255, 351, 391
19 49 — 315
1955 — 461
1959 — 25, 26, 41, 131, 198,
209
Olson, Leonard
1948 — 94
1949-554
Olson's New Deal for
California
1959—18, 26, 39
Omar Singh
1953—219
Omelchenko, K.
1949—166
Omerberg, M. J.
1955 — 241, 242, 244, 245,
246, 247, 248, 249,
252, 253, 254, 255,
256, 258, 259, 410
Omerbergr, Maynard
1951—267
Omgais
1959—175
On Labor and Political
Actio7i
1959-33
On the Communist Party's
Political Resolution
1959 — 102
On the Eve of October
1949 — 192
On the Party
1953 — 238
091 the Party's Mass Line
1953—240
On the Status of the Party
1959—41
On the Work and Consoli-
dation of the Party
1959—32
Onda, A. R.
1948—343
One Hundred Million
Guinea Pigrs
1943 — 103, 104
One Hundred Things You
Should Knoio About
Communism
1949 — 654
One Hundred Things You
Should Knoto About
Communism and Edu-
cation
1949 — 678
One Hundred Things You
Should Knoto About
Cotnmunis'tn and Gov-
ernment
1949 — 678
One Hundred Things You
Should Know About
Communism and La-
bor
1949 — 678
One Hundred Things You
Should Know About
Communism and Re-
ligion
1949 — 678
One Hundred Things You
Should Knoto AbotU
Comtnutiism in The U
S. A.
1949—678
One Step Leads to Another
1953—188
One Who Survived
1949 — 654
O'Neal, Bill
1947 — 227
O'Neal, James
1959—27
O'Neal, Roney
1947 — 163
O'Neil, D. R.
1949 — 691, 697
O'Neil, James F.
1949 — 652
O'Neill, Eugene
1948 — 324, 331
1949 — 485
O'Neill, Genevieve D.
1948 — 359
Ong-, Wing F.
1949 — 601
Oparin, Alexander I.
1949 — 497
Opatoshu, Joseph
1945 — 126
1948 — 274
1949 — 472
Open Forum
1948 — 109, 110, 349
Open Letter Defending
Harry Bridges
1948 — 381
Open Letter Defending
Moscow Purge Trials
1948 — 176
Open Letter for Closer Co-
operation With the So-
viet Union
1947 — 190, 210
194S — 65, 115, 169, 176,
342, 366
1949—348, 412
1953 — 281
Open Letter in Defense of
Harry Bridges
1949—349
Open Letter on Harry
Bridges
1949 — 504
Open Letter Protesting Ban
on Communists in
American Civil Liber-
ties Union
1948 — 34, 55
Open Letter to American
Liberals
1948 — 65, 169, 192, 324
1949 — 349, 412
Open Road
1948 — 336, 341
1949 — 349
Open Road to Soviet Russia
1949 — 530
Operating Engineers,
Local 3
1947-80
Operation Subsistence
(Indiana)
1948 — 339
Operation Subsistence
( Michigan )
1948—338
Operative Plasterers' and
Cement Finishers' In-
ternational Association,
Local 755
1947 — 177
Opinioti
1953—123
Opinion of California
Appellate Court
1943 — 198, 199
Opinion Research Corpora-
tion
1949—661
Oppenheim, Harry
1948—311
Oppenheimer Case
1957 — 80
1959—188
Oppenheimer, George
1948 — 210
Oppenheimer, Frank
1955 — 432
Oppenheimer, Dr. J. Frank
1948 — 172
1949 — 4'8'2
1951 — 89, 175, 221, 223
229, 230, 231, 234,
236, 240, 241, 271
1953 — 139
Oppenheimer, Dr. J. Robert
194S— 144, 172, 173, 174,
175, 236
1951 — 86, 92, 214, 215,
216, 219, 220, 221,
222, 223, 225, 227,
230, 231, 233, 234,
236, 237, 238, 239,
240, 241, 242, 243
1953 — 176
1959 — 48, 53
Oppenheimer, J. Robert
1955 — 433
Oppenheimer, Jacquenette
(Jackie)
1951—221, 234, 241
Oppenheimer, Katherine Pu-
ening (Mrs. J. Robert)
1951 — 214, 216, 237, 238,
239, 242, 243
Opperman, Robert
1948— 3S3
Orange County Defense
Committee
1955 — 388
Orans, Alice
1943 — 163
1951 — 255
Order of Railway
Conductors
1949—437
Order of Repeater Men and
Toll Testboard Men
1955 — 418
Ordung, Wyatt
1948 — 356
Organisational Problems
and Underground Rev-
oltitionary Work
1959 — 157
Organized Labor in
TJ. S. S. R.
1947 — 114
Oriental Exclusion Act
1943 — 322
Oriental School at Baku
1953—229
Origin of the Family
1949 — 190
Origin of the Family, Pri-
vate Property, and the
State
1949 — 22, 191
Orlowsky, Max
1948—114
332
UN-AMERICAX ACTIVITIES IN CALIFORNIA
1V6,
2fi6.
, 93,
175
Ormandy, Eugene
1948 — 317
194,9 — 4^2
Orme, Mrs. J. Henry
1948 — IS
Ormo
1949 — 121
Ornitz, Donald Raymond
1948 — 152
Ornitz, Samuel
1943 — 123, 149
1945 — 121
1947 — 47, 97, 188
1948 — 97, 151-159,
233, 239, 25S
267, 274, 279, 35
360
1949 — 471, 478, 689
1951—53, 56, 57, 59
255, 268
1953 — 171, 172, 174,
1955 — 390
Ornitz. Mrs. Samuel
(Sadie)
1947 — 182, 185
1948 — 151, 152, 279
1951 — 255
Ornitz, Samuel, Mrs.
1955 — 390
Ornitz, Mr. and Mrs. Samuel
194S — 97, 105, 183
Orozco. J. David
194S — 375
Orr. Dr. Harold
1947 — 141, 2.''.9, 242
1948 — 59, 280, 281, 339,
355
1949 — 343, 486, 478
1951 — 5S, 59
1953 — lis, 120, 125, 126
1955 — 294, 326, 424, 425
Orr, June
1943 — 80
Orr, Paul
1943 — 37
195 5 — 427
Orr, Violet
1943 — 37
Ortega, Officer
1957 — 44
Orthopedic Hospital
1955—99
Ortiz, Michael
1955 — 391
O'Shaughnessv, John
1949 — 482, 490, 500, 513,
515, 519, 532
O'Shea, Mary
1947 — 90
Osland, R.
1948 — 161
Oso-wski, V7. T.
1949 — 414
Osser. Gordon
194S— 184
Ossman, Pearl
1943 — 60, 113
Ossowski, Stanislaw
1949 — 497
Ostaggi, Leo
1943 — 2S4. 289, 290
Osterreiche Rote Hilfe
194S — 265
1949 — -439
Ostheiner. Kenneth
1947 — 75
Ostrander, Marion Y.
1953 — 153
Ostroff, Isidore
1948—266
Ostrow, Mary
1948 — 266
Ostrow, Seniel
1947 — 179, 188, 235, 237,
239
1948 — 116, 202, 239, 279,
355
1949 — 455, 689
Otto, Richard S.
1945 — 139
1947 — 242
1948—164, 279
1949 — 436
Oumansky, Constantin
1959—95, 96
Oitr Cause Is Irivincible
1959 — 153
Owr Leyiin
1949 — 192
Our Union
1953 — 188
Our World
194S — 255
1949 — 397. 547
Oursler, Fulton
1943 — 104
Out of Bondage
1959—167
Out of the Night
1949 — 653
Outline for the Colonial and
Semi-Colonial Revolu-
tionary Movement
1953 — 239
Overgaard, A.
1948 — 244
1949 — 178
Overstreet. Bonaro
1959 — 169. 183
Overstreet. Dr. H. A.
1948—199
1951 — 92. 93
1953 — 151, 171. 173, 176,
280. 281
Overstreet. Harry
1959—169. 183
Overton, Katherine
1948 — 378
1949 — 557
Overture
1943 — 107
Owen, Robert
1945 — 71
Owen. Wes
1947 — 155
Owens. Ansele
1948 — 356
Owens. Edsrar
1948 — 243
Owens, J.
1959 — 97
Owens, Mrs. Marion
1948 — 271
1949_469
O^wiere. Frank J.
1948—94
1949 — 554
Oxford University
1953 — 214, 231
Oxnam, Bishop G. Bromlev
1947 — 115
1948 — 109, 324, 328, 352.
353
1949 — 689
Ozias. Earl
1948 — 94
1949—554
Ozna
1949 — 125, 126
PC A News Release
19 18 — 354
P. M.
194<? — .109. 192
1949 — 113. 447, 543
Paasikivi, H.
1949 — 548
Pacht, Isaac
1947 — 182, 239
1948 — 109, 239, 250, 256,
309, 332
1949 — 433, 542, 689
Pacht. Jerrv
1947—245, 246
1948 — 182, 309
1949 — 560
Pachucos
1945 — 160-162, 167-169,
171
Pacific Coast Registration
Bureau
1943 — 364, 378
Pacific Coast Division of
International Regis-
tration Bureau
1943— 3S0
Pacific Furniture Co.
1951 — 267
Pacific Gas & Electric
Company
1955 — 401, 402, 403, 404,
405
1957 — 143
1959 — 203. 204
Pacific Northwest Labor
School
1949—349
Pacific Publishing Founda-
tion, Inc.
1948 — 342
1949 — 349. 398. 545
Pacific School of Religion
1953 — 259
Pacific Telephone &
Telegraph Co.
1955 — 401, 406. 410. 412,
413, 416, 417, 448
1957 — 143
Pacific Weekly
1943—150
1948 — 49. 225, 341
1949—397
Pacifists
1957 — 47
Pack. Richard
1948—196
Packard. Emmv Lou
1947 — 94
Packard, John C.
1948 — 278
Packard. Mrs. John C.
1948 — 278
Packard. Mr. and Mrs.
"Walter E.
1948 — 195
Packinghouse' "Workers
Organizing Committee
1959 — 94
Padilla, Dolores
1948 — 185
Paare, Charles
1948—256. 310
Page. Mrs. Charles
1948 — 250, 256
Page, Kirbv
1948 — 247
Pa ere. Mvra
194.5 — 119. 121
1948 — 2T4
1949—471
Page. Ruth
1949 — 482
Paine, Mrs. Betty
1947 — 239
Paine, Rev. George L.
1949 — 482. 500, 504, 512,
521
Paine. Thomas
1953-180
Paine, Tom
1955 — 158
INDEX
333
Painters' Union
1948—205
1949 — 437, 631
1959 — 110
Palacios, Alfredo
1948 — 311, 313
Palca, Alfred
1948—374
Palmer, A. Mitchell
1949—157
Palmer, Dewey
1947 — 202
Palmer, Mr. and Mrs. Silas
1948 — 144
Palo Alto Federation of
Teachers, Local 689
1947—92
Pamphlet Press
1947 — 104
Panama, Marcia
1948—211
Panama, Norman
1948 — 210
Panchayat
1953 — 217
Pande, Sant R.
1953 — 219
Pandora
1945 — 8, 10
Panel Room (Forum), The
1949 — 516
Pan-Hindu Revolutionary
Committee
1953 — 230
Pankey, Aubrey
1949 — 482, 494, 500, 508,
509, 532, 534
Panofsky, Dr. Edwin
1949 — 490
Panofsky, Dr. Erwin
1949 — 482
1951 — 271, 272, 276, 281
Pan Pacific Monthly
1948 — 225
1949 — 398
Pan-Pacific Worker
1949 — 178
Pansies in Pants
1947 — 355
Panvor
1949—398
Papandreou, Andreas G.
1959 — 82
Papanek, Dr. Jan
1949—111
Pape. Mr.
1955 — 394
Papirofsky, Joseph
1948—104, 356
1949 — 428, 432
Papurt, Maxwell J.
1948—375
Paquerette Pathe Studio
1948—343
Paradise, Mr. and Mrs. Jack
1949—486
Paramount Mattress Co.
1948 — 344
Paramount Pictures, Inc.
1947 — 364
Paramount Studios
1943—123
Parchment, Public
Administrator
1957 — 45
Parent-Teachers
Association
1949 — 613
1951 — 94
1959 — 85
Paris Commune, The
1949 — 22, 192, 208, 215
Paris Peace Conference
1947—198
Paris, Ronnie
1948—356
Parisi, Mario
1943 — 284, 288, 289, 301
Park, Dr. Edwards A.
1949 — 482
Park, William
1959 — 174
Parker, Dr. Beryl
1943 — 74
1948 — 228-230
1949 — 457-459
Parker, Barbour Klawans
1948 — 18
Parker, Clarence
1949 — 500, 506, 509, 525,
527
Parker, Father Clarence
1949 — 482, 490
Parker, Dorothy
1945—127
1948 — 97, 132, 189, 192,
232, 244, 248-250,
256, 277, 278, 310,
353, 376, 382, 389,
392
1949^482, 488, 489, 490,
499, 501, 502, 503,
504, 506, 507, 508,
509, 510, 513, 514,
515, 517, 519, 523,
525, 527, 536, 537,
544, 546, 632, 689
Parker, Helen
1949 — 596
Parker, Jim
1948—356
Parker, Robert
1948 — 266
Parker, Theodore
1951 — 153
Parker, William H.
1948—18
Parks, Larry
1948—60, 97, 104, 105,
129, 159, 241, 355
1949 — 629, 689
1955-384
Parks, Perry
1948 — 280
Parmelee, Kenneth
1948 — 94
1949 — 554
Parness, Estelle
1951—22, 24, 26
Parrot, Ursula
1948 — 244
Parry, William T.
1949 — 401
Parson, Bishop Edward L.
1949 — 436, 449, 455, 469,
689
Parsonnet, Marion
1948 — 210
Parsons, Alice M.
1949 — 596
Parsons, Bishop Edward L.
1947 — 79, 90, 93, 242
1948 — 114, 1.S2, 144, 185,
216, 233, 271,
327, 328, 334,
350, 352, 353,
201
321,
336,
358, 359
Parsons, Rev. Edward L.
1951—275, 286
1953 — 131
Parsons, Bishop Edward
Lamb
1959 — 184
Parsons, Frank
1953—256, 257
Parsons, Frank Walter
1947 — 272
1948 — 215, 220
Parti, Du Travail
1949^47
Partido Del Pueblo
194 9 — 16
I'artido Socialista
1949—46
Partners in Plunder
1943 — 104
I'artos, Frank
1948 — 210
J'artridge, Mr. Jay
1947 — 32i;-328
Partridge, N. H.
1949 — 602
Partridge, Syd
1948 — 343
Party Or<janizer, The
1948 — 10, 302, 385
1949 — 160, 398
1959—122
Pasadena City College
1959 — 212
Pasadena Independent
1943—274
Pa.scal, Ernest
1948—210, 255
Paskoff, Benjamin
1948 — 270
Pass, Joseph
1948—266, 270
Pass, Morris
1948—270
Passion of Joan of Arc
1948—373
Passionara, La
1949 — 457
Pasternak, Boris
1959—147, 181
Pasternak, Eleanor
1951—75. 81, 82
Pasternak, Sylvan
1949—428, 434
Pastor, Sam
1955—389
Patchen, Kenneth
1943—152
Pate, Robert
1953—102 , ^
Patel, Chandraleksha
1953—234
Paterrson, Ellis E.
1943 — 160, 188 ^„„
I9I7— 56. 62, 97, 183, 186,
237, 242
1948— 93, 95, 107, 116,
"* 183 201, 215, 253,
257. 268, 272, 309,
318, 382
-147, 436, 464, 478,
56i; 611, 612, 689
Pathe. Jaquerette
1947 — 73
Patri, Cincomo
1947 — 89-91
1948—185
1949—425
Patri, Pierre
1948 — 184
1949 — 561
Patrick, Albert
1948—355
Patrick, George Z.
1951—153
Pntrizi, Ettore „„„
1943—284, 300, 301. 306,
310I315, 317, 318
Patt, Dr. Emanuel
1949 — 551
Patten, Robert
1948 — 356
Pattern for World
Bevolntion
1949 — 654
Patterson, Carl
1943 — 37
1949—367
1949-
334
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Patterson, Dr. Frederick
Douglas
1948—323
Patterson, James T.
1945—148
Patterson, Kenneth
1943 — 145, 147, 148, 164
1948—315, 356
1951 — 83
Patterson, Samuel C.
1948 — 268
1949 — 464
Patterson, Slate
1948 — 272
Patterson, William L.
1948—93, 244, 245, 266,
328
1949 — 179, 546
1955 — 328, 329
1957 — 107
1959 — 125, 185
Pattiz, Oscar
1947 — 97, 179, 185, 239
1948 — 183, 184, 383
Patton, Jack
1947 — 91
Patton, James G.
1948 — 201
1949—455
Pauker, Ann
1948 — 227
1949 — 53, 100, 117, 161,
457
Paul
1949 — 247
Paul, Elliott
1948 — 377, 389
Pauling-, Dr. Linus Carl
1947 — 179, 191, 235, 236,
239
1948 — 255,
1949 — 146,
490,
523,
355
477, 482, 484,
500, 514, 519,
527 532
1951 — 57, 58, 59, 268, 271,
272, 275, 276
1959 — 186
Paul Robeson Club
1949 — 467
Pauling, Linus
1955—112, 346, 387
Pavlenko, Piotr A.
1949 — 497
Pavzner, Sam
1948 — 196
Pawlowski, J.
1948—259
Pax Productions
1948 — 341, 342
1949 — 349
Paxton, John
1948—210
Paxton, John Edward
1948—211
Payne, Earl E.
1948 — 343
Payne, Mrs. Elizabeth
1948 — 355
Payne, Will
1948 — 331
Paysan, Mrs.
1955—18
Paysan's Sundries
1955—3
Peabody, Bisliop Malcom E.
1948 — 323
Peace Committee of Ala-
Meda and Contra Costa
Counties
1953—282
Peace Conference at
Warsaw, Poland
1953 — 274, 275
Peace Crisis, What Is the
Meaning of the Krem-
lin's New Turn?
1957 — 73
Peace Officers Association
1945 — 91-93
Peace Patriots
1948 — 246
Peacock, Johnny
1948 — 184
1949 — 561
Peale, Rev. Norman Vincent
1959 — 144
Pearl Harbor
1945 — 7, 18, 27, 130, 147
1949 — 20
Pearlberg, Clara
1955 — 389
Pearlnian, Norman
1948 — 116
Pearson, Drew
1949—127
Pearson, Ralph M.
1948 — 248
Peasant Party
1949 — 120, 122
Peasant War in Germany
1949 — 190, 191
Peattie, Donald C.
1948 — 331
Pecht, Judge C. E.
1948—18
Peck, Gregory
1947 — 235, 239
1948—97, 198, 208, 210,
255, 355
1949 — 689
1951 — 29, 291
Peck, John William
1943 — 356, 3C1-3G3
Peck, Dr. Robert
1955 — 289, 335, 338
Pecora, Judge Ferdinand
1949 — 341
1951 — 262
Pedi, Tom
1948—356
Pegler, W^estbrook
1948 — 297
Pell, Helen K.
1948 — 358, 359
Pellett, Frank
1947—54, 55, 97, 182, 185,
186
1948 — 183, 198, 239, 383
1949 — 435
Pelley, William Dudley
1947 — 363
Pelsha, Prof. Chic
1948 — 144
Pen and Hammer Club
1949 — 349
1959 — 112, 137
I'ena, Lazaro
1951 — 273
Pencvaroff, George
1948 — 288
Pendleton, Dr. Norman W.
1947 — 242
1948—436, 438
Penn, Leo
1948—356
Penn, Richard
1951 — 230
Penn v. Henderson
1949 — 256
Penna, Miss Genevieve
1948—18
Pennell, Bill
1947 — 183
1948 — 279
Penneman, Alice
1948—372
Pennes, Dr. Alexander
1955 — 79, 86, 105, 106,
107, 108, 109, 275,
288, 302, 307, 308,
311, 338, 367
Pennsylvania Common-
wealth Council
1949 — 257, 267, 279, 285,
291, 302, 311, 322,
359, 370, 374, 377,
378, 389, 402
Pennsylvania State College
1955 — 410
Pennsylvania v. Steve
Nelson
1959—191
Pennypacker, Anna M. W.
1948—163
Peonage — 19ff0 Style
Slavery
1948 — 93
People of Russia, The
1949 — 539
People V. James
1949 — 254
People V. Mcllvain
1949 — 256
People V. NoMe
1949—576
People V. Putheberg
1949 — 255
People V. Taylor
1943 — 34
People's Age
1953 — 231
People's Artists
1948—392
1949 — 349
People's Book House
1953 — 229
People's China
1957 — 137, 139
People's Chorus
1948 — 392
1949—350
People's Church of San
Fernando Valley
1955 — 390
People's Commissariat of
Ways and Communi-
cations
1953 — 34
People's Committee to In-
vestigate Un-American
Activities
194S — 342
1949 — 350
People's Congress for Peace
and Democracy
1948 — 150
1949 — 350
People's Council of America
1948 — 246
Peoiile's Daily
1953 — 240
People's Daily World — see
also Daily People's
World
1943—62, 70, 164, 203, 204
1945—60, 61, 93-97, 138,
140-142, 159, 204-
206
1947 — 40, 43, 46, 47, 55,
61, 64, 66, 71, 74,
75, 81, 83-86, 88,
97, 100, 103-105,
1948-
123,
154,
158,
170,
173,
174,
180,
187,
191,
197,
229,
247,
249,
251,
252,
25G-
258,
262,
264,
265,
270,
271,
300,
307
■5, 6
1, 8-1
2, 35
, 49,
56,
86, 98, 99.
102,
104,
105,
119
-121,
123,
126,
127,
130,
133-
140,
147,
153-
159,
165,
167,
170,
172,
176,
177,
190,
INDEX
335
People's Daily World —
Continued
191, 195, 209, 212-
218, 224, 225, 231,
235, 251, 266, 274,
275, 277, 291, 309,
330, 338, 340, 341-
346, 349, 350, 363,
364, 369, 371, 384,
388
1949—96, 262, 263, 349,
350, 398, 407, 417,
418, 422, 425, 436,
437, 438, 459, 460,
467, 475, 535, 543,
545, 619, 620, 623
People's Daily World Press
Conference
1948 — 353
People's Democratic Party
1949—114
People's Educational
Association
1949—350, 622
People's Educational Center
1945 — 136
1947 — 28, 33, 34, 47, 55,
64, 66-74, 78, 95,
97, 100, 108, 115,
124, 128-130, 136,
138, 139, 142, 180,
187-189, 191, 253,
254, 258, 264, 369
1948—51, 53, 56, 95, 98,
105, 120, 121, 138,
148, 165, 178, 223,
269, 346-350, 369,
373
1949 — 330, 350, 351, 376,
416, 418, 419, 421,
422, 423, 424, 426,
543, 622, 705
1951 — 28, 51, 57, 58, 59,
62, 258
1953—116, 117, 118, 119,
120, 125
1955 — 181, 187, 201, 202,
203, 264, 436, 437,
442, 454, 455, 459
1959 — 114, 137
People's Educational Pub-
lishing- Association
1949—547
People's Forum
1948—104
1953—118
People's Front, The
1943—19, 100
1949 — 164
People's Institute of
Applied Religion
1948 — 131
1949 — 350, 513
People's Leg-islative
Conference
1951—249
1959 — 17, 22
People's Mobilization
1949 — 467
People's Orchestra
1948 — 392
1949 — 350
People's Peace
1948 — 350
1949 — 350
People's Press
1948 — 225
1949—398
People's Publishing House
1953 — 224, 229
People's Radio Foundation
1948 — 392
1949—351, 455, 513
People's School
1949—350, 351
People's Songs
1948 — 225, 392
1949—548
People's Songs, Inc.
1949—352, 450, 453, 513,
542, 543, 544, 548
People's University
1949—350, 351
People's Voice
1948 — 225
1949 — 399, 545, 548
People's World
1953—126, 258, 284
1957 — 109
1959 — 13, 146
People's World Bazaar
1953 — 278
Pepper, Senator Claude E.
1948 — 183, 318, 324, 354
Pepper, George
1947 — 242, 302
1948—251, 254, 357, 393
1949 — 436, 689
Pepper, John
1949 — 172, 177
Perasso, Mario Tj.
1943 — 284, 306, 316
Percv, Dr. Willard W.
1948 — IS
Peregoy, Mr. and Mrs. John
1948 — 195
Perelman, S. J.
1945 — 127
194S — 1S9
Periera, I. Rice
1949—482, 490, 500, 530,
537
Period of War Com-
munism, The
1949 — 192
Perkins
1948 — 211
1949-246
Perkins, Lloyd R.
Perkins, P. D.
1943 — 322, 328, 330-332,
339. 340
Perlberg, William
1948 — 252
Perlo, Victor
1951—278
1955 — 3f>3
1959 — 172, 173, 174
Perloff
1949 — 434
Perloff, Charlotte
1955 — 391
Perlow, Max
1948 — 119, 196
1949 — 109
1953 — 174
Perman, George
1949 — 429, 431
Permanente Hospital
1955 — 324, 325
Peronists
1959 — 105
Perowitz. Jack
1955 — 389
Perquisites of the First
Russian Revolution,
The
1949 — 191
Perriere, Michel
1948 — 311, 314
Perrin, Nat
1947 — 239
1948 — 252, 255, 355
Perrot, Ruth
1948 — 356
Perry, Bloise
1948 — 355
Perry, Jennings
1948—334, 336
1949 — 482, 490, 500, 502,
506, 512, 514, 516,
522, 523, 526, 530
Perry, Pettis
1943—60, 73
1945 — 139, 142
1947—64, 65, 96, 170, 226,
297
1948-183, 213, 343
1949—417, 418, 689
Perry, Prof. Ralph Barton
1948—324, 331
Perry, Stanley
1949 — 546
Perry, Thomas L.
1951—267
Perry, Dr. Thomas L,.
1955 — 79, 80, 97, 100, 112,
132, 150, 151, 152,
153, 154, 155, 156,
157, 158, 159, 160,
161, 162, 164, 165,
166, 167, 168, 169,
170, 228, 229, 267,
278, 279, 285, 288,
302, 304, 324, 367,
370, 387, 388
1959 — 125
Perse School, Cambridge
1953 — 231
Persily, Charles
1948—259
Persky, Sara Lee
1948—375
Pestana and Esterman
1951—29
Pestana, Frank
1947 — 73, 192
1951 — 202, 281
1955—385, 386, 451
1959—115
Peters, Bernard
1947 — 211
1951 — 77, 230
Peters, Dr. E. C.
1948 — 323
Peters, J. „„„
1949—169, 176, 178, 230
1951 — 177, 260
1959 — 154
Peters, Dr. John P.
1947 — 235
1948 — 262, 324
1949 — 482, 484, 499, 502,
504, 505, 506, 508,
511, 512, 514, 518,
520, 521, 528, 530,
531
Peters, Justice
1959 — 206
Peters, Paul
1945—121, 126
1948 — 97, 194, 266, 273,
278
1949 — 471
Peters, Dr. Ralph
1948 — 344
Peters, Judge Raymond
1955—51 ^, .
Peters, Walter Henry Chris
1943—356, 363, 364
Peters, William
1949 — 461
Peters, Winona
1943 — 364, 371
Peterson
1949 — 173
Peterson, Dena
1948—161
Peterson, Dorothy
1948 — 277, 278
Peterson, John
1948 — 94
1949 — 554
Peterson, Paul
1948—215
336
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Peterson, Z. P.
1947 — 71
1949 — 422
Petition to Free Earl
Browder
194S— 342
Petition to Grant Pardons to
McNamara and Smith
1948 — 34
1949—351
Petitions to Qualify Com-
munist Party for Ballot
1959 — 19
Petitions to Recall Gover-
nor Merriam
1959 — 19
Petlvov, Nikola
1949 — lis
Petrofsky, Julian
1953 — 282
Petrov Case
1955—394
1957—80
Petrov, Evdokia
1959 — 167
Petrov, Vladimir
1959 — 167
Petrova, Olga
1948 — 114
Petrovich, Frank
1948—374
Pettengill, Dr. Robert B.
194S — 109
Pettengill, Robert B.
1955 — 454, 455
Pettiford, Oscar
1949 — 482
Pettingill, Robert B.
1953 — 112, 113, 115, 116,
117
Pettingill, Stuart
1948 — 329, 352
Pettit, Tara Jean
1949 — 545
Pettus, Berta
1949—549
Pettus, Terry
1948 — 329
1949 — 449, 549
Pevzner, Sam
1948 — 268
1949 — 464, 546
Pezman, Theodore
1943 — 145, 147, 148, 150,
166, 168, 171
Pfalsgraf. Edith
194S — 105
Pfeiffer, Charles
1948 — 233
Phelps, Rev. Dryden L.
1959 — 184
Phelps, G. Allison
1943 — 243, 244, 275
Phelps, Wallace
1948 — 274
1949 — 472
Phi Beta Kappa
1959 — 134
Phi Beta Kappa Alumni
1948—170
Phi Gamma Nu
1959—212
Philadelphia Academy of
Music
1948—128
Philadelphia North
American
1948—276
Philadelphia School of Socia
Science and Art
1949 — 351
Philadelphia Stage for
Action
1948 — 392
Philadelphia Youth Council
Against Conscription
1948—339
Philips, Eleanor
1955 — 413, 414, 415, 416
Philips, Harold Cooke
1948 — 321
Philips, Samuel A.
1955 — 412, 413, 414
Phillipps, Herbert J., Dr.
1951 — 97, 101, 153, 154,
159, 281
Phillips, Barney
1948 — 356
Phillips, Bernard
194S — 356
Phillips, Charlotte Flanner
1947 — 278, 279
Phillips, GifCord
1955—361
Phillips, Helen
1948 — 228-230
1949—458, 482, 488, 490,
500, 505, 519, 527,
546
Phillips, Herbert
1957 — 10, 11
Phillips, Herbert J.
1953 — 139, 201, 203, 206,
256
Phillips, Professor Hubert
1947 — 242
1948 — 216
1949 — 436
Phillips, J. W.
194S — 143, 198
Phillips, James H.
1943—5
1948 — 18
1949 — 702
1951 — 1, 75
Phillips, Lewis, Dr.
1951 — 267
Phillips, Melba
1959 — 56
Phillips, Prof. Melber
1949—482, 489, 500, 505
Phillips, Wendell
1947 — 79, 90, 93
Phillsburv, Joe
1947—89
1949 — 425
Photo-History
1948 — 225
1949 — 399
Photo League
1949 — 351
Photoplay
1943 — 123
Phiihoari
1953 — 244
Physicians and Surgeons
Club
1955 — 85
Physicians and Surgeons
Hospital
1955 — 99
Physicians Forum
1949 — 351, 513
1955 — 107
Piatigorskv. Gregor
1948 — 317
Piatnitsky, Ossip
1949 — 167, 169
Piatt, Donald
1947—96
1948 — 183
Piboda, A. J.
1951 — 281
, Picasso, Pablo
1 1948 — 376
Pichel, Irving
1947 — 73. 142, 143, 183
239
1948 — .-.8. 60, 152, 171
250, 252, 255-257
276, 317, 357, 373,
382
1949 — 478, 679, 689
1951 — 56, 57, 58, 268
Picheny, Elias
1949 — 482, 488, 490
Pickens, 'William
1948 — 107, 266, 327
Pictrowski, Irene
1949—546
Picture Diriest
1948 — 225
1949 — 399
Picture Scoop
1948 — 225
1949 — 399
Picture Scope, Inc.
1949 — 549
Pieck
1949 — 162
Pieck. Wilhelm
1953 — 136, 224
Piener. Mary
1948 — 195
Pier, Arthur S.
1948—331
Pierce, James
1948 — 94
1949 — .554
Pierce, Paul
1951 — 267
Fieri, Vincent
1948 — 1S8
19 49- — 563
Pierson, Dr. Emily
1948 — 323, 324
1949 — 538
Piledrivers and Bridge
Builders Local 34
1948-163
1949 — 437
Filler, A. E.
1949 — 549
Pillsburv, Jo
1947—91
Pilot, The
194S — 294
Pinchot, Cornelia Bryce
194S — 278
Pinchot, Gifford
1948— Sr^S
Pinchot, Mrs. Gifford
1948-228, 230, 234. 336
1949 — 457-459
Pincknev. Charles
1947 — 363
Pine, Elanore
19 48-356
Pine, W. Bruce
1943 — 7
1945—6. 14
Pinner, Dr. Max
1948 — 271
1949 — 469
Pinski, David
1948 — 248
Pinskv, Morris
1947—152. 163
Pinskv, Paul
1943—158, 167
1947_78, 79, 89, 91, 204.
205, 209
1948 — 236. 298, 299, 300
1949_424, 425, 429, 430,
689
Pinskv, Sarah
1948 — 299
Pinson, Louis
1947 — 151, 160, 163-166
Pinson, Pearl
1948—184
1949—561
Pioneer Edition
1943 — 361
Pioneer Song Book
1949—309
INDEX
337
Piorkowski, John
1049—546
Pious, Minerva
1948 — 1S6
Pirinskv, George
1049 — 414, 415
Pisani, Giovacclilnl
194:-! — 284, 307, 308
Picator, Erwin
1948 — 278
Pisenti, William W.
1955—453, 454
Pisk, Dr. Paul
1048—171
Piston, Walter
1948—317, 331
Pitcairn, Prank
10 48 — 343
Pitcher, Prof. Seymour M.
1949 — 482, 490
Pitcliess, Peter
1959 — 210
Pitkin, Rex
19 49 — 5 46
Pitman, John
1945 — 61
1948-213, 226, 342, 343
Pittena-er, Mrs. G. E.
10 40 — 437
Pittman, John
1940 — 689
Pittman, Norma
1948 — 184
1040 — 561
Pittman, Dr. and Mrs.
William R.
1948 — 195
Pitts, Lila Bell
1948 — .392
1949 — 544
Pitts, Rebecca
1945 — 126
Pitts, Thomas L.
1943 — 109
Pius, Minerva
1949—562
Plack, Werner
1945—12-15
Plact, W'erner
1943—243
Plain Talk
1948—120
1049-646, 647, 654
Plains Are Ablaze
1957 — 136
Plasterer Union of the
A.F.L.
1947 — ^77
1940 — 423
Platk, V. S.
1949—414
Plato
1947—85
Piatt, David
1948 — 233, 343, 371
1949—545
Platten
1949 — 162
Playing- With Dynamite
10 43—7
Plekhanov, George
1949 — 191
Plekhanov, Georgi
1953 — 25, 26, 27, 29, 32
Plotkin, Rabbi Benjamin
1948 — 196
Plow That Broke the
Plains. The
1948 — 247
Ployardt, John
1048 — 356
Plunkert, William J.
1051—255
Plunkert, Mrs. Frances
Moore
1943—111
I'lunkert, William J.
1943 — 163
1047—78
1948 — 235
19 49 — 4 24
Pniewski, Ted
1949 — 546
PNOO
1949—125, 126
Podselver, Judith
1948 — 374
Foe, Clarence
1948 — 321
Pogany, Josef (Joseph)
1949 — 172, 177
1953 — 5 8
Poggioli, Prof. Renato
1948—271
1949 — 469
Point Labos
1043 — 181
Point Labos
1959—131
Pointer, Greta E.
1955—301
Pokorne, Milton
1048 — 226
Polack, Anne
1048—308
Polack, Francis
1948 — 308
Polainas, .Juan
1948 — 342, 343
Polakov, Walter N.
1947 — 202
Poland
194.3 — 219, 221
Polansky, Abe
1948 — 261
1949 — 689
Poletti, Johnnv
1948—183, 356
Police Department of Los
Angeles
1955 — 378
Police Forces of Germany
1943 — 219
Polirif and Proc/ram of the
Communist Interna-
tional
1959 — 111
Policj/ for American
Labor, A
1959 — 41, 102
Poling, Rev. Daniel A.
1959 — 144
Polier, Shad
1948—265
Polish American Trade-
Union Council
1949 — 124
Polish-American Trades
Council
1949 — 414
Polish Communist Party
1949 — 119, 351
Polish Falcons of America
1949—414
Polish L.ibor
1949—355
Polish League
1955—388
Polish Peasant Party
1949 — 120, 121
Polish Security Police
1949 — 122
Polish United Workers
Party
1957 — 82, 94
Polish Workers Party
1949—124
Politburo
1949 — 32, 101, 127, 130,
645
1951—45, 56, 185, 199,
200
1957—93, 96
1959 — 179
Political Action Committee
1947 — 236, 237
1948 — 195, 254, 353, 354
1959—29
Political Action School
1947—101
1953—272
Political Affairs
1948 — 35, 49, 86, 225, 252,
364, 387
1949 — 88, 89, 101, 105,
107, 124, 144, 166,
180, 187, 188, 189,
190, 191, 224, 262,
263, 345, 384, 399,
441, 462, 536, 545,
1951—13, 21, 170
1953 — 70, 71, 73, 140
1955-— 267
1957 — 8, 11, 77, 78, 79,
82, 93, 94, 96, 109,
119, 121, 146
1959—31, 32, 33, 41, 102,
103, 109, 146, 147,
153, 170, 182, 188,
194, 211
Political Economy and
Capitalism
1951—153
Political Prisoners Welfare
Committee
1955 — 391
Political Prisoners Welfare
Committee of Los
Angeles
1955 — 389
Political Report
1957—131
Politics of California, The
1959 — 18, 34
Polkki, John
1947—225
Pollack, Anne
1948 — 254
1949—689
Pollack, Annya
1055 — 389
Pollack, Frances
1948 — 254
Pollack, Mrs. Fred
1948 — 241
Pollack, Joe
1955—389
Pollard, Walter
1945 — 148
Pollitt, Harry
1949 — 133, 172
1953—241
Pollock, Arthur
1948—378
Pollock, Fred
1947 — 54
Pollock, Mrs. Fred
1947 — 55
1948 — 146, 149
Pollock, George G.
1948—18
Polokoff, Frank P.
1951 — 267
Polonia Society — see also
International Workers'
Order, Polish Section
1949 — 124, 466
1951 — 283
1955 — 44
Polonsky, Abraham
1947 — 179, 180, 186
1948—104, 105
1951—55, 56, 57
Polska Partja Komunis-
tyzna
1949 — 351
338
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Polytechnic High School in
Los Angeles
1947 — 54, 55
Pomerance, Dr. Isidore
1949 — 482, 500, 504
Pomerance, M. William
1945 — 137
1947 — 67, 179, 186, 188,
303
1948 — 104, 184, 252, 255
1949 — 419
Pomerance, William
1949 — 689
Pomerantz, Abraham L.
1949 — 482, 490, 500, 514,
519, 530, 534
Pomona College
1953—133
Ponder, Max P.
1948—146
Pontecorvo Case
1957 — SO
Pontius
1957 — 58
Pool, Mrs. David De Sola
1948 — 227
1949 — 457
Poole. Abram
1948 — 331
Poole, Ernest
1948—331
Poor, Henry V.
1948 — 331
Pope, Dr. Arthur Upham
1948 — 114, 131, 169, 200
208, 322, 323, 326,
329, 350-353, 390
1949—412, 482, 499, 502,
503, 505, 513, 516,
518, 520, 522, 528,
530, 531, 532, 534,
537, 538, 540
1951 — 280, 286
1953—131, 172, 173, 176
Pope, Edwin W.
1947 — 91
Pope. Gordon
1948 — 311
Pope, Henry W.
1948 — 324
Pope, Walter R.
1955—19
Popov, Alexei
1948 — 278
Popova, Elizabeth A.
1948 — 177, 178, 231
1949 — 460
1951 — 286
Popova, Nina
1948 — 228
1949 — 457
1951 — 285
Popovitch, Jovan
1951 — 270
Popper, Martin
1948 — 208, 332, 352
1949 — 482, 491, 512, 541
1951 — 263, 278
Poppof, Moris
1955—389
Popular Front, The
1949 — 19, 20, 32, 48
Popular Socialist Party
1949—46
Porter, Allen
1945—121
1948 — 248
Porter, Bernard
1951 — 229
Porter, Mr. and Mrs. Bruce
1948 — 144
Porter, Mrs. George F.
1948 — 170
Porter, Herman
1955 — 307
Porter, Jean
1948 — 210
Porter, John W.
1955 — 390, 409, 416
1959 — 128
Porter, Katherine
1948—331
Porter, ]\Targaret Bennet
1959 — 172
Porter, Paul
1947 — 182
Porter, Quincy
1948 — 331
Portola Royal School
1957 — 56
Posner, Jerome
1943 — 210. 217
1945 — 14S, 182, 193, 196,
197
1947—96
1948 — 183, 375
Posner, Louis S.
1948—114
Posner, Saul
1948 — 311, 312
Pnst Office Department
1959 — 142
Postak, Stanley
1948 — 285
Postel, T^''aldo F.
1948 — 18
Poston Relocation Center
1945 — 58. 59
Potamken, Harry Allen
1945 — 119
194S — 270
19 49 — 192
Potamkin, La^vrence
1948—266
Potash, Irving
1947 — 227
1948 — 204-206, 209, 212,
213, 244
1945 — 145, 452
Poteat, Dr. Edwin McNeil
1948 — 198
1949 — 449, 455
Potnf.skv, J.
1959 — 97
Potofsky, Jacob S.
1948 — 208
Pottenger. Caroline
1949—596
Pottenger, Dr. Francis M.
1948—170, 171, 271, 350.
352
1949 — 169
Pottenger, Dr. Francis M.,
Jr.
1955 — 312
Potter, Ell"n C.
1948 — 375
Poulsen, Dr. Edward C.
1948 — 18
Poulson, Harper
1947 — 243
1948 — fi2
1949 — 470
Poulson, Harper W.
1953 — 103, 118, 174, 280
Poverty of Philosophy, The
1953—10
Powell, Rev. A. Clavton, Jr.
1948 — 96, 114, 151, 169,
181, 186, 196, 200,
202, 208, 323, 324,
327, 329, 334, 351-
353, 538, 548, 562
Powell, Dick
1955 — 294, 315
Powell, Evangeline
1947 — 91
Powell, Hazel Scott
1949 — 448
Powell, Helene
1948 — 184, 185
1949 — 561
Powell-Buchanan Publish-
ing Co., Inc.
1949 — 548
Powell, Richard
1955 — 387
Powers, Donald W.
1955 — 402
Powers, George E.
1948 — 268
1949 — 464
Powers, Maxwell
1948 — 317
Powers, Robert
1951—254
Poynter, Nelson
1948 — 263
Pozner, Vladimir
1948 — 261
Prager, Mollie
1943 — 168, 169
Prager, Stanley
1948—356
Pranskv, Mever
1948 — 146, 149
Pratt, Elliott D.
1948 — 334, 336
Pratt, Glenn
1948 — 252
Pratt, L. D.
1948 — 18
Pravda
1948—119
1949—30, 31. 40, 43, 51,
160, 181
1951 — 179
1953 — 36, 37, 70
Preece, Harold
1945—121
1948 — 93
Presbvterial Mission
1955 — 118
Presbvterian Board of
Foreign Missions
1955—118
Presbyterian Synod of
California
1949 — 699
Presnell, Bob, Jr.
1948 — 210
Presnell, Marsha Hunt
1948 — 211
Press
1945 — 6
Press Prnpnnnnda and War
1948 — 216
Press-Teler/ram.
Long Beach
1955 — 21
Pressman, Lee
1948 — 265, 270, 329, 331,
353
1949 — 449, 541, 629
1951 — 56. 90, 93, 263
1953—172, 173, 176
1959 — 172, 173
Pressman. Sophia
1948 — 151
Prestes, Carlos Luiz
1949 — 300. 352
Prestes Defense
1948 — 55. 335, 381
1949 — 3,c;2
Prestes, Luis Carlos
1948 — 363
1949 — 451-454
Preston, Charles
194 8-151
Preston, Evelyn
1948 — 248
Prevev, Marguerite
1948 — 243
Prezfekl, Mrs. Rae
1947—185
INDEX
339
Price, Enoch
1948—163
Price, Jake
1953—259
Price, Joe
1948-280
1951_107, 109, 110, 111,
116, 117, 118, 133
1959 — 127
Price, Joseph
1957—3, 21, 30
Price, The
1955 — 315, 316, 320
Price, Vincent
1948 — 210, 357
1949 — 689
Pridinoff, Erick Lionel
1948 — 14, 140
Primoff, George
1948 — 268
1949 — 464
Primrose, William
1948 — 317
Prince, Frank
1948 — 117
Prince v. Massachusetts
1953—181
Prince, Sidney, Dr.
1955 — 315
Prince, Mrs. Sidney
1955 — 315
Princeton University
1948 — 239
1949 — 495
1955 — 332
Principles of Ethics
1955 — 126
Printing Specialities Union,
Local 362
1947 — 90
Prisoners Relief Fund
1953—175
Pritchard, Jules O.
1948 — 18
Pritchett, Harold
1948 — 332
1949 — 454, 541
Prival, Jean
1948 — 277
Private Hicks
1948 — 96, 128
Private Property, and the
State
1949—190
Pro-America Group
1949 — 611
Problems of Leninism
1945 — 155
1947—13-15, 19
1948 — 42
1949 — 192, 617
1953 — 61
Procedural Analysis and
Plan for Correcting an
Involved Situation in a
State University
1959 — 86
Proceedings of the Writers'
Congress
1951 — 53
Proctor, Lyle
1945 — 48
1948—185
Proctor, Roscoe
1949—429, 432
Pro-Fascist Publications
1943—285
Professional Section
1959—129
Proflntern
1947—63
1949 — 415
1953—55, 58, 245
1959—90
Program for Community
Anti-Communist
Action
1949—654
Program, of the Com-
tnu7iist
1947 — 13
Program of the Young
Communist Interna-
tional
1951—15
1953—195
Programme of the Party of
Hitler
1943—218
Progress Notes
1955—162
Progressive A. F. of L.
1948 — 38, 62, 63
1949—470
1955 — 4
Progressive A. F. L. Com-
mittee for Political arid
Legislative Action
1947—241
1949—435
Progressive Book Shop
1948—120, 224, 343, 390
1949—142, 318, 622
1957 — 1, 121, 145, 148
1959—137
Progressive Book Store
1959—146, 147, 181, 182
Progressive Bookshop of
Boston
1949—310, 352, 384, 387,
390, 391, 393, 395,
399, 401, 403
Progressive Book Shop,
Los Angeles and Sac-
ramento
1949 — 353
Progressive Bureau
1943—373
Progressive Citizen
1948—354
1949 — 399
Progressive Citizens Asso-
ciation
1949 — 540
Progressive Citizens of
America
1947 — 98, 283-238, 240,
369
1948 — 38, 41, 52, 55, 59,
60, 62, 63, 77, 105,
129, 139, 147, 148,
158, 168, 192, 203,
207, 218, 219, 231,
254, 319, 326, 346,
353-355, 357, 371,
393
1949—315, 336, 338, 352,
360, 361, 366, 380,
399, 448, 470, 477,
489, 513, 517, 627
628, 629, 705
1951 — 25, 58, 290, 291
1953 — 285, 286
1955—4, 364, 365, 461
463, 464
1959—114
Progressive Citizens of
America (Sawtelle
Chapter)
1948—203
Progressive Citizens of
Cincinnati
1948 — 354
Progressive Citizens of
Cleveland
1948—354
Progressive Citizens of
Ohio
1948—354
Progressive Committee to
Rebuild the American
Labor Party
1947—210
1948 — 342
1949—352
Progressive Gorman-
Americans
1949 — 352
Progressive Labor School,
Boston
1949 — 352, 375, 401
Progressive Notes
1955 — 88
Progressive Opticians
1951 — 267
Progressive Party
1949—50, 51, 343, 352,
472, 489, 628
Progressive Students of
America
1951—114
Progressive Trade Union
School
1949—353
Progressive Veteran
1951 — 287, 288
Progressive Women's
Council
1948 — 142
1949—353
Progressive Workers for
Free Care for Strikers
1955 — 274
Progs
1953 — 229
Pro-Japanese Sympathies
1943 — 350, 351
Prokosch, Frederick
1945—127
"Proletarian Literature in
the United States"
1948 — 120, 194
Proletarian Party
1949 — 206
Proletarian Party of
America
1949—353
Proletarian Revolution and
the Renegade Kautsky,
The
1949 — 192
Proletariat
1945—66, 80, 84-85, 128
Prompt Printing Press
1948-180, 196
1949—353
1951—279
Propaganda and Agitation
Activities
1943—120
Protest Against Ban of
Browder
1948 — 55
Protestant
194S_93, 225, 320, 352
Protestant Associates
1949—353
Protestant Digest
1948—93, 225, 320
1949 — 400
Protestant Digest, Inc.
1949 — 549
Protestant, The
1949—353, 400, 549, 633,
634
Protestant People's
Institute of
Applied Religion
1948 — 336
Prothro, E. T.
1949 — 486
340
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Provisional Committee for
Democracy in Radio
194S — 392
1949 — 353
Prouty, C. R., Jr.
1947 — 121, 122
Prouty, Jolene
1947—121
Prouty, Sally Bird
1947 — 121
Provincial Government
for Free India
1953 — 215
Provisional Committee to
Free Earl Browder
1949—520
Provisional International
Trade Union Com-
mittee of Negro
AVorkers
1949 — 353
Pro-War Press Conference
1945—138, 139, 142
Prowell, Alpheus
1943—140
Proyer, Robert
1948 — 356
Prudential Insurance Com-
pany
1957 — 17
Pruette, Lorine
1945 — 127
Psychological Corporation
1949 — 661
Psychology and Human
Living
1947 — 324
Public Affairs
1947 — 337
Public Affairs Committee
of Los Angeles
194S — 342, 343
Public Employees Union,
C. I. O.
194S— 148
Public Policv Committee
1949 — 671
Public Use of Arts Com-
mittee
194S— 34, 3S1
1949 — 354
Public Workers of America
1959—41
Puening-, Frank
1951 — 237
Puening, Kate
1951 — 237
Puening, Katherine Visser-
ing — see also Oppen-
heimer, Katherine Pue-
ning
1951—237
Purcell, Carol
1943 — 362
Purck, Jacob
1948 — 266
Purdy, Robert J.
1948—171
Puro, H.
1949 — 179
Pushkin
1953 — 45
Putilov Locomotive Works
1953 — 27
Putnam
1948—331
Putney, Samuel
1945—127
1948 — 340
Putney, Rev. Max C.
1948 — 114
Q
Quadros, Blacky
1947—163
Quallo, Mrs. Isabel
1948—5
Quami Kitab Ghar
1953—229
Quarry Workers Union
1959 — 94
Queen of the Angels
Hospital
1955—99, 134, 135, 136,
137, 138, 139, 165,
251
Question of Academic
Freedom
1957 — 11
Qucfitions, Please
1943 — 278, 279
Quiel, Mrs. Lucile
1948 — 18
Quill, Michael J.
1945 — 148, 197
1948 — 114, 162, 201, 211,
270, 324, 328, 329.
350, 351, 352, 375
1949 — 448, 449
1953 — 64
Quillian, William F.
1948—181
Quince, Peter
1948 — 341
Quinn, Anthony
1943 — 210
1948 — 104, 105
Quinn, John R.
1945—143
Quinn, Katherine de Mille
1948 — 198
Quinn, Louis
1947—73
Quinn, Mike
1948—193, 268, 343
1949 — 378, 464
Quintana, Delores
1948—356
Quisling
1947 — 293
Qurban, Fazal Ilahi
1953 — 242
Rabinowitch, Joseph
1943 — 152
Robowski, Joseph S.
1949—546
Races of Mankind
194S — 192, 228
Rack, Rose
1955 — 391
Radek, Karl
1945—123
1949—161, 162
1951—257
Rader, Dr. Melvin
1948 — 249
1951 — 93, 159
Raderman, Lon
1948 — 311, 314
Radin, Max
1959—130
Radin, Dr. Max
1943 — 60, 116
1948 — 109, 114, 144, 195
1949 — 6S9
1951 — 136
Radin, Dr. Paul
1943 — 139
1948 — 199
1951 — 136
1953—151
Radio Corporation of
America
1959 — 103
Radio Mates and Engi-
neers
1947—161
Radio-Keith-Orpheum
Pictures, Inc.
1947 — 364
Radio Writers Guild
1945 — 117
1948 — 342
Radio
1943 — 363
Radio Broadcasts
1943 — 346
Radio Moscow
1959—210
Radio Pictures, Inc. v.
Ja^^rico
1955 — 62
Radio Programs
1943—61
Radio Rebroadcasts in
Japanese Location
Centers
1943 — 346-348
Radio Workshop
1955 — 458
Radiological Safety Serv-
ices Advisory ComiTiit-
tee to the Disaster
Council
1955 — 147, 148
Radkiewicz, Stanislaw
1949 — 122
Radnicki Olasnik
1949 — 400
Radnik
1948 — 225
1949 — 400
Rafu Shimpo
1943 — 333, 334, 336
1945 — 62
Railroad Workers Link
1948 — 49, 225
1949 — 409, 546
Railroad Brotherhood
19 47 — 55
Railway Brotherhoods
1959 — 23
Raihvay Carmen's Journal
1955 — 453
Rainer, Louise
1948 — 248, 278, 310
Rakoczy, Regina
1948 — 151
Rakosi, Matyas
1949 — 101, 161
Rakovsky
1949—162
Raley, Stern d Brown v.
Ohio
1959 — 193
Raksin, David
1948 — 317
Ram Singh
1953 — 220
Rambo, Lois, Mrs.
1955 — 137, 138, 162, 165
Rambo, Jerome
1955—137
Ravibo V. Queen of Angels
19 55 — 166
Ranieau, Bmil
1948 — 356
Ramiriz, Nicholas
1948 — 94
1949 — 554
Ramona
1943—8, 10, 175
Ram.say, E. G.
1943 — 150, 176, 177, 192
Rampay, King, Conner and
Wallace
1943 — 177-199
Ramsey, David
1953 — 153
Ramsey, J. B., Prof.
1948-109, 110
Ranadive, B. T.
1953 — 231, 238, 239
INDEX
341
322,
343,
Randall, Byron
1947 — U4
Randau, Carl
1948—323
Randolph, A. Philip
1948 — 109, ir,l, 181
Randolph, A. Phillip
1949 — 341
Randolph, Lee F.
1948 — 144
Rand School
1948 — 246
Raner, Guy Havard
1955 — 424, 426
Rankin, Congressman
John E.
19!S— 260
Ranford, Mr.
1947 — 50, 51
Rank and File Voice
1947 — 155
Rao
1953 — 238
Rapee, Erno
1948—311
Raper, Arthur
1948 — 334, 336
Rapf, Maurice
1948 — 260, 372
Raphaelson, Sampson
1948 — 310
Rapoport, Frieda
1951—265
Rappaport, David
1953—283
Rapp-Coudert Committee
1947—267
1948 — 159, 179, 331
1949—202, 257, 278, 279,
280, 283, 294,
325, 328, 330,
346, 404, 541
1953 — 144
Raskin, David
1948—374
Raskin, Mildred
1947 — 73, 253, 263
1948 — 121, 369
Rathbone, Basil
1948 — 358
Rathbone, David Henry
1943 — 266, 271, 272
Rathborne, Mervyn
1947 — 78, 79, 101, 163,
202, 209, 210, 241
1948 — 141, 151, 162, 185,
201
1949—424, 435, 448, 449,
689
1951 — 56, 59. 93
1953 — 171, 172, 173, 174,
177, 259
1955—417, 418
Rathbun, Harry J.
1948 — 329
Ratner, Jeanne
1948—327
Raubenheimer, A. S.
1953 — 133
Raulston, Dean
1955 — 160
Rausch, Fred
1948—233
Rautenstrauch, Prof.
Walter
1948 — 112, 114, 141, 151,
162, 201, 211, 233,
1949-
234,
249,
263,
270,
271,
328,
329,
350,
352,
358,
377,
391
■448,
449,
452,
482,
484,
488.
490,
498,
502,
504,
505,
506,
507,
508,
509,
510,
512,
514,
518,
520,
522, 528, 531, 536,
537
1951 — 92, 93, 271, 280, 281
1953—131, 171, 172, 173,
176, 177, 280, 281
Ravin, David
1945 — 175
Ravines, Eudocio
1953—136
Rawley, Callman
1948 — 375
1949 — 482, 490, 500, 504,
512
Ray, Dorothy — see also
Healy, Dorothy
1943 — GO, 86-88, 111
1949 — 422
1959—209
Ray, Jack B.
1949 — 601
Ray of Light Bureau
1943 — 359, 373
Rayes, Alfonso
1951 — 272
Raymond, David
1949 — 181
Raymond, Eleanor
1953 — 79, 118, 119
Raymond, Harry
1948—233, 343
Raymond, Philip
1948 — 244-246
Readers Dic/est
1947 — 117, 119, 120, 138
1951—103
Reader's Scojye
1948—225
1949 — 400, 549
Realism in the American
Film
1948—373
Reception for Tsola
Dragoicheva
1949—354
Recovery Through
Revolution
1948 — 245
Red Academy
1959—157
Red Army
1949—28, 33, 39, 40, 41,
51, 53, 59, 62, 104,
116, 119, 121, 122,
123, 124, 126, 132,
133, 147, 166, 180,
199, 219, 242, 243,
244, 248, 413, 487,
528, 539, 553, 554,
555, 557, 626, 645,
704
1951—45, ISO, 181, 186,
288
1959 — 47, 95, 178
Red Army, Budeny Division
1959 — 119
Red Army General Staff
College
1953—230
Red Army Military
Academy
1951 — 179, 180
Red Army of China
1949 — 555
Red Army of Hungary
1949 — 172, 173
Red-Baiter
1943 — 16, 84
Red-Baiting and
Red-Baiters
1945 — 66, 67
Red Decade, The
1943 — 17, 19
1945—127
1947 — 313
1948—245
Red Decade, The
1949 — 8, 11
Red Decade; the Stalinist
Penetration of AmeiHca,
The
1959—94, 122, 136
Red Fascism
1949—193
Red International Aid
1949—319
Red Intc^rnational of Labor
Defense
1949—319
Red International of Labor
Unions
1949—173, 353, 303, 364
1959—91
Red International of Trade
Unions
1949 — 216
1959—95
Red Prussian
1949 — 654
Red Sports League
1949—326
Red Sports Union
1949 — 343
Red Star Man
1943—37
Red Trade Union
International
1951 — 8
1953 — 48, 55, 58
1955 — 399
Red Virtue: Human Rela-,
tionshlps in the New
Russia
1953 — 164
Red Youth International
1955 — 399
Redlands University
1953 — 133
Redmont, Bernard
1959 — 174
Redner, Marion
1948 — 215
Reds Now Travel on Their
Subversive Errands —
hy Supreme Court
Decree
1959 — 194
Reed, Alan
1948—356
Reed, Asst. Chief of Police
Joe
1949 — 611
Reed, Bob
1949 — 556
Reed College
1947 — 72
1955 — 421
Reed, Dorothy
194S— 339
Reed, J. F.
1945 — 162, 189
Reed. Jane M.
1959 — 176
Reed, John
1948—118, 270
1949_157, 176, 177, 180,
298, 324, 325
Reed, Joseph
1947—59, 60
Reed, Justice
1959 — 141
Reed, Robert
1948 — 377
Reed, Wm.
1948 — 94
1949 — 554
Rees, C. L.
19.48 — 343
Reese, James
1955—237
342
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Reeve, Carl
1948 — 266
1949 — 180, 451
Reeve, Earl
1949 179
Reeves, Floyd W.
194S — 321
Refregier, Anton
1947—82, 91, 94
194S — 151, 189, 216, 270
1949 — 146, 448, 449, 482,
483, 488, 490, 499,
502, 503, 504, 505,
506, 509, 511, 512,
513, 514, 523, 525,
527, 530, 531, 534,
535, 536, 537, 689
1951 — 271, 272, 275, 281,
287
Refugee Scholarship and
Peace Committee
1947 — 202
1948 — 151
1949 — 354
Regalado, Sophia
1951—267
Regan, John T.
1948 — 18
Registration and Other
Stories
1957 — 136
Reich, Harry
1949—448, 449
Reichsbauner
■ 1951 — 17
Reichstag
1943 — 219
Reichstag Fire Trial
Anniversary Committee
1948—34, 133, 190, 301,
336
1949 — 354, 522
1953 — 172, 281
1955 — 88
Reid, Dr. Ira De A.
1949—482, 483, 500, 508,
512, 514, 515, 519
Reid, Neil W.
1948 — 18
Reid, W. L.
1955 — 34, 37
Reigger, T\^allingford
1948 — 327, 329, 352
Reilly, George R.
1947 — 79, 80, 90, 93
1949 — 424
Reillv, Joe
1948 — 339
Reimer
1949 — 246
Reiner, Dr. Fritz
1948—263, 311, 317
Reiner, Jan
1947 — 89, 94
1949 — 425
Reinhardt, Ad
194S— 377
1949 — 482, 488, 500, 503,
534, 536, 537
Reinhardt, Dr. Amelia
1948 — 144, 195
Reinstein, Boris
1949 — 172, 176
Reinstein. Carl
1948 — 213
Reis, Bernard J.
1948 — 378
Reis, Clare
1948—317
Reis, Irving
1948 — 210
Reis, Mita
1948—97
Reis, Rachel
1948 — 184
1949 — 561
Reisman, Phil
1948 — 261
Reiss, Curt
1945 — 203
Reissig, Herman
194S— 248
Reissman, Dr. David
1955 — 132
Reite, Ed
1947—90, 242
1949 — 436
Reiter, Al
1948 — 356
Rejnic, Gisha
1955 — 389
Rejnic, Sam
1955 — 389
Religion
1945 — 72-74
1949 — 192
Religion arid Comm^inism
1943 — 32
Relinion in the U.S.S.R.
1949 — 539
Remes, Andrew
1951 — 24
Remington Case
1959 — 188
Remington, Frederick
1951—175
Remington, William
1959 — 173, 174
Reminiscences of Lenin
1949 — 192
Remos, Sue
1955 — 387
Renaker, Jane
1947 — 65
1949 — 418
Reneau, Rev. L. W.
1948 — 358
Reneker, Jane
1948—215, 220
Renn, Ludwig
1945 — 119
1948 — 266
Rennaissance of American
Poetry
1957 — 146
Renno, Vincent
1948 — 356
Reno, Vincent
1959 — 175
Renoir, Jean
1948 — 374
Renow, D. W.
1949 — 437
Renzetti, Major
1943 — 295
Replogle, Ellsworth
1948 — 268
1949 — 464
Report From Washington
1948 — 225
1949—400, 547
Report of National Execu-
tive Board, A.F.L.
Painters' Union
1959—115
Report of the Com,mission on
Government Security
1959 — 97, 143, 201
Report on National Laxoyers
Guild
1959 — 126
Report on the Russians
1947 — 117
Report on the Work of the
Governinent
1957 — 139
Report on World Affairs
1948 — 225
1949 — 400, 549
Reporter
1948—225
1949 — 400, 546, 633
Repplier, Agnes
1948 — 331
Republic
1945 — 70
Republican Party
1959 — 17, 18, 31, 33
Republican Spanish Army
1951—192
Resettlement Administra-
tion
1959 — 172
Resner, Herbert
1948 — 215, 332
1949 — 424, 542, 689
1951 — 260
1959 — 23, 124
Resnick, Gisha
1955 — 391
Resnick, Sam
1948^356
Resnik, Regina
1949 — 482
Retail and Wholesale
Workers, Local 65
1959—94
Retail Clerks
1947 — 80
Retail Clerks' Union
1948 — 383
1949 — 437
Retail Grocery Clerks,
Local 648
1947 — SO
Retail Shoe and Textile
Salesmen, Local 410
1947 — 80
Reuther, "^^alter P.
1959—97
Revere, Anne
1947 — 180, 239
1948 — 59, 202, 209, 356,
357
1949—146, 689
Revere Copper and Brass
1957—17
Revolution and Counter-
Revolution
1949—25, 27
Revolution in Spain
1949 — 191
Revolution of 1905
1953 27
Revolution of 1905-07, The
1949 — 191
Revohition of 1917, The
1949—192
Revolutionary Age
1949 — 156, 40i
Revolutionary Workers
League
1949—354
Revolutionary Writers
Federation
1948 — 245
1949—354, 374
Rexroth, Andrea
1948 — 6
Rey, Frances
1948 — 356
Rev, John
1948 — 244
Reynolds, Bertha
1955—289
Rej^nolds, Bertha C.
1948—271, 327, 375
1949 — 469, 482, 490, 499,
502, 504, 506, 510,
512, 513, 514, 518,
519, 521, 522, 524,
528, 532
Reynolds, Dr. Frederick
1947 — 73, 242
1948 — 436
INDEX
343
Reynolds, Dr. Frederick G.
(Fred)
1955_7f), 267, 28S, 289,
308, 309, 315, 360,
374
Reynolds, H. R.
1945—116
Reynolds, Dr. Louis G.
1947 — 96
1948— 35S, 359
Reynolds, Malvina
1948 — o57
Reynolds, Iloth
1943—145, 164
1948 — 315
1951—83
Reznick, David
1948—171
Rhee, Syngman
1957—139
Rheinheimer, Helene
1943 — 238
Rhelnische Zeitung
1945 — 69
Rhetta, Virgil
1948 — 156
Rhoads
1949 — 254
Rhodes, Peter
1959 — 175
Rhythm of the Waist
Drum
3i-57— 134
Ricardo, Elizabeth
1948 — 213
113, 114, 151,
238, 248, 273,
331, 353, 358,
26
Rice, Elmer
1948 — 109,
188,
323,
389
1949—471
Rice, Floyd
1955 — 417
Rice, Jean
1949 — 437
Rice, Robert
1948 — 377
Rice, Vernon
1949 — 482, 506
Rice, Prof. ^Villiam Gorham
1948—271
1949 — 469
Richards, Ann
1948 — 268
1949 — 464
Richards, Hodee
1948 — 343
Richards, Lyle
1955—2, 15, 2 .
Richards, Robert
1948 — 356
Richards, Sylvia
1948—210
Richardson, A. J.
1948 — 63
1949—470
Richardson, Barbara
1948—184, 185
1949—561
Richardson, Harold B.
1948 — 339
Richardson, Kenneth
1953 — 133
Riche, Aaron
1947—96
Richie, Amelia
1948—152
Richman, Ben
1948 — 13, 177, 382
Richman, Marian
1948—356
Richman, Mathew
1948-355
Richmond, Al
1947-83, 84, 91
1948 — 342, 343
1949 — 545, 624, 689
Ricker, A. W.
1948-114
Ridle, Ray
1948—383
Riedman, Sara
1959 — 56
Riegger, Wallingford
1948—311, 323, 353,
1949 — 482, 488, 490, 494,
499, 501, 502, 506,
511, 518, 529, 530,
531, 537
Biemer, John L.
1943 — 225, 232, 233, 245,
246, 275, 277
Rienfeld, Walter
1948 — 273
Riese, John Henry
1943—153, 169
Rifkin, Leo
1948 — 186
1949—562
Rifkin, Dr. Serra S.
1951 — 267
Ril'kin, Sonia
1948—356
Riggs, Lynn
1949—482, 527, 528
Right-to-Work Legislation
1959—32
Riley, Alfred
1948 — 259
Rinaldo, Ben
1949-689
Rinaldo, Fred
1947—180, 239
1948_258, 275, 330, 355
1951—53
Ringling, Alfred
1947—363
Rino, Phil
1949—548
Ripley, John
1948—280
Ripps, Lillian
1955 — 388
Risdon, Elizabeth
1948—278
Risken, Everett
1948—252, 255
Riskin, Dr. Alexander
(Alex)
1955_266, 268, 288, 367
370, 374
Riskin, Mrs. E.
1948—97
Risley, Rose
1951 — 281
Ritt, Martin
1949-482
Rittenberg, Violet
1948—185
River, W. L.
1945 — 127
1947—106
1948 — 276
1949 — 545
Rivera, Diego
1951 — 273
1953 — 40
Rivera, Rosendo
1948 — 164
Rivkin, Allen
1945—116
1948 — 97
1951—53
Rivkin, Lawrence
1948—201
RKO Studios
1948—260
1959—115
Roach, Loonind .J.
1949 — 595
Road from San Francisco,
The
1948 — 217
Road to Power, The
1949 — 191
Robbin, Clara
1949 — 428, 433
Robbin, Ed
1943—61, 153
1945—139, 142
1947 — 64, 65
1949—417
Bobbins, Evelyn
1948—146
Robbins, Ray
1918—357
Robbins, Samuel
1948 — 386
Robel, Charles
1948 — 179
Roberson, Mason
1948 — 343
1959 — 134
Robert Marshall Foundation
1949 — 308, 330, 354, 358,
405, 460
Robert Merriam Post of the
Veterans of the Abra-
ham Lincoln Brigade
1948—218
1951—234
Roberto
1943—287
Roberts, Dr. Alexander C.
1947 — 88, 94
1949 — 425
Roberts, Dr. Bertram L.
1948 — 344
1955 79
Roberts, Dr. Chester L.
1955 — 104, 105, 106, 107,
108, 109, 110, 111,
112, 113, 114
Roberts, Dr. Dean W.
1949 — 482
Roberts, Gale
1948—356
Roberts, Dr. Holland
1947—78, 79, 81, 87-91,
94, 101, 105, 277
1948—97, 170, 171, 176,
177, 185, 199, 325,
343
1949 — 424, 425, 429, 430,
431, 432, 482, 500,
505, 508, 512, 517,
529, 530, 533, 534,
535, 539, 689
1951—57, 59, 64, 133, 235,
258, 271, 272, 277,
281
1953—139, 151, 174, 248,
260, 265, 266, 269,
270, 271, 272, 273,
274, 276, 280, 281
1957—133
1959 — 39, 40
Roberts, Dr. and Mrs.
Holland
1948—216
Roberts, R. B.
1947—179
Roberts, Stephen
1948—356
Roberts, Prof. Walter Orr
1949—482, 483, 514
Roberts, William Orr
1949 — 495
Robeson, Essie
1947 — 293
Robeson, Paul
-IQ43 — 123
1947—34, 98,233-236,288
293, 294
344
UN-A]\1ERICAN ACTIVITIES IN CALIFORNIA
Robinson, Dr. Louis
1955 — 97, 106, 344, 346,
3S3. 386
Robinson, Marguerite
1955—297, 307, 315, 328,
347
1059—125
Robeson, Paul — Continued
194S — 96, 101, 102, 113,
114, 128, 136, 151,
162, 183, 189, 193
194, 198, 200, 201,
203, 208, 218, 233,
247, 248, 262, 318,
320, 329, 340, 346, Robinson, Olga K
351-354, 357, 390, 1948 — 233
392
1949-289, 448, 449, 455,
478, 482, 484, 488,
489, 490, 494, 498,
501, 502, 503, 505,
506, 508, 509, 511,
512, 513, 514, 515,
516, 517, 518, 519,
520, 521, 522, 523,
524, 525, 526, 528,
529, 530, 532, 533,
535, 536, 537, 544,
548, 689
1951 — 24, 41, 56. 58, 60,
92, 93, 235, 247,
250, 251, 255, 264,
Roeder, Ralph
1945—127
1948—271
1949 — 469
Roeth, Charles P. B.
1947 — 89
Roetke, William
1959 — 212
Rogan, Leo
1953 — 251, 260
Rog-an, Mrs. Leo
1953 — 251
Rog-ell, Al
1948 — 252, 255
Robinson, Ray
1948 — 378
1949—557
Robinson, Reid
1945 — 148
1948 — 107, 114, 151, 162, Rog-ell, Albert S
181, 198, 201, 211, 1955—441
248, 319, 324, 327-
329, 351, 352, 377
1949 — 448, 449, 453, 548
1953—64, 172, 174, 176
1955 — 329
Robinson, Robert
194S — 233
Robinson, Robert Shannon
1955—321, 322, 323, 390
268, 271, 272, 273, Robinson, Theodor
276, 278, 281, 287, 1943—152, 155, 156, 165, Rogers, Bill
290 1G8 1948—4
1953—131, 172, 173, 176, Robison, David
250, 251, 252, 280, i955_387
Roger, Sidney
1947 — 78, 103
1948 — 8, 92, 132, 215-219
1949 — 424, 689
1953—251, 252, 279, 282,
283
Rogers, Ben
1948—226
Rogers, Bernard
1948 — 331
281
1955 — 392
1959 — 195
Robeson, Paul, Jr.
1948 — 339
Robeson, Mrs. Paul
1948 — 172
1949 — 547, 626, 627
Robins, James V.
1949 — 601
Robins, Raymond
1948 — 170, 324
1949 — 491
Robinson
1949 — 629
Robinson, B.
1948 — 331
Robinson, Boardman
1948 — 263, 270
Robinson, Dr. Claude
1949 — 661, 667
Robinson, Dr.
1955 — 101
Robinson, Earl
1947 — 96, 126, 131, 239
Robnett, George
1959 — 208
Robotnik, Polski
1949^355
Robson, Hall, U. C. L. A.
1948 — 280
Robson William N.
1947 — 141
1955—452
Robyn, Paul
1948—311, 314
Roche, Owen
1949 — 181
Rochester, Anna
1948 — 270
1949 — 191
1953 — 174
Rochet, Waldek
1957 — 96
Rock, Nathan
1951 — 278
Rockefeller, Mr.
1947—364
Rockwell, John L.
1948 — 4-6
''''-nCik'S^, III: I^oc,..eU Kent .. Dunes
270, 279, 317, 324, Rockwell Norman
428, 433, 448, 452, ^^^^ '^^^
1949
478, 542, 548. 689
1951 — 53, 55, 56, 57, 58,
59, 60, 268
1953 — 131, 253, 256
1955 — 440
1959 — 185
Robinson, Edward G.
1947 — 98, 2.'?5, 236, 239,
1948 — 114, 132, 171, 183,
198, 201, 211, 252,
254, 255, 263, 355.
1949 — 449, 455, 478, 689
1951 — 268, 286
Robinson, Mrs. Edward G.
1948 — 358
Robinson, Dr. E. I.
1949 — 482
Robinson, Ceroid T.
1948 — 170
Robinson, Gladys
1948 — 210
Robinson. Harry Edson
1947—124
Robinson, .Tack
1948 — 373
1955—387
1953 — 279
1955—112
Roden, John R.
1947 — 193, 237
1948—198
Rod.Ecers, David
19'43 — 177
Rodimstev, General
1949 — 555
Rodin. Dorothy
1943 — 135, 145, 147
Rodin, Dr. and Mrs.
Prank H.
1948 — 195
Rodney, Lester
1948—233
Rodriguez
1947 — 180, 181
Rodriguez, Carlos Rafael
1949 — 189
Roe, Howard
1947 — 75
Roe, Dr. N. P.
1948—211
Rogers, Henry C.
1948 — 210, 211
Rogers, Howard Emmett
1947 — 283
Rogers, Prof. Paul P.
1948 — 334
Rogers, Ralph
1948 — 185
Rogers, Sheila
1948—356
Rogers, Will, Jr.
1947 — 233
1948 — 388, 389
Rogers, Mrs. Will, Jr.
1943—217
1945 — 183
1948—375
Rogge, O. John
1948 — 60
1949_482, 483, 486, 490,
491, 500, 503, 506,
508, 509, 514, 518,
519, 520, 524, 526,
528, 689
1953—275
Rogin, Leo
1947 — 88, 94, 202
1948 — 195
1949 — 425
Rohl Connolly Co.
1945—6-9, 11, 18, 31
Rohl. Hans W.
1945_7, 12, 18, 19, 20. 22,
25, 28, 30, 31, 32
Rohl, Mrs. Flaye
1945—9, 10
Rohr, Nora Lee
1947 — 91, 94
Rohrer, Mrs. Myrtle
1947 — 242
1949 — 436
Role of the Actor
1948 — 311
Role of the Motion Pictxire
In Shaping the Future
1948 — 138
Rolfe, Edwin
1948 — 93. 129, 370
1949 — 553
Rolfe, Dr. Franklin P.
1947 — 107, 108
1951 — 56, 60, 62
Roll, Ernest
1953 — 79
Rolland, Remain
1948 — 119, 271, 278
INDEX
345
Rollins, Wm., Jr.
1945—121, 126, 271
194 8 — 274
1949 — 472
Romaine, Isaac (Alias V. J.
Jerome)
1948 — 97, 135, 148, 158,
166, 169, 176, 250,
371
1949—88, 416, 423
1953 — 173
Romaine, Paul
1945—121
1948-95. 97
Romanian Foreig'n Office
1949 — 53
Rome, Harold, Jr.
1945 — 127
1948 — 216, 324
1949 — 482, 484, 490, 499,
503, 504, 506, 508,
510, 512, 513, 515,
516, 519, 523, 527,
528, 530, 537, 544
Romilly, Esmond
1953 — 260
Romm
1953—235
Ronchi, Ottorino
1943 — 284, 316, 317
Rondstadt, Bob
1948-378
1949 — 557
Ronka, Wayne
1948-311, 312
Ronnell, Anne
1948—311
Rooks, Evelyn Rideout
1948—211
Rooks, Lvle
1948 — 211
Rooks, Shelby
1948 — 321
Roosevelt College
1957 — 7, 45, 58, 64, 65,
66, 97, 98, 99, 101
Roosevelt, Dorothy K.
1948—202
Roosevelt, Mrs. Eleanor
1948-180, 232
1949—69, 495, 640
1951—184
Roosevelt, Faye Emerson
1948 — 240
Roosevelt, Franklin, Jr.
1947—231
Roosevelt, President
Franklin D.
1943—119, 258
1947—20, 38, 191, 206,
207, 224, 226, 237,
240, 250, 302, 314,
362
1948 — 33, 64, 96, 132, 139,
148, 153, 160, 162,
164, ISO, 191, 200,
216, 238, 252, 257,
261, 262, 272, 275,
332 351
1949—15, 89, 91, 134, 147,
326, 440, 478, 517,
642
1951 — 47, 55, 184, 253,
282
1953 — 62, 63, 67, 69
1955 — 152, 158, 364
1959 — 46, 140, 174
Roosevelt High School
1951 — 27
Roosevelt Hospital, New
York City
1955 — 151
Roosevelt, James
1947—231, 232
1959—211
Roosevelt Junior High
School
1955—432
Roper, Elmo
1949 — 661
Rosales, Jack
1955 — 391
Rosales, Nacha
1955—391
Rosas, Paul
1949 — 181
Rose, Betsy
1948—211
Rose, Elaine
1948—184, 188
1949 — 561, 563
Rose, Fred
1949 — 496, 644
Rose, Norman
1948 — 211
Roseburg, Theodore
1949 — 483
Rosebury, Dr. Theodor
1949 — 482, 490, 500, 506,
508, 509, 514, 518,
526
Rosek, Mrs. Katherine
1948 — 18
Rosen, Ann
1951—286
Rosen, Anne
1955 — 392
Rosen, Anne C
1948 — 170
Rosen, Ed
1955 — 392
Rosen, Edward
1948—233
Rosen, Helen
1948 — 354
Rosen, Joseph
1948 — 323
Rosen, Samuel
1947—179
1948 — 171
Rosenberg, Allan
1959 — 173, 174
Rosenberg, Anna
1948 — 270
Rosenberg Case
1957—80
1959 — 175, 188, 196
Rosenberg, Ethel
1953 — 270, 278, 282
1955 — 68, 135, 184, 229,
380, 401
1957 — 62, 63
1959 — 129
Rosenberg Foundation
1953 — 207
Rosenberg, I.
1948 — 270
Rosenberg, Irene
1953 — 282
Rosenberg, J.
1955 — 389
Rosenberg, Jacob
1948 — 358
Rosenberg, Julius
1953 — 211, 270, 278, 282
1955 — 68, 135, 184, 229,
380, 401
1957—62, 63
1959 — 129, 175, 194
Rosenberg, Rose S.
1959 — 128
Rosenblum, Dr. Gordon
(Rosenbloom)
1955 — 79, 289, 308, 367
Rosenblum, Mrs. Gordon
1955--367
Rosenbluth, Ben
1947 — 91
Rosenburg, Louis
1955 — 306, 391
Rosenburg, Rose
1955—112, 306, 390, 391
Rosenfcld, Jonas, Jr.
1949 — 482, 500
Rosen f eld. Dr. Kurt
1948—323
Rosenfeld, Herbert
1947—185
Rosenfield, Maurice
1948—266
Rosenfield, Nancy
1948—184, 185
1949 — 561
Rosengarten, Phil
1949 — 268, 464
Rosenhouse, Betty
1943 — 166
Rosenhouse, Minna
1948 — 141
Rosenkranz, Louis J.
1947 — 71
1949 — 422
Rosenow, Mrs. Kurt
1947 — 185
Rosenthal, Judge Ben
1948—146, 147, 149, 221
1949—689
Rosenthal, Charles
1948 — 233, 359
Rosenthal, Doris
1948 — 114
Rosenthal, Herschel
1948 — 146
Rosenthal, Julius
1948—270
Rosenthal, Mildred
1947—89, 91
1949 — 425
1959 — 184
Rosenthal, Paul
1948—151
Rosenthal, Wm.
1945 — 139
1948—183, 185
Rosenwald, Francis
1948 — 210
Rosenwein, Samuel
1959 — 129
Ross, A. Wendell, Rev.
1955 — 383
Ross, Al
1948—343
Ross, Allan
1949—548
Ross, Barney
1947—96
1948 — 183
Ross, Carl
1948 — 181, 182, 185, 186
1949 — 560, 562
Ross, Carol
1948 — 186
1949 — 562
Ross, Edward Alsworth
1948 — 248
Ross, Gilbert
1948 — 311
Ross, Lawrence
1943 — 183, 187, 199
1947 — 78
1949—424
Ross, Lillian
1948 — 186
1949—562
Ross, M.
1959 — 97
Ross, Dr. Maxwell
1948—196
Ross, Nat
1948—212
Ross, Norma Jean
1947—90
Ross, Wm.
1948—163
346
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Rosselle, C.
194S — 26S
1949 — 464
Rossen, Robert
1945 — 116, 117, 130
1948 — 71, 1S5, 189, 252
258, 263, 276, 279
1951—53, 54, 56, 57, 58
1955 — 444, 446
Rossi, Angelo
1943—284, 287, 294, 298,
299, 302
Rossi, Ding
1948 — 184
1949 — 561
Ross-Loos Clinic
1955 — 218
Rossman, Hyman
1948 — 94
1949—554
Rosten, Norman
1947 — 106
1949 — 482, 490, 500, 503
506, 510, 515, 516,
519, 525, 534, 535,
537
Rotary Club
1959 — 45
Rotary International
1948—18
Roth, Andrew
1959 — 175
Roth, Estlier Klein
1948 — 317
Roth, George Knox
1943—322, 341-344
Roth, Henrv L.
1948—317
Roth, Ida
1951 — 259
Roth, Judge Lester W.
1948 — 132
Roth, Max
1955 — 390
Rothbard, Samuel L.
194S — 265
Rothbaum, Jacob
1948 — 196
Rothblatt, Aaron
1947 — 96
1948—146, 149, 183, 279
1949—689
Rothchild, John
194S — 170, 341
Rothman, Ben
1948 — 340
Rothman, Michel
1948 — 198
Rothstein, Ida
1947 — 77
1949—423
Rothstein, Mignon
1949—438
Rowell, Edward G
1953—251
Rowell, Mrs. Edward G
1953 — 251
Rowland, Edith
1948—259
Roy, Manabenda Nath
1953 — 225
Royal Canadian Commis-
sion
1947—214, 215
1951 — 212
Royal Technical University
of Stockholm
1951—164
Ro^ bal, Ed
1948 — 346
Royle. Selena
1948—356, 358, 374
Rozsa, Miklos
1948 — 317
Rubane, Bernice
1948—356
Rubens, William
1949—429, 430
Rubenstein, Dr. Annette
1949 — 469
Rubilao, General
1943 — 121
Rubin, Alex
1948—356
Rubin, Barnard
1948 — 226
Rubin, Charles
1955 — 388
Rubin, Henry
1948 — 94
1949 — 554
1953—249, 250
Rubin, J.
1948 — 115
Rubin, Jimmy
1955 — 388
Rubin, Raye
1947 — 96
1948 — 183
1955—388
Rubin, Stanley
1947—73
1948 — 210
Rubin, Irving
1948 — 210
Rubinstein, Annette T.
1948 — 141, 271
Rubinstein, Arthur
1948—255, 317
Rubinstein, Beryl
1948—311
Rubinstein, M.
1949—165
Rubir, Anna H.
1948—151
Rudnitsky, K.
1949—166
Rubsamen, Dr. Walter
1948 — 171, 311
Rudine, C. L. Roy
1948 — 18
Rudy, Sidney
1948 — 216
Ruf, Walter
1948 — 275
Rugetti, Stella
1955 — 106
Rugg Textbooks
1948 — 320
Ruiz, Virginia Xochitl
1955—383
Rujansky, I. D.
1949 — 497
Rukeyser, Muriel
1945 — 127
194S — 248
1949—482, 488, 490, 499
504, 510, 513, 527
530, 533, 537
Rumania
1943 — 221
Rumanian American
1949 — 467
Rumanian-American Fra-
ternal Society
1949—466
Rumford, William Byron
1957-114-116
Rundal, W. J.
1947 — 185
Runyan, H. Gatch
1948—18
Runve, W.
1949 — 602
Rush, Benjamin
1949 — 447
Rushmore, Howard
1951 — 98, lOO, 269
Ruskin, Shimen
1948 — 356
1955 — 387
Russ, Mrs. Ruth W.
1948 — 227
T. 1949 — 456
Russell, Bertrand
1951 — 47
Russell, Bob
1948 — 392
Russell, Rev. Clayton
1945—139, 142, 195
1947 — 47, 96, 183, 184
1948—183, 215, 252, 375
1949 — 689
Russell, Prof. Franklin
1948 — 144
Russell, Louis J.
1948 — 97, 116, 132, 152,
164, 189, 258, 274,
276, 361
Russell, Maude
1948 — 208
1949 — 491
1951—277, 278
1955 — 299, 300, 301, 326
328
Russell, Rose
1953 — 149
1955- — 392
Russel, Rose V.
1949—482, 483, 491, 500,
503, 505, 506, 509,
514, 517, 519, 527,
530, 531
Russia (USSR, Soviet
Union, etc.)
1951—7, 11, 12, 13, 15, 16,
17, 18, 19, 20, 38,
39, 40, 41, 42, 44,
45, 46, 47, 48, 49,
51, 65, 66, 76, 78,
80, 81, 84, 86, 87,
89, 90, 94, 98, 127,
128, 132, 133, 135,
138, 142, 143, 169,
170, 172, 177, ISO,
183, 186, 190, 191,
195, 197, 199, 203,
207, 208, 209, 212,
218, 228, 234, 235,
240, 241, 253, 257,
260, 205, 270, 271,
272, 274, 275, 281,
282, 284, 289
Russia Is Ko Riddle
19-19 — 539
Russia, Kerensky Govern-
ment
195] — 1G9
Russian-American Society
1953—272
Russian American Society,
, Inc.
1948 — 217
1949 — 534
Russian-American Indus-
trial Corp.
1948—65
1949 — 358
Russian-American Inter-
national Workers
Order
1955 — 390
Russian Bolshevik Party
1949 — 108
Russian Coyispiracy in the
United States
1959—176
Russian Consulate, San
Francisco
1951—79
Russian Culture Club
1955—389
Russian Famine Relief
Committee
1948—65
Russian Fighting Forces
1951—54
INDEX
347
Russian Federation of the
Socialist Party
1949 — 156
Russian In Phonograph
1948 — 393
Russian Institute of
Columbia University
1957—93
Russian Reconstruction
Farms
194S — 145, 169, 334, 336,
357
1949—276, 355, 412
Russian Revolution, The
1947 — 9
1949 — 191
1953—7, 29
Russian Revolution of 1917
1953—26, 30, 32, 3S, 59,
60, 74, 224, 238,
240
Russian Secret Police —
See Soviet Secret Police
Russian Socialist Party
1949 — 205, 210
Russian Travel Department
1949 — 530
Russian "War Relief
1948 — 147, 168, 216, 319,
326, 335, 357, 358
1949 — 412, 533, 539
Russian Zone of Germany,
The
1951 — 153
Russians, The
1949 — 539
Russia's Eurove
1949 — 654
Russia's Neic Primer
1949 — 539
Russia's Story
1949 — 539
Russky Golos
1949 — 181, 467
Russo-German Pact
1949 — 420
Russo, Tony
1948 — 343
Rust, Dr.
1943 — 220
Rust, William
1949—173, 181
1953 — 241
Rutgers, S. K.
1949 — 176
Rutgers University
1948 — 239
Ruth -Ann Bureau
1943 — 356, 357
Ruthenberg
1949—255
Ruthenberg, Charles E.
1943—36
1948—232, 233, 238, 246,
1949—158, 177, 180, 196,
408
Ruthven, Madelene
1948 — ^278, 310
Rutledge, Winthrop
1948—341
Rutter, Jr., R. L.
1949 — 601
Ryan, Al
1943—140
Ryan, Lester M.
1947 — 242
1949 — 43G
Ryan, Maurine
1943 — 140
Ryan, Peggy
1948 — 183
Ryan, Robert
1948 — 211
Ryan, Ruth S.
1945 — 137
1947 — 67
1949 — 419
Ryan, W. Caison
1948 — 325
1949-539
Ryan, Wm.
1947—83
Ryden, Jean
1953—249
Ryerson, Stanley
1949—181
Rykoff, Richard
1951 — 267
Rykoff, Richard L.
1955—260, 261, 262, 263,
264
1959—129
Rykov
1949—162
Ryland, Rev. E. P.
194S — 109, 110, 152, 179,
233, 249, 271, 35S,
359
1949 — 469, 689
Ryland, Mrs. E. P.
1948 — 277, 278
Rynin, David
1959—82
Ryskind, Mrs. Morrie
1959—212
S. C. M. W. A.— see State,
County and Municipal
Workers of America
S. R. A. — see State Relief
Administration
Sabath, Adolph J.
1948 — 114, 318
Sabath Bill
1959 — 103
Sabsay, Lillya
1947—73
Sacco-Vanzetti
1949—174
Sacher, Harry
1947 — 267
1948—270, 378
1951 — 263
Sacher v. United States
1959—193
Sachkheim, Jean
1948 — 161
Sachs, Nathan D.
1949 — 486
Sacker, Harvey
1948 — 259
Sacks, Herb
1953 — 259
Sacramento Bee. The
1947 — 341, 342
1948 — 14
1949 — 9
Sacramento Union
1947 — 356
1948 — 14
1949—9
Saderquist
1949 — 246
Sadhi, Hermander Singh
1953 — 223
Safford, Capt. Laurence
1959—201
Sage, Francis
1948 — 356
Sahli, William H.
1943 — 275, 280, 281
Saidenberg, Theodore
1947^179
Sailors, Cooks and Firemen
1947—161
Sailors Union of the Pacific
1948 — 285, 296, 304
Sakamaki, Dr. Shunzo
1945 — 49
Sakovitz, Wimpy
1943—177, 180-183
Saksa</a)isky v. Weedin
1949 — 246
Salazar, Antonio Dc
Oliveira
1947—6
1951—47
Sale, Mrs. Lemp I.
1948—259
Sale, Richard
1948—211
Salem Mfg. Co. v. First
American Fire Ins. Co.
1949—256
Salemson, Harold J.
1943—149, 152, 154
1948 — 343
1949 — 689
Salese, Anthony
1948—339
Salisbury, Dr. Harry R.
1948—18
Sails, Ruth
1948 — 18
Salt, Waldo
1948—104, 258
1949 — 689
1955 — 294, 387
Saltman, Rubin
1949 — 464, 545
Saltzman, R.
1948 — 268
1949 — 464
Salute
1948—225
1949 — 401, 514, 543, 547
Salute to Young America
1948 — 137, 147, 149
Salvation Army
1953 — 262
Salve, Jeanette
1948—184, 185
1949 — 561
Salvin, Dr. Monte
1948 — 279
Salvin, Mrs. Monte
1948 — 146
Salzman, Reuben
1948—167, 268
1949 — 464
Samorodin, Nina
1948 — 114
Sampson, J. Phillip, M.D.
1955—75, 76, 77, 78, 81,
S3. 145, 146, 211,
223
Samrock, Victor
1949 — 482, 500
Samuel Adams School
1949 — 355
Samuels, Helen
1951—25
Samundar Singh
1953 — 221
Sanchez, Manuel
1949 — 429, 431
San Clements, Alvarn
1949 — 181
Sandburg, Carl
1945 — 116
1948 — 162. 317
Sandburg, Mrs. Carl
1948 — 278
San Diego Civil Liberties
Committee
1949 — 576
San Diego Labor Union
Weekly
1948 — 133
San Diego State College
1955 — 327
Sandler, Ed
1955 — 389
348
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Sandler, Sophie
1955 — 389
Sanford, John
1955—442
San Francisco Board of
Education
1947 — 88, 94
1949 — 425
San Francisco Board of
Supervisors
1947 — 153
Sail Francisco Call-Bulletin
1947^233
194S — 14, 299
1949 — 9
1959 — 39
San Francisco Central
Labor Council
1959 — 17
San Francisco Chronicle
1945 — 52, 53
1947 — 303
1948 — 10, 11, 390
1949 — 9
1951 — 239
1959 — 176
San Francisco Communist
Party
1947—88, 100, 153, 154
1949 425
1951-24, 28, 169, 172
San Francisco Communist
Party, County Organ-
izer
1951 — 236
San Francisco Communist
Party, Educational
Director
1951—264
San Francisco Communist
Party Workers" School
1951 — 63, 258
San Francisco CIO Council
1947 — 92, 210
San F7-avcisfo Examiner
1947 — 5, 266
1948 — 10, 14
1949 — 9
San Francisco Junior
College
1947—88, 93
1949 — 425
San Francisco News
1949 — 9
1951 — 241
San Francisco State College
1947 — 88, 94
1949 — 425
1953 — 194
San Francisco Workers
School
1948 — 10, 11
1949 — 362, 376, 423, 424
San Juan, Dr. Pedro
1949 — 4S2
San Jule, James
1948 — 185, 218
San Pedro Committee
1948 — 172
Sandoz, Mari
1948—199
Sandv, Georg'e
1947 — 35, 36. 65, 226
1949 — 418, 545
Sandy, Julia
1947 — 65, 66
1949 — 418, 419
Sanford, John
1947 — 72, 73, 106
1948 — 374
1949 — 564
Sans, Seki
1948 — 278
Santa Ana Register
1955—24, 35, 38, 47
Santa Barbara State
College
1953—100
Santa Clara County Water
and Power Users Assn.
1949 — 437
Santa Clara University
1953—133
Santa Fe Coastline Hospital
1955 — 99
Santa Monica Club
1948 — 214
Santa Monica Hospital
1955—99
Saphirstein, Charles
1943 — 160
Sapiro, Esther
1943—163
Sapiro, Irma
1953 — 92, 106
Sapper, Mr. and Mrs.
Harry J.
1948 — 195
Sarasohn, Peggy
1947—89
1949 — 425
Sarber, J. D.
1948 — 195
Sare, Alfred
1948 — 278
Sargent, Aaron
1953—248, 273
Sargent, John
1943 — 141, 142
1945 — 6
1949 — 691
Saroyan, William
1948 — 331
Sarte, Jean-Paul
1949—552
Sarvis, David
1949 — 429, 431
Sarvis, Dr. Mary A.
1959 — 185
Sasulv, Richard
1953 — 87, 88
Sather Gate
1959 — 130
Sato, Carl Kazufumai
1943 — 329, 332
Sato, Bob
1943—337
Satxirday Evening Post
1945 — 152
1947 — 204, 214, 222
1949 — 692
1951-47. 260
1955 — 112, 393
1957 — 126
19.59 — 46. 196
Saturdai/ Review of
Literature
1951 — 270
Saulter, Leon
1947 — 73
Saunders, Henry
1953 — 279
Savage, Arthur A.
1955 — 410
Savage, Congressman
194^ — 318
Savage, Harlan
1949 — 437
Savelle, Dr. IMaxwell
194S — 185, 216, 329, 352
Savory, Gearald
1948^240
Sawallisch. .\ssemblyman
Harold F.
1947 — 4, 123, 124, 279,
372
1951 — 1
Saw\-elle, Dorothy
1943 — 137
Sawyer, Harold
1959 — 124, 130
Sawyer, Harold M.
1948 — 215, 272, 332, 359
1949 — 542, 689
1951—260, 264
Sawyer, Nell
194S — 215
Sawyer, Mr.
1947 — 149
Sawj^er, Tom
1949 — 601, 606
Saxe, Alfred
1948 — 278
Saxton, Alexander
1947 — 106
1949 — 429, 431, 482, 49(1,
500, 504, 516, 519,
535, 536
Sazer, Esther
1955 — 391
Sazer, Henry
1948 — 221
1949—689
Sas7ianie
1948—225
1949 — 401, 549
Scales, Ted
1947—352
Scandrett, Richard B., Jr.
1948 — 170, 248
SCAP
1959 — 175
Scarbrough, Mrs. Hartwell
E.
1948 — 198, 200
Scavenger's Association
1943 — 286, 287, 296
Schachner, Eugene
1943 — 156, 169
Schachnow, Joseph
1955 — 388
Schachtman, Max
1943 — 36
1948—107
1957 — 73, 74, 75, 99
Schact, Mr.
1947 — 292
Schaefer, George
1943 153
Schallert, William J.
1948 — 356
Schappes Defense
Committee
194S — 34, 55, 118, 336,
352, 363, 381
1949 — 355, 525
1953 — 278
Scha2}i>es Defense Letter
1953 — 173, 175
Schappes, Dr. Morris U.
1948 — 97, 118, 130, 178,
270, 343, 352, 363
1949 — 278, 322, 328, 355,
404, 451, 452, 453,
454, 525, 546
1951 — 58
1953 — 139, 174, 277, 278,
280
Scharlan, Elf
1943 — 133
Scharv, Dore
1945 — 116
194S— 1S3, 254, 255, 260,
261, 360, 361
Schatz, Phillip
1948 — 186
1949 — 562
Schauer, Justice
1955 — 51
Schaupp, Ed
1957 — 103
Schechter, Amy
1943—87
1959 — 209
Schecter, P.
1955—391
INDEX
349
208, 211,
500, 502,
510, 522,
Schendel, Herman
1948—194, 195
Schcnk V. United States
1949 — 5C8
Scherer, Lena, see also
Chernonko, Lena and
Davis, Lena
1951—199, 200, 205
Scherer, Marcel
1947 — 200-204,
212, 216
1948 — 235, 23G
1949 — 180
1951—51, 56, 57, 76, 77,
93, 180, 199, 200,
201, 204, 205, 208,
228, 231, 232, 234
1953—172, 175, 241
1955 — 48, 398
Scherer, Sarah
1951 — 199
Schermerhorn, Charles
1948 — 376
Scherr, Sue
1948 — 184
1949—561
Schevill, Prof. Rudolph
1948 — 271
1949 — 469
Schick, Dr. Bela
1948—114
1949 — 482, 490,
506, 509,
532
Schieffelin, William J.
1948 — 145, 186, 208
1949 — 275, 449, 548, 562
Schieffelin, Mrs. W. Jay
1948 — 227
1949-457
Schiemmel, Herbert
1959—173
Schiff, Eileen
1948—356
Schiff, Philip
1948 — ISl
Schiller, Irving
1959 — 174, 175
Schiller, Irving- T.
1959 — 176
Schilling, Miss Else
1948—145
Schimberg, Arnold
1949—343
Schimmel, Herbert
1959—175, 176
Schindler, Pauline
1953—79, 119
1955 — 184, 326
Schindler, Pauline G.
1948 — 329, 352
Schlaifer, lone
1948—215
Schlauch, Margaret
1948 — 141, 227, 270, 327
329, 334, 352, 392
1949—457, 482, 487, 488
490, 498, 502, 503
504, 506, 507, 509
510, 512, 514, 516
519, 522, 524, 525
527, 528, 530, 531
532, 534, 536, 537
549
Schlauell, Prof. Henry
1947—267
Schlecker, Jimmie
1948 — 186
1949 — 562
Schlesinger, Arthur M.
1948—179
1949 — 449
Schlessberg, H.
1948—259
Schlichter, Karl
1943—154
Schliff, Paul
1947 — 242
1949 — 436
Schlipf, Paul
194S— 220, 249
1949 — 429, 430, 437
1951—194, 196, 255
Schmidt, Dr. David G.
1943 — 177, 195
Schmidt, Harold E.
1955 — 390
Schmidt, Henry
1948 — 107, 163, 200, 249,
285, 351
Schmidt, Judy
1945 — 143
1947 — 65, 71, 73
1949 — 418, 422
Schmidt, Randal
(Alias Pete Smith)
1948 — 294, 295, 296, 297,
339
Schmorlitz, Robert
1955 — 112
Schnabel, Artur
1948 — 263
1949 — 482, 484, 490, 494,
500, 509, 518, 519
Schnaittacher, Sylvain
1947 — 90, 91, 104, 306
1953—257
Schnapper, Morrie
1948 — 196
Schnee, Thelma
1948—329. 352
Schneider, Aaron D.
1948 — 339
Schneider, Anita
1959—129
Schneider, Beno
1948 — 278
Schneider, Etta
1948 — 193
Schneider, Isidor
1943—121, 126
1947 — 68, 106
1948 — 194, 270, 274, 340
1949 — 179, 420, 471, 545
Schneider, Ray J.
1947 — 62
Schneider, Rea M.
1948 — 177
1951—286
Schneider, Theodore
1948 — 94
1949 — 554
Schneiderman, Anna Center
1948 — 228, 230
1949—458, 459
Schneiderman-Darcy
Defense Committee
1947 — 170, 256
1948-5, 6, 7, 34, 253, 336,
358, 359
1949—355, 521
, Schneiderman Case
1949—186, 187, 245, 632,
633
. Schneiderman, Dorothy
1949—422
' Schneiderman, Rose
1948—114, 181, 227, 327,
351
1953—131, 174
Schneiderman v. United
States
1949—186, 187, 246, 568
Schneiderman, William
1943 — 22, 25, 26, 37, 72,
96, 97, 114, 117
1945—93-97, 100-102
1947 — 21, 22, 28, 78, 159,
164, 189, 221, 227,
297
1948—10. 12, 29, 120, 122.
155, 213. 219. 290.
306, 332, 358, 359
1949 — 293, 303, 320, 355,
356, 398, 424, 451,
521, 541, 689, 692
1951—37, 172, 187, 189.
190. 209, 210, 228,
239
1953 — 279, 282
1955—44, 176, 314. 315,
438
Schneiderman, Mrs.
William
1955 — 315
Schneidermann. William
1959—25, 119
Schneirla, T. C.
1949 — 449
Schnell, Frederick A.
1948 — 18
Schnur, Paul
1947—78, 79, 90, 163, 242
1949—424, 436
Schnurr, Paul F.
1948—185, 217
Schoalman, Donald
1949 — 545
Schock, Margaret
1948 — 329
Schoen, Ella G.
1955 — 388
Schoen, Dr. Max
1951—567
1955—235, 267, 275, 278,
289, 293, 304, 305,
306, 307. 308, 309,
310, 312, 313, 317,
318, 319, 320, 322,
324, 325, 358, 359,
360, 362, 370
Schoen, Mrs. Max
1955 — 360
Schoenfeld, Bernard C.
1948 — 372
1949—689
Schoenfield, Louis
1955 — 290
Schonfield, Di'. Louis
1951 — 267
Schoenrich, Otto
1948—247
Schofield
1948 — 268, 269
Schofield, Allison E.
1948—18
Schofield, Lemuel B.
1945 — 30
Scholtz, Dr. Henry
1943 — 137, 138
School District Employees
1959—49
School for Civil Rights
Workshop
1955 — 342
School for Democracy
1948 — 168, 269
1949 — 323, 356, 452, 453,
455, 514
1955 — 88
School for Political Action
Technique
1949 — 543
School for Writers
1947 — 67
1948—101
1949—419
School Improvement
Association, The
1955—2, 6, 15, 16, 20, 22,
23, 27, 28, 29, 30,
31 34, 36, 38, 39.
40, 46, 47
350
UN-AMERICAN ACTIVITIES IN CALIFORNIA
School of Jewish Studies
1949 — 356
1951 — 2S7
1953 — 247
Schrank, Norman
1959 — 43
Schreiber, Dr.
1955 — 108
Schreiber, Charles
1947—155
Schreiber, Georges
1948 — 271
1949 — 419
Schreiber, Dr. Julius
1949 — 482, 483
Schreiber, Lt. Col. Julius
1959 — 176
Schreiter, Oscar
1943 — 200
Schrogin, Joe
1955 — 389
Schuchett, Natalie
1948—356
Schuler, Robert M.
1943—356, 373, 374
Schulberg, Budd
1949 — 480, 482, 500. 502,
504, 510, 512, 516,
537
1951—271
Schultz, Clvde L.
1945 — 191-192
Schultz, Phillip
1945 — 175
Schulz, Rabbi
1949 — 647
Schulzstad, Marshal D.
1955—32, 40
Schumacker, Dr.
1943—230
Schuman, Dr. Frederick L.
1947 — 114
1948—151, 198, 227
1949 — 482, 483, 488, 4S9,
490, 491, 502, 50?.,
505, 506, 509, 512,
516, 517, 519, 522,
523, 526, 530, 531,
532, 534
1951 — 271
1953 — 176
1955 — 392
1959 — 85
Schuman, Mrs. Frederick
L.
1949 — 457
Schuman, William
194S — 331
Schumann, Alfred
1955 — 390
Schumann, Pearl
1955 — 306
Schuster, George N.
1948 — 181
Schuster, M. Lincoln
1948 — 263
Schutz Staffel (S.S.)
1943 — 220
Schutzbund
1951 — 17
Schutzer, Arthur
1951 — 278
Schuyten, Mrs. Inez
1948 — 271
1949—469
Schuyten, Inez G.
1955 — 432
Schuyten, John
1955 — 432. 433
Schwab, Irving
1948 — 329
Schwab, Oliver
1947—239
1948 — 252
Schivare v. Board of
Examiners of Neio
Mexico
1959 — 192
Schwartz, Arthur
1945 — 116
1948 — 252, 255
1955 — 458
Schwartz, Charles
1955 — 392
Schwartz, John
1949 — 172
Schwartz, Joseph J.
1948 — 375
Schwartz, Dr. Lawrence W.
1949 — 482
Schwartz, Louis
1948 — 13, 177, 340
1951 — 265
Schwartz, Zachary
1945 — 116
Schwatzberger, Deputy
Coroner
1957 — 45
Schweinsent, Robert
1948 — 94
1949 — 554
Schwinn, Hermann Max
1943—225, 229, 230
Scibiorek, Boleslaw
1949 — 120, 122
Science and Education
Division Forum
1955 — 294
Science and Society
1947 — 210
1948 — 225
1949 — 401, 454, 536, 549
1951 — 153
1955 — 88
1959 — 146
Science in the Development
of Capitalism
1951 — 153
Scientific and Cultural Con-
ference for World
Peace
1949 — 478, 479, 487, 488,
493, 497, 498, 516
1951 — 234, 271, 276
1953 — 247
Scientific Institute in
Leningrad
1951—235, 240
Scientists' Committee
1948—112
Scigliano, Robert G.
1951 — 102, 104, 114, 115,
116, 117, 118, 119,
120, 121, 134, 162
Scoop
1948 — 225
1949—401
Sco2)e of Com-)n%inist Ac-
tivity in the United
States
1959 — 103
Scotford, Rev. John R.
1949—482
Scott, Adrian
1947 — 239
1948 — 239, 241, 258, 355,
374
1949—478
1951—53, 59, 248. 268
1955 — 112, 314, 315, 387
Scott, Allan
1947 — 179
1948 — 211, 252
Scott, Arnold
1948 — 15
Scott, Ashmead
1948 — 252
Scott, Carl W.
1948—226
Scott, Dorothy
1948 — 356
Scott. Judge Edniond
1951 — 160
Scott, Evelyn
1948 — 356
Scott, Hazel
1948 — 317
Scott, J. B.
1949—601
Scott, Mel
1943 — 155
Scott, Michael
1948 — 339
1949 — 544
Scott, Thomas B.
1955 — 448
Scott, Thomas Blain
1955 — 448
Scottsboro Case
1957—62
Scottsboro Defense
Committee
1948—34, 61
1949 — 322, 356
Screen Actors Guild
1947 — 175. 177
1948 — 312, 315
1949 — 476
1951 — 83
1959 — 20, 110
Screen Analysts Guild
1948 — 102
Screen Cartoonists Guild
1945 — 117
1947 — 67, 188
1948—104
Screen Cartoonists Local
852, A. F. of L.
1949 — 419
Screen Directors Guild
1959—20
Screen Extras Guild
1947 — 177
Screen Publicists Guild
1945 — 117
1951 — 51
Screen Readers Guild
1947 — 117
1948 — 253
Screen Writer
1948 — 137, 138, 275, 372,
374
1949 — 635
1955 — 441, 456. 458, 459
Screen Writers Guild
1945 — 117
1947 — 281, 283, 286, 287,
288
1948 — 52, 104, 128. 130,
131, 137, 138, 189,
190, 253, 2.57, 275,
359, 360, 361, 362,
372
1949 — 635
1051 — 51
1955—435, 436, 441, 444,
445, 455, 456, 458,
459, 461, 462
1959 — 20, 110
Scriabin
1953—28
Scriben, F.
1948—273
Scripns Institution of
Oceanography
1953—100, 133
Scudder, Dean Vido O.
1948 — 271
1949 — 457, 469
Scudder, Vida D.
1945 — 127
Scudder, Viola D.
1948 — 227
INDEX
351
Scully, Frank
1947—96
1948 — 183, 202, 244, 249,
250, 256, 374, 383,
384
1949 — 147, 478, 689
Scully, Mrs. Frank
1948 — 277, 278
Scurocov
1948—261
SDE
1947—204
Sea Transport Station,
Atlantic Division
1959—103
Seabrook, William
1948—199
Sealy Mattress Company
1948—219
Seaman, Mrs. Floyd J.
1948 — 278
Seaman, Rev. Floyd J.
1948—152
Seaman, V. Ungar
1949—246
Searl, Herbert H.
1948-94
1949—554
Searle, Elizabeth
1949—546
Sears, Rev. Hayden B.
1948—233
Sears, Jane
1948 — 215
Seaside Memorial Hospital
1955 — 99
Seaton, George
1948—211, 372, 374
Seattle Labor School, The
1948-54
1949 — 349, 356
Seaver, Edwin
1945 — 121, 123, 126, 127
194S — 97, 189, 194, 261,
270, 273, 329
1949—179, 471, 482, 490,
499, 501, 504, 506,
508, 510, 512, 516,
517, 520, 521, 527,
530, 534, 535, 536,
537
Sechooler, S.
1955—388
Second American Youth
Congress
1948 — 181
Second Annual California
Model Legislature
1949—356
Second Annual World
Congress for Peace
1953—274
Second Baptist Church
(Los Angeles)
1948—203
Second Decade of Progress
1947—191
Second International
1945 — 83
1949—203
Second Legislative
Conference
1947 — 234, 240, 242
1949—435
Second Northwest Congress
Against War and Fas-
cism
1949—453
Second State-Wide Emer-
gency Legislative Con-
ference
1948 — 374
1949—357
Secours Rouge
International
1948 — 265
1949 — 439
Secretary of State
1947 — 1
Secret of Soviet
Strength, The
1949 — 539
1951—153
Securities Exchange Com-
mission
1959—173
Seeds, Corinne A.
1948 — 170, 171
Seeds of Treason
1959 — 157
Seeger, Charles
194S — 317
Seeger, Peter
1948 — 356, 392
1949 — 543, 548
Seeley, Edward A.
1948-18
Seeliger, Lloyd
1948—62
1949 — 470
1955—390
Seely, Charles S.
1948—94, 141, 186
1949 — 562
Segal, Dr. Julia
1951 — 267
Segerist, Henry E.
1949 — 540
Seghers, Anna
1947 — 106
Segio, Lisa
1949 — 457
Segure, Rose
1943 — 160, 163
1947 — 89, 208, 209, 212.
216, 218
1948—8, 173, 234-236
1949 — 146, 425, 689
1951 — 204
1953 — U8, 256, 257
Segre, Alfredo
1943 — 284, 288
Seiger, Irving
1947 — 303
Seigel, Ruth
1948 — 227
Seldes, George
1943 — 247
1948 — 96, 97, 113, 114,
129, 141, 148, 163,
189, 211, 234, 244,
249, 265, 327, 328,
350, 351, 353, 370,
377, 391, 392
1949—389, 547, 689
1951 — 56, 58, 60, 92, 93,
261
1953 — 131, 139, 171, 172,
174, 176, 177, 280,
281
1955 — 13, 45, 46
Seldes, Gilbert
1948—373
Seldes, Mrs. Gilbert
1948—227
1949—457
Seldes, Helen
1948—277
Selden, Betty S.
1949—596
Selected Correspondence of
Karl Marx and Fried-
rick Engels
1957—64
Selected Works of Karl
Marx
1949 — 190, 191
Selected Writings
1949 — 192
1951 — 153
Selective Service
1959 — 139
Sell r ltd, Dr. Leo
1943 — 158, 159, 164
1948—315
1951 — S3
Si'lfridge, Mr. and Mrs.
Russell
1948-145
Scligman, M.
1955 — 391
Seligson, Lou
1943—154
Sellers, J. Clark
1947—12, 171
Selling, Nettie
1948 — 186
1949 — 562
Selly, Josepli
1945—147
1947 — 210
194S — 202, 323, 324
1949—448, 449, 453, 538
1951—281
Selly, Joseph P.
1953 — 63, 131
Selsam, Dr. Howard
1947 — 267
1948 — 179, 270, 329, 340,
359
1949—202, 305, 482, 499,
501, 502, 504. 509,
514, 516, 518; 519,
522, 524, 527, 528,
529, 535, 536, 537,
689
1951—93. 271, 272
1953—139
Selvin, Min
1947 — 303
Seltzer, Sherwin
1948 — 356
Semanario, Clara
1943—306
Senate Committee on
Education
1957 — 152, 153
Senate Concurrent Resolu-
tion No. 8
1943—6, 392, 394
Senate Judiciary Subcom-
mittee on Internal
Security
1959 — 51, 55, 56, 87, 89,
109, 193
Senior and Junior Holly-
wood Woman's Council
1951 — 267
Senk, Doris
1948—339
1949—563
Sennett, William
1949 — 546
Sentman, Mr.
1947—203
Sequoia School
1955 — 188
Sera, Alice
1951—228
Serbian- American
Federation
1949—466
Serbian National
Federation
1949—414
Serbian Vidovdan Council
1949—357
Serbian, Iwo
1948 — 269
Sergio, Lisa
194S— 114, 132, 202, 227,
228
1949—482
352
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Serlin, Oscar
1948 — 240
Servian Vidov-Daii Council
1949 — 414
Service, Ann
1947 — 89
1949 — 425
Service, John Stewart
1959 — 191
Service v. Dulles
1959 — 191
Servin, Dr. Camilo
1948 — 375
Sessions, Roger
1948 — 331
Setaro, Henrietta
1943 — 284, 310
Seven Soviet Plans
1949 — 539
Seventh Congress of the
Communist Interna-
tional
1943 — 42
1948 — 99, 124, 157, 191
1949 — 87, 420
1951—11
Seventh World Congress of
the Comintern
1953 — 53, 59
Severins, Jeanne
1948—15
Severn, Donald
1949 — 437
Sewall, Sumner
1948—324
Sex Guidance and Family
Life
1947—341
Sexton, Brendan
1948 — 383
Sexton, Duke
1947 — 151, 163
Sexton, Elaine
1947—151, 152, 163
Seyferth, Harold
1949^437
Seymour, Whitney North
1948—109, 170, 357
Shabot, Doris
1947—72
Shaehtman
1957 — 62, 67, 84
Shackelford Dr. Earl
1948 — 18
Shafer, J.
1945 — 119
Shaffer, Gordon
1951 — 153
Shaffer, Nathan
1948 — 268
1949 — 464
Shafran, Eva
1945 — 137, 138
1947 — 64-67, 70
1948 — 120, 121, 153, 369
1949—417-419, 421
Shaftel, George
1943 — 166
Shahn, Ben
1949—482, 490, 500, 511,
514, 517, 519, 530,
536, 537
Shahn, Tillie G.
1947—321
Shain, Barney
1948 — 18
Shandler, Esther
1955 — 325, 390
1959 — 127, 128
Shane, Maxwell
1948 — 256
1955 — 460, 461
Shanghai Visit to Russia
Embassy
1943 — 120
Shangold, Ben
1948—377
Shanks, Al
1943—160, 163
Shandler, Esther
1951 — 108, 110, 111
Shannon, Samuel
1948—18
Shantz, Harold
1949—125
Shansky, Michael
1948—94
1949 — 554
Shapiro, Aaron
1945 — 148
Shapiro, Anna
1951—266
Shapiro, Chaim
1947 — 96
1948 — 183, 358, 359
Shapiro, Eudice
1948 — 317
Shapiro, Jack
1947 — 239
Shapiro, Nathan
1948 — 355
1951 — 266
Shapiro, Robert
1948 — 211
Shapiro, Victor
1955 — 387
Shapiro, Victor A.
1948 — 63, 221, 222
1949 — 689
1951—281
Shapley, Dr. Harlow
1948 — 59, 241, 262,
327, 354
1949 — 469, ""
483,
271,
476, 477, 482,
484, 485, 490,
494, 495, 499, 502,
505, 509, 510, 514,
517, 518, 520, 523,
530, 532. 629, 689
1951—59, 92, 93, 270, 271,
272, 281
1953—177
Shapley, Dr. Howard
1947 — 235
Shapovalov, Dr. Michael
1947 — 89, 91
1948 — 171, 323
1949 — 425, 429, 431
Sharer, Wesley E.
1949 — 455, 482, 500
Sharkev
1949 — 498
Sharman, H.
1953—215
Sharp, Bav Burns
1943—356, 369, 370, 382
Sharpe, Virginia
1948 — 356
Shattuck, Edward
1949 — 612
Shaw, Artie
1947 — 96
1948 — 163, 202, 254, 255,
279, 317
1949 — 4S2, 484, 488, 490,
491, 500, 505, 506,
512, 513, 689
Shaw. Frank L.
1943—160
Shaw, George Bernard
1953—204, 231
Shaw, Irwin
1942 — 138
1945—127
1948 — 96, 211, 213, 240,
249
1949 — 689
Shaw, Robert
1947 — 179, 185, 192
1948—372
Shaw, Ruth
1949 — 192
Shay, Frank M.
1948 — 18
Shayne, Robert
194S — 356
Shearer, Douglas
1948 — 252, 255
Shearer, Marcel (Scherer)
1953—208
Sheean, Vincent
1945 127
1948 — 201, 244, 327
Shell, Archbishop
1947—282, 285
Sheiner, Leo
1959—202
Sheklow, Seymour
1955 — 391
Sheldon, Mrs. Edwin R.
1948—145
Sheldon, James
1949 — 486
Shell Development Com-
pany
1947 — 205, 210
1951—51, 76, 180, 196,
197, 198, 200, 202,
208, 235
Shell Local, FAECT
1953—259
Shelley, John P.
1947 — 79, 80, 90, 93
Shelley v. Kraemer
1955 — 60
Shelton, Henry Wood
1949 — 482, 534
Shelton, John
1948 — 211
Shelton, Marti
1948 — 211
Shen Yen-ping
1957 — 135
Shenk, Justice
1955 — 51
Shepard, Prof. John F.
1949 — 455
Shepardson, Mary
1947 — 94
Shepherd, Arthur
1948 — 331
Shepherd, Yvonne
1948—343
Shepilov
1959 — 45
Shepley, Henry B.
1948—331
Shepro, Harry
1955—426, 427
Sher Singh
1953—218, 219
Sherman, Abe
1948 — 340
Sherman, Gilbert
1948 — 378
1949—557
Sherman, Harry
1948 — 244
Sherman, John A.
1943 — 152, 153, 275
Sherman, Leonard
1948 — 340
Sherman, Lilv Margaret
1947 — 110, 111
Sherman, Lou
1955 — 390
Sherman, Miriam Brooks
1948 — 323
1949—538
1951—75, 81, 82, 83, 84,
175, 284
Sherman, Natalie
1948 — 228
1949—458
Sherman, Dr. Max
1951—267
INDEX
353
Sherman, Vincent
Shore, Viola Brothers
1945—139
1943—148
1947—73
1945—127
1948—241, 252,
255,
276,
1947—71
374
1948—151, 152, 215,
250,
Sherover, Miles M
256, 277, 278,
329,
1948—323
352
Sherrill, Frances
1949—422
1943—256, 275
Shore, Wilma
Sherrill, Rt. Rev. Henry K.
1947—70, 72, 73
1948-323
1948—357, 374
Sherwood, Leonore Mary
1949 — 421
1953—282
1955—443
Sherwood, Mary
Short History of Russia
1948—184, 215
1949—539
1949—561
Shorton, Charles
Sherwood, Robert
1948 — 378
1948—331
1949 — 557
Shibley, Cxeorge
Shostakovich, Dmitri
1945—175
1949 — 11, 276, 293,
497
1948—355, 357
Shott, Mrs. Herman
Shields, Art
1948 — 277
1948—233, 343
Shotwell, Henry T.
Shiffman, Eda J.
1949-483
19 55— 389
Shou-Yi, Dr. Ch'En
Shikes, Ralph
1948 — 185
1948-354
Sho^v Up
Shinberg, Arnold
1949—654
1948 — 280, 281,
340
Shub, Boris
Shinodo, Joseph
1957 — 62
1943—322, 341
Shulberg-, Budd W.
Shinto, Priests
1948 — 377
1943 — 329
Shulman, Mordecai
Shintoism
1948—273
1943—323, 326
Shulman, Rube
1945—48
1948—344
Shinykai
Shulman, Sasha
1943—323
1955—389
Shipka, Peter
Shuman, Frederick L..
1948—114, 141,
268,
350
1949—499, 518
1949—464, 545
Shumlin, Herman
Shipler, Rev. Guy
Emery
1948—113, 114, 141,
151,
1948 — 114, 151
232, 233, 240,
244,
1949—482, 483,
488,
489,
248, 249, 255,
262,
499, 501,
502,
503,
323, 324, 328,
350,
505, 506,
507,
510,
352-354, 358,
377,
514, 515,
518,
522,
391, 392
530, 531,
689
1949—482, 484, 488,
490,
Shipstcad, Henrik
498, 501, 502,
503,
1948—247
504, 505, 508,
509,
Shipwrights, Joiners,
Boat
510, 512, 514,
515,
Builders, Mill
men
and
518, 521, 528,
530,
Loftsmen, Local 1149
531, 533, 538,
689
1947—90
1951—57, 58, 59, 60
, 92,
Shire, Barbara
93, 268, 271, !
287
1955—391
1953—131, 171, 172,
176
Shire, Marion
Sibbett, Betty
1943—153
1947—90
Shirek, Brownlee
Sibert, Arlene
1951—234
1948—382
Shirek, Carl
Sicular, Barbara
1953—256, 257
1953—249, 252, 2S0,
282
Shirer, William L.
Sidery, Lillian
1948—241
1943—148
Shishkin, Boris
Sidney Roger Radio Fund
1949—670, 671
1948 — 215
Shobin, Edward Joseph
Sidney, Sylvia
1947 — 72
1948-188, 250, 256,
277,
Shoemaker, Clyde
278, 310
1945—175-182
Signal Center, First Army
Shog-unate
Headquarters
1943 — 324
1959—103
Shol, Edith Marior
I
Siegal, Mrs. Luis
194.3—246, 275
1948-195
Sholokhov
Siegal, Sandy
1947—106
1948—356
Shoor, Isaac
Siegartel, Fay
1948 — 266
1949 — 465
Shoppe, Maurice
Siegel, Nathan
1947 — 72
1947 — 89, 91
Shore, Ann
1949 — 425
1951—265
Siegmeister, Ellie
Shore, Jerome
1948—317
1949—448, 449
Sieroty, Jean
Shore, Merle
1947 — 179, 239
1949—428, 434
1948—198, 355
Sieroty, Mr. and Mrs. Julian
1948—239, 279
1949—435, 689
Sieroty, Mrs. Julian
1953 — 89
Sifton, Claire
1945—121
1948—278
Sifton, Paul
1945—121
1948 — 278
Sigerist, Dr. Henry E.
1948—141, 151, 169, 170,
248, 324, 326, 333,
350, 353, 357
1949 — 412, 538
1953—131, 171, 172, 174,
176, 280, 281
Sigma Xi Society (U.C.L.A.)
1948 — 170
Signer, Herbert
1948 — 1N6, 188, 213
1949—562, 563
Sigrid, Bert
1948—230
1949 — 459, 546
Sikelianos, Eva
1949 — 482, 500, 502, 523
Sillen, Samuel
1947 — 48, 106
194S— 233, 270, 340, 343
1949—482, 490, 500, 509,
510, 512, 514, 516,
529, 535, 536, 537,
545
1951—272, 281
Silver, Dr. Louise Light
(same as Dr. Louise
Light)
1955—350, 353, 367
Silver, Max
1945—139, 142
1947 — 64, 65, 170, 296, 297
1949 — 417, 418
1951—267
1955—194, 195, 197, 271
1959 — 112
Silver Shirt Legion of
America
1959—141
Silver Shirts
1947—363
Silverado Squatters
1953—179
Silverman, Abraham George
1959 — 172
Silverman, George
1959 — 174, 175
Silverman, Harriet
1948 — 107
Silverman, Prof. Louis L.
1949—482, 535
Silverman, Sol
1947 — 70, 90, 93
1948—216
Silvermaster Case
1959 — 188
Silvermaster, Gregory
1951 — 140
Silvermaster, Helen
1953 — 131
Silvermaster, Nathan
Gregory
1959—172, 173, 174
Silvern, Jerry
1948-356
Silvers, Hilds
1947 — 77
1949—423
Silvers, Louis
1948—311
Silverstein, Max
1947 — 179, 239
1948—376
12— L,-4361
354
UN-AMERICAN ACTWITIES IN CALIFORNIA
Silverton, Edna
1943 — 129
Silvilinganathan, B.
^^ggg 229
Sirnester, Edith W.
1949—482
Siminov
1949 — 80
Siminov, Constantine
1953 — 272
Simkliovitch, Mary K.
1948 — 227, 375
1949 — 457
Simmel, Billie
1955—391
Simmonds, Muriel
1948-215
Simmonds, Ernest J.
194S — 169, 326
1949 — 412, 540
Simmones, Michael
1947 — 72, 73
Simmons, Dr. George W.
1949 — 437
Simmons, Harry Smith
1943—362
Simmons, LeBron
1948 — 333
Simmons, Okay Dewey
1947 — 349
Simras, Frankie
1955—321
Simo, Clarence
1955 — 409
Simon, Abbott
1948 — ISO, 193
Simon, Hal
1948 — 213
1957 — 79
Simon, Helen
194S — 343
Simon, Henry
1948 — 317
Simon J. Lubin Society
1943 — 86, 148
1947—255
1948 — 35
1949 — 357
Simon, Oscar
1955 — 389
Simon, S. Sylvan
1948 — 97
Simonov, Konstantin
1947—106, 190, 191
1948 — 137, 177
Simonson, Lee
1948—170
1949 — 482, 488, 500, 510,
515, 520, 531
Simons, William
1948 — 106
Simpson, Donald
1948 — 94
1949 — 554
Simpson, Lawrence
1949 — 286
Simpson, Roy E.
1953 — 1, 133, 151
Simpson, Sharley
1943 — 145, 147
Simpson, Wanda
1948 — 376
Sims, D. H.
194S — 320
Sinarquism
1943 — 200
Sinarquist
1943 — 212
Sinarquist Movement
1943 — 200-202, 204
1945—160-162, 197-208
Sinatra, Frank
194S — 147, 183, 255
1949 — 689
Sinclair, John F.
1948 — 247
Sinclair, Upton
1943 — 119
1945 — 119, 127
1948 — 248, 266, 270, 276,
329, 331, 389
Sinel, Jo
1947 — 99
Singer, Arthur H.
1948—211
Singer, Bess
1948 — 277
Singer, Max
1948 — 18
Singer, Michael
1948 — 233
Singh, R. Lai
1945 — 195, 197
1947—70, 73
194S — 259, 344, 375
1949 — 421
Singleterry, Richard
1953—257
Siporin, Mitchell
1949 — 4S2, 500, 519, 534,
535, 536, 537
Siqneiros, Alfaro
1951 — 272
Siri, William
1951 — 230
Sirola, Y.
1949 — 172
Siskind, Beatrice
1949 — ISO
Siskind, George
1953 — 241
Siskind, Hank
1955 — 391
Sisson, Grant C.
1949 — 601, 608
Situation in India, The
1953 — 228
Sixth Congress of the Com-
munist International
1948 — 143
Sixth Soviet Congress
1953—33
Sixth World Congress
1953 — 50
Sixty-Second Assembly Dis-
trict Communist Club
194S — 214
Skaar, Sven
1943_132, 138, 139
Skariatina, Irene
1948—227
1949 — 457
Skarr, Sven
1959 — 117
Skeffington
1949 — 246
Skeffington v. Katzeff
1949 — 246, 247
Skin Deep
1943 — 103
Skinner, John
1948 — 375
Sklar, George
1945—121, 126
1948—97, 128, 131, 189,
273, 370, 378
1949—471
Skoglund, Mrs. Esther
1948 — 19
Slaby, Frank
1948 — 220
Slade, Albee
1945—137, 138, 195
1947 — 70, 129, 242, 249
1948 — 183, 375
1949 — 419, 421, 436, 561,
689
1951—255
Slade, Ruth
1947 — 75
1948 — 62, 202
1949—470, 689
Slaff, George
1951 — 264
Slaff, Mrs. George
1947 — 239
1948 — 355
Slanski, R.
1949—110
Slavic American
1949—401, 414
Slavic American Youth
Council (New York
City)
1948 — 339
Slavic Council of Los
Angeles
1948 — 268, 269, 374
1949 — 357
Slavic Council of Southern
California
1955 — 389, 390
Slavic Council Radio
Program
1948 — 268
Slavik, Juraj
1949 — 111
Slavin, William
1948—94
1949 — 554
Slavonic Committee for
Democracy
1949 — 414
Slawson, John
1948 — 375
Sleepy Lagoon Defense
Committee
1947 — 45
1948—35, 103, 134, 36o,
375
19 49 357
Sleepy Lagoon jNIurder
Case
1945—174, 175, 195
Slessinger, Tess
1943 — 102
1945—127
1948 — 249, 277
1953 — 172
Sliven, Boroslaw
1948 — 94
1949 — 554
Sloan Foundation
1953—111
Sloan, John
194S— 263
Sloan, Marcella
1949 — 562
Sloan, Raymond P.
1948 — 324
Sloane, Marcella
1948 — 186
Sloat, Nathan
1948 — 376
Slohodna Rech
1949 — 127, 181, 467
Slochower, Harry
194S — 179
1959—56
Slochower v. Board of
Education, New York
1959 — 192
Slocum, Tokie
iy43_322, 341, 342
Slonimsky, Nicholas
1949—482, 500, 531, 53 i
Slote, Helen
1948 — 97, 259
Slotkinoff, Albee
1949 — 421
Slovak Cultural
Organization
19 49 — 49 7
Slovak Democratic Party
1949—110
Slovak National Alliance
1949 — 414
INDEX
355
Slovak Women's
Committee
1949—414
Slovak Workers' Society
1949 — 4()6
Slovene National Congress
1948 — GG, 75
1949 — 357, 414, 551
Slovenian- American
Council
1949 — 414
Slovenian- American
National Council
1949 — 357
Slye, Dr. Maud
1949 — 4S2, 490, 491, 500,
505, 509, 526, 531,
532
Small, Dave
1948 — 340
Small-Holders Party
1949 — 114
Small Landholders Party
1949 — 114
Small, Sasha
1948 — 2R6
1949 — 179
Smallens, Alexander
1948—311
Smaney, June
1948 — 356
Smedley, Agnes
1945—119, 126
1948—273
1949 — 471, 482, 483, 488,
490, 500, 505, 506,
509, 516, 518, 519,
520, 525, 527, 531,
535, 537
1951—271, 272, 275, 27S,
281
1953 — 222
Smiley, Dr. Frank
1948—171
Smilev, Glenn
1948 — 110
Smllga, I. T.
1949 — 212
Smit, Leo
1949—482, 509, 532
Smith
1949—246
1953 — 206
Smith Act
1953 — 76, 181, 186, 277
1959 — 38, 102, 127, 137,
148, 149, 151, 152,
153, 168, 188, 189,
191, 196, 210
Smith Act Strikes Again,
The
1959—188
Smith, Andrew
1949 — 178
Smith, Art
1948—97, 104, 356
1951 — 41
Smith, Bernard
1948—193
Smith, Billy D.
1947 — 356
Smith, Claude M.
1948—249
Smith Committee
1948 — 331
1949—541
Smith, Dan
1948 — 59, 339
Smith, Dr. David Stanley
1948 — 311
Smith, Dorothy Wysor
1948—375, 376
Smith, Edward
1948—211
Smith, Edwin
1959 — 173
Smith, Edwin S.
1947 — 114
1948—322, 323, 326, 328
1949 — 538, 540
Smith, Elizabeth L.
1953—79, 92, 93, 94, 121,
124, 125
Smith, Everett
1949 — 661
Smith, Ferdinand
1945—148, 195
1948 — 202-209, 213, 294,
320, 375
1949 — 105, 338, 344, 367,
449, 453, 525, 546,
548
1951 — 281
Smith, Ferdinand C.
1953 — 63, 131, 173
Smith, Rev. Prank
1948 — 162
Smith, George L.
1949— GOl
Smith, Gerald L. K.
1947 — 48-55, 284, 297,
359, 3G0, 364
1948 — 74, 75, 220, 221,
254, 308
1949 — 333, 550, 625
1955 — 155
1959 — 49, 112, 145
Smith, Hal (Harold)
1948 — 373
1949—556
Smitli, Hassell
1947 — 94
Smith, Jack
1948 — 285
Smith, Jackie
1948-184
1949—561
Smith, James
1948 — 200, 351
1951 — 194
Smith, Jeffrey
1948 — 185
Smith, Jesse
1948 — 268
1949 — 464
Smith, Jessica
1948 — 323
1949-482, 500, 510, 516,
520, 527, 528, 529,
530, 531, 532, 533,
534, 535, 537, 538,
545
Smith, J. H.
1949—486
Smith, L. G.
1957—68
Smith, Lawrence B.
1943 — 34, GO
Smith, Leo
1949 — 500
Smith, Lorna D.
1948 — 233
Smith, Louise Pettibone
1955 — 390
Smith, Wannie P.
1948 — 376
Smith, Moranda
1948 — 226
Smith, Muggsy
1949—601
Smith, Norman
1948 — 346, 378
1949—557
Smith, Prentice G.
1948-19
Smith, Mrs. Ralph
1948 — 109, 110
Smith, Randolph
1948 — 390-392
Smith, Robert L.
1948—239
1949 — 435
Smith, Rosalind
1955—324
Smith, S. Stephenson
1948—151
Smith, Vern
1947—31, 83, 88
1948 — 8-13
1949 — 96, 179
1951— 1G9, 172, 173, 179,
183
Smith, Supervisor
William A.
1948 — 260
1949—495
Smittcamp, Earl
1948 — 19
Smodoff, Peter
1948 — 311, 312
Smolan, Morris
1953—257
Sinolokov
1948 — 101
Smolon, Morrie
1943—153. 154
Smythe, Rev. F. Hastings
1949—482, 488, 500, 512,
517, 522, 526, 537
Smythe, H. Hastings
1949 — 520
Sneddon, John
1948 — 282-288, 302, 303
Sneddon, Scotty
1947—151, 163
Snessarev, General
1953—230
Snider, Michael
1951 — 267
Snow, Clyde H.
1948—356
Snow, Edgar
1948—141, 151, 198, 199,
234, 357, 358
Snow, Mrs. Edgar
1948—198
Snow, Martha
1948 — 356
Snyder, Dr. Louise M.
1948 — 278
Soars, Tlieodore G.
1948 — 329, 352
Sobel Case
1959 — 188
Sobel, Herman
1948—392
1949 — 544
Sobel, Louis
1948—375
Sobeleski, Vivien White
1953—127, 128
Sobell, Morton
1959—175
Social Action Committee
1949—437
Social Democracy and
the War
1943 — 45
1953—67
Social Democratic Benefit
Society — see also In-
ternational Worker's
Order
1951—282
Social Democratic Labor
Party of Russia
1949 — 208, 211, 245
Social-Democratic Party
1949 — 14
1953—30
Social Democratic Party of
Russia
1949 — 25, 204
Social Democrats
1949—118
356
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Social Fascists
1943 — 41
Social Problem Club
1959 — 130
Social Security Board
1959 — 173
Social Worker
194S — 382
1949 — 437
Social Workers,. Committee
to Aid Spanish Democ-
racy
1948—334
1949—358
Social Workers Guild
1943 — 141
Social Workers Local 558
1948—55
Social Wo7'k Today
194S — 225, 375, 381
1949 — 402
Socialism: Utopian and
Scientific
1949 — 190, 191
Socialist Club
1957 — 100
Socialist International
1949 — 203
Socialist Labor Party
1957—27, 118
Socialist Party
1945 — 83, 87
1949—298, 693
1951 — 9, 21, 23, 41
1957 — 65, 76, 97
1959—37
Socialist Unity Party
1949—46
Socialist Workers Partv
1949—248, 358
1951 — 41
1955 — 423, 429
1957—27, 31, 47, 66, 68,
84, 111, 113, lis,
121
Socialist Youth League
1949 — 358
Socialists
1959 — 36
Socialized Medicine
1949 — 539
Society for Cultural Rela-
tions with Foreign
Countries
1948—107
Society for Cultural Rela-
tions with Soviet
Russia
1949—358
Society for Experimental
Biology and Medicine
1955 — 221
Society for Technical Aid
to Soviet Russia
1948 — 243, 375
1949 — 358
Sockman, Ralph W.
1948 — 321
Socrates
1955 — 106
Soenario, Awan
1947 — 91
Sojourner Truth Club
1951 — 267
Sokolaw, Anna
1948 — 378
1949—166
Sokolinkov, I.
1953—234
Sokolsky, George E.
1947 — 223, 359
1949 — 104, 608, 693
Soldtoy, Eva
1943 — 126
Soler, Robert L.
1949—547
Sollins, Jude
1948 — 161
Solnit, Ben and Mrs. Ben
1947 — 96
1948 — 355, 241
Sologubov, A.
1953—234
Solomon, Abe
1955 — 389
Solomon, Anne
1948 — 185
Solomon, Rabbi Elias L.
1949 — 482
Solomon, Dr. and Mrs.
Joseph C.
194S— 216
Solomon, Miriam
194S — 376
Solomon, Willv
1948 — 185
Solomon, Yetta
1955 — 389
Solonia, Swiggerra
1943 — 312
Solotaroff, Moi
1947 — 73
Solotoy, Percy
1947 — 239
1948—355
Solovieff, Miriam
1949—482
Sommer, Col. Henry
194S — 19
Sondergaard, Gale
1943 — 124
1948 — 97, 105, 132, 265,
277, 278, 356, 358
1949 — 482, 500, 689
1951—58, 271, 272, 281
1953—131, 172
1955 — 112, 314, 344, 386
Sondergaard, Hester
1948 — 329, 352, 377
Song Writers Protective
Association
1945 — 117
Sonoma County Pomona
Grange Number 1
1955 — 453, 454
Sons of the American
Revolution
1949 — 540, 670
1953 — 184, 273
Sons of Italy
1943 — 303-305
Soong Ching-ling
1957 — 132, 133, 136
Soper, Grant F.
1948—19
Sorensen, Gotliard W.
1948 — 215
Sorensen, Paul M.
1943 — 178, 179
Sormunen v. Nagle
1949 — 246
Sorokin, Dr. P. A.
1948 — 324
1949 — 415
Sorquist v. Ward
1949 — 246
Sorrell, Herb
1959—115
Sorrell, Herbert K.
1943—60, 95, 162, 167
1945 — 139, 142
1947 — 12, 97, 169-175,
187, 189, 191, 192,
221, 256, 257, 370
1948 — 92, 106, 160, 179,
183, 201, 202, 214,
215, 223, 249, 252,
253, 257, 267, 272,
309, 329, 330, 344,
352, 358, 359, 375,
382, 384
1949—146, 290, 449, 459,
378, 631, 635, 636,
689, 691, 706
1951 — 255, 264
1955 — 445
Sosin, Dr. Max
1955 — 289
Soto Jewish Culture Club
1955 392
Soule, Rev. "Alfred M.
1948 — 329
Soule, Rev. Carl D.
1949 — 482
Soule, George
1948 — 96, 113, 181, 273,
327, 351, 391
1949 — 471
1953—172
Soule, Isobel Walker
1949 — 545
South Bay Independent
Progressive Party
Club
1955—389
South Berkeley Club of the
Communist Party
1948 — 215
Southard, Mary
1948 — 226
Southern Calif. Branch of
the National Federa-
tion for Constitutional
Liberties
194S — 137
Southern California Chap-
ter of the Arts, Sci-
ences & Professions
1955 — 445
Southern Calif. Committee
for Proposition No. 11
1947 — 47
Southern Calif. Committee
for State FEPC
1948 — 147
Southern Calif. Committee
to Win the Peace
1947 — 56, 187
1948 — 319
1949 — 336, 489
Southern California Con-
ference to Defend the
Rights of Foreign
Born Americans
1955 — 344, 345
Southern California Edison
Co.
1955 — 401, 406, 409, 416
1957—143
Southern California Gas
Co.
195.5 — 401. 406, 409, 410
1957 — 142, 143, 144
Southern Calif. Labor
Youth League
1951 — 29
Southern Calif. Legislative
Conference
1951 — 59
Southern California Peace
1955—292, 304, 328, 336,
S39, 343, 350, 351,
389, 390
Southern Calif. Progressive
Citizens of America
194S — 139
Southern Calif. Retail
Druggists' Assn.
194S — 15
Southern Calif. Slavic
Council
1951 — 267
Southern Calif. Symphony
Association
1949—698
Southern Calif. Telephone
Company
1945 — 19, 97
Southern Calif. Youth
Congress
1948 — 14S
Southern Conference for
Human Welfare
1948 — 3S, 73, 108, 318-
320, S34-338, 354
1949—303, 358, 402, 486,
514, 542, 678
1951—183, 185
Southern Negro Youth
Congress
194S — ISO, 335, 338
1949 — 359, 446, 447, 515
Southern News Almanac
1948 — 163
Southern Patriot
1949 — 402
Southern Tenant Farmers
Union
1948 — 337
Southern Worker
1949 — 402
Southland Jewish
Organization
194S — 383
1949 — 438
1951 — 267
1957 — 124
Southwest Berkeley Club
1947—275
194S — 220
Southwest Presbyterian
Church
1949 — 419
Southwest Unit of Federal
Theatres
1943—147
Souvarine, Boris
1953 — 35
Soviet Academy of Art
1949 — 494, 497
Soviet Administration of
German Properties in
Austria (USIVA)
1949—56
Soviet Communism
1949 — 539
Soviet Communism, A New
Civilisiationf
1948—370
Soviet Children and Their
Care
1947 — 114
Soviet Commission
1945 — 97
Soviet Constitution
1947 — 114
Soviet Consulate in San
Francisco
1947 — 213
Soviet Council of
Ministers
1949 — 216
Soviet Culture
1948 — 176, 225
1949 — 402, 547
Soviet Economy and the
War
1949 — 539
Soviet Embassy, United
States
1949 — 95
1951 — 262
Soviet Embassy Secretary,
United States
1951 — 212
Soviet Foreign Office
1949—40, 41, 58, 59
Soviet Friendship League
1959 — 112
INDEX
Soviet-German Nonaggres-
sion Pact
1953—67
Soviet Government
1943— n, 15
Soviet Information Bureau
1948 — 326
1949 — 539
Soviet International Union
of Revolutionary
Writers
1949 — 354, 390
Soviet-Japanese Pact
194S— 144
Soviet Jewish Delegation to
the United States
1948 — 156
Soviet Military
Intelligence
1949—230, 496
Soviet 3Iino7Hties
1948-176
Soviet-Nazi Pact
1949 — 91, 338, 448
Soviet of Workers' and
Soldiers' Deputies
1949 — 214, 215
Soviet Peace Society
1953 — 275
Soviet People
1953 — 269
Soviet People at War, The
1948—101
Soviet Pictorial
1948 — 243
1949 — 402
Soviet Power
1943 — 52
1948 — 326
1949—539
Soviet Russia
1948 — 225, 267
1949 — 463
Soviet Russia and
Religion
1943 — 32
1949 — 538
Soviet Russia and the Far
East
1953 — 232
Soviet Russia, Official
Organ of the Russian
Soviet Government
Bureau
1948 — 243
Soviet Russia Since the
War
1951—153
Soviet Russia Today
1947 — 113-115, 190, 314
1948 — 36, 49, 65, 99, 123.
156, 169, 192, 225,
244, 246, 248, 261,
324, 325, 366
1949 — 179, 313, 402, 412,
453, 454, 461, 528,
529, 534, 539, 545,
620, 623
1951 — 153
Soviet Russia Today
Publications, Inc.
1949 — 545
Soviet Russia's League of
the Militant Godless
1949—91
Soviet Secret Police
1951—182, 186, 191, 192,
209, 236, 239
1959 — 35, 45, 122, 123,
178, 179, 180, 188
Soviet Spies
1949 — 653
Soviet Spirit
1949—539
357
Soviet Sports
1948—225
1949 — 403, 547
Soviet State Tourist Co.
1948 — 341
Soviet Union — see Russia
Soviet Union and Present
World Affairs, The
1949 — 528
Soviet Union Today, The
(Third Edition)
1951—153
Soviet Vice Consuls
1951 — 212, 230, 231, 236,
238, 240, 243, 286
Soviet M'omen
1947—114
1951—285
Soviet Writers Congress
1953—158
Soviet Writers Union
1949 — 497
Soviets and the Individual,
The
1949—192
Soviets of Workers'
Deputies
1949—210, 214
Sovietskaya Kniga
1949 — 80
Sovposal
1949—181
Sovruday
1949—181
Sowerby, Leo
1948—331
Soyer, Raphael
1948 — 248, 263
1949 — 448, 482, 499, 505,
525, 535, 536
Spaeth, Sigmund
1948 — 199, 311
Spalding, Albert
1948—331
Spanish Civil War
1949—19
Spanish Loyalist
Government
1951 — 38, 100, 238, 258
Spanish Refugee Appeal
1948 — 115, 125, 134, 141,
217, 218, 270, 346
1949—359, 468, 511
1951 — 287
Spanish Refugee Relief
Campaign
1949—359, 511
1955—88
Spanish Revolution
1959—47, 112
Spanish Speaking Peoples
Congress
1948 — 309
1949—359
1959 — 20
Spanish War
1953 — 137, 272
Sparer, Nathan
1947 — 202
Sparks, Ned
1947 — 28, 227
Sparks, Nemmy
1948 — 213, 259, 343
1949 — 189, 611, 689
1957 — 82
1959—31
Sparks, R. Frederick
1943 — 126, 132
Sparling, Edward J.
1957—58, 59
Sparling, Harold A.
1943—225, 233, 251, 256,
277
Spaulding, Sumner
1948—311
358
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Spaulding-, Mrs. Sumner
1947 — 239
Speaker, The
1943 — 362
Speakinc) Frankly
1945 — 28, 42, 43, 65
Special Committee on Un-
American Activities
1949—257, 267, 26S, 269
270, 271, 272, 273
274, 275, 276, 211.
278, 279, 280, 281!
283, 284, 285, 286,
287, 289, 291, 292
293, 294, 295, 296
297, 299, 300, 301,
302, 303, 305, 306,
307, 308, 309, 310,
311, 312, 313, 314,
317, 319, 320, 321
323, 324, 325
327, 328, 329
331,
335.
339,
344,
332, 333,
336, 337,
341.
340,
. 346,
349, 352,
355, 356, 358
360, 362, 363
365, 366,
369, 370,
373, 375,
378, 379, 380,'
384, 385, 386
389
326,
330,
334,
338,
342,
347, 348,
"53, 354,
359,
36'
37i;
376.
388,
393, 395;
400. 401
390,
396.
!64,
368,
372,
377,
383,
387,
392,
398
-. 402, 405.
406, 407, 408, 409
440, 450, 541
Special Subcommittee of
the House Committee
on Appropriations
1949 — 257, 271, 279, 283
285, 300, 302. 305'
_322, 328, 331, 339'
Spear. Emerson
1948—171
Spector, Elizabeth
1955—343. 385
Spector, Frank
1943 — 130
1948 — 13, 177, 222 993
266, 306
1949—689
1953 — 175
1955 — 342, 385
1959—146. 147
Spector, Herman
1945-119
1948 — 270
Spector, .Julia
1948 — 185
Spector, Louis
1948 — 14
Speerle, Al
1948 — 252
Speer. Dr. Robert IC
1948 — 226. .•?2S, 334, 392
1951 — 92. 93
1953—172. 174, 176, 177
280, 281
Speicber. Eugene
194 8 — 331
Speisrbts. Mrs. Gloria
1955 — 391
Spence. Justice
1955 — 51
Spence, Ralph B.
1953—153
Spencer, Carl
1947 — 152
Spencer, Frank G.
1948—95, 151
Spencer, Frederick
1948 — 198
Spencer, Kenneth
1948 392
1949 — 482, 490, 500, 501
503, 505, 508, 509,
512, 513, 514, 516,
517, 519, 521, 523,
526, 534
Spencer, Mrs.
1948-203
Sperber, Lawrence
1951 — 267, 281
Sperber, Lawrence R
1955—390
1959 — 135
Sperling-, Milton
194 7 — 23 9
Sperlins:, Mrs. Milton
1947 — 239
1948 — 255
Sperling-, Dr. Samuel J.
195.5 — 79, 289
Speyer, Edgar
1948 — 247
Spiegel, Cecile
1948 — 161
Spiegel, Mrs. Sidney
1955— 3S3
Spillane, Mickey
1955 — 192
Spinoza
1947 — 85
Spitz, Mrs. Leo
1948—211
Spitzer, Marian
1947 — 239
1948 — 249, 252, 255, 278,
355
Spivack, Robert G.
1948 — 377
Spivak, John L.
1945 — 121
1947—68
1948 — 194, 273
1949 — 420. 467. 471
Spliterling. Mrs. Mon
"1948 — 352
Spofford, Rev. "William B.
1948 — 109, 186
1949 — 449, 562
Spoken J?vssian CT^'ar
Department Manual)
1951—153
SpoHn. Viola
1947 — 71. 72
1949 — 422
Spnlmack. Molly K.
1947 — 163
Sponsors, The
1943 — 353
Spotlinht
19^5 — 186. 225. 370
1949 — 403, 562, 620
1953 — 259
Spotlig-ht on Spain
1948 — 217
Sprinr; .<?;7fciro?-ws and
Other Stories
1957—135
Springer. Mel
1948 — 146
Springfield Citizens'
Protective League
1949 — 360
Sprinsrfield Committee to
Aid Snnnish Democracy
1949 — 360
Sproul. Dr. Gordon CPresi-
dent, University of
California)
1945—116
1947 — 70. 212 321
1948 — 389
1949 — 421
1951—52, 53, 56, 68, 69,
70, 71, 72, 74
1953—133, 135
1955—438
Sproul, Dr. Gordon H
1957—15, 16
Sproul, Dr. Robert Gordon
1959—58
Spurlin, Collis D.
1955 — 410, 411, 412
S' Renco, John
1948 — 279
Sroog, Arnold
1948 — 233
S. S. City of Richmond
1943 — 381
St. Cyr, John F.
1943 — 60
St. John, Robert
1948 — 168
1949—482, 490, 500, 515,
516
St. John's Hospital
1955 — 99
St. Joseph's Hospital
1955 — 99, 106
St. Louis Committee for a
Fair Employment Prac-
tice Ordinance
1949 — 446
St. Luke's Hospital
1955 — 99
St. Mary's College
19.i3 — 133
St. Mary's Long Beach
Hospital
1955—99
St. Nipomotz Church
Society
1955 — 20
St. Peter, John A.
1947 — 78-80
1949 — 424, 425
St. Sure, Paul
1948 — 195
St. Simon
19 45 — 71
St. Vincent's Hospital
1955 — 99
Stachel, Jack
1943 — 28
1947 — 227
1948 — 176, 212, 213, 244,
245, 246. 343
1949 — 144, 170, 189, 230,
545, 658
1953—175
1957 — 80
Stack, Joe
1948-293, 294, 295, 297
Stack, Loretta Starvus
1953 — 241
Stack, Mabel
1948 — 376
Stack. Mr. and Mrs. Walter
1947 — 163, 164, 227
1948 — 200, 285, 297, 343,
351
Stackpole. Ralph
1948 — 349, 358
Stadler, Bea
1955 — 389
Stadler, Prof. L. J
1948 — 271
1949 — 469
Stafford, Harry N.
1948 — 386
Stage for Action
1948—392
1949 — 360, 452, 453, 515,
543, 544
Stahl, J. Herbert
1949—658. 659, 660
Stahl. Willve
1948—317
Stahl, Mrs. Willve
1948 — 317
INDEX
359
Stahlhelm
1951—17
SUiley, Eugene
1947—321
1948 — 199
19:)3 — 151
Stalin
1949 — 193, 654
Stalin-Hitler Pact
194S — 33, 63, 93, 96, 99,
104, 108, 109, 115,
124, 127, 132, 135,
136, 141, 143, 144,
149, 150, 153, 154,
158, 160, 161, 163,
165, 167, 179, 181,
192, 211, 226, 245,
250, 251, 250, 257,
258, 266, 267, 268,
272, 319, 332, 340,
342, 351, 367, 377,
380, 392
Stalin-Hitler (Nonaggres-
sion) Pact
1949 — 89, 187, 265, 273,
280, 288, 293, 300,
315, 316, 327, 343,
378, 440, 441, 448,
464, 488, 493, 541,
Sta lin-Howard Interview ,
The
1948 — 182
Stalin, Josef
1945 — 74, 99, 155
1947—6, 7, 13, 15, 17, 19,
21, 29, 30, 32, 37,
44, 47, 145, 173,
200, 221, 268, 271-
273, 286, 292, 298,
308, 319, 320, 368,
370
1948 — 7, 20, 29, 31, 33,
41, 64, 67, 78, 105,
108, 123, 140, 151,
156, 158, 161, 172,
189, 203, 233, 242,
250, 252, 292, 321,
326, 327, 340, 346,
351, 353, 365
1949—12, 15, 21, 25, 28,
29, 31, 32, 33, 38,
44, 51, 09, 70, 75,
76, 78, 80, 85, 87,
89, 91, 92, 94, 95,
97, 99, 101, 102,
117, 120, 123, 127,
128, 142, 155, 160,
162, 163, 164, 165,
166, 167, 169, 174,
183, 184, 185, 186,
188, 190, 191, 192,
193, 202, 219, 220,
221, 222, 224, 226,
229, 230, 248, 257,
259, 493, 531, 532,
540, 615, 617, 618,
619, 645, 651, 660,
705
1951 — 28, 46, 48, 66, 101,
105, 130, 144, 145,
146, 153, 170, 269,
282, 283
1953 — 28, 29, 30, 31, 33,
34, 35, 36, 37, 38,
39, 40, 42, 43, 44,
45, 46, 51, 52, 53,
54, 61, 62, 66, 67,
69, 74, 224. 225,
226, 234, 239
1955 — 301, 366, 381
1957—31, 43, 75, 81, 84,
85, 90, 93, 95, 109,
127
1959 — 30, 35. 42, 84, 88,
105, 168, 178, 179,
180
Stalin, Czar of All the
Russias
1943 — 19
Stalin on China
1953 — 238
Stalin on the New Con-
stitution
1949 — 192
Stalinists
1951—39, 65, 270, 272,
273
1957 — 30-33, 74, 76, 84,
86, 87, 88, 90, 91,
94, 97, 118
Stalin's Early Writings
and Activities
1949 — 192
Stalllngs, Jack
1948 — 185
Stamm, Rev. Frederick K.
1949—482
Stampalia, J.
1955 — 389
Standard Stations, Inc.
1955 — 405
Stander, Lionel
1943—124
1948—97, 253
1949 — 689
1955 — 365
Standley, William H.
1943—56, 57
Stanford, Albert
1948 — 94
X949 554
Stanford, Albert B.
1949—554
Stanford, Steve
1948 — 184
1949 — 561
Stanford University
1943—114
1947 — 78, 88, 89, 93, 94,
103, 272
1948 — 163, 179, 182, 325,
352, 353, 391
1949 — 424, 425, 539
1951 — 37, 73, 85, 101, 103,
105, 106, 112, 113,
114, 115, 127, 128,
129, 130, 131, 132,
133, 134, 135, 138,
143, 144, 146, 147,
148, 149, 150, 151,
152, 162, 168, 298
1953 — 133, 214, 254, 259,
272
1957 — 3, 6, 129, 133
1959 — 39. 57, 58, 127, 184
Stanford University School
of Education
1953 — 271
Stanford University School
of Medicine
1948 — 163
Staniforth, Robert O.
1948 — 355
Stanislavsky
1953 — 234
Stankert, George
1948-184
1949—561
Stanley, Arnold
1948 — 268
1949 — 464
Stanley, Emma
1948—215
Stanley, Prank
1949—547
Stanley, Frederick Jackson
1948 — 373
Stanley, Dr. Leo L.
1943—177, 194, 195
Stanley letters
1957 — 58, 64
Stanley, Silas
1955 — 402, 404
Stanton, Thomas E., Jr.
1953 — 248
Stanwood, Evans
1948—4
Stapledon, Olaf, Dr.
1951—276
Stapp, James
1947—296
Stapp, John
1948—151, 164, 214, 343
Star of the East Bureau
1943 — 363, 365, 373
Starbuck, Eric
1948 — 326
1949 — 540, 547
Stark, Wallace
1947—73
Starkist, Tuna
1948 — 268
Starobin, .Toseph
1948 — 186, 226, 338, 340,
343
1949 — 112, 563, 689
1951 — 269, 272
Starr King School for the
Ministry
1953—259
Starr, Milton
1948—356
Starr, Penny
1948-356
Starvis, Loretta
1948 — 213
Stasiukevich, Philip
1948—205
Stassova, Helen
1949-439
State V. Aspelin
1949 — 255
State Adjutant General
1951 — 3
State and Revolution
1949 — 23, 190, 192
1951 — 177
State and Revolution, The,
by Lenin
1949 — 22, 23
State, County and Munici-
pal Employees
1947—50
State, County and Munici-
pal Workers of America
1943 — 141
19 45 — 15 7
1947 — 208, 218, 219
1948 — 6, 212, 235, 379,
380, 382
1953—93, 127, 129, 130,
132
1955—130, 403
1959 — 13, 26, 27, 55, 91,
94, 127
State Department
1959—129, 172, 191, 192,
194, 195, 196, 203
State Department of
Criminal Identification
and Investigation
1953—218
State Department of
Education (California)
1948—106, 347
State Department of Labor
1951 — 28
State Emergency Relief
Administration
1943—126
1945 — 157
1947_73, 89, 208, 218,
248
State Federation of Labor
1953—143
360
UN-AMERICAN ACTIVITIES IN CALIFORNIA
State Legislative Commit-
tee on Un-American
Activities
1949 — 565
State of Affairs
1948 — 225
1949 — 403
State Relief Administration
1948 — 6, 72, 147, 331, 384
1949 — 90, 130, 425, 541
1951 — 1
1953—87, 100, 129, 257
1959 — 22, 26, 27, 35, 127
Statement by American
"Progressives" Defend-
ing Moscow Pui-ge
Trials
1953 — 174
Statement by American
Progressives on the
Moscow Trials
1948 — 35, 65, 156, 169,
324, 325
1949—412
Statement Defending Com-
munist Party
1948 — 33G, 377
1949— S60
1953—280
Statement Urging Ballot
Rights for Communists
1948 — 55
State-wide Conference on
Civil Rights
1948 — 147, 172
1949 — 360
1951 — 255, 256
State-wide Legislative
Conference
1948 — 376
1949 — 360, 435, 436, 635
1951 — 247, 255
1955 — 204
1959—18
Stead, Christina
1948 — 276
Steam Fitters and Helpers,
Local 590
1947 — 80
Stebbins, Lucy Ward
1948 — 376
Steel, Eloise
1948—184
1949 — 561
Steel, Johannes
1948 — 131, 198, 202, 234,
343 352
1949 — 455,' 482, 488, 489,
490, 491, 499, 502,
503, 505, 508, 509,
514, 515, 516, 528,
530, 531, 533, 534,
535, 549, 689
1951—271
1953—131
Steele, Al
1949 — 179
Steele, Gertrude
1948 — 151
Steele, Helen
1955 — 389
Steele, Louis
1955 — 389
Steele, R. Vernon
1948 — 317
Steele, Walter S.
1948 — 325
1949—465, 466, 539, 554-
556
Steeled in Battles
1957 — 136
Steelworkers Union, Local
1304
1951 — 193, 195
Stefanec, Norman
1948—374
Stefansson, Dr. Vilhjalmur
1948 — 113, 114, 169, 170,
201, 248, 263, 270,
323, 324, 326, 327,
350, 351, 357, 359
1949 — 412, 449, 538, 540
Steffen, Paul
194S — 356
Steffens, Herman
1951 — 251, 252
Steffens, Lincoln
1945 — 126
1947—77
1948—151, 199, 266, 341
1949 — 423
1953 — 234
Steig, William
1948—248
Stein, Charles
1948-226
Stein, Joseph
1947 — 91, 94
Stein, Louis
1948 — 329, 352
Steinbecl^, John
1943 — 148
194S — 101
Steinberg, Bernard P.
1948 — 279
Steinberg, Henry
1947 — 226
1948 — 214
1949 — 689
Steinberg, Max
1948—311
1949—464
Steiner, Julia Lerner
1949 — 596
Steiner, Ralph
1948 — 238
Steingart. Harry A.
1947 — 94
Steingart, Sylvia
1953—107
Steinmetz, Fred
1951 — 281
Steinmetz, Fred H.
1959 — 135
Steinmetz, Prof. Harry C.
1947 — 97
1948—152, 183, 185
Steinmetz, Harry
1955 — 327
Stejuru, lonel
1949 — 181
Stepliano, Oreste
1949 — 109
Stephenson, Janet
1955 — 329, 362
Stephenson, O. R.
1949 — 437
Stepinac, Alovsius
1949 — 125
Sterling, Stewart
1948 — 252, 255, 279
Stern, Dr. Bernhard J.
1951 — 271, 272, 281
Stern, Alfred K.
1948 — 249, 327, 328
1949 — 482, 490, 499,
508, 510,
518,
502,
512,
521, 527,
503,
514,
528
Stern, Bernard J.
1947 — 202
1948—199, 270
1949 — 449, 482, 487, 488,
490, 498, 502, 503,
505, 509, 510, 512,
514, 515, 516, 518,
520, 521, 525, 527,
528, 530, 532, 534,
536, 537, 549
1953 — 139, 151, 174, 175,
176, 181, 280
1959 — 56
Stern, Charlotte
1948 — 227
1949 — 457
Stern, Isaac
1949 — 482
Stern, Jeanette
1948—228
1949 — 457
Stern, Julius
1947—89
1949 — 425, 437
Stern, M.
1948 — 196
Stern, Mever E.
1949 — 446
Stern, S. S.
1955—391
Stern, Seymour
1947—72
Sterne, Maurice
1948 — 331
Sterneberg, Freda
1948 — 278
Stephens, J. H.
1943 — 177, 194
Steuben, John
1948 — 343
Stevens, Bennet
1949 — 537
Stevens, Clara
1943 — 146
Stevens, Clarice Eleanor
1948 — 4, 5
Stevens, Dan
1948 — 266
Stevens, Edmund
1948 — 326
1949 — 540
Stevens, Ethel
1948—195
Stevens, Hope R.
1949 — 449, 453, 548
Stevens, Naomi
1948 — 356
Stevens, Owen
1947—152. 163, 165
Stevens, Svdnev H.
1949 — 601
Stevenson, A. E.
1949 — 449
Stevenson, Dr. George W.
1957 — 51-56, 103
Stevenson, Miriam
1955 — 389
Stevenson. Philip
1945—121, 127
1948 — 189, 357, 389
Stevenson, Robert Louis
1953—179, 180
Stewart, Assemblyman
Albert L.
1947 — 122, 123
Stewart, Donald Ogden
1945 — 127, 128
194S— 4, 96, 97, 105, 113,
114, 151, 152, 176,
189, 193, 208, 232,
244, 249; 21
265, 310- 327;
329, 350; 352,
377, 378, 389,
241,
256,
328,
357,
392
1949 — 448, 449, 453, 455,
482, 484, 486, 48S,
490, 498, 501, 502,
503, 504, 505, 506,
507, 508, 509, 510,
511, 512, 514, 515,
518, 521, 522, 528.
531, 532, 533, 534,
537, 689
INDEX
361
Stewart, Donald Ogden —
Continued
1951 — 58, 59, 60, 92, 93,
271, 272, 286
1953—131, 171, 172, 173,
176, 177
Stewart, Mrs. Donald
Ogden
1948—151, 162, 377
Stewart, Dr. George R.
1951 — 68
Stewart-Harrison
1951—237, 241, 243
Stewart-Harrison, Kather-
ine Puening- — see also
Oppenheimer, Katherine
Puening
1951—237
Stewart, Kitty Griffith — see
also Griffith, Kitty
1951—206
Stewart, Lenore Sophie
1949 — 491
Stewart, Marguerite N.
1947—313, 321, 370
1948 — 199
Stewart, Maxwell S.
1947—313, 314, 370
1948—97, 109, 113, 114,
132, 141, 151, 169,
181, 194, 198, 199,
208, 234, 244, 323,
326, 327, 334, 341
1949—412, 540, 545
Stewart, Paul
1947—141, 179, 186, 187
Stewart, Peg La Centra
1947^179
Still, William Grant
1948—317
Stiller, George
1947 — 50, 52
1948-254, 308
1949 — 689
Stimson, Chester
1948 — 94
1949 — 554
Stockholm Peace Petition
1955 — 343
1959 — 84
Stocklitskv, Alexander
1949—177
Stoddard, Alexander
1957—149
Stoermer, Miss Grace S.
1948 — 19
Stokes, Canon Anson Phelps
1948 — 324
Stokowski, Leopold
1948 — 324
Stolberg, Benjamin
1947 — 204, 222, 223
1949—691-693
Stoll, Jerrold
1949 — 429, 430
Stoll, Ladislav
1949 — 493, 497
Stone, Carol
1948—356
Stone, Chief Justice Harlan
1949 — 187
Stone, Constance
1948 — 356
Stone, Gene
1955 — 317, 326, 387
Stone, I. F.
194S — 108
1949—483, 495, 499
Stone, Irving
1945 — 127
Stone, John
1948—211
Stone, Lionel
1947 — 239
1948 — 279
Stone, Marc
1948 — 270
1949 — 482
Stone, Martha
1957 — 78
Stone, Peter
1948 — 226
Stone, Samuel W.
1948 — 94
1949—554
Stone, S. F.
1948 — 268
1949—464
Stone, Willis
1955 — 90
Stop Censorship Meeting
1949—515
Stop the Ku Klux Klan
1947—55
Storey, Moorfleld
1948 — 247
Storm, Prof. Hans Otto
1948 — 391
Storm, John
1948—316
Storm Troops
1943—218, 219, 234, 294
Stout, Rex
1945—116
Stovall, Rev. Edward
1948 — 185
Stowe, Everett M.
1948—198
Stowe, Leland
1945—127
1948 — 199
Strachey, John
1948 — 194
Strack, Celeste
1947 — 81, 84, 89, 91, 92
1948 — 6, 179, 181, 182,
185, 186, 188, 213,
359
1949—147, 425, 426, 429-
432, 560, 562, 563,
689, 692
1951 — 19
1953 — 174
1957 — 77, 78
Strand, Paul
1948 — 97, 163, 1S9, 247,
249, 270, 274, 377,
389
1949 — 471, 482, 488, 490,
499, 503-505, 511,
512, 514, 515, 517,
527, 529, 534, 535,
537
Strang, Gerald
1948—317
Strange Alliance, The
1949 — 51, 52
Strange Lands and Friendly
People
1959—156
Strasberg, Lee
1948 — 171, 238, 278
Strassburger, Max
1955 — 389
Strategic Problems of
China's Revolutionary
War
1953 — 238
Strategy and Tactics of the
Proletarian Revohition
1949—191
Strategy and Tactics of
Wo7-ld Communism,
The
1949—12, 79, 81
Straus, Dr. Reuben
1948 — 171
Straus, Robert K.
1948—327
Strauss (philosopher)
1953—9
Strauss, Leon
1947 — 93
1948 — 213
Strauss, Ted
1947 — 97
Strauss, Theodore
1948 — 211, 372
Stravers, Murray
1948 — 14
1949—601, 637
Stravis, Loretta
1948 — 213
Strecker v. Kessler
1949 — 246, 250
Street Fractions
1943—65
Street, Philander
1943—151
Strelsin, Alfred
1948—263
Strickland, Mrs. V. J.
1949 — 438
Strickland, W. O. William
1948 — 317
Stripling
1949 — 554, 555, 556
Strobel, Jean
1948 — 19
Stromherg v. California
1949 — 253, 570
Strong, Anna Louise
1948 — 97, 107, 199, 227,
228, 246, 261, 274,
326, 329, 343, 352
1949 — 105, 124, 179, 457,
471, 539, 548, 689
1951 — 93, 130, 133
1953—131, 174, 175, 256
1955—326, 334
Strong, Edward
1948—180
1949 — 546
Strong, William
1948 — 146
Strovich, William I.
1948 — 248
Struble, Dr. Mildred
1948 — 171
Strudwick, Jane
1948 — 211
Strudwick, Shepperd
1948—211
Struggle Against Imperialist
War
1949 — 135, 146, 147, 148,
471, 558, 701, 708
Struggle Against War and
Fascisin
1957 — 106
Struggle Behind the Iron
Curtain
1949—654
Struggle for Red China, The
1957—136
Struggle for the Bolshevik
Party, The
1949 — 191
Struggle for the World
1949—653
Struick, Dirk J.
1953 — 131, 139, 172, 173,
177, 279, 280
Struik, Dr. Dirk J.
1948 — 186, 208, 270
1949—449, 454, 482, 490,
499, 502, 509, 512,
516, 518-520, 522,
528, 533, 536, 537,
549, 562
1951 — 271, 272, 275, 278
Struik, Dirk J.
1955—320
Stuart, Gloria
1948_97, 250, 252. 255,
256, 257, 277, 278
1949—689
362
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Stuart, John
1948 — 97, 329, 340
1949 — 124
Stuart, Louise
1948 — 356
Stubbs, Ethel
1951 — 267
Stubbs. George
1951—267
Student Advocate
1948 — 255, 377
1949—403
Student Comes Home From
America
1957—129
Student Congress Against
War
1948 — 67, 325
1949—360
Student Councils for
Academic Freedom
1949 — 147, 559
Student Division, Labor
Youth League
1957 — 22
Student League for
Industrial Democracy
1948 — 178, 338
1951 — 9
1953—161
Student Legislative Council
\^^^ 33
Student Outlook
1948—49. 225
1949 — 403, 547
Student Periew
1948 — 225, 377
1949—403
Student Ri^rhts Association
1948 — 6
1949 — 361
1959 — 130
Student Union
1957—100
Student Veterans Coordi-
nating Committee
1948—338
Students Civil Liberties
Union
1953—283
Students for Democratic
Action
1959—72, 79
Students for TS'allace
1949 — 361, 558
1951_14. 24, 37, 111, 112.
113, 114, 116, 117,
162
1957 — 30
Studio Cinetechnicians,
Local 23968
1947 — 177
Studio Grips, Local 80
1947 — 177
Studio Mechanics, Local 468
1947 — 177
Studio Painters Union
1947 — 169. 170
Studio Projectionists.
Local 165
1947 — 177
Stuetz, Edward
1943 — 225. 242
Stukovsky. Paul
1948 — 268
1949 — 464
Stumns. Paul
1948 — 249
Sturdevant, A. H.
1947 — 239
Sturm. Abeilung (S. A.)
1943 — 220
Sturtevant, A. J.
1948 — 19
Sturtevant, Roy
1947 — 242
1949 — 436
Stutschka
1949 — 162
Stuyvelaar, Herman
1948 — 249
1949 — 429, 430
Su, Frank Kai-ming
1948 — 198
Subcommittee on Internal
Security, U. S. Senate
1953—122, 127, 130, 141,
149, 164, 167, 190,
211
Subversive Activities
Control Act
1959 — 191
Subversive Activities
Control Board
1959 — 39, 120, 142, 144,
184, 185, 203
Subversive Activities of
Japanese in California
1943 — ^322
Subversive Groups
1943 — 8-10
Subversive Influence in the
Educational Process
1959 — 55, 57, 87
Subversive Registration Act
of 1941
1945 233
1949 — 307, 604, 703, 706
Suchman, Professor
Edward A.
1949—482
Suchman, Mrs. Edward
1943 — 61, 96
Sudeten Area
1943 — 220
Sues, Ilona Ralf
1948 — 198
Sugar, Maurice
1948 — 265, 272, 331, 332
1949—541
1951 — 203
1953—172, 175, 177
Suhl, Juri
1949 — 486
Sullivan, Barry
1948 — 211
Sullivan, Glenda
1948 — 164
Sullivan, Roy W.
1948 — 359
Sullivan, T. R.
1949 — 177
Sullivan, Walter J.
1947 — 59
Sullivan, Mrs. Winnie
1949 — 437
Sulzberger, C. L.
1949 — 218
Suma, Yakachuro
1943 — 340
Summari/ of Trends and
Development
1949 — 654
1951—269, 287
Summai-y Stispension Act
1959 — 191
Summers, Lane
1951 — 157
Suminers, Marion
1947—106
Summers, Thane
1951 — 157
Sun Lake Drug Co.
1948—343
Srin Rises in the West
1943 — 147, 149
1948—362
Sun Shines Over the
Sangkau River, The
1957—135
Sun Yat-Sen
1948 — 273
Sun Yat-Sen, Madame
1957 — 133, 136, 137, 138
Sunday Observer
1951 — 279
Sunday Pictorial
1951 — 279
Sunday Worker
1947 — 61
1948 — 225, 226, 325
1949 — 179
Sunder Singh
1953—219
Sunshine Bureau
1943 — 373
Sunshine, H. L.
1953 — 79, 92, 94, 95, 96,
97, 98, 99, 108, 111,
120. 121, 128
Sunshine, Hennie
1948 — 356
Superintendent of
Documents
1951—290
Superintendent of Public
Instruction
1959—39, 40
Superior Court of the
County of Los Angeles
1947—171
Supreme Court, California
1955 — 51, 53
1959 — 192, 204
Supreme Court, Florida
1959 — 202
Supreme Court, Germany
1959 — 203
Supreme Court, New
Hampshire
1959—192
Supreme Court, New Mexico
1959 — 102
Supreme Court, Ohio
1959 — 193
Supreme Court of United
States
1953 — 148,
180,
181,
182,
186
1959 — 38,
51,
120,
125,
128,
129,
131,
133,
134,
135,
141.
149.
560
306,
316.
348,
151, 155, 156, 187,
199, 200, 202, 203,
204, 206
Supreme Court Will Not
Have the Last Word,
The
1959 — 190
Sure, Jane Grodzins
1955 — 300, 301, 315,
Sure, Dr. Marvin S.
1955 — 235. 260, 261, 262,
300, 303. 305.
310. 312, 315,
319. 338, 347.
357, 360, 391
1959 — 125
Surge. The
1948 — 225
Surolnik, Sam
1955 — 389
Survey As-sociates. Inc.
1949 — 467
Survey Graphic
1948—325
1949 — 539
Sutcliffe, Jack
1948—286
Sutherland
1947 — 180, 181
Sutherland, Edward
1948—255
Sutherland, Genevieve
1948 — 19
Sutter Junior High School
1955 — 421
Sutton, Lenore (Lee)
1955—^252, 253, 254, 255,
256, 257, 258, 259,
260, 358
Sutton, Senator Louis G.
1948 — 3, 9, 12, 13
1949 — 7
1951—1
Sutton, Olive
1948—226, 343
Sutton, Ronald
1955—254, 303, 316, 317,
358
Sutton. Rowland
1955—289
Svenchansky, Alexander H.
1959—176
Sverdrup, Dr. Harold U.
1948—170, 171
Svornost
1949 — 181
Swabeck, Ames
1948—273
Swabeck, Arne
1949—177
Swan, Howard
1948 — 171
Swanhuyser, Jane
1948—151
Swanson, Carl
1948 — 162
Swanson, Jess N.
1953 — 79. 84
Swanson, Victor
1947—78-80
1949 — 424
Sward, Dr. Keith
1947 — 72
1948 — 198, 279
Swatantar, Teja Sinerh
1953 — 231
Swenney, John M.
1947—81
Sweethearts of Service Men
1948 — 186, 378, 379
1949—361, 562
Sweeting-, Howard Edwin
1949 — 482
1951 — 281
Sweets, William M.
1949 — 482, 490, 500, 501,
521, 535
Sweezy, Paul M.
1949 — 482, 483, 490, 495,
500, 527, 531
1951 — 153
Sweesy v. Neio Hampshire
1959 — 192, 197
Sweres, Mrs. Mary A.
1948 — 93
Swerling, Jo
1948—252, 255
Swetnick, Nick
1949—414
Swett, Dr. Wilbur F.
1959 — 184
Swierczewiski, Gen. Karol
1948—100
1949—555
Swift, Florence
1947 — 94
Swift, John
1949 — 172
Swigetti, Joseph
1947 — 96
Swinburne, Curt
1948 — 114
Swing, Raymond
1948—109, 324, 358
INDEX
Swope, Gerald
1948 — 324
Sydnor, Earl
1948 — 274
1949—472, 482, 500
Sylva, Jeanette
1947 — 249
Syka, Andrew
]951— 130, 131, 132, 135,
142, 150
Sytz, Professor Florence
1949 — 482
Szigeti, Joseph
1948—254, 317
Szyg-ula, Mr.
1949 — 121
Szyk, Arthur
19 49—482, 490, 500, 502,
503, 509. 513, 527
TVA
1949 — 60
T and T — Trend and Time
1948—225
1949—404, 548
Tabak, Louis
1947—239
1948 — 355
Tabb, Rev. Morgan A.
1948 — 182
1949—560
Tabor, Mrs. Marg-aret
1949 — 602
Tabora, George
1949 — 482
Tabori, George
1949 — 514
Tabouis, Genevieve
1948 — 323
Tac
1948 — 225
1949 — 403
Taff, A. B.
1951 — 267
Tait, Dr. Clinton J.
1948 — 109, 110, 201, 233,
351, 358, 359
Taft, Senator
1959 — 151
Taft-Hartley Act
1951 — 89, 263
1959 — 102, 189
Taagard, Genevieve
1945—121, 126, 127
1948 — 97, 114, 181, 194,
227, 228, 244, 270,
274, 277, 390, 391
1949 — 457, 472
Taitvan, Under U. S. Armed
Occupation
1957 — 132
Talbott, Glenn J.
1948 — 321
1949 — 449
Talk About the Communist
Party, A
1948 — 48, 57
Tallentire Jubilee Com-
mittee
1953—175
Tamaris, Helen
1949 — 482, 483, 490, 500,
501, 515, 521, 522,
531, 534
Tanabe, Fumio
1948 — 198
Tanaka, Baron
1943—325
Tanaka, Masajo
1943 — 350
Tanaka Memorial
1943—329
363
Tanaka, Togo
1943—332-337
1945—50, 51
Tandy, Prances
1948 — 220
Tangen, Eddie
1947—152, 163
1949—146
1951 — 281
Tangen, Gladys
1947—152
Tanguy, Colonel
1949 — 555
Tank, Herb
1948—343
Tanner, Harry
1948 — 343
Tanner, Henry
1949 — 689
Tanney, Arno
1948 — 356
Tanning, Prof. John B.
1948 — 226
Tanouye, Sgt. Harry
1948 — 183
Tansman, Alexandre
1948 — 317
Tanz, Alfred L.
1948 — 272
Tar Heel. The
1959—53
Tarasov, Ivan
1948 — 177
1951 — 286
Tarbell, Ida M.
1948 — 248
Tarcai, Mary
1948—97, 104
Tarjan, Singh
1953 — 216
Tarn, Adam
1959—174
Tarnoff, Harry
1943 — 166
Tarnowsky, Nicholas
1949 — 414
Tarr, Florence William
1947—331
Tarzana Elementary School
1955 — 420
Tashjian, Dr. Vaughn A. K.
1943—60, 74, 153, 155,
168-170, 175
1948—222
1959—118
Tasker, Robert
1943 — 160
Tasks of the Proletariat in
Our Revolution
1949 — 192
Tasks of the Youth
Leagues, The
1949 — 26
Tass
1949 — 44
Tatlock, Prof. John S. P.
1948 — 145
Tatum-Washburn Bureau
1943 — 373
Taubman, Howard
1948 — 240
Taulu, Saini
194S— 259
Tausig, Lillian
1947—179
Tavris, Sam
1948 — 344
Tayama, Fred Masaru
1943 — 332, 337, 343-346
1945 53 54
Taylor, Prof. C. Fayette
1948 — 109
Tavlor, Deems
1948—241, 331
Taylor, Dr. Dermot
1957—56-57. 103
364
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Taylor, Frank
Teheran Conference
1943—163
1945 — 102
Taylor, Senator Glenn H.
1949—20, 39, 97, 419
1948—202
Teheran — Our Path in
1949—627, 629, 689
Peace and War
Taylor, Graham R.
1947—21, 24, 37
1948 — 170
1953—69
Taylor, Grover
Teigan, Henrj- G.
1947—155
1948 — 248, 310
Taylor, H.
Teitel, Leah
1955 — IS
1948 — 266
Taylor, John C.
Teja Singh Azad
1947—36, 38, 43
1953 — 221, 222, 231,
241,
Taylor, John H.
243, 246
1947 — 75
Tell the West
Taylor, Kilen
1949 — 653
1948 — 343
1951 — 48
Taylor, Leland H.
Temoie, Edward V.
1949—482
1949 — 415
Taylor, Maurice
Temple Hospital
1948-340
1955—99, 134. 251
Taylor, Pauline
Temple, Dr. Ruth
1959—185
1947 — 97
Taylor, "William
1948—183
1953 — 107
Temple University
1959—172
1948 — 338
Taylor, William C.
Templin, Jacques B.
1949 — 546
1953 — 278
Teachers and Controversial
Ten Days That Shook The
Questions
World
1953-180
1943—118
Teachers' Bulletin
1959—137
1953 — 135, 148
Tenner, Harry
Teachers' Kit
1951—267
1953—187, 188, 189, 198
Tenner, Jack
Teachers Union
1955—308, 315
1943—136, 141
1959 — 135
1951 — 10
Tennessee Valley Authority
1959 — 20
1959 — 173
Teachers Union, Local 5,
Tenney Committee
A. P. of L.
1949 — 95, 541. 610,
611,
1959—94
648. 657
Teachers Union of New
1951—31, 173
York
Tenney Committee, The
1948—379
1959—49
1959 — 86
Tenney, Helen
Teacher-Worker
1959 — 174
1949 — 404
Tenney, Jack B.
Teachings of Karl Marx,
1943 — 5, 6
The
1945—5, 30, 144-145
1949—192
1947 — 4, 108, 118
-120,
Teachings of Marx for
124, 127, 129,
133.
Boys and Girls
140, 147, 150,
152,
1943 — 32
156, 184, 189,
193,
Teamsters' Union
197, 198, 222,
251.
1949 — 476
253, 254, 256
-266.
Teamwork for Health
268, 269, 272
-274.
1955 — 112
277-281, 283
-286.
Teamsters Union
288, 289. 291.
293,
1959 — 108, 109
296, 297, 300
-307,
Technical America
310, 328, 329,
331,
1947 — 202
332, 334. 335,
339.
Techniques of Communism,
341, 344-346,
348.
The
349, 352-355,
362.
1959—27, 85, 126
372
Technocracy
1948 — 3. 4, 8, 9, 11
. 12.
1943 — 376
59, 110. 146
-150.
Tedesche, Rev. Dr.
219, 220. 222.
2P8-
Sidney S.
332, 347-349,
387,
1949 — 482
388
Tedrow, Irene
1949—1, 7, 8. 438,
601,
1948 — 97
602, 603. 605,
606.
Teen-Ag-e Art Club
613, 614, 623,
629,
1948—188
634, 646, 647.
653.
1949 — 361
684, 685, 695.
696,
Teen Age Mock Congress
698, 699. 702
1948—184
1951 — 1, 52, 75, 82,
251,
Teeners' Topics
1948—49, 225
1949—404, 546
290
Tennev, Mr.s. Linnie
1948 — 4. 14
1949—8, 9
Teen Life
Tenney State Legislative
1948 — 225
Committee
1949—404, 546
1949—277
Teeter, Marian
Tenor. Jon
1955—391
1948—356
Tenth Anniversary Celebra-
tion of People's Daily
World
1948—56
Tepp, Herman
1947 — 185
Tepper, Rubin
1959 — 204
Terkel, Studs
1949 — 482, 490, 509
Terlin, Rose
1948 — 180, 193, 208
Terman, Lewis M.
1948 — 329, 352, 358
Terminiello Case
1951 — 40
Terrazas, Mrs. Irene
1955—390
Terrazas, Mauricio
1955—390
Terrill, Katherine
1948 — 151, 162, 181, 193,
227, 228
1949 — 457
Terris, Dr. Milton
1949 — 482
Terry, Jessie L.
1947 — 97
1948 — 152, 183, 358, 359
1949 — 689
1953 — 79, 93, 120, 121
Terry, Mrs. Linnie
1943—7
1947 — 4
Tesch, Stanley
1947 — 152
Testimonial Dinner for
Ferdinand C. Smith
1948 — 35
Testimonial Dinner to Vito
Marcantonio
1949 — 361
Testimonial to Carol King
1949 — 635
Texas Civil Rights
Congress
1949 — 446
Text of Speeches by
J. V. SUilin
1951—153
Textile Workers Joint
Council
1947 93
Textile Workers, C. I. O.
1948—339
1949 — 343
Textile Workers, Local 223
1947 — 93
Thackrey, T. O.
(Theodore O.)
1949 — 483. 490, 500, 524
Thaleman, Comrade
1959—165
Than, Joseph
1948—211
1955 — 462, 463
That Boy Nikolka
1949 — 539
Thatcher. Heather
1948—358
Thaver, Donald
1947 — 83, 84, 90, 91
Thayer, Russell
1948—151
Thayer, V. T.
1948 — 321
1953—175
Theater Committee for De-
fense of the Spanish
Republic
1948 — 124
Theater Committee to Aid
Spanish Democracy
1948 — 377
1949—362
INDEX
365
rheatre Arts Committee
-1047 — 190
1948—52, 97, 142. 225,
257, 366, 367, 377,
378
1949 — 362, 403, 454, 515
rheatre Committee
1948—323
Theatre Union
1948—128, 370
Theatre Work Shop
1948—225, 370
1949—404
Theodore Dreiser Work
Shop
1948—392
1949—362 . ,
Theoretical Principles of
Marxism
1949—192
Theory of Capitalist
Development
1951—153
Theory of the Aorarian
Question
1949—192 ^ , .
Theory of the Dictatorship
of the Proletariat
1949 — 191
Theory of the Proletarian
Revolution
1949 — 191
Therv, Jacques
1947 — 72
1948 — 279
They Still Can't Come
Home. Etc.
1957 — 131
They Talk Again of Peace
1943 — 313
Thibodeaux, AI
1955—388. 390, 391
Thielmann, Urban
1948—311
Thierman, Dr. Sheppard C.
1955—87. 88. 381
Thies, Kent Hammond
1949 — 596
Thimmes, .James
1945 — 148
Things to Come
1943 — 365
Think Clearly
1948 — 160
Third American Writers
Congress
1948 — 126
Third Annual Convention of
the Los Angeles County
Communist Party
1948 — 253
Third Congress of the Com-
intern
1953 — 226
Third International
1945—83, 85
1949 — 32, 85, 104,
156, 206, 232,
2"^!, 297, 353,
579
1951—8
1957 — 90, 92
Third Party Movement
1949—470
Third Reich
1943—243
Thirteenth Congressional
District Communist
Partv, Chairman for
1951—84
Thirty-day Program
1943—368, 375
Thirty-three Years of
Progress
1957—138
Thirty Years of Service in
the American Civil Lib-
erties Union
1955—349
Tliis Is My Story
1949 — 654
Tills Is Treason
1948 — 103
This Is Your Enemy
1948 — 102
This Masquerade
1959 — 167
Tliis We Face
1959—157
Thomas Committee
1948_60, 110, 116, 132,
146, 152, 164, 189,
202, 241, 258, 260,
274, 330, 3S7, 388
Thomas, Elbert D.
1948 — 324
Thomas, Everett C.
1948 — 186
1949 — 562
Thomas, Frank
1947 — 73
Thomas, G. A.
1949 — 437
Thomas, Congressman J.
Parnell
194S — 59, 110, 149
Thomas Jefferson Branch of
the Communist Party
1948 — 215
Thomas, Laura
1948 — 220
Thomas, Lloyd W.
1955—1, 2, 5, 6, 18, 19,
21, 25, 28, 29, 30,
31, 34, 35, 39, 40,
47
Thomas, Mary
1948—343
Thomas, Mr.
1955 — 424
Thomas, Norman
1948—145, 179, 247, 334,
336
1957 — 83
Thomas, Paine
1951 — 153
Thomas, R. J.
1945 — 148
1948 — 318, 321, 323
1953—172
Thomas, V. L.
1947—75
Thomas v. Collins
1949—567, 568
Thoinasen, Ruth
1949—596
Thompson, Craig
1951—260, 263
Thompson, Dolphin
1948 — 378
1949 — 557
Thompson, Dorothy
1947—288
1948—207
Thompson, Francis
1949—520 .
Thompson, Frederick
1947—79,90,93
194S_94, 116, 216, 233,
329, 352, 358
1949 — 424, 554
Thompson, George
1955—226
Thompson, Jackie
1948—220
'^\°9^rii4'^"r02';°164^-211
Thompson, John F.^^^ 276
372
1951—1
133
233
365
Thompson, John F.
1959 — 204
Thompson, Knute
1948 — 333
Thompson, Lela
1953 — 263
Thompson, Leo
1947 — 77
1949—179, 423
Thompson, Louis
1948 — 266
Thompson, Louise
1943 — 102
194S — 268, 333
1949 — 464, 545
Thompson, R.
1948 — 331
Thompson, Randall
1948—317
1949—482, 500, 502, 510,
523
Thompson, Ray
1947—227
1948 — 213, 220
Thompson, Robert
1947—227
1948—185, 186, 212, 213
1949—108, 109, 144, 166,
455, 522, 561, 562
1959 — 32
Thompson, Ronald
1948 — 95
Thompson, Rev. T. K.
1949—482
Thompson, Virgil
1948—311, 331
Thorek, Dr. Max
1948—323
Thorez, Maurice
1947—25
1949—10, 133, 134, 161,
487
1957 — 90
Thornhill v. Alabama
1949 — 568
Thornton, Frank
1948 — 19
Thornton, J. W.
1943—61, 63
Thornton, James N.
1948 — 94
1949 — 554
Thornton, Oliver
1943 — 159
1947 — 295
1948—244, 256
1949—689
Thrasher, Edward L.
1943—322, 342
Threatening Catastrophe
And How To Fight It,
The
1949—192
Three Names Bureau
1943—373
Three Sources and Compo-
nent Parts of Marxism,
The
1949—190
Three Who Made a
Revolution
1949 — 653
Threkel, L. L.
1949—437
Throckmorton, Rev. Dillon
Wesley
1 047 ''42
i948— 145, 163, 233, 329,
352
1949—436
Thurber, James
1945 — 127
1948—240
Thurn, Ernest
1949—482, 500, 519
366
UN-AMERICAN ACTWITIES IN CALIFORNIA
Tichinsky, Bertha
1955 — 391
Tichinskv, Joe
1955—391
Tidiitos
1943 — ?05, 206
Tietz, J. B.
1948 — 109, 110
Tikhanov, Nikolai
1953—233
Tildeii, Samuel J.
1948 — 355
Tiller, Dixie
1948 — 185
Tim e
1947—117
1951 — 163, 243
1953—215
Timclv Books Bureau
1943 — 380
Timlin, Paul
1947 — 164
Timms, Josephine
1948 — 141, 183, 227, 22S
229, 230, 329
1949 — 456, 458, 546
Tins' Ling-
1957 — 135
Ting- Ti
1957 — 136
Tinker, C. B.
1948—331
Tinker, General
1945 — 22
Tinkler, Kenneth
1947 — 352
Tinslev, Ted
1948 — 343
Tippett, Dr. Donald W.
1947 — 97
1948 — 183, 241
Tippy, Dr. Worth M.
194«; — 193
Tischler, Hans
1957 — 5S
Tishman, Paul
194'^ — 354
Titelman, Len
1949 — 428. 433
Titelman, Lory
1947 — 72
1049 — 428, 434
Titelman. Mrs. Lory
1947 — 73
Title, Dr. B. N.
1955 — 390
Title, Sam
195.5 — 391
Titleman, Laurie
1955 — 388
Titleman, Nathan
1948 — 311, 314
Tito, .Tosip Broz
1947—44, 197
1948 — 66, 140, 229, 241
1949—10, 101, 117, 127,
273, 310, 414
1951 — 130, ?73
1953 — 229, 275
1955 — 301, 394
1957 — 85, 92. 96
1959 — 42. 174, 180
Tito's Imperial
Comtnunism
1949 — 654
Titoists
1959 — 105
Tittle, Ernest Fremont
1948—321
Tittlman, Leonard
1948 — 279
Tivel
1953 — 230
Toback, James
1943 — 60, 132, 135, 145
Tobev, Berkeley
1948 — 375
Tobey, Clarence
1948 — 213
1951—174
1953 — 257
Tobias, Channing H.
1948 — 151, 226, 328, 329
377
Tobriner. Matthew
1947 — 79
1948 — 329. 352
Tobriner. Rosabelle
194S— 376
Toby, Merle
1948—19
Toch, Ernest
1948—317
Todd, Louise
1943 — 37
1948 — 213, 249
1951 — 177, 187, 188, 189,
191
Togliatti, Palmiro
1948 — 241
127,
134,
128,
161,
131,
239,
1949—10
133
310
1953 — 136
Toiler. The
1948 — 242, 376
1949 — 404
Tokio
1943—360, 362. 372, 373
Toledano. Lombardo
1951—273, 274
195 3—137
Toledano, Vinoento
Lombardo
1945 — 104
1959 — 95, 96
Tolin, Ernest
1955 — 298
Tolins, Nan
1943 — 125-127, 133
Toller, Ernest
1948 — 194, .".89
Tolman, Dr. Edward C.
1948 — 112, 113, 218, 352
1951—92. 93. 114
1953 — 175, 176, 177, 280,
281, 282
Tolson, Melvin B.
1947 — 106
Tolstoi, Alexei
1949—413
Tomas
194.5 — 119
Tomas, Jesus Hernandez
1948 — 133
Tomkins, Warwick
1947 — 88
Tom Moonev Case, The
1951 — 199
Tom Mooney Defense
Committee
1943 — 63
Tom Mooney Labor School ;
see also California La-
bor School
1947 — 28, 63, 71, 78, 79,
87, 98-100, 103
1948 — 11, 176, 195, 216,
217
1949 — 288, 362, 376, 415,
422, 424
1951 — 64, 258
1953 — 272
1959 — 137, 184
Tomorroio The World
1948—190
Tom Paine Club
1948—215
Tom Paine School
1949 — 362
Tom Paine School of Social
Science
1949 — 362
Tom Payne Club
1955 — 432
Tompkins, Ann
1948 — 184
1949 — 561
Tompkins, Dr. Stuart R.
1948-171
Tone, Franchot
1948 — 252, 310
Tong, Chu
1951—278
Tookey, Pat
1948 — 213
Tooker, Dorothea
1948 — 198
Toopekoff, Eusfene
1947 — 41, 42
1948 — 8, 215. 220
Toothaker, Rev.
Franklin M.
1947 — 242
19 49 — 436
Topchevskv, Morris
1948 — 95
Torch
1957 — 58
Torchenko, M.
1948 — 268
1949 — 464
Tor 071 ts. The
1948 — 276
Torok, Matthew
1947 — 97
1948 — 183
Torrence, Ridgely
1948 — 331
Total Espionag^e
1945—203
To the Collective Farm
Shock-Brif/ade
Workers
1949 — 192
Toumayian Club
1949 — 362
Toveri
1948 — 225
1949—404
Toward the Seizure of
Poiver
1949 — 192
Tower, Prof. Ralph B.
1949 — 482
Towle, Prof. Charlotte
1949—482
Town Hall (Philadelphia)
1948 — 103
Town Meeting of Youth
1949 — 362
Towne, Clara
1948—161
1949—689
Towne, Dr. E. B.
1948 — 145
Townsend Clubs
1947 — 241
Townsend Clubs of Calif.
1949 — 435
Townsend, Leo
1959—116
Townsend Movement
1949 — 437, 438
Townsend, Dr. Francis E.
1948 — 195, 203
Townsend, L. A.
1943 — 284, 310
Townsend, Leo
1948 — 211, 372
Townsend, Mollie
1948 — 339
Townsend, Willard
1948 — 351
INDEX
367
Towster, Dr. Julian
I'Jd'J — S8
Toy, Fred
llMb — 1S4, 185
i;)49 — 5G1
Trachtenberg, Alexander
1943 — lis, 121, 126, 128
lii47 — 68, 267
1948 — 117, 194, 213, 214,
270, 274
1949 — 177, 320, 420, 463,
472, 487, 492
1951 — 55, 56, 269
1953 — 175
1957 — SO
Trachtenberg, Rabbi
Joshua
1948—352
Tracy, E. F.
1948 — 329, 352
Trade Union Advisory
Coinmittee
1949 — 302
Trade Union Commission of
Los Angeles County
Commimist Party
1943—141
Trade Union Committee for
Free Spain
1948 — 217
1949 — 363
Trade Union Committee for
Repeal of the Smith
Act
1953 — 277
Trade Union Committee on
Industrial Espionage
1949—363
Trade Union Committee to
Put America Back to
Work
1949—363
Trade Union Educational
League
194S — -9, 225
1949 — 174, 215, 216, 363,
364, 391
1953—58
1955—399
1959 — 90
Trade Union National
Cominittee for Russian
Relief
1948 — 169
1949 — 363, 412
Trade Union Service, Inc.
in4S — 49
1949 — 181. 363, 460, 461
Trade Union Theatre
1948 — 392
1949—364, 543
Trade Union Unity League
1948 — 35, 36, 38," 143, 145
1949—296, 363 — 365
1951 — 261
19r;3 — 59
1959 — 90, 92
Trade Union Women's
Committee for Peace
1949 — 364
Trade Unions
1943 — 76
Trainor, Frank
1951 — 229
Tran.=fer of Membership
1943—121
Transmission Belt
1943—121
Transmission Belt Front
Organization
1943 — 89, 90
Transmission Belts
1943 — 102, 103
Ti-ansport Workers Union
1947 — 267
1948 — 212
1959—93
Transport Workers Union
of America, Local 250
1947 — 93
Traub, Shepard
1947 — 239
Traube, Mildred
1948 — 278
Traube, Shepard
1948 — 199, 355
Trauber, Jerry
1948 — 268
1949 — 464
Travis, Dorothy
1951—267
Travis, Robert
1948 — 95
1949—461
Travis, Sam
1951 — 267
Traynor, Roger, Justice
1955 — 51
Tree, Dorothv
1948—277, 278, 356
Trenk, Willy
1948 — 356
Trenton Case
1957 — 108
Tresca, Carlo
1951 — 273
Treskin, Alex
1948 — 343
Tretyakov, Sergei
1948 — 278
Treuhaft, Decca
1953 — 248
Treuhaft, Mrs. Decker
1953—260, 261
Treuhaft, Robert
1955 — 49, 50
1959 — 124, 132
Treuhaft, Mrs. Robert
1955 50
Treuhaft, Robert E.
1953—260, 282
Tri-City Advisory Com-
mittee, The
1955—2, 15, 23, 32
Tri-City Chapter of Amer-
ican Veterans Com-
mittee
1951—267
Triest, Robert
1947 — 179
Trillingham, C. C.
1948—386
Trimble, Bruce R.
1948 — 321
Trinity Baptist Church
(Los Angeles)
1948 — 339
Trinity College
1957 — 56
Trinity Methodist Church
(Bakersfleld)
1948 — 163
Trinkaus, Dr. Charles
1948 — 482, 500, 509, 518
Trip, John
1955—52
Trivers, Barry
1948 — 97, 261
Trivers, Paul
1951 — 53, 57
Troiano, Rose
1948 — 180
Trojan Horse Cavalry
1943 — 91
Trojan Oicl
1947 — 354-356
Trojan, The
1949—559
Trono, S. A.
1948 — 323
Trotsky, Leon
1943—36, 41
1945 — 84, 85
1947—15, 311
1948 — 156, 190, 192, 300,
301
1949 — 28, 62, 69, 85, 87,
95, 162, 248, 358
1951 — 48, 143, 272, 273
1953 — 26, 27, 28, 29, 30,
31, 32, 33, 34, 35,
36, 37, 38, 39, 40,
41, 42, 43, 44, 45,
57, 74
1957—31, 43, 73, 84, 85,
90, 91, 98, 99, 109
1959—88
Trotsky, Nathalia
1953 — 39
1957 — 62
Trotsky, Nina
1953 — 39
Trotsky, Sedov
1953 — 39
Trotsky, Sergei
1953 — 39
Trotsky, Zinaida
1953—39
Trotskyites
1943—36
1951 — 41
1957 — 30-33, 68, 74, 76,
84, 86, 88, 90, 91,
94, 97, 109, 113,
118
1959 — 36, 37
Trott, Lamar
1945 — 116
Trowel Club
1948 — 15
Troy, Danny
1948 — 344
Troy, alary
1947 — 65
1949—418
True Americans
1943—256
True Equality Bureau
1943 — 373
Truehaft, Decca
1951 — 264
Truehaft, Robert
1951 — 254, 256
Truman Doctrine
1948—87, 184, 319, 350,
374
1949 — 74, 486, 561
Truman, Harry S
1947—98, 205, 217, 274
1948 — 59, 181, 197, 202,
205, 206
1949 — 51, 74, 106,
108,
452,
595
112, 120, 147,
524, 531, 532,
1951 — 23, 52
1959 — 29, 140, 151, 190
Trumbo, Dalton
1947 — 97, 106, 141, 239,
286
1948 — 59, 60, 97, 105, 116,
132-140, 176, 183,
185, 189, 190, 192,
198, 215, 239, 249,
251, 255, 257, 261,
271, 279, 311, 355,
360, 375
1949 — 140, 469, 478, 482,
484, 490, 500, 501,
504, 508, 509, 510,
512, 514, 516, 519,
520, 522, 523, 524,
527, 528, 531, 536,
368
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Trumbo, Dalton — Continued
537, 545, 561, 679,
6S9
1951 — 53, 54, 56, 57, 58,
59, 60, 64, 65, 268,
271, 272, 275
1953—131, 139, 172, 173
1955 — 294
Trumbull, Walter
1943 — 102
1948 — 107, 386
1949 — 302
1951 — 179
Truth About England, The
1943—258, 366, 372
Trvth About Riissia, The
1949 — 539
Truth Aboiit Soviet Russia
1948—225, 326
1949—548
Trybuna Rohotnicza
1948 — 225
1949 — 404
Tse-Tung, Mao
1949 — 103
Tsien Hsue-shen
1957 — 130
Tuchler, Mrs. Lois
1947 — 242
1949 — 430
Tucker, Rt. Rev. Henry
St. George
1948 — 324
Tucker, Mrs. James Ellis
1948—145
Tug-ent, Mrs. Harry
1948—255
Tug-well, Rexford G.
1948 — 239
1953—172, 176
Tukashevskv
1947—292
Tulelake Relocation
CGntGr
1945—45-47, 52, 53, 55-58,
60, 61, 127
Tulin, Justin Wise
1948 — 244
Tully, Dr. H. G.
1951 — 267
Tully, Jim
1948—329, 352
Tulsa University
1948 — 339
Tuoni, Gilbert
1943 — 284, 290, 291, 312
Turco, Renzo
1943—284, 295, 29G, 304,
321
Turner, Bill
1947 — 90
Turner, Ethel
194S— 358
Turner, Dr. Ewing L.
1955 — 70, 77, 81, 82, 83
84, 85, 395
Turner, Gilbert W.
1947 — 97
1948 — 183
Turner, Jeanette Stern
1948 — 228, 230
1949 — 458, 459
1951 — 278
Turner, Lawrence E.
1955 — 390
Turner, Leo
1947 — 209
Turner, Lily
1948—141, 198
Turner, Prof. Ralph H.
1949 — 482, 500, 518
Turner, Walter
1948—231, 241
1949—459
Turner v. Williams
1949 — 249
Turning Point
1948 — 123, 171
Turnvereins
1943 — 239
Turpeau, Rev.
1955—106, 109
Tussing, Ford M.
1948—19
Tutt, Charles Henry
1943—284, 315, 316
Tuttle, Frank
X9 45 127
1947—71, 73, 169, 189, 240
1948—97, 114, 152, 198,
231, 250, 252, 253,
255-258, 276, 279,
329, 355, 358, 374,
378, 382, 390
1949 422
1951 — 53, 57, 58, 59, 60,
92, 93, 268, 286
1953 — 131, 172, 176
1955 — 443, 445, 450
1959 — 116
Tuttle, Tatanla
1948 — 277, 278, 310
Twelve Months That
Changed the World
1949 — 539
Twentieth Century
Bookshop
1953 — 256
1957—1
1959 — 137
Twentieth Century Book
Store
1947 — 272, 275
1948 — 224
1949 — 364, 365
1951—175, 176, 178
Twentieth Gentry Fox
1947 — 364
Twentieth Century
Philosophy
1949 — 539
Twenty-flfth Anniversary
of the Red Armv
1948 — 319
Twichell, Allan A.
1949 — 483
Twine, Everett
1948 — 340
Tioo Decades of Progress
1948 — 224
Tivo Fathers of Their
Countries
1948—143
Tv:o Internationals, The
1953 — 231
Tivo Tactics of Social De-
mocracfi in the Demo-
cratic Revolution
1949 — 192
Tyler, Capt. Harry W.
1948 — 295
Tyler, Jerrv
1947 — 152, 163
Tyler, Margaret
1947 — 152
Tvler, Dr. R. G.
1948—249
Tyler, Rev. William A.
1948—329, 352
Tyne, George
1948 — 104, 355
T yolaisnainen
194S — 225
1949 — 404
Tyomies
1948 — 225
1949 — 405, 467
Tyre, Milton
1947—73
1948 — 59, 116, 146, 148,
149
1949—689
Tywerousky, Oscar
1949—177
u
JJ. E. Steward
1953 — 190
U. N. — see United Nations
U. O. P. P. A. — see United
Organizations for Pro-
gressive Political Ac-
tion
U. S. Motors
1959 — 99
V. S. News & World Report
1951 — 4, 251
1959—199
U. S. S. R.
1949 539
U. S. S. R. Fact Sheet
1953 279
U. S. S. R. Foreign Policy
1949 — 187
U. S. -Soviet Friendship
Congress
1953—172
U. S. Week
1947 — 210
1948—225
1949 — 405
UCLAN
1957—23
Uerkvitz, Herta
1955—303
UERMMWA, Local 1412
1953 — 259
Ufheil, Edwin F.
1948 — 343
Ullman, William Ludwig
1959—172, 175
UNESCO
1949 — 485
1959—97
UHL
1949—249
Uhrin, John
1955 — 390
UJ Elore
1948 — 225
1949 — 405
UjcTch, Vincent
1949 — 414
Ujoich, Winko
1948—268
1949 — 464
Ukranian- American
Fraternal Union
1949—466
Ukranian Daily Keios
1949 — 181, 405, 414
Ukranian Relief Committee
1949—365
Ulbricht, Walter
1951 — 40, 41
Ulianov, Vladimir Ulyich
1953 — 25, 28
Ulyanov, Vladimir Ilyitch
1949 — 190
Umehara, Rev. Shinyru
1943 — 327
Un-American Activities
Committee in the State
of Washington
1951 — 5
Un-American Groups
1943 — 8, 9
Underground Stream
1948—117
Unemployed Conference of
Studio Unions
1943 — 162
1947 — 169
Unemployed Councils
1949 — 174, 343, 365
INDEX
369
Unemployed Councils
Committee
19 49 — 365
Unemployed Councils of St.
Petersburg
1949 — 373
Unger, Abraham
1951 — 263, 275
Ungar v. Seaman
1949 — 246
Union Nacional Sinarchista
1943—201
Union of California Veter-
ans— see also Union of
Progressive Veterans
19r,l — 28 S
1953 — S9
Union of Concerted Peace
Efforts
1949—365
Union of Progressive
Veterans
1951 — 287-291
1953—247
Union of Soviet Socialist
Republics — see Russia
Union of Soviet Writers
1949 — 476, 485, 497
Union of Technician Men
1947—201
1951—201
1955—48
Union Sports Club
1943 — 300
Union Theological
Seminary
1948—246
Unitarian Church
1955 — 99, 390
Unitarian Church of
Los Angeles
1945—143
19 49 — 63 4
Unitarian Church Society
1943—119
Unitarian Felloyi^ship
1948 — 339
Unitarian Fellowship for
Social Justice
1955 — 292, 293, 326
Unitarian Public Forum
1955 — 329, 333
Unitarian Young Adult
Group (Berkeley)
1948—339
United Action Committee
1949 — 365, 366
United Aid for Peoples of
African Descent
1948 — 73, 75
1949—365, 551
United American Artists
1948—52
1949 — 366, 453, 455
United American Spanish
Aid Committee
1948—115, 141, 270, 330,
353
1949—282, 366, 511
United Artists Corp.
19 47 — 364
United Auto Workers,
C. I. O.
194S — 3S, 280
1949 — 437
United Automobile, Aircraft
and Agricultural Im-
plement Workers
1949 — 567
United Automobile Workers,
Local 76
1947—93
United Automobile Workers
of America, CIO
1949 — 419, 677
1959—23
United Brotherhood of Elec-
trical Workers
1949 — 437
United Cannery, Agricultur-
al, Packing and Allied
Workers of America
1943 — 87
1948—38, 76, 212, 235
1949 — 475
1953—63
1959 — 94, 209
United Cannery, Packing
and Allied Workers of
America
19 47 — 39
United China Relief
1959 — 20
United Christian Council
for Democracy
1948—338
United Christian Youth
Fellowship
1951 — 25
United Citizens for Democ-
racy of Houston, Texas
1949 — 446
United Committee for
Political Action
1948—259
United Committee of Action
1948- 3S6
1949—365, 366
United Committee of South
Slavic Americans
1948—66, 75
1949—127, 366, 414, 551
United Committee to Save
the Jewish State and
the United Nations
1949—366
United Communist Party of
America
1949—157, 193, 194, 233,
298
United Conference of South
Slavic Americans
1949—414
United Electrical, Radio
and Machine Workers
1959 — 41
United Electrical, Radio,
and Machine Workers
of America
1947—93
1948 — 38, 100, 137, 212,
223, 339, 346
1949 — 456, 475, 677
1953 — 63, 187, 190, 191,
19 8
1955 — 390
United Electrical, Radio
and Machinists Union
1959 — 94
United Electrical Workers
1949—629
1955-388
United Electrical Workers
Union
1959 — 99
United Farm Equipment
and Machine Workers
—CIO
1948 — 38
United Farm Equipment
and Metal Workers of
America
1948—205, 212
1949 — 475
1953—63
United Farmer
1948 — 225
1949 — 405
United Farmers' League
1943 — 37, 38
1949—367
United Federal Workers of
America
1947—218. 219
1948 — 212, 379, 380
1953 — 63, 127, 130, 132,
260
1959—13, 94
United Front
1957-106
1959—17, 18. 21, 23, 35,
36, 37, 38, 40, 90.
124, 136, 143, 144,
169, 171, 179
United Front Against
Fascism
1949 — 135, 617
United Front for Herndon
1948—335
1949—367
United Front from Below
1949-134, 135, 137
United Furniture Workers,
Local 262
1947 — 93
1948—207, 212, 221
1949—475
United Furniture Workers
of America
1953—63, 65
1955—68
United Furniture Workers
of America, Local 576
1955 — 388, 390
United Harlem Tenants and
Consumers Organization
1949 — 367
United May Day Committee
1948 — 336
1949 — 367, 453
United May Day
Conference
1949—367
United May Day
Provisional Committee
1949—367
United Mine, Mill and
Smelter Workers
1959 — 34, 41, 99
United Mine, Mill and
Smelter Workers of
America
1953 — 64, 190
1 955, 5g
United Mine, Mill and
Smelter Workers of
America, Loral 700
195.5—390
United Mine Workers
1953 — 62
United Minute Men and
Women of America
1943 — 250, 251
United Nations
1949—13, 17, 43. 45, 48.
49, 61, 64, 74, 92,
107, 111, 119. 231.
264. 366, 443. 495,
625, 641
1953—122
1959_fi0, 97, 138, 143,
176
United Nations Assembly
1949 — 16, 35
United Nations Conference
in San Francisco
1951 — 65
United Nations Security
Council
1949 — 49, 107
1959 — 184
United Negro and Allied
Veterans
1948—203, 338, 339, 378
1949 — 367, 369, 449, 553,
556, 557
:70
UN-AMERICAN ACTIVITIES IN CALIFORNIA
United OfRce and Pro-
fessional Worliers of
America C. I. O.
1947 — 84, 219, 267
1948 — 7, 38, 52, 73, 115,
130, 212, 234, 339,
340
1949 — 475
1951 — 25
1953 — 64
1955 — 48, 49
1959 — 134
United Office and Profes-
sional Workers Union
1947 — 163
1959 — 94
United OfRce and Profes-
sional Workers, Local
223
1947 — 93
United Office and Profes-
sional Workers, Local
225
1947 — 93, 199
United Organizations for
Progressive Political
Action
1959 — 18, 19, 21, 22, 34,
137, 209
United Packinghouse
Workers, CIO
1948 — 204, 339
1949 — 446
United Press
1948 — 343
1949 — 47
United Progressive News
1947 — 295
2 959 iQ
United Public Workers, CIO
1947—219
194S — 38, 60, 72, 73, 203,
212, 272, 280, 339,
379, 380, 381
1949 — 437, 475
United Public Workers,
Local 503
1947—93
United Public Workers of
America
1953 — 3, 80, 107, 118, 124,
125, 126, 127, 131,
132, 148, 191, 245
1959 — 52, 55, 99
United Public Workers of
America, Local 246
1953 — 125
United Public Workers of
America, New York
Teachers Local
1953 — 135
United Public Workers v.
Mitchell
1949—573
United Shoe Workers of
America
1953 — 64
United Shoe Workers
Union
1959 — 94
United Socialist Party
1949 — 46
United Spanish Aid
Committee
1947 — 219
1948 — 234, 253, 381, 382
1949 — 324, 367
1951 — 59
United States District Court
of San Francisco
1953 — 214
United States Air Force
1959—209
U. S. Army
1951—24, 27, 28, 53, 79,
179
1959 — 175, 176, 209
United States Army Disci-
plinary Barracks, Al-
catraz
1951 — ISO, 186
United States Army
Provost Marshal
1951 — 233
United States Army
Transport Service
1947 — 161
United States Attorney
General
1951—94, 264, 280, 288,
290
United States Congress
Against War
1948 — 150, 320, 385
1949—278, 368, 487
United States Department
of Agriculture
1959 — 101, 172
United States Department
of Commerce
1959 — 173
United States Department
of Defense
1959—103
United States Department
of Justice
1951—33, 55, 64, 66, 88,
95, 130, 133, 161,
279, 286
J 95 5 45
1959 — 128, 140, 150, 172,
183, 196
United States Department
of Labor
1947 — 83
1959 — 128-173
United States Department
of State
1951 — 103, 129, 134, 139,
150, 236
1959 — 129, 172, 191, 192,
194, 195, 196, 203
United States Engineers
Departinent
1945 — 22
United States ex rel Martin
Ahern v. Wallace
1947 — 8
United States Government
Departments
1959 — 56
LTnited States Housing
Authority
1947—209
United States Immigration
and Naturalization
Service
1951 — 179
1959 — 129, 156
LTnited States Marine Corps
1959—175
L^nited States Maritime
Service
1947 — 162
United States Merchant
Marine
1947 — 161, 162
United States Navy
1959 — 175, 209
United States of Europe
1949 — 31
United States Printing
Office
1959—48
United States, President
1951 — 184
United States Public
Health Service
1955 — 224
United States Railroad
Retirement Board
1959—174
United States Secretary of
Labor
1949—280
United States Supreme
Court
1949—183, 186, 246, 567,
56S, 570, 572, 574,
607, 641
1959—38, 51, 120, 125,
128, 129, 131, 133,
134, 135, 141, 149,
151, 155, 156, 187,
199, 200, 202, 203,
204, 206
U. S. Supreme Court,
Justice
1951—184, 262
United States Treasury
Department
1959—172
United States v. Curran
1949 — 246
United States v. Deyinis
1955 — 61
United States v. Lovett
1949 — 573
Unitd States v. Perkins
1949 — 246
United States v. Reinier
1949—246
United Slates v. Smith
1949 — 246
United States v. Witkovich
1959 — 192
United States Veterans
Council
1948 — 386
1949—368
United Steel Workers — CIO
1948 — 38, 205, 221
United Steel Workers of
America
1953 — 259
United Steel Workers of
America, District No. 38
1947 — 93
United Steel Workers of
America, Local 1440
1947 — 93
United Student Peace
Committee
1949—368
United Studio Technicians
Guild
1947—172
1948 — 38
1949—636
United Tannery Workers
Union
1959 — 94
United Transport Service
Employees, Local 905
1947 — 93
United Transport Workers
of America
1953 — 64
United Veterans for
Equality
1948 — 378
1949 — 369, 556
United World Federalists
1959 — 145
United Youth Committee
Against Lynching
1949 — 369
United Yugoslav Committee
1949 — 414
Universal Distributors
1949—463
INDEX
371
Universal Institute for
Rpsearc]i and
Administration
1943 — 364
Universal Nesro Improve-
ment Association
1048—333
Universal Pictures, Inc.
1947 — 363
Universal Service
Corporation
1943 — 364, 367, 370
ITniversitv Hicli School
1951—35, 103, 127
University of Berlin
1953—141, 230
University of Bonn
1953—8
University of California
1943—115
1948-5, 6, S, 95, 162,
172, 179, 352, 373,
389 390
1949— 90,"91, 378, 424,
425, 706
1951 — 25, 29, 31, 33, 36,
50, 51, 52, 53, 56,
61, 63, 64, 67, 73,
74, 75, 77, 78, 79,
82, 85, 91, 94, 95,
114, 133, 147, 148,
155, 164, 169, 175.
176, 179, 186, 198,
199, 201, 202, 208,
213, 214, 229, 230,
231, 232, 233, 235,
237, 238, 242, 264
1953— 1.'^3, 135, 194, 223,
251, 259, 262
1955 — 148, 160, 438
1957 — 15. 102, 123
1959 — 58. 1.?2. 184
University of California,
Academic Senate
1951 — 69, 70, 71, 72, 73,
74, 82, 92. 94, 114
1959 — 81, 82, 83, 84
University of California,
Berkeley
1943—114
1947 — 41, 64. 70. 78. 79,
81, 83. 88. 93-95,
98, 101, 105. 109,
111, 205. 209, 212,
252, 253, 278, 279,
321, 370
1949 — 416
1955 — 48. 49
1957 — 1, 2
1959 — 49. 81. 83, 126, 129,
130, 134
University of California,
Controller of
1951—68, 69, 75
University of California,
Davis
1959 — 81
University of California,
Law School
1959 — 126, 129, 130
University of California,
Los Angeles
1943—114
1945 11^
1947—64, 67. 70-72, 95,
97, 98, 102, 107,
108, 130, 187, 188,
191, 245, 257-259,
263, 264
1948 — 162, 170, 177, 179,
182, 187, 188, 258,
280, 311, 317, 349,
369, 389, 390
1949 — 389, 416, 419, 421,
422, 438, 559, 560
1951 — 24, 26, 27, 34 50
51, 52, 53, 54, 55,"
56, 60, 61, 62, 64,
65, 81, 82, 84, 85
95. 101. -[W.. 104,
105, 106, 107, 108,
109, 110, 111, 112,
113, 114, 115, 116,
117, lis, 122, 127,
131, 132, 133, 134,
145, 147, 148. 149,
150, 151, 155, 160,
162, 175, 237, 284,
1953 — Too, 101, 128, 133,
201
1955 — 88. 108, 148. 177.
186, 209, 419, 420,
421. 423, 444
1957 — 1-56. 77, 89, 97,
98, 99. 103 104,
114, 116. 123
1959 — 9. 10. 37, 53, 54,
58, 127, 207
University of California,
Los Anareles, School
of Medicine
1955—146, 147, 160, 209
University of California
Press
1947-107, 369
1948 — 373
1951 — 53, 61
University of California,
Radiation Laboratory
1951 — ISO, 198, 200, 202,
208, 213. 226. 298.
229, 230, 231, 232
233, 234
1959 — 117. 119
University of California,
Regents
1951^61, 68, 69, 70, 71,
72, 73, 74
1959—59, 82, 83
University of California,
Riverside
1957 — 29
University of California,
San Francisco
1957 — 52
1959—81
University of California,
Santa Barbara
1957 — 29
University of California
School of Jurisprudence
1955 — 50
Univprsitv of California,
Y. W. C. A.
1948 — 389
University of Chicago
1951—9, 73
1953—270
1955 — 332
Universitv of Mexico, Rector
1951—272
ITniversitv of Michigan
1948 — 338, 339
University of Minnesota
1955 — 171
1957 — 9, 16
1959 — 45
Universitv of Mississippi
1955—410
University of Missouri
1957—132
Universitv of Montana
1948—325
1949 — 539
University of North
Carolina
1948 — 325
1949—539
1959—53
University of Oklahoma
194 8 — 339
University of Oxford
Medical School
1955—151
Universitv of Peking
1957—129
University of Pennsylvania
1948—245,338
1951 — 237
University of Pittsburgh
1951—237
Universitv of Punjab
1953—213
Universitv of Rennes
1957 — 89
Universitv of San Francisco
1947—102, 285
1953—1, 133, 184
University of Southern
California
1947 — 60, 61, 188, 354-356
1949 — 559
1951—24, 27, 37, 85
1953 — 1, 100, 111, 112.
113,115, 116, 133
1955—87, 88, 160, 161,
454
University of Southern Cali-
fornia, Economics
Department
1953—112
University of Southern
California, School
of Dentistry
1955 — 99
University of Southern
California, School
of Medicine
1955 — 99, 160, 162, 174
University of Syracuse
1957—16
University of Tennessee
1951 — 228
Universitv of Texas
1948 — 339
University of Toledo
1948 — 245
University of Utah, School
of Pharmacy
1955 — 107
University of Vienna
1955 — 207
1957 — 89
Universitv of Washington
1951 — 97, 101, 102, 153,
154, 157, 159
1953 — 201, 202, 203, 204,
206, 223, 256
1955 — 406
1957 — 8, 9, 10. 11, 12
Universitv of Wisconsin
1951—237
Untermann, Ernest
1948 — 107
Untermeyer, Frank
1957 — 59
Untermeyer, Jean Starr
1945—127
1948—240
Untermeyer, Louis
1945—127
1948 — 240, 331, 392
1949—482, 483, 490, 491,
500, 503, 506, 507,
509, 510, 513, 514,
515, 516, 518, 525,
527, 528, 531, 535,
536, 537, 544
Unti, Gloria
1949 — 429, 431
Upper West Side Civil
Rights Congress
1949 — 446, 449
372
UN-AMERICAN ACTIVITIES IN CAUFORNIA
Uralova, Evadokia L.
1948 — 177, 178
1949 — 460
1951 — 286
Urey, Prof. Harold C.
1948 — 175, 217, 327
Urie, Harold
1947 — 102
Uris, Michael
1947 — 73
1948 — 378
1949 — 557
Urriza, Juan
1947 — 89
1949 — 425
Urzad Bezpieczenstwa
(UB)
1949 — 122, 123
Usiva (Soviet Administra-
tion of German Proper-
ties in Austria)
1949 — 55
U. S. S. R.
2949 5^9
U. S. S. R. Fact Sheet
1953 — 272
U. S. S. R. Foreign Policy
1949 — 187
U. S.-Soviet Friendship
Congress
1953 — 172
Utility Workers Joint
Council
1947 — 93
Utility Workers of America
1957 — 147
Utility Workers Organizing
Committee, Local 133
1947 — 93
Utley, Freda
1949—103, 654
Utopia
1945—70
Utopian and Scientific
1949 — 190
Utopians
1945—70, 71
UUS ILM
1948 — 225
1949 — 406
Vadalis
1949—555
Vail, Larry
1947 — 80
Vail, Sol
1949—548
Vaillant-Couturie, Mme.
Marie-Claude
1948 — 228
1949 — 318, 319, 457
Vakhtangov
1953—234
Vale, Rena M.
1943—61, 122-134, 136,
137, 140-144, 147,
149, 151, 153, 156,
157, 162-166, 168-
175, 198
1945 — 6, lis, 132
1947—47, 73, 74, 169, 261
1948 — 152, 224, 256, 314,
316, 347, 362
Vale. Rena Marie
1955 — 197
1959—21, 24, 25, 26, 208
Vale, Sonnv
1949 — 542
Valentine, Edward R.
1947 — 19
Valeska Theatre
1948 — 100
Valetski, G.
1949 — 172
V^alley, Frank
1948 — 311, 313
Valtin, Jan
1949 — 653
Value, frlcBj and Profit
1949 — 190, 191
Van Arsdale, Harry
1948 — 162
Van Atta, Dr. Chester
i94i — 240
1948 — 355
Van Bebber, A. J.
1947 — 155
Van Clief, Jeffry
1951 — 27s
Van Dalsan, Newton
1955 — 397
Van De Kar, Catherine
11)55- — 392
Van De Kar, Joseph
1955 — 392
van den Drescht, Jacques
1953 — 40, 41
Vandergoot, Elna
1955 — 416
van der Schelling, Bart
1948 — 100
Van Doren, Carl
1945 — 127
194S — 331
Van Doren, Mark
1948 — 240, 241, 263, 331,
338
Van Dorn, Pete
1948—285
van Dusseldorp, Wilnia
1948 — 376
Van Gelder, Philip H.
1948-323
Van Heflin, Mrs.
1948 — 211
Van Horn, Olive
1949 — 482, 500, 505
Van Kleeck, Mary
1948 — 113, 132, 169, 170,
181, 194, 201, 228,
244, 277, 324, 341,
357 375
1949—458', 482, 490, 491,
498, 501, 502, 503,
505, 509, 510, 512,
516, 519, 524, 525,
526, 527, 528, 530,
531, 532, 534, 689
1951 — 56, 241, 271, 272,
275, 281, 286, 287
1953 — 131, 171, 172, 174,
175, 176, 280, 281
Van Lacken
1948 — 283
Van Luven, Kenneth
1048 — 188
1949 — 563
Van Meter, Baron Fred-
erick
1943 — 225, 233, 275, 276
Van Meter, Daniel E.
1943 — 225, 234, 259, 266,
271, 275
Van Meter, James Adams
1943 — 225, 234, 258, 275,
276
Van Metre, Prof. Thurman
William
1949—482, 500, 518
Van Tassel, Alfred
1959 — 173, 174, 175, 176
Van Tress, Ben
1945 — 175
Van Nordstrand, Joseph
1948 — 163
Van Possen, Piene
1948 — 234
Van Praag, ]\Iaurice
1948 — 311
Vandenberg, Senator
1949 — 64, 74
Vanderbie, C. L.
1945 — 137
1947 — 67
1949 — 419
Vanderbilt, Arthur T.
1959 — 206
Vanderbilt, Mr.
1947 — 364
Vanderlaan, Eldred C.
1948 — 334
Vanderlaan, Justice
(Justin)
1953 — 257
Vanderlaan, Justin
1953 — 259
Vanderveer, G. F.
1948 — 107
Vandervoort, Penn
1949 — 428, 432
Vandervort, Mrs. Ralph
1948 — 239
1949 — 435
Vanderver, Lloyd K.
1953 — 277, 279, 282
Vanguard Films, Inc.
1948 — 2G0
Vanguard Press
1948 — 145
1949 — 369, 406
Vanguarda
194S — 225
1949 — 406
Vanguardia Popular
1949 — 46
Vannier, Leon
1948 — 215
Vannier, Marcelle
1948 — 220
Vareso, Edgar
1948 — 311
Varga, E.
1949 — 34, 162, 191
Variety
1948-128, 129, 165
Varlamov, Leonid
1953 — 234
Varnell, Mrs. Lena
1949 — 437
Vassiliev, B.
1959 — 154, 156, 157, 158,
167, 168, 171, 187
Vasquez, Angel
1955 — 388
Vassos, John
1948—168
Vast, Fred
1948 — 233, 343
Vaughan, Clifford
1948 — 317
Vanghan, Eleanor
1948 — 228, 230
1949 — 457, 458, 459, 546
Vaughn, Hilda
1949—482, 535
Vavilov, N. I.
1949 — 496
Veblen, Professor Oswald
1948 — 327
1949 — 482, 490, 495, 499,
502, 504, 507, 512,
531
Vedro, Carl
1948—213
Vedro, Fay Caller (see Fay
Caller)
1949—562
Vega
1945-8, 10, 11, 28
Vega, Pete
1949 — 438
Velaseo, Alec
1948 — 259
INDEX
373
Velde, Cliairman, House
Committee on Un-
American Activities
1953—211
^''elde, Harold
1959 — 39
Velyatich, Ivan
1948 — 259
Vemelot
1959 — 212
Venable.TWrs. Zella
194S— 19
Verbeck, Mr. and Mrs.
Howard
1949 — 69S
Verde, Helen
1951—229
Veritas Foundation
1959—53
Vernadsky, Prof. George
1948 — 324
Verne, Mignon
1948—278
Vernlc, M.
1955 — 389
Vernon
1951—27
Vernon, John
1948—104
Verostek, Dr. B. R.
1943 — 257
Versailles Treaty
1949 — S9
Veteran Home Buyers'
Association
1953—103
Veteran News
1948—385
1949 — 406
Veterans Against
Discrimination
1948 — 378
1949 — 446
Veterans Against Discrim-
ination of Civil Rights
Congress of New York
1948 — 122
1949 — 369, 515
Veterans and Wives
1948-318, 378
1949 — 369, 373
Veterans Association
(New York)
1948 — 338
Veterans National Liaison
Committee
1948 — 386
1949 — 369
Veterans of Equality
1948 — 318
1949 — 369
Veterans of Foreign Wars
1943—7
1945 — 6
1947—5, 229, 230
1948-16, 18, 41, 43, 386
1949 — 437
Veterans of the Abraham
Lincoln Brigade
1948—93, 96, 100, 116,
124, 125, 191, 218,
225, 259, 342, 382
1949 — 147, 369, 396, 466,
548, 553, 554, 556
1951 — 93, 287
1953 — 281
Veterans of the Philippine
Campaign
1949 — 370
Veterans Publishing Co.
1949—547
Veterans Service Center
1949—673
Vickerson, Kathleen
1953—261
Vickland, Clarence M.
1959—184
Vickland, Harriet
1959 — 184
Victor, Abe
1955 — 389
Victor, Don
1948 — 211
Victor, Sarah
1955—389
Victory — and After
1943 — 13
Victory Book Store
1948 — 224
1949 — 370
Vida Obrera
1948 — 225
1949—406
Vidale, Vitorio — see also
Coutreras, Carlos
1951—273, 274
Vidor, Charles
1948 — 252
Vidor, Mrs. Charles
1947—240
Vienybe
1948-225
1949 — 406
Views of tlie News
1943 — 54
Villard, Oswald Garrison
1948 — 109, 114, 181, 196,
211, 247, 327, 33'4,
351, 352, 391
Vlllasenor, Pedro B.
1945 — 197, 198, 204
Villion
1957 — 96
Vilnis
1948 — 225
1949—406
Vincent, Craig
1948 — 323
1949—538
Vincent, John Carter
1959 — 172
Vincent, Merle D.
1948 — 226, 328
Vinson Decision
1959 — 149, 150
Vinson, Fred
1959—198
Vinson, Owen
1947—179
Vinton, Evelyn
1948—164
Vinton, Margaret
1948 — 329, 352
Violich, Francis
1947 — 94
Virgil Junior High School
1948 — 184
Virgo, Peter
1948 — 356
Vishinski (Vishinsky),
Andrei
1949 — 16, 35, 42, 49, 80,
107, 116, 645
Vitaly
1959—211
Vittorini, Elio
1947 — 106
Vladimir Lenin, a Political
Biography
1949 — 193
Vladimir, Xmara
1955 — 389
Vladimirov
1949 — 498
Vogel, Joseph
1948—266
Vogel. Mortimer
1948—355
1949 — 689
1955—391
Vogel, Mortimer, Mrs.
1955 — 391
Vogue
1945 — 18
Voice
1947—154, 163
Voice, The
1943—353, 362
1945—32
Voice of Action
1949 — 406
Voice of the Federation, The
1943—154
Voice of Freedom
1949 — 407, 547
Voice of Freedom
Committee
1948—192, 193
1949 — 315, 370
Voice of Labor
1949 — 179, 407
Voice of the Rank and File
1948 — 281
Voice of a Right Idea, The
1943—379
Voice of Working Women
1948—225
1949 — 407
Vujnovic V. Curran
1949—246
Voks (see All-Union So-
ciety for Cultural Re-
lations with Foreign-
ers)
1948 — 107, 383
Volu7iteer for Liberty
1948—100, 225
1949 — 407, 548, 556
Volunteer Services to Spain
1943 — 120
Volz, Herman
1948 — 356
Von Breton, Harriet
1947—185
Von Hindenberg
1943—219
Von Hoffmann, General
Max
1949 — 43
Von Norris, Harold
1943 — 382
von Ribbentrop
1953 — 66, 232
von Westphalen, Fannie
1953 — 9
Vonnoh, Bessie P.
1948 — 331
Voorhies, Fred
1948 — 293
Voorhis Act
1951 — 263
Voorhis Registration Bill
1949 — 541, 576
Vorhaus, Bernard
1948 — 211
Voroshilov
1957—84
Voroshilov, General
1953 — 33, 45
Voroshilov, K.
1949—193
Vorse, Mary Heaton
1945 — 119
194S — 273
1949 — 471
Vosbrink, Ralph
1947—151, 163
Voters Committee of the
Arts and Sciences
1948 — 262
Vovnow, Andrew
1949 — 545
Vruch, Mrs. Murray
1948 — 149
Vuchinich, George
1959—174
374
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Vucinich, George
1959 — 174
Vucinich, Dr. Wayne S.
1951 — 130, 139, 140, 14
142, 144, 145, 15:
168
Vulinec, Anthony
1951 — 160, 161, 162, 163
Vulinec, Elizabeth
1951 — 160, 161, 162, 163
Vurek, George
1947 — 89, 91
1949—425
Vur;:;ason, Joseph A.
1948 — 19
Vyshinskv
1953 — 45
w
WBXX Radio Station
1948 — 264
WEVD Radio Station
1948 — 264
W. P. T. U. — see World
Federation of Trade
Unions
W. I. I. U.
1949 — 473
WXEW Radio Station
1948 — 264
WNYC Radio Station
1948 — 264
W. P. A. — see Works Proj-
ect Administration
Wacher, Abe
1955 — 389
Wachs, Henry
1947 — 89
1949 — 425
Wachsman, Bob
1947 — 185, 240
1948—255, 317, 355
Wachsman, Rhea
1955 — 387
Wachtel, Arthur
1948 — 377
"Waohter, Billie
1949 — 429, 432
Wachter, Saul
1953—277, 279, 282
M'adleigh Case
1959—188
Wadleigh, Julian
1959 — 172, 173
Wadsworth, Officer
1957 — 19
Wage-Lahor and Capital
19)9 — 190, 191
Waa-enknecht, Alfred
1948 — 266
1949—157
Wagner, Alice
1948 — 94
19 49 — 554
Wagner, E. A.
1948 — 316
Wagner, John
1948 — 163
Wagner, Robert P.
1948—181, 351
Wagshol, Bob
1949 — 548
Wahlenmaier, Clarence
Vernon
1943 — 60
Wakayama Seinen Kai
1943 — 323
Wald, Jerrv
1948 — ?11, 252
Wald, Lillian D.
1948 — 248
Waldbaum, Saul C.
1948 — 266
AValdeck, Mr. Louis
1948 — 198, 200
Walden, Clara
1955 — 391
Walden, Clare R.
1, 1948 — 170
5, Walden, Michael A.
194S — 170
Waldman, Herman
1948 — 356
1955 — 112
Waldman, Rose, Mrs.
1955 — 112
Waldron, Prank
1949—129
1951 — 205
Waldron, Rose
1955 — 315
Wales, Nvm
1949 — 482, 490, 505
Walker, Charles R.
1948 — 244, 266
Walker, Doris Brin
1955 — 48, 49, 50, 51, 52,
53, 54, 59, 63, 64,
67, 68, 69
1959—124, 132, 134, 135
W'alker, Perdie
1948—20
Walker, Hudson
1948 — 323
1949 — 5 38
Walker, Margaret
1955 — 391
Walker, Thelma
19 48 — 356
Walker, Thelma C.
1955 — 391
Wall, Edward
19 48 — 4
Wall Street Journal
1953—189
1959 — 150
Wallace, Ann
1955 — 301
Wallace, Bettv Sue
1953 — 248, 267
Wallace, Carl
1948—19
Wallace, George
1943—61, 177,
180,
181,
183, 184,
186,
188,
194, 196,
197.
198
1959—131
Wallace, Henry
1955 — 4, 5, 12
Wallace, Henry A
1947 — 233, 321
1948—58, 59, 183, 184
, 206,
217, 354
1949 — 51, 131,
288,
292,
316, 317,
448,
469,
470, 472,
477,
482,
483, 489,
500,
502,
503, 505,
506,
507,
509, 510,
514,
515,
516, 519,
523.
525,
526, 529,
530,
532,
535, 561,
619,
627,
629, 679,
685,
689
1951—25. 248,
251,
273,
278
1959 — 28, 29
Vk^allace, J. K.
1948—109
Wallace, James
1948 — 109
Wallace, Jane
1943 — 149, 158, :
159
^Vallace, Jane Dawson
1955—337
Wallace, King, Connor and
Ramsav
1943 — 177-199
Wallace, Pat
1948 — 356
Wallach, Eugene
1959 — 176
Wallach, Meer
1953 — 28
Wallcave, Frances
19 47 — 90
Wallenstein, Alfred
1948—311, 316, 317
1949—691, 697, 698
"Waller, Margaret
194S — 96, 151
Walling, Elizabeth Bacon
1948 — 327
T\^alling, Paula
1943 — 149
Walli.s
1949 — 248
Wallis, Keene
1945 J19
Walls, Bishop W. J.
1948 — 324
1949 — 482
Walsh, Alice
1949 — 596
V^'alsh, Prank P.
1949—341
Walsh, George
19 47 — 155
Walsh, Dr. J. Raymond
1948 — 114, 115, 179, 273,
327, 354, 391
1949 — 471, 482, 489, 490,
499, 503, 505, 512,
514, 516, 530, 689
1953 — 176, 177, 280, 281
Walsh, Julia
1959 — 123
Walsh, W. J.
1949 — 500
Walt Whitman Book Shop
1948 — 224
1949—370
Walt Whitman School of
Social Science
1949 — 370
Walter, General
1949 — 555
Walter v. Northern Ins. Co.
of New York
1949 — 255
Walters, George
1948—94
1949^554
Walton, Prof. Eda Lou
1949 — 482, 488, 499, 502,
508, 509, 510, 511,
512, 518, 524, 525,
532, 536, 537
Wanamaker, Sam
1948 — 392
1949 — 482, 483, 490, 500,
503, 512, 513, 514,
515, 516, 536, 544
Wandling, Harrv
1947 — 330, 332, 333, 334,
335, 336, 341, 343,
344, 346, 353, 354
Wang Shu-tang
1957 — 136
Wangenheim, Gustav
1948 — 278
Wanger, Ruth
1948 — 151
Wanger, Walter
1945—116
1947 — 182, 185, 322
1948 — 132, 255, 309, 358,
360
Wangerin, Otto
1948 — 226, 273, 343
"Wannow.skv, Sadie
1951 — 267
Wanted — A Free Spain
1948—217
War Advertising Council
1949—661
War and the Second Inter-
national, The
19 49 — 192
INDEX
375
War and the Wo7-kers
1949—192
War and the Worl-inp
Classes
1949 — 104, Ififi, ISO, 396,
4n7, 409
War Labor Board
1959— 12S
War Manpower Com-
mission
104!) — 424
1951 — 231, 232
War of Liberation, The
19 49 — 539
War of National Libera-
tion, The
19 49 — 192
War Production Board
1949 — 424
1959 — 174
War. the Coivmunist Parin
and the Soviet Union
1951 — 177
War We Lost. The
1949 — 654
Ward
1949 — 246
Ward, Angela
1949 — 429, 430
Ward, Clarence C.
1943 — 5, 6
Ward, Cortney
1948—163
Ward, Courtney D.
1949 — 448, 449, 454, 548
Ward, Doug
1948 — 213, 343, 358
1949—545
Ward, Estolv
1947 — 64, 65, 163
1948 — 249
1949 — 417, 689
Ward, Harold
19 48 — 19 8
Ward, Harry
1949 — 527
Ward, Dr. Harry F.
1948 — 114, 132, 145, 151,
169, 181, 200, 201,
233-247, 324, 326,
327, 343, 351-353,
1949-
391
-448,
488,
449, 454, 482,
490, 498, 502,
503, 504, 505, 506,
508, 509, 510, 512,
516, 517, 518, 519,
520, 521, 523, 524,
525, 526, 528, 530,
531, 534, 535, 537,
540, 625, 689
1953—171
Ward, Rev. Harry F.
1959 — 184
Ward, Mrs. Harry F.
1948—277, 334
Ward, L. K.
1948 — 343
Ward, Lynd
1948 — 189, 248
Ward, Mildred
1948 — 383
Ward, Theodore
1947 — 106
1949 — 482, 483, 490, 500,
502, 504, 506, 510,
512, 514, 522, 525,
529, 535, 536, 545
Warde, Harlan
1948 — 356
Wardwell, Allen
1948 — 170, 370
Ware Case
1959 — 188
Ware, Mrs. Alice H.
1948 — 163
Ware, Harold
195.3 — 241
Ware, Harold M.
1948—357
1949 — 355
1951—90
Warehouseman's Union,
Local 6
19 47 — 163
AVarfield, Joseph
1948—356
Warmer, Dr. Oeorge A.
1948—185, 358
Warnike, Leon
1948 — 19
Warne, Clore
1943 — 210, 217
1947—240
1948 — 233, 267, 270
332, 355
1949 — 542, 689
Warne, Dr. Colston E.
1948—151, 265, 328, 334
341
1949—482, 483, 486, 488
490, 495, 499, 506
509, 510
519, 522
1951 — 271, 272
Warne, Cora
1951—264
Warner, Arthur
1948 — 247
Warner Brothers
1947 — 364
1953 — 88
Warner Brothers Studio
1947—172
1951—24
10, 100, 101, 115
Mrs. George A.,
330,
512, 518,
530, 689
1959-
Warner
Jr.
1948-
-278
Warner, Dr. William E.
1959 — 86
Warren, Althea
1948 — 171, 353
Warren, Curtis B.
1947 — 88, 94
1949 — 425
Warren, Earl
1943 — 61, 176, 177, 178,
185, 186
1948—261
1951—74
1955-218
1959 — 29, 131, 198-199
Warren, Katherine
1948 — 358
Warren, Robert B.
1943—60
Warren, Stafford L.
1955—146, 147, 148, 149
Warren, Susan
1951 — 278
Warsaw Conference Propa-
ganda Commission
1953 — 275
Wartime Trade Union
Problems
1948 — 148
Warsaw University
1949 — 497
Warzover, Welwel
1949 — 465
Waser, Rev. Raymond A.
1951 — 281
Washburn, Dr. Alfred H.
1949 — 482
Washburn, Mrs. Mary
Ellen
1948 — 195
Washington Book Shop
Association
1949 — 370
Washington Committee for
Aid to China
1948—143, 336
1949 — 371, 384
1953—131
Washington Commlttoo for
Democratic Action
1948 — 335, 342
1949 — 371, 372, 452
1959—140
Washington Committee to
Lift Spanish Embargo
1948—335, 336
1949 — 372
Washington (D. C.) Com-
mittee to Reinstate
Helen Miller
1949—371
Washington Common-
wealth Federation
1949—372
Washington Communist
Party
1949 — 451
Washington Cooperative
Book ShoiJ
1949—370
1959 — 140
Washington Daily Neics
1949—69
Washington Evening Star
1949 — 117, 118, 202
Washington, Fredi
1949 — 482, 500, 501, 514,
515, 516, 521, 522,
525, 534, 537
Washington, Forrester B.
1948—375
Washington Friends of
Spanish Democracy
1948 — 336
1949—372
Washington, George
1955—199
Washington Joint Legisla-
tive Committee on Un-
American Activities
1949—372
Washington League for
Women Shoppers
1948 — 336
Washington Peace
Mobilization
1948 — 342
1949—372
Washington Pension Union
1949 — 372
Washington Post
1948—117, 131
1949—67, 127
Washington State Commit-
tee Investigating TTn-
American Activities
1949—257
Washington State Commit-
tee on Un-American
Activities
1949 — 599, 601
Washington State Fact-
Finding Committee on
Un-American Activities
1949 — 657, 678
1951—97, 98, 102, 153
Washington Times-Herald
1949—104, 120
Washington Tom Mooney
Committee
1948—336
1949—372
Wasilewska, Wanda
1948-326
1949 — 413, 540
Wasserberger, Oscar
1948—311, 317
376
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Wasserstrom, Julius
1955 — 389
Watanabe, Tom, Dr.
1955 — 383
Waterfront Worker
1949 — 407
Waterman, Leland R.
1955—410
1957 — 142-148
Waterman, Leroy
1948—323
Watkins Case
]^y 59 197
Watkins, Franklin
194S— 331
Watkins, Morris
194S — 258
Watkins, Rose
1955 — 388
Watkins v. United States
1959—193 , ^
Watson, Senator Clyde A.
1948—3, 15
1949 — 7, 651
1951—1
Watson, Don, Dr.
1955 — 315
Watson, Goodwin
1948—179, 341
Watson, John S.
1948 — 19
Watson, Keegan
1948—19
Watson, Max
1948—285, 288
Watson, Morris
1948—151, 162, 211, 328,
329, 342. 352, 377,
1949—429, 431, 689
Watt, George
1948 — 213
Wattenberg, Elias
1949 — 464
Watters, Bill
1948—241
Watts, Richard
1948—241
Wax, Hyman Elliot
1943—152, 154, 166
1948 — 201, 316
1949—689
Waxman, A. L.
1947 — 97
Waxman. Al S.
1943 — 210, 217
1945—139, 142, 182, 185-
189, 191, 192
1948_183. 198, 215, 224,
279, 344
Waxman. Franz
1947 — 239
1948 — 255, 317
Waxman, Lola, Mrs.
1955—391
Wav, David
1947—73
Wciv Thinos Are, The
194S — 120
Wavmouth, Mary
TC)4,S — 329, 352
Wavne, John
1959 — 113
Wavne University
1948 — 339
1955—263
We Are Not Cattle
1943 — 371
We Hold These Truths
1948 — 318, 368
Weatherwax, Clara
1945 — 128
1948 — 233, 244, 248, 329,
352
Weatherwax, John M.
1943 — 60, 106, 107, lOS,
1951—275, 281
Web Pressmen, Local 4
1947 — 80
Webb, Beatrice
1948 — 199, 326
Webb, Beatrice and Sidney
1949—539, 540, 548
Webb, Roy
1948 — 311
Web, Sidney
194S — 199, 320
Webber, A. H.
1943 — 61, 84
Webber, Rev. Charles C.
1948 — 271
1949 — 469
Webber, Eric
1948 — 343
1949 — 689
Webber, Max
1948 — 189
Webber, Melvin
1948 — 339
Weber, Frederick Palmer
1959 — 175
Weber, Joe
1948 — 205
Weber, Max
1948 — 97, 202, 248, 263,
324, 329
1949 — 449, 454, 482, 484,
490, 491, 499, 501,
502, 504, 505, 506,
508, 509, 510, 512,
517, 518, 519, 520,
521, 522, 523, 524,
525, 526, 527, 528,
529, 530, 531, 532,
533, 534, 535, 536,
537
1951 — 273
Weber, Otto
1948 — 151
Weber, Palmer
1948—392
Weber, Tom
1947 — 89, 90, 91
1949 — 425
Webster, Cornelius
1949 — 59fi
Webster, Margaret
1948 — 323, 358
1949 — 5'^S
Webster Publishing Co.
1947 — 321
Wechsler. Herbert T.
104S — 265, 266, 331
1049 — 541
T^'ecliFler. .Tames
194S — 108, 196, 197, 377
Weckler. Dr. Joseph
1948 — 171
Weckruf
1943 — 235
Weed in
1949 — 246
Weel'lti Reviev
194S — 98. 186, 225
1949 — 562
Wei Ta-wei
1957 — 132
T\^eidman. Charles
1949 — 482. 490, 500. 505,
508. 509, 515, 533
Weil. Eva S.
1947 — 89
194Q — 425
"Weill. Irma
1948 — 376
Weill. Kurt
1948 — 317, 378
Weimar Republic
1943 — 218
Weinberg, Joseph W.
1951— i8, 79, 219, 222,
225, 227, 228, 2c;0,
233, 234
Weinberg, Lawrence M.
1948 — 332
1949 — 542
Weiner, Abraham S.
1948 — 355
Weiner, Carl
194S — 146
Weiner, Dan
1949 — 482
Weiner, George H.
1947 — 60
Weiner, John
1945 — 31
Weiner, Robert
1947 — 83
Weiner, William
1948—167, 208
1949 — 321, 464, 465
Weinerman, Dr. Richard E.
1955 — 112, 367
Weingardner, Mr.
1947 — 295
Weingarten, Larry
1947 — 240
1948 — 255
Weingarten, Victor
1949 — 547
Weinman, Samuel
1949 — 179
Weinstein, Rabbi Jacob
1948 — 249
Weinstein, Robert
1948 — 380
Weinstock, Lewis
1947 — 227
Weinstock, Louis
1948 — 163, 194, 196, 200,
201, 212, 245
1949—116, 302, 448, 455
1953—173, 174
Weinstone, Wiliam W^.
1949 — 177. 178, 190, 224
Weintraub, David
1959 — 173, 174
Weir, Rita
1943 — 108
Wels, Rabbi J. Max
1948 — 132
Weisberger, Manuel
1955 — 107, 222
Weisbord, Albert
1948 — 107
Weiskoff, Victor
1949 — 495
Weisman, Maxwell N.
1948 — 179, 270
We-'ss. Hilda
1948 — 226
Weiss, Irwin
1948 — 281
Weiss, J.
1948 — 344
Weiss, .Tames Waterman
1948 — 194, 248, 273
Weiss. James Welterman
1949—471
Weis's. Mrs. Lewis Allen
1949—611
Weiss. Marguerite R.
1948 — 146, 149
Weiss. jr.Tx
1947^246
1948 — 186. 213
1949 — 188, 189, 219, 545,
562, 618
1957—80, 93, 121
Weis.s. Sid
1949 — 482, 500, 537
Wei.'^s. Thelma
1948-186
1949—562
INDEX
377
Weissenfeld, Prince Sur
Lippe
1943—243
Weisstein, Miriam
1949 — 429, 430
Welch, Claude L.
1948 — 198, 279
Welch, Frederick
1947—89, 91
1949 — 425
Welch, Marie Del
1948 — 341, 358, 359
Welch, Mary
1949—482
Welch, Nerval
194S — 294, 295, 296, 297
Welch, Ramon
1943—171
1948 — 233
1949 — 428, 433
Welcome Home, Joe
1048 — 102, 138, 147, 183
Weldt, Elizabeth
194S — 377
Welenkin, J.
19 18 — 24 2
Welfare Council. University
of Cnlifornia
1 9 5 3 — 2 5 9
Wellhqnm, Sam
1955 — 391
Weller, Roman
1948 — 107
Welles. Or53on
1945 — 128, 195
194S — 97, 114, 132, 179,
181, 188. 234, 244,
248, 252, 254, 255,
2Cr., ?fi5, 273, 317.
359, 375, 378, 390
1949 — 471, fi89
Welleslev College
1955 — 390
Welman. Saul
1948 — 94, 213
1949 — 179, 553, 556
Welman, Wilhur
1948 — 94
1949 — 554
Wells. Elmer
1955 — 24
Wells. Mrs. Eva T.
1948 — 93
Well.'!. H. G.
1949 — 222
Wells. Orson
1955 — 365, 445
Wells. Roh-^rt Wesley
195,5 — 328
Welsh, Edward
1949 — 178
Weltfish, Dr. Gene
1948 — 19'', 202, 208, 228,
229, 230
1949 — 455, 457, 458, 482,
483, ^90, 491, 500,
501, 502, 503, 505,
506, 512, 515, 516.
517, 520, 5?2, 523,
526, 527, 531, 534,
546, 689
1951 — 271, 281, 286
Weltanschauung
1951 — 14
Wenning-. Henry W.
1953—130
Went. Dr. Fritz W.
1948 — 242
1949 — 482, 490, 500, 526
Wentworth, Henry
19*8 — 94
1949 — 554
Werfel, Franz
1948—323, 324
Worg-len, Don
1948 — 94
1949 — 554
Wermiel, Benjamin
1959 — 174, 176
Werner, G. A.
1959 — 27
Werner, Max
1948 — 234
Wertheim, Maurice
1948—170
Werthimer, Jean
1947—90
Wescott, Glenway
1948 — 331
Wesley, John
1948 — 274
1949 — 472
Wesling, Alfred John Lewis
1943—275
Wesselhoeft, Mary F.
1948 — 329, 352
V/est Adams Club of the
Communist Party
1948—214
1955 — 420
West Adams Women's
Club
1955 — 184
West Bronx Civil Rights
Congress
1949 — 446
West County News
1955 — 24
West, Dan A.
1947—179
West, Don
1947 — 106
1949 — 451, 526
West, George P.
1948 — 358, 359
West Indies National
Emergency Committee
1949 — 453
West, James
1948 — 186
1949 — 562
West, Ma.ior
1949 — 596
West, Nathaniel
1945 — 121
1948 — 273, 310
1949 — 471
West Orange County Neios
1955 — 6
West Virginia State Board
of Education v. Bar-
nette
1949—574
Western Cooperative
Dairyman's Union
1947—242
1949 — 436
Western Council for Pro-
gressive Business, La-
bor and Agriculture
1947 — 194
Western Council for Pro-
gressive Labor and Ag-
riculture
1948 — 383
1949—372
Western Dairymen's
Association
1949 — 437
Western Die Casting Co.
1951 — 209
Western Hemisphere
Defense Pact
1949 — 491
Western Hemisphere Peace
Congress
1949 — 491
Western Society for
Clinical Research
1955 — 221
Western Union Cable Com-
pany
1959—103
Western Union Telegraph
Co.
1955—402
1959—103
Western Worker
1943 — 70, 186, 187
1947 — 36, 64, 190
1948—6, 9, 10, lis, 147,
156, 189, 223
1949—407, 417
1955 — 44
1959—130
Western Writers Congress
1943 — 149
1947 — 103
1948—6, 147, 172
1949—373
Westgaard, Margo
1947—91
Westlake Jewish Culture
Club
1955—389
Westlake Jewish Cultural
Club Executive Com-
mittee
1955 — 391
Westminster Fellowship
1948 — 280, 338
Westminster Herald, The
1955—1, 2, 3, 5, 6, 19, 21,
22, 39
Westminster School
District
1955 — 16, 32, 38, 39, 40
Westmoreland, Marguerita
1948—19
Weston, Chandler
1943 — 131
Weston, Edward
1948 — 216
1949 — 482, 490, 504
Weston, Joe
1948 — 355
Weston, Rev. Robert T.
1948 — 181
Westwood Hills Press
1948 — 390
1957 — 28
Wexlev, John
1945 — 127
1948—104, 189, 194. 238.
275, 382
Weyand, Ruth
1948—265
Weyl, Mrs. Bertha Pool
1948 — 179
Weymouth, Prof. F. W.
1948—163, 175, 185, 249,
271, 329, 353
1949 — 4G9, 482, 490, 500,
502, 506, 509, 512,
517, 518, 524, 525,
527, 535
Weymouth, Dr. Frank
1959 — 184
Weymouth, Dr. and Mrs.
Frank
1948 — 216
Weymouth, Frank W.
1953—139, 173, 254, 280,
281
Weymouth, Frank W., Dr.
1955 — 320
Whacker, Bill
1948 — 343
Whang, Lola
1951—107,
111,
13 3
1957—3, 21, 30
1959—127
108.
116,
109, 110,
117, 119,
378
UN-AMERICAN ACTIVITIES IN CALIFORNIA
What I Saw Inside Red
China
1957—126
What Is Comm-iinism?
1943 — 26
1953 — 61
What Is Leninism f
1949—191
What Is Socialism t
1947—92
What Is to Be Done*
1943 — 21
1949 — 190, 192
What the Supreme Court
Unleashed
1959 — 1S9
What to Do With Germany
1948 — 121
What We Ought to Know
About Communism
1959 — 169, 170
What's on Your Mind
About Russia*
194S — 218
Whedon, Mrs. John
1947 — 242
1948-198
1949 — 436
Wheeldin, Don
]^959 J25
Wheeldin, Donald C.
1955—96, 297, 343, 383,
385
Wheeldin, Herbert
1948—213
Wheeldon, Don
194.8 — 203
Wheeler, Burton K.
1943—256
1947 — 226
Wheeler, Donald Niven
1959 — 174
Wheeler, Helen
1943 — 60, 95, 96
1947 — 89, 242
1948 — 185
1949 — 425, 436
Wheeler, lone Lane
1949 — 596
Wheeler, John L.
1943 — 275, 278
Wheelock, J. H.
1948 — 331
Where Are Yesterday's Foes
of Dictatorship f
1959 4g
Where Do We Stand
Today f
1948—217
Whitacker and Baxter
1955—218
Whitaker, Rev. Robert
1948—233, 241, 358
White Case
1957 — 80
1959 — 188
White Citizens Councils
1957 — 114, 120
White, Dr.
1955 — 108
White, David McKelvey
1948 — 179
1949—546, 548, 626
White, Fannie, Mrs.
1955 — 391
White, Harry Dexter
1955 — 401
1959 — 172
White House
1959—174
White, Jack
1948 — 185
White, Josh
1948 — 392
1949—544
White, Maude
1948 — 266
White Memorial Hospital
1955 — 99
"UHiite Mountain Writers
Conference
1948 — 126
White, Dr. Philip R.
1949 — 482, 500, 531
White, Reginald Louis
1947 — 89
1949—425
T^^hite, Robert E.
1948 — 377
White, Rabbi Saul
1948 — 185
White, Theodore H.
1948 — 240
White, W. F.
1947 — 117
White, Walter
1945 — 116
1957 — 112, 121
White, Wayne
]^949 449
White, William
1949 — 178
White, T^niliam A. P.
1948—216
White, William J.
1948 — 266
Whitebread, Jane
1948—196
White-haired Girl — An
Opera in Five Acts
1957—136
Whitehouse, Mrs.
Norman de R
1948 — 227
T\'hitelv, Prof. Paul L.
1949 — 482
Whitfield, Rev. Owen
1948 — 163
1949—482
Whit'nsr. Lvn
1948—200, 351
Whitman, Alden
1948 — 270
Whitman, Hazel
1948 — 337
Whitmore, Mrs.
1949—437
Whitney
1947 — 364
Whitney, A. F.
1953—131, 171, 172, 174
"Whitney, Alexander F.
1947 — 233, 235, 236
1948 — 151, 181, 244, 273,
324, 343, 351, 354
Whitney, Anita
1943 — 189, 190
1947 — 74, 77
1948 — 107, 185, 213, 266,
267, 358, 359
1949 — 423, 624, 634, 689
1953—175
Whitney v. California
1949—567, 571
Whitney, Caroline
1953—153, 174
Whitney, Glen
1948 — 203
Whitney, Lynn
1948 — 356
Whitney, Mary T.
1948 — 233
Whittier College
1953 — 133
Whitty, Dame May
1948 — 271
1949 — 469
Who Are the Young
Pioneers?
1943—66
Who Does the Work?
1953 — 189
Whole of Their Lives, The
1949 — 653
Wliorton, Jack
19 4 § 3 39
Why Do You Hate Hitler?
X943 251
Why Work for Nothing?
1948 — 194, 195
Wickham, Cora
1943 — 356
Wicks, Harry M.
1949 — 177, 178, 180, 198
Widder, Louis
1948 — 94
1949 — 554
Widdows, Charles H.
1948 — 19
Wleman, Dr. Henry N.
1948 — 151, 323, 352
Wienman, Henry N.
1948 — 132
Wiener, Prof. Norbert
1949 — 482, 490, 509
Wiesalman, Sol
1948 — 233
Wilbur, Brayton
1947—90, 93
Wilbur, Col. James
1959 — 83
Wilby, Celia
1948—161
Wilcox, Francis O.
1959 — 52
Wilcox, Henry
1959—185
Wilcox, Homer G.
1943 — 382
Wilcox, Hugh
1951 — 229
Wilde, Cornel
1948-211
Wilder, Alec
1948 — 392
Wilder, Alvin
1947 — 71, 73, 179, 180,
181, 186, 193, 196
1948 — 219
1949 — 422, 689
1955 — 321
Wilder, Billy
1948-211
"Wilder, Thornton
1948 — 331
Wilder, William
1948 — 252
Wile, Everett
1948 — 184
"Wile, Ira S.
1948—248
Wilev, John
1947 — 163
Wilkerson, Doxey
1948 — 208
1949 — 448, 449, 548
1953 — 72
Wilkerson, Doxie
1959 — 174
Wilkerson, Officer
1957 — 44
Wilkerson, William
1948 — 274
Wilkins, Hubert
1948 — 248
Wilkins, Hugh
1948—152, 233
Wilkins, Roy
1957—108, 118, 121
Wilkins, William
1948—259
INDEX
379
Wilkinson, Frank
1955_184, 321, 333, 343,
3S5, 386, 454
1957 — 149
1959—207, 213, 214, 217,
218
Wilkinson, Mrs. Frank
1959 — 207
Wilkinson, Frank B.
1953—78, 79, 80, S3, 84,
85, 86, 89, 91, 92,
93, 94, 95, 96, 97,
98, 99, 100, 101,
102, 103, 104, 106,
107, lOS, 109, 111,
112, 113, 114, 115,
117, 118, 119, 120,
121, 124, 125. 126,
128, 129, 211
Wilkinson, Jean
1957—149
Wilkinson, Jean Benson
1953_79, 109, 110, 111,
120, 124, 125, 211
1955 — 66, 333
Will, Bert
1947 — 237, 242
Will the Bolsheviks Re-
tain State Power?
1947—237, 242
1949 — 192
Willcox, Mrs. Elsie
1948 — 338
Willcox, Henry
1949 — 483, 489, 500, 518.
527, 537
William Schneiderman-Sam
Darcy Defense
Committees
1953—281
Williams
1949 — 249
Williams, Aaron
1948—378
1949 — 557
Williams, Albert Rhys
1948—199, 227, 228, 245,
326, 358
1949 — 540, 089
1953—173, 175
Williams, Mrs. Albert Rhys
1949—457
Williams, Aubrey
1948 — 181, 354
Williams, Carl
1948—343
Williams, Claudia
1943 — IGO, 163
1945 — 148
Williams, Claude C.
1948 — 131, 211, 324
Williams College
1959 — 85
Williams. David Rhys
1948—266, 273, 353, 358
Williams, Ed
1948 — 333
Williams, Frances
1948—227, 356
1953 — 104
1955 — 387
Williams, Franklin
1957—109, 110, 112, 113,
116-125
Williams, Fred
1947 — 275, 277
1948—215, 220
Williams, George
1953—259
Williams, George E.
1948—311, 313
194'J — 172
Williams, Dr. George H.
1948—185
Williams, Gordon
1947—90, 91, 104
1949—429, 432
1953 — 253, 260
Williams, Mr. and Mrs.
Gordon
1948 — 195
Williams, Tlarry
1949 — 429
Williams, Jay
1949 — 483, 490, 500, 509,
515, 516, 525, 537
Williams, John
1948 — 35, 94
1949—554
W^illiams, Kenneth R.
1949 — 557
Williams, Mannie
1948—146
Williams, Mervin
1948 — 104, 356
Williams, Paul
1943 — 158
Williams, Thomas
1953 — 180
Williams, "Wiggle"
1943—334
Williams, William Carlos
1948 — 248
Williams, William P.
1943 — 279
Williamson, Adina
1953—79, 92, 106, 121.
124, 125
Williamson, Don
1947 — 227
Williamson, John
1948__202-206, 208. 209,
212 213 343
1949—144; 305', 450, 689
1953 — 71
Williamson, John F.
1948 — 317
Willis, Prof. Bailey
1948—112
Wilkie, Wendell
1943 — 232
1947 — 226, 256
Willner, Mrs. George
1948 — 279
Willner, Mrs. Tiba
1948—62
1949 — 470
Wilshire-Carthay
Pharmacy
1951—267
Wilshire Club of the In-
dependent Progressive
Party
1955— 3S9
Wilson
1947 — 72
Wilson, Calvert S.
1948 — 161
Wilson, Rev. Chad
1948-162
Wilson, Dorothy
1948 — 278
Wilson, Earl S.
1953—248
Wilson, Elizabeth
1959—116
Wilson, Dr. Eric
1943—230
Wilson, Frank E.
1948—94
1949 — 55 4
Wilson, George
1948—249, 358, 359
Wilson, Hugh, Dr.
1955—332
Wilson, Joe
1948—384
Wilson, Libby
1948 — 214
Wilson, Sgt. Luke
1959—176
Wilson, Luke W.
19 48 — 354
Wilson, Martel
1948—19
Wilson, M. L.
1948— ISl
Wilson, Mitchell
1949—483. 509
Wilson, Pearl
1943—230
Wilson, Saul
1948 — 261
Wilson, Mrs. T. E.
1948 — 19
Wilson, Teddy
1948 — 186, 249
1949 — 562
Wilson, Thomas
1949 — 548
1959 — 208
Wilson, Walker
1948—266
Wilson, Walter
1948 — 245
Wilson, Woodrow
1947—224
Wilson, Zelma
1955 — 391
Wily, Geraldine
1947 — 152
Winaker, Rabbi
1955—111
Windheim, Marek
1948 — 311
Window Cleaners
Local 44
1947 — 80
Windsor, Mary Jane
1948—185
Winebrenner, Dolph
1943—151, 153, 154, 156,
157
1947—47
1948 — 4, 193
1949 — 689
Winfrey, Mrs. J. H.
1948 — 355
Winkler, Rabbi Mayer
1943—152
Winneman, Paul H.
1948—386
Winner
1948 — 1S2, 383
1949 — 408, 560
AVinocur, Jack
1948 — 141
Winocur, Murray
1949—453
Winokur, Abraham, Rabbi
1955 — 383
Winsor, Iris
1948—278
Winspear, Alban D.
1948 — 95
Winstead, Ralph D.
1945 — 137
1947 — 67. 71
1949 — 419, 422
Winston, Harry
1948—213
Winston, Henry
1948 — 213
1949—145, 188, 545, 689
1959—151
Winter, Carl
1945—130, 138
1947—04, 65, 70, 129, 201,
296, 303
1949—145, 417, 418, 421,
547
1951—201
1953—72
380
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Winter, Ella
1943 — 150
1945 — 121, 127
1947 — 77
1948—4, 114, 151, 152,
189, 193, 194, 227,
249, 277, 32C, 328,
341, 377
1949—105, 109, 397, 423,
457, 483, 486, 488,
489, 490, 491, 499,
501, 503, 504, 505,
508, 509, 510, 512,
514, 515, 516, 517,
519, 520, 521, 524,
526, 528, 529, 530,
531, 532, 534, 535,
537, 539, 689
1951—92, 272, 286
1953 — 131, 164, 172
Winter, Ezra
1948—131
Winters, Carl
1948 — 121, 212, 369
Win the Peace Committee
1948 — 218
Win the Peace Conference
1948 — 104, 124, 318
1949—289, 336, 373, 451,
455, 489
Winthrop, Jean
19 18 — 3 41
Wintringham, T. H.
1948 — 94
1949 — 553
Wirin, A. L..
1943—60, 96, 113
1947—186, 251
1948—109, 110, 233, 265,
266, 332, 358, 359
1949 — 542, 689
1955 — 315
1957 — 35, 142
Wirin, Abraliam L.
1959—124, 127, 135
Wirtz, Bob
1948—93, 266, 328
Wisconsin Committee for a
Permanent FEPC
1949 — 446
Wisconsin Committee on In-
vestigation of Charges
of Communistic Teach-
ings and Other Subver-
sive Activities
1949 — 257, 343
Wisconsin Conference on
Social Legislation
1949 — 373
Wise, Harold F.
194 8 — 195
Wise, James Waterman
1945 — 126
1948 — 114, 151, 179, 181,
196, 199, 200, 201,
244, 261, 266, 351
1949 — 461, 483, 490, 498,
502, 503, 506, 508,
509, 512, 514, 517,
524, 530, 689
1951 — 272, 275, 281
1953 — 174, 176
Wise, Dr. Stephen S.
1948 — 96, 146, 358
Wise, Mrs. Stephen S.
1948 — 227, 228, 278
1949—458
1951 — 2 86
Wiseman, Sam
1948 — 383
Wishart, Dr. Charles P.
1948 — 323
With a Banker on My Knee
1948 — 164
Witkin, Prof. H. A.
1949 — 483
Witness
1959 — 167
Witt, Bert
1948 — 60, 346, 357
1949 — 436, 689
Witt, Herbert
1948—353
Witt, John L.
1948—329
Witt, Nathan
1948 — 249, 265, 270, 329,
332
1949 — 542
1951 — 90
1959 — 172, 173
Witt-Diamant, Ruth
1947 — 89, 91
1949 — 425
Wittenburg, Roxie
1948 — 179
Wittke, Carl W.
1948 — 199
1953—151
Wives
1949 — 369, 373
Wives and Sweethearts of
Serviceinen
1948 — 378
1949-373
Wixman, Myrtle Eleanor
Heath
1955 — 424, 426
Wixmon, Prof. S. M.
1948 — 148
Wodehouse, P. G.
1945 — 16
Woeppelmann, Carl
1943 — 225, 227
Wolck v. Weedin
1949 — 246
Wold, David
1955 ;;s7
Wolf, Benedict
1948 — 270
Wolf, Dr. Ernest Victor
1948—311
Wolf, Friedrich
1947 — 106
1948 — 278
1949 — 413
Wolf, Hamilton
1947—94
Wolf, J.
1948—343
Wolf, James H.
1948 — 198
Wolfe, Bertram D.
1949 — 177, 178
Wolfe, Edwin
1948 — 274
1949—471
Wolfe, Franklin P.
1948 — 258
Wolfe, George
1948 — 375
Wolfe, James H.
1948 — 324
Wolfe, Justice James L.
1949 — 146, 483, 500
Wolfert, Ira
1949 — 483, 500, 521, 528
Wolff
1948 — 303
Wolff, Adolph
1948 — 261
Wolff, Bill
1949 — 542, 548
Wolff, David
1948 — 247
W^olff, Milton
1948 — 271
1959—174
Wolff, William
1945 — 137
1947 — 67
1949 — 419, 469
Wolfson, Eugenia -I
1955 — 307, 359 >
"V^^'olfson, Martin ,
1948 — 377 ■
1949 — 438, 500, 504, 512,
513, 515, 527, 530,
537
Wolfson, Saul, Dr.
1955—315, 360
Wolfsy, Leon
1949 — 559, 562 ,
1951 — 19, 20, 22, 23 '
Woll, M.
1959—97
Wollin, Galina
194S — 179
Wollom, Don
1947 — 164
Wolman, Leo
1948 — 247
Wolman, Max
1948 — 19
Woltman, Frederick
1957—121
Wolton, Frederick
1955 — 453
Woman and Society
1949—192
Woman Power
1948 — 49, 225
1949 — 408, 546, 547
Woman Today
1949 — 408
Women for America
1959 — 212
Women for Legislative
Action
1955 — 309, 330, 333, 334,
335, 342, 346, 350,
351, 356, 360, 363
Women for Legislative
Action, Freedom, Kit
1955 — 346
Women of China
1957 — 133
Women of Soviet Russia
1949 — 539
Womew Today
1948 — 225
1949—408
Women's Ambulance
Defense Corps
1947—190
Women's International Con-
gress Against War and
Fascism
1948 — 227
1949—457
Women's International
Democratic Federation
— -see also Congress of
American Women
1948 — 187, 192, 230
1949 — 373, 459, 563
1951 — 284, 285
Wong, Anna May
1948 — 310
Wong, Prof. B. C.
1948—145
Wong, Norman D.
1951 — 267
Wood, Audrey
1948—240
Wood, Barry (alias Kibre,
Jeff)
1943 — 82
1949—408, 560
Wood, Charles Erskine
Scott
1948 — 249, 328, 329, 352,
377
Wood, Clement
1949 — 483
Wood, Elizabeth A.
1948 — 110, 171, 353
Wood, F. A.
1955 — 18
INDEX
381
Wood, Fred B.
1949 — 8, 56f5, 602, 607
Wood, Henry Shelton
1949 — 500
Wood, Irene
1943 — 127
Wood, J. B. Collings
1948 — 357
Wood, John Terry
1947 — 226
Wood, Maxine
1948 — 329, 352
1949 — 483, 500, 503, 506,
508, 509, 517, 525,
531, 536
Wood, Robert
1948 — 121, 134, 1G6, 330,
362
1949 — 339, 348, 440, 546
Wood, Sam
1959 — 113
Wood, Scott
1948 — 391
Woodruff, John
1948 — 328, 377
Woodruff, Susan H.
194S — 245
Woods, Baldwin
1947 — 88, 94
1949 — 425
Woods, Dr. and Mrs.
Baldwin
1948 — 195
Woods, Dr. Elizabeth L.
1948—171
Woods, Georg-e
1948—356
Woodward, Allan
1943 — 152, 153
Woodward, Ellen
1943 — 147
Woodward, Mrs. Ellen S.
1948 — 227
1949 — 457
Woody, Prof. Thomas
1949 — 483, 490, 500, 521,
531
Wool, Aaron
1948 — 151
Woolf, Helene
1948 — 273
Woolley, Angers
1948 — 198, 200
Woolley, Emily
1948 — 376
Woolley, Dr. Mary E.
1948 — 113, 114, 181
228, 239, 244
278, 324, """
351 352
1949 — 457! 469' 562
Woolley, Ralph
1945 — 22
Worcester, Daisy Lee
1948 — 376
Worcester Worker
1949 — 408
Worden, Walter
1943 — 145, 147
Work
1948 — 225
1949—408
Work, Merrill
1948 — 333
Worker, The
194S_49, 118, 119, 132,
136, 140
1949—126, 128, 171, 176,
179, 181, 190, 195,
196, 236, 443, 467,
543, 545, 619, 620
1959 — 195
Worker's Alliance
1955—130, 131, 133
Workers Alliance
195JI— 20, 23, 26, 27, 91
94, 101
186,
271,
527, 329,
i53, 359
689
Worker's Alliance of
America
1943—135, 137, 144
1947 — 70, 236, 307
1948 — 6, 73, 142, 160, 180,
223, 234, 235, 253,
313, 316, 380, 383,
384
1949—90, 146, 286, 343,
365, 373, 374, 421,
516
1951 — 83, 249, 253
Workers Bookshop
1949 — 450
Workers Book Shop, New
York
1948—121
Workers Book Shops
1959 — 137
Workers' Cultural
Federation
1945—119
1949 — 374, 492
Workers Defense Guard
1957 — 87
Workers' Educational
Society
1953 — 22
Workers Ex-Servicemen's
League — see American
League of Ex-Service-
men
1949 — 374, 406
1959 — 137
Workers International
Relief
1948 — 159
1949 — 173, 174, 374
Workers Library Publishers
1948 — 48, 120, 144, 214
1949 — 89, 90, 132, 169, 197,
199, 200, 201, 230,
237, 239, 244, 245,
375, 463
1959 — 137
Workers' Life
1948 — 225
Workers Monthly
1948 — 225
1949 — 179, 196, 408, 536
Workers (Communist)
Party
1949—174
Workers' Party
1948 — 242, 243
1949—46, 47, 117, 172, 175,
252, 310
1957 — 62, 92
Workers (Communist)
Party of America
1949_i57, ir;8, 162, 163,
170, 174, 193, 374,
375
Workers Party of America
1949 — 1,57, 158, 163, 170,
172, 177, 179, 193,
374, 375, 407
Workers' Party of Poland
1949—124
Worker's Press
1948 — 9
Workers Publishing Society
1949 — 179
Workers School
1947_70, 77, 189, 251, 264
1948_51, 101, 269, 348
1949—305, 323, 350, 352,
356, 416, 417, 419,
421, 423, 492
1953—101
1957—143
1959—137, 184
Workers School in
New York City
1948—98, 101
1949—376
Workers School of Bo.ston
1949—375
Workers' School of Los
Angeles
1949—376, 421
Workers' School of
San Francisco
1949—376
Workers' Schools
1945—136
1940 — 461
Workers Social-Democratic
Party
1953—26
Workers' Sport Federation
1949—174
Workers Theater
1948—237, 238
1949 — 408
Workers of the World
Unite (Novy Mir)
1949 — 397
Workers Weekly
1953 — 231
Working Class Theatre
1948 — 126
Working Woman, The
19 48 — 225
1949 — 409
Workman, Mary J.
1947 — 185
1948—277
Workman, The
1948 — 225
Workman's Circle, see also
International Workers'
Order
Workmen's Circle
1955—388
Workmen's Educational
Association
1949—376
Works Progress
Administration
1947 — 73
1959 — 173
Works Project
Administration (WPA)
1953 — 84
1959 — 20
World Committee Against
War
1949 — 376, 487
World Communist
Movement, The
1943—19
195.3 — 52, 53
World Communism
Today
1949 — 654
World Communist Party
1949 — 154, 181
World Congress Against
War
1948—67, 150, 384
1949_272, 318, 360, 376
World Congress of
Intellectuals
1949 — 484
World Congress of Peace
1949 — 491
World Events Forum
1943 — 257
World Federalists U. S. A.
1947 — 238
World Federation of
Democratic Youth, The
1948 — 54, 186, 187
1949_321, 373, 377, 516,
562, 563
1953 — 192
1955 — 87, 88
AVorld Federation of
Teachers Unions
1953—191, 192. 193
382
UN-AMERICAN ACTIVITIES IN CALIFORNIA
World Federation of Teach-
ers, Unions, Executive
Bureau
1953 — 191, 193
World Federation of Trade
Unions
1948 — 54, 187
1949 — 106, 472, 563
1953 — 192, 230, 232, 245
1959—94-98, 104
World Federation of Trade
Unions,
Bureau No. 1 19 59 — 94
Bureau No. 2 1959 — 94
Bureau No. 3 1959 — 9 4
Bureau No. 4 1959 — 95
Bureau No. 5 1959- — 95
World for Peace and
Deinocrucy
1948—225
1949 — 409
World Friendship Club
1947 — 130, 131
World Health Organization
1949 — 43
World Monetary Fund
1949 — 75
World News and Views
1948 — 225
1949—164, 180, 396, 409,
547
]^95g 275
World Order Study
Conference
1959 — 143
World Peace Congress
1949 — 479, 487, 490
Wo7'ld Tomorrow
1948 — 246
World Tourists, Inc.
1949 — 377
World Trade Union
Congress
1953—230
World War I
1953—214, 240
World War II
1953 — 213, 214, 215, 221,
232, 240
1959 — 32, 41, 47, 137, 138,
148, 174, 201
World Youth and Student
Festival
1955 — 88, 381
World Youth Conference
1947 — 97
1948 — 187
1949—377, 563
1955 — 421
World Youth Congress
1948—185
1949 — 173, 378, 562
World Youth Council
1948—54
1949 — 285, 378
World Youth Festival
1948 — 339
1949 — 373, 544, 624
Worley, Rev. Lloyd I.
1948 — 233
Worne, Clore
1945 — 179-180
Worozcyt
1949—246
Worthley, Rev. Evans A.
1949 — 483, 500, 518
Wortis, Helen
1948 — 230
1949 — 459
Wortman, Denys
1948 — 331
Wossy, Leon
1948 — 186
W. P. A. (see Works Prog-
ress Administration)
1949 — 286, 303, 373
Wraith, Mrs. Clementine
1947—342, 344
Wright, Art
1948 — 339
Wright, Bishop R. R.
1947 — 235
Wright, Frank Llovd
1948 — 199, 321
1949 — 483, 500, 502, 531,
533
Wright, Guy McKinley
1943 — 356, 377, 378
Wriglit, Lo^■d
1955 — 142, 143
Wright, R. R.
1948 — 354
Wright, Richard
1945 — 121, 125, 126, 127
1948—101, 141, 162, 274,
328, 377
1949 — 471
1953 — 131
Wright, T. K.
1947 — 299
Wright, Ted
1951 — 22
'Wright, Virginia
1948 — 101, 198, 202, 252,
255
Writer and Organization
1948—130
Writers and Artists Com-
mittee for Medical Aid
to Spain
1948 — 389
1949 — 378
1953—173
Writers' Congress
1945 — 115, 116
1947 — 95, 107, 187, 188,
191, 258
1949 — 328, 471, 538
1951—52, 53, 54, 57, 60,
61, 63, 64, 95, 114,
225, 264
1955 — 438, 444, 457, 458
1959—9
Writers Congress at the
University of Calif.
1949—378, 538
Writers Congress (at
U. C. L. A.)
1948-135, 158, 192, 258,
273, 322, 342, 389
Writers Congress, Fourth
Annual
1947 — 69
Writers Defend Minority
Rights
1948 — 127
Writers League
1955—439
Writers' Mobilization — see
Hollywood
Writers of the World Meet
in the Page of a Soviet
Magazine
1948 — 123
Writers Take Sides
1943—149
Writers Workshop
1948 — 137
Wu, Rev. Daniel G. C.
1948 — 145
Wuchinich, George
1949—415
Wurtz, Whitey
1948 — 297
Wyatt, Jane
1948—211
Wyckroff
1949 — 255
Wygal, Winnifred
1948 — 181
Wyler, Margaret T.
1948 — 211
Wyler, William
194S — 211, 255
1949 — 483, 490, 500, 510
Wyler, Mrs. William
1947 — 240
1948 — 252, 355
Wyloge, K.
1948—259
Wyman, Theodore, Jr.
1945 — 11, 12, 18, 20, 28,
31
Wymans, Louis C.
1959 — 188
Wynn, Keenan
1947 — 240
Y. M. C. A. (see Young
Mens Christian Asso-
ciation)
Y. P. S. L. (see Young
Peoples Socialist
League)
Y. W. C. A. (see Young
Womens Christian
Association)
Yablon, Sonia
1955—389
Yagoda, Col.
1947 — 292
1951—209
Yakhontoff, Victor A.
1948 — ^189, 196, 198, 216,
270, 326
1949 — 187, 414, 539
Yale Glee Club
1949 — 610
Yale Law Journal
195.5 — 220
Yale University
1948 — 178
1955 — 221
Yale University, Department
of Oriental Studies
1951—277
Yaller, Rae
1949 — 428, 432
Yalta
1949 — 15, 28, 39, 42
Yama, Mary
1948 — 339
Yamado (Yamato) Domoshi
1943—325
Yamato
1945—48
Yanish, Nat
1948 — 209
Yanish, Nathan
1953 — 252, 256, 257, 279,
282
Yanks Are Not Coming
Committee
1948 — 33, 63, 67, 179, 253,
268, 272
1949 — 378
Yankee Organizer
1949 — 409
Yankwich, Judge Leon R.
1947 — 71, 183
1948 — 14, 348, 349, 350
Yankwich, Mrs. Leon
1947—183
1948 — 349
Yannish, Nathan (see
Yanish, Nathan)
Yanover, Jules
1948 — 311
Yanow, Anita
1948 — 199
Yanow, Mrs. Arthur
1948 — 198
Yanowsky, Harry
1948 — 94
1949 — 554
Yates, Connie
1951 — 187
INDEX
383
Yates, Oleta O'Connor
1948—11, 214
1949 — G89
■]^953 267
Yates V. United States
1959 — 191, 194
Yavno, Max
1955 — 387
Year of the Oath, The
1951—68, 73, 75, 80, 85,
155, 175, 228
Years of Reaction and the
h'ew Revival, The
^949 191
Yenan Way, The
1953 — 136
Yergan, Dr. Max
1947 — 267
194S— 112-114. 151, 162,
181, 200, 208, 211,
226, 232, 244, 270,
271, 318, 320, 324,
325, 328, 329, 340,
350, 351, 352, 353,
359, 391, 448, 449,
455, 469, 539, 546,
548
1951—264
1953—131, 172, 173. 176,
177
Yergin, Irving
1948—211
Yezhov
1947 — 292
Ying, Dr. Li Yu
1948 — 114
Y. M. C. A. of University
of California
1947 — 110
Ymca Waliagusha Kai
1943—323
Yokinen v. Coynmissioner
1949 — 246
Yoliohama Specie Bank
1945 — 5 0
Yoneda, Carl
1943 — 350
1951 — 24
Yoreng, Louise
1943 — 136
Yorty Committee
1948 — 6, 72, 147, 331, 379
1949 — 701
1951—4
Yorty, Samuel W.
1943 — 136
1947 — 218, 274
1949 — 130, 541, 701, 702
1951—1
Yost, Dean Mary
1948—32 4
Youell, Mrs. Frank
1948—195
Young Adult Leadership
Council
1948 — 338
Young America Loolcs At
Russia
1948—539
Young, Art
1948—114
270
201, 233, 248,
271, 323, 328,
340', 377, 389
469
1949
Young, Barney
1948 — 220
Young, Bernard
1951 — 281
1953—260
Young, Coleman A.
1949 — 557
1955—323
Young Communist
International
1949_8, 15, 18, 19, 84, 181
1953 — 55, 56, 195, 197,
245
Young Communist League
19 43 — 63
194S — 54, 91, 95, 98,
102, 130, 134, 130,
137, 145, 147, 149,
152, 159, 162, 180,
181, 182, 185-188,
190, 193, 195, 197,
230, 250, 252, 256,
277, 293, 294, 295,
296, 309, 315, 338,
370, 380, 389
1949 — 173, 178, 179, 266,
267, 280, 281, 283,
285, 313, 316, 322,
325, 330, 359, 361,
369, 378, 379, 380,
382, 383, 409, 410,
414, 422, 452, 453,
459, 472, 519, 553,
559, 560, 561, 562,
563, 705
1951 — 7, 8, 9, 11, 12, 13,
15, 16, 17, 18, 19,
21, 24, 26, 28, 33,
36, 37, 38, 63, 84,
98, 100, 154, 162,
182, 183, 209, 225,
227, 253, 261, 265
1953 — 70, 91, 97, 99, 126.
135, 195, 196, 197,
198, 208, 245, 255,
258, 259, 278
1955—159, 173, 181, 406,
419, 420, 428, 429,
437
Young Communist League
of America- — see also
Young Communist
League
1949 — 15, 36
1957 — 2, 21, 100
1959 — 21, 53, 72, 79, 81,
84, 92, 130, 131
Young Communist League,
National Educational
Director
1951—183
Young Communist League,
Organizational Secre-
tary of Los Angeles
County
1951—84
Young Communist
Organization
1949—17
Young Communist Review
1948—181, 185
1949 — 409, 410, 561
Young Comrade
1948 — 225
1949—409
Young, Cone
1945—139
Young Democratic Club
1959 — 72, 79
Young Democrats
1957—124
1959—20
Young Democrats, Inc.
1943—158, 160, 161
Young, Edward
1949—517
Young, Dr. Edward L.
1949 — 483, 500
Young Fraternalist
1948—225
1949 — 409, 548
Younq Generation, The
1949—192
Young, Harriet
1948—334
Young, Jack
1948 — 343
1949 — 689
Young, K. C.
1955—77
Young, Lillian
1948 — 259
Young, Marguerite
19 48 — 9 7
Young Mens Christian
Assoc iiition
1947 — 110, 369
1948 — 246, 33!>, 389, 390
1949—424, 706
1957—23, 71
Young, M. M.
19 48—331
Young, Murray
1959—56
Young, Ned
1948 — 356
Young People's Records
1948 — 390, 392
1949—379
Young People's Socialist
League
1947—201
1957 — 17, 70, 76, 95
Yoiinf) Pioneer
1948—225
1949 — 410
1951—8
Young Pioneers, The
1943 — 66
1949—379, 395, 559
1953 — 198
Young Pioneers of America
1949 — 379
Young Progressive
Citizen's Committee
1948 — 393
Young Progressive Citizens
of America
1948 — 339
1949 — 380
Young Progressives
1949—147, 380, 472, 558,
563
Young Progressives for
Wallace
1951 — 163
Young Progressives of
America
1949—19, 118
19 c^ 30
Young Progressive Students
of America
1949—14, 29, 37
Young Republican Club
19.=.'9— 72, 79
Young Republicans
1957—124
Younfr, Ruth
1948_227, 228, 230, 270
1949_456, 457, 458, 459
Young, Sam
1948 — 184
1949—561
Young Socialist League
1957 — 7, 30, 31, 47, 65,
66, 67, 68, 69, 70.
71, 72, 73, 75, 76,
83, 88, 92. 95, 96,
98,99, 101, 103, 104
1959—37, 72, 79
Young, Stanley
1945—127
Young, Stark
1948—331
Young, Verna
1948—227
Young. Dr. William Lindsay
194*1—109, 110, 321
Young Womens Christian
Association
1947 — 110, 369
^948— 246, 339, 389, 390
1949—706
1951—32
1953—262
1959—99
384
UN-AMERICAN ACTIVITIES IN CALIFORNIA
Young Worker
1949 — 409, 410
1951 — 183
Young- Worker's League
1948—145
1949 — 174, 380
1951 — 11
Youngstown Post (United
Negro and Allied Vet-
erans of America)
1948 — 338
Your Marriage
1947 — 323, 324, 341
Your Marriage and Family
Living
1947 — 341
Your Rights Before the
Tenney Committee
1943 — 66
Youis for a Genuine
Brotherhood
1955 — 109, 162, 166, 167,
203, 248, 382
Youth
1948 — 49, 225
1949 — 410
Youth Assemblies
1959 — 20
Youth Council
1948—137, 389
Youth Federation for
United Political Action
1959 — 21
Youth for Christ
1947 — 98, 231
Youth for Political Action
1959 — 34
Youth Labor League
1951—28
Youth of Maxim
1948 — 373
Youth Political Action
Committee
1948 — 354
Youth, The
1957 — 78
Yudin, P.
1949 — 193
Yugoslav Communist Party
1949—125
Yugoslav Foreign Office
1949—125
Yugoslav Friends of
Democracy
1949 — 414
Yugoslav Herald
1949 — 181
Yugoslav Partisans
1951 — 129, 139
Yugoslav Relief Committee
1955 — 301
Yugoslave7iski
1949 — 181
Yugoslavia
1943 — 221
1951 — 28, 142, 270
Yugoslavia Communist
Partv
1949 — 101, 124, 125
Yurka, Blanche
1948—114
Yutang, Lin
1948 — 199
1949—103
Zablodowsky, David
1959 — 174
Zaboten, Col.
1947 — 214, 215, 216
Zack, Joseph
1949 — 168, 169, 178, 180
Zagodzinski, Cornell Z.
1949 — 546
Zaharias, Admiral
1949 — 609
Li-4361 4-59 5M
Zaiednicar
1949 — 127
Zakon, Bob
1948—184
1949—561
Zakow, Bob
1948 — 184, 188
1949 — 563
Zander, Arnold
19 48 — 60
Zap, Herman
1959 — 176
Zap, Marjorie
1959 — 176
Zara, Louis
1948 — 274
1949 — 471
Zarach, William
1948 — 270
Zaroff, Evelyn
1948 — 259
Zaslavsky, David
1948—119
Zdenek, I'rofessor
1949 — 413
Zeitlin, Jacob
1947 — 240
1948 — 355
1949 — 6S9
1951 — 275
Zeitlin, Joseph
1948—321
Zelman, Benjamin M.
1948 — 229
19 49 — 458
Zemach, Benjamin
1948 — 196
1955 — 387
Zeman, J. J.
1949 — 414
Zeman, Stephan, Jr.
1949 — 413
Zenoviev, Gregory
1957 — 30, 85, 91
Zermano, Manuel
1945 — 197
Zero Hour
194S — 128
Zero Hour Parade
1949 — 381
Zetkin, Clara
1948 — 227
1949—191, 457
Zetkin, Klara
1951 — 259
1959—121
Zetterberg, Mr.
1949—612
Zhdanov, Andre
1949 — 30, 35, 78, 80. 101,
616, 617
Zhitlowsky, Dan
1948—179
Zieber, Dr. Clifford
1948 — 171
Ziegler, George
1948 — 19
Ziegner, William
1948 — 196
Ziemar, Thelma
1943 — 132, 138, 139, 147
Ziferstein, Dr. Isidore
1951—267
Ziffren, Paul
1947 — 240
Ziffren, Phyllis
1948 — 146, 241
Zilboorg, Dr. Gregorj'
1949 — 483, 490, 500, 532
Ziniand, Gertrude
1948 — 277
Zimbalist, Efreni
1948 — 311
Zimbalist, Mrs. Efrem
1948 — 170
Zimbalist, Sam
1948 — 252, 255, 314
Zimmerman, Charles S.
1948-334, 336
Zimmerman, Dr. J. F.
1948 — 323
Zimmerman, Patti
1948 — 184
1949 — 561
Zimsdale, Howard
1947—72
Zinberg, Len
1949—557
Zirnke, Dr. George W.
1948—171
Zinoviev, Gregory
1948 — 232, 233
1949 — 162, 163, 363
1951 — 143, 259
1953 — 36, 37, 38, 39, 43,
44, 46, 48, 53, 57,
65, 230
Zion, Ben
1949 — 483, 500, 537
Zirpoli, Andrew
1947—90, 91
1949—429, 430
Zirpoli, Vincenzo
1943 — 284, 308, 309
Ziskind, David
1948 — 265
1955—426
Zmrhal, Dr. J. J.
1948 — 324
Zito, Carmelo
1943^284-288, 301, 312
Zola, Isaac
1951 — 267
"Zoot Suit" Gang
1943 — 203
Zoot-Suiters
1945 — 160, 162, 165-167,
174, 184-189
Zorach, William
1948—114, 240, 263, 353
Zorin, V. A.
1949 — 111
Zubelin, Vassily
1951 — 212
Zugsmith, Arthur
1948—96
Zugsmith, Leane
1943 — 102
1945 — 127
1948 — 113, 151, 189, 227,
233, 273, 277, 323
1949 — 457, 471
Zukas, B. Joseph
1943 — 60, 112, 113
1947—75, 251
1948 — 6, 157, 235
1949 — 689
Zukas, Bronislaus Joseph
1959 127 135
Zukas SCMWA Committee
1948—157
zu Lowenstein, Princess
Helgo
1948—271, 351
Zuski, Hiroshi
1943 — 333
Zworykin, Dr. Vladimir
Kosmo
1948 — 324
Zybko, Paul
1955—388
Zykoff, George
1949 — 414
Zj-sman, Dale
1948 — 329
1949—179
Zytomirska, Xenia
1948 — 231
1949 — 460
printed in California state printing office
Progress Report of /he
SENATE INTERIM COMMITTEE ON
PROPOSED WATER PROJECTS
May 14, 1959
MEMBERS OF THE COMMITTEE
STEPHEN P. TEALE, Chairman EDWIN J. REGAN, Vice Chairman
RANDOLPH COLLIER LUTHER E. GIBSON
NELSON S. DILWORTH ED C. JOHNSON
RICHARD J. DOLWIG GEORGE MILLER, JR.
HUGH P. DONNELLY JOHN A. MURDY, JR.
ALAN SHORT
Study of Sufficiency of Proposals and
Some Effects of the California Water
Development Program
■mdM
Published by the
SENATE
OF THE STATE OF CALIFORNIA
GLENN M. ANDERSON
Presidenf of fhe Senaie
HUGH M. BURNS JOSEPH A. BEEK
President pro Tempore Secretary
LETTER OF TRANSMITTAL
Senate Chamber, State Capitol
Sacramento, California
May 14, 195fj
Hon. Glenn M. Anderson
President of the Senate, and
Gentlemen of the Senate
Senate Chaniher, Sacramento
Mr. President and Gentlemen op the Senate : Pursuant to Senate
Eesolution No. 180, which appears on page 5140 of the Senate Journal
for June 12, 1957, the Senate Interim Committee on Proposed Water
Projects was created and the following Members of the Senate were ap-
pointed to said Committee by the Senate Committee on Rules : Sena-
tors Earl D. Desmond, Randolph Collier, Hugh P. Donnelly, Luther E.
Gibson, Harold T. Johnson, George Miller, Jr., Alan Short, Edwin J.
Regan and Stephen P. Teale.
Since that time Nelson S. Dilworth, Richard J. Dolwig, Ed C. John-
son and John A. Murdy, Jr., have been appointed to the committee.
On May 26, 1958, a great loss was suffered by the people of the State
of California, the Senate and this committee through the death of Earl
D. Desmond, Chairman. Stephen P. Teale was elected chairman in
July, 1958.
Harold T. Johnson, an invaluable member, continued to work with
the committee until January, 1959, when he took his seat as congress-
man from the Second District of California.
The committee herewith submits another progress report of some of
its additional findings to date.
Respectfully submitted,
Stephen P. Teale, Chairman Edwin J. Regan, Vice Chairman
Randolph Collier Luther E. Gibson
Nelson S. Dilworth Ed C. Johnson
Richard J. Dolwig George Miller, Jr.
Hugh P. Donnelly John A. Murdy, Jr.
Alan Short
(8)
TABLE OF CONTENTS
Page
Section I. Introduction and Summary 7
Section II. Conclusions of Committee 9
Section III. Recommendations for Legislation 16
Section IV. Abstracts from Testimony by Representatives of
Boards of Supervisors 18
Section V. Abstracts from Testimony on Delta Problems 41
Section VI. Appendices 57
(5)
SECTION I
INTRODUCTION AND SUMMARY
77m' progress report is divided into five sections:
I. Introduction and Summary.
II. Conclusions of Committee.
Category A— Broad Policy to Implement the California Water
Development Program.
Category B — Protection of Water Supply in Areas of Production
and Use.
Category C — Preservation of Water Quality in Delta.
Category D — Continuation of Studies and Planning.
III. Recommendations for Legislation.
IV. Abstracts from Testimony by Representatives of Boards of Super-
visors.
V. Abstracts from Testimony on Delta Problems.
VI. Appendices — Authorization of Committee Witnesses.
References on Delta Problems Bibliography.
Conclusions in Section II are based on testimony received at hearings
and on study of many reports and documents — principal of which are
listed in Appendix F.
Section III, Recommendations for Legislation^ can be read without
study of any other sections in order to obtain an understanding of the
considerations of the committee.
The abstracts from testimony in Sections IV and V result from con-
sideration of statements and questions of county representatives from
all parts of the State, and on detailed consideration of the situation in
the Delta areas of Sacramento, San Joaquin, Contra Costa and Solano
Counties.
The abstracts used are selective and representative, rather than com-
plete. Little of the A^ast array of supporting data is included, but wit-
nesses' statements that are quoted or summarized show the extent of
information that is available in the transcripts and in separate reports
provided the committee.
For ease of reference in reading testimony in full in the transcripts,
abstracts are grouped to the extent possible under the names of the
city in which a particular hearing was held and indicate the name of
the witness and the page on Avhich the testimony may be found. Sacra-
mento refers to the hearing of January, 1958, unless a specific date is
cited.
To clarify and simplify this report the following definitions may be
understood to api)ly wherever they appear:
(7)
PROGRESS REPORT ON PROPOSED WATER PROJECTS
I
CVP — Central Valley Project: Those units or works now author-
ized or to be authorized in the future by the State in Part III,
Division 6, of the California Water Code.
CWDP — California Water Development Program: Those works
and facilities to be constructed by the State itself, or to be con-
structed in accordance with co-ordinated planning by the State,
or to which the State contributes financially.
SUMMARY
The purpose of the California Water Development Program is to
make firm supplies available to water-short areas upon which they may
depend for new urban, industrial and agricultural development. A
secondary purpose is to protect the water-plentiful areas and areas of
geographical entitlement from future shortages that could choke off
their opportunity for future development.
The areas of need are "customer" areas; they want water and are
able to pay for it. The "production" areas have water and are willing
that it be stored, sold and exported to areas of need. But "production"
areas also are potential customer areas and are unwilling to sacrifice
their present or future development opportunities in this neighborly
process.
If the State is to act as a water utility in these circumstances it can,
under correct Legislative mandate :
1. Act as trustee of the great quantities of surplus waters of the
State and as the guardian of existing vested water rights, it can reserve
for the areas of production such amounts of water as may be needed
and provide for their future water use at costs no greater than would
have been incurred by local entities in developing such a supply them-
selves. The State can pool and distribute water to meet the needs at the
particular time of all areas and this by the most economical and efficient
means.
2. The State can contract for the sale of water to any area, under
continuing obligation to meet its contracts by developing enough water
from our resources without impairing rights or opportunity for devel-
opment in "counties or watersheds of origin" or areas of "geograph-
ical entitlement. ' '
The committee's hearings have established appreciation of the neces-
sity for review of state water proposals by the counties and for co-
operative formulation of the policy under which the ' ' California Water
Development Program" is to be accomplished.
Finally, intensive studies of the Delta have led to recommendations
for protection of its present and future economy and its vital part of
the State 's economy as a physical hub of the California Water Develop-
ment Program.
SECTION II
CONCLUSIONS OF COMMITTEE
CATEGORY A
Broad Policy to Implement the California
Water Development Program
CONCLUSION 1
The water needs of the State of California can be met fairly and
equitably under a program wherein the State would act as a public
utility and assume fullest responsibility for water conservation, distri-
bution and sale. Under such a "utility concept," it is believed the
State should have authority and responsibility to :
a. Provide water only under firm purchase contracts with appropri-
ate agencies ;
b. Continue development of sufficient sources of water to meet all
contracts ;
c. Begin construction of new water production and storage units,
provided,
(1) existing water rights are not impaired,
(2) counties and watersheds of origin are provided water service
without prejudice to the maintenance and development of
their economies, and,
(3) the Delta is afforded protection under a Rule of Geographic
Entitlement ;
d. Construct additional works as needed for new water production
and storage to meet new contracts as they are confirmed, to be
financed from water funds — including bond sales, taxes and power
sale revenues ;
e. Construct and operate conveyance works to areas of need and
establish water pricing schedules according to cost in order that
expenditures for such works may be repaid.
CONCLUSION 2
The importance of integrated management of the works of the Cali-
fornia Water Development Program should be emphasized to the people
of California. Particular emphasis is needed regarding the development
of maximum use of surface reservoirs and ground water basins for
storage in order that continuity of supply to areas importing water can
be maintained. This objective may be furthered through:
a. Appointment of an interim committee of the Legislature directed
to investigate and recommend procedures for achieving fully-inte-
grated construction and management of water production and
distribution works. The program should incorporate study of oper-
ation of all units of the California Water Development Program,
(9)
10 PROGRESS RErORT OX PROPOSED WATER PROJECTS
the Central Valley Project and other futnre water conservation
works, and should place particular emphasis upon the need for
perfecting laws governing replenishment and withdrawal of re-
charge waters from ground water basins, as well as policies govern-
ing operating agencies charged with the management of input and
withclrawal from off stream reservoirs and ground water basins;
b. Appropriating funds now needed by the Department of Water
Resources for investigation of techniques and their limitations in
replenishment of a variety of ground water basins.
CATEGORY B
Protection of Water Supply in Areas of
Production and Use
CONCLUSION 3
The natural dependency of the areas of water production on their
watercourses has been recognized in the County of Origin and Water-
shed Protection Acts, applicable to the Central Valley Project. There
is need to reaffirm the provisions of these acts, to applj^ the principles
set forth therein to all surplus waters of the State, and to extend similar
protection to the Delta under a Rule of Geographic Entitlement. These
purposes may be accomplished through :
a. Reaffirmation of the provisions of the Counties of Origin Act by
eliminating from the act the expiration clause relating to due dili-
gence ;
b. Application of the provisions of the Counties of Origin Act and
the Watershed Protection Act to all filings to appropriate water.
In particular, the provisions of these acts should apply to all gen-
eral or co-ordinated plans for development, utilization or conserva-
tion of the water resources of the State ;
e. Enactment of a legislative policy declaration in the form of a
"Rule of Geographic Entitlement," as: "Lands located in prox-
imity to water sources and which could feasibly be served from
such sources possess a natural advantage over lands more distant
from such sources. It shall be the policy of this State in the devel-
opment and distribution of its water resources and in the granting
of permits and licenses to appropriate water to insure that none of
the lands of the State shall be deprived of such natural advantage
as a result of federal, state, local or private construction, operation
or management of any works used to generate power or to divert,
store or convey water to more distant lands. ' '
CONCLUSION 4
Authorization for state construction of any unit of the California
Water Development Program designed to export water from a water-
shed of origin should be accompanied by corresponding authorization
for stage-by-stage construction and financing of local projects necessary
to supply present and ultimate local needs of upstream and downstream
lands and water users, unless provision for such local usage is included
as a purpose of the California Water Development Program unit. Legis-
lative policy declarations should affirm that:
PROGRESS REPORT ON PROPOSED WATER PROJECTS 11
a. The general reservation for all water needed on lands and by
water users in watersheds of origin shoukl be considered superior
to the rights of the State to export water ;
b. The price of water from state-constructed local projects should
not be greater than would have accrued under local developniont
had the State not occupied most favorable sites for development
of least costly water for export ;
c. Consideration should be given to "in-lieu" rebates to local
agencies of a percentage of power revenues from state projects if
the State has also developed preferred power generation sites.
CONCLUSION 5
There is a need for a definitive interpretation of the term, "surplus
water, ' ' to ensure orderly transference and delivery of water for state-
wide development. The definition should be one which recognizes that,
in general, "surplus water" is any water at any given time or place
over and above the amount required in the areas and watersheds of
origin and in the areas of geographic entitlement to maintain a water
supply adequate in quantity and quality at that point in time. The
amount of water so designated as "surplus" will vary according to
time and needs of these lands and water users. Statewide benefits would
be realized from legislation which would:
a. Add to the Water Code a statutory definition of surplus water,
not in quantitative terms and not to replace existing procedures
for determination of water subject to appropriation, but to recog-
nize ' ' surplus " as :
(1) Water which can be taken for cyclical storage in upstream
reservoirs without immediate or long-range adverse effects ;
(2) Water which can be diverted directly from unregulated flows
at any particular point without adverse effect;
(3) Water from any source including that released from upstream
storage for transfer across the Delta for export;
b. Provide policy binding upon those individuals and agencies re-
sponsible for determining surplus.
CATEGORY C
Preservaiion of Water Qualify in Delta
CONCLUSION 6
Maintenance of a surplus of high-quality water at the Delta as the
hub of the California Water Development Program will provide major
benefits to the State as a whole and can be assured through enactment
of declarations which:
a. Extend to the Delta the protection of geographic entitlement being
given by the Counties of Origin and the Watershed Protection
Acts '
b. Reaffirm Delta salinity control as a prime responsibility of all
operators of all units of the Central Valley Project ;
c. Affirm that Delta salinity control is a major purpose in the plan-
ning, construction and operation by anyone of any upstream unit
and of the California Water Development Program ;
12 PROGRESS REPORT ON PROPOSED WATER PROJECTS
d. Provide for integrated management of all upstream storage of the
Central Valley Project and the California Water Development
Program ;
e. Guarantee salinity control by providing that releases will be of
sufficient quantity to meet the needs of the lands and water users
of the Delta and to maintain water quality for such needs at any
particular point in time;
f. Provide that all state contracts for water service from the Delta
be limited to surplus water, recognizing the critical importance of
maintaining the Delta in perpetuity as the hub of the California
Water Development Program.
CONCLUSION 7
Transfer of increasing quantities of water across the Delta for ex-
port as envisioned in the Central Valley Project or the California
Water Development Program poses further threats to agriculture, in-
dustry and navigation, to urban development, and to the recreational
and fishery resources of the Delta unless adequate preventive and cor-
rective measures are taken to :
a. Provide that upstream works of the Central Valley Project or the
California Water Development Program include capacity for flood
control and for releases to jDrovide a water supply adequate in
quantity and quality to meet the needs of land and water users in
the Delta and to maintain Delta recreational, wildlife and fishery
resources ;
b. Provide funds for construction of major conduits necessary for
seepage control and disposal of poor quality drainage from tribu-
tary irrigation, both within and above the Delta;
c. Provide funds for investigations and test sections construction of
improved levees to withstand increased erosion from higher water
levels and greater velocity in the Delta channels due to cross
transfer of water for export.
CONCLUSION 8
The need for export water, when fully demonstrated by firm con-
tracts, may at some future date make it economically desirable or nec-
essary for the State to export from the Delta waters theretofore used
to maintain the hydraulic barrier against saline intrusion. At such
time, the State should supply replacement water at costs no greater
than would have been incurred by rightful Delta users if the hydraulic
barrier had been maintained.
Legislation should be recommended for :
a. Addition of provisions to the Central Valley Project Act and all
legislation authorizing upstream units of the California Water
Development Program, requiring as a condition of permits that
when water transfer across and export from the Delta reduces the
hydraulic barrier to salinity encroachment, in whole or in part,
that substitute supplies equal in quantity and quality shall be
provided to Delta users both present and ultimate at no greater
cost than prevailed under hydraulic salinity control ;
PROGRESS REPORT OX PROPOSED WATER PROJECTS 13
b. Including in budget authorizations for the California Water De-
velopment Program funds for early purchase of rights-of-way for
replacement conduits ;
c. Providing means for determination of entitlements from such con-
duits beyond satisfaction of vested rights— which entitlements
arise from historic use and the right to maximum development
inherent in the geographic location of the Delta.
CONCLUSION 9
It is essential that the Delta be defined for the purpose of developing
an appraisal of the extent of its geographic entitlement. For example,
the Delta could be defined as :
''All lands below the 25-foot contour east of the north-south exten-
sion of the most easterly north-south boundary of Sanitation Dis-
trict 7A of Contra Costa County, and all lands of reclamation,
irrigation or water districts which have present boundaries in part
below the said 25-foot contour."
CATEGORY D
Continuation of Studies and Planning
BACKGROUND
Bulletin No. 3, "The California Water Plan," was authorized by
the 1947 Legislature and was 10 years in preparation. It was the cul-
mination of studies dating to pioneer reports made from 1874 to 1889 —
most noteworthy of which were made by the then State Engineer,
William Ham Hale. The most comprehensive reports prior to Bulletins
1, 2 and 3 were made under authoritv of acts of the Legislature in
1921, 1925 and 1929.
These reports influenced the tenor of Bulletin No. 3 in overwhelming
emphasis on development of water for use on good agricultural lands,
at lowest project-by-project water costs. Prior to now, the classical
works on planning of water developments assume that a specific, quan-
titatively-determinable amount of water is to be delivered to a defined
service area and the owners of the particular lands benefited, together
with water users within the service area, are the only ones responsible
for the total project costs. Naturally, existing projects are the high-
yield, lower-cost projects, with good power generation and flood control
features, and now" most opportunities for development of cheap-water
projects are pre-empted.
The critical nature of California's water problems stems from the
unprecedented recent growth of population, industry and agriculture
in the semi-arid portions of the State, and from the consequences of a
long period during which the construction of water conservation works
has not kept pace with the increased need for additional water.
From the study of past history of water development in the State,
it is apparent that meeting of future needs depends upon the ability
to co-ordinate future construction and operations into a California
Water Development Program. ,
The basic policy decision which made possible practical political
support of the earliest construction of initial units of the CWDP are
recommended in Category A, Conclusions 1 and 2.
14 PROGRESS REPORT ON PROPOSED WATER PROJECTS
With these basic policy decisions made, the Legislature can safely
authorize distribution of surplus water supplies without violence to
established rights or neglect of arising needs.
Unresolved issues such as water pricing, the relative importance in
the public interest of power generation versus beneficial use of water on
land and the conjunctive management of releases from storage for
replenishment of underground and offstream reservoirs are properly
subjects for interim study.
With the co-operation of appropriate legislative committees and the
county boards of supervisors (or agencies designated by them), the
Department of Water Resources could prepare a supplement to Bulle-
tin No. 3, setting forth information and recommendations on a current
basis.
CONCLUSION 10
The adoption by the Legislature of basic policy determinations set
forth in recommendations accompanying the preceding Conclusions
1 to 9 will make it politically practical to support the earliest con-
struction of initial works of the California Water Development Pro-
gram. Unresolved questions regarding different water pricing beyond
the Delta to various areas and classes of users and details of adminis-
trative procedure related to the use of works may be left for interim
study without risk of inordinate jeopardy to any segments of the
State :
a. The State Department of Water Resources, in co-operation with
interim committees of the Legislature and with county boards of
supervisors or planning agencies designated by them, should be
directed to proceed with the preparation of supplements to Bulle-
tin No. 3.
Unresolved matters to be considered in supplements to Bulletin
No. 3 include :
(1) Appraisal of policj^ provisions in the State Water Code, simi-
lar to the recent reappraisal of the Education Code ;
(2) Revision of basic assumptions, criteria, and procedures em-
ployed in formulating the California Water Development
Program ;
(3) Revision of data contained in Bulletin No. 2 with respect to
classification of irrigable lands and ultimate needs and con-
trol of methods of agricultural irrigation ;
(4) Revision of data contained in Bulletin No. 2 with emphasis
not only on agricultural use of water but also on urban and
industrial needs; without regard to attempts to provide state
regulation of such use ;
(5) Consideration of the conflict as between full beneficial use
of water on the lands of the State as a primary objective, as
opposed to the primary attention to use of water for power
generation in order thereby to create "feasible projects"
ratlier than to develop beneficial use of water resources on
land;
PROGRESS REPORT ON PROPOSED WATER PROJECTS 15
(6) Utilization of groimd Avater capacity, with particular refer-
ence to conjunctive operation of surface and underground
reservoirs ;
(7) Economic and financial impact of the California Water De-
velopment Program ;
(8) Attendant legal considerations and implications with respect
to "water rights," etc., under the California Water Develop-
ment Program.
b. The Legislature should pass a concurrent resolution providing
bases for use of money from the 1960-61 Budget by the Depart-
ment of Water Resources for such studies and reports.
CONCLUSION 11.
There is need that pertinent elements of California water develop-
ment proposals be reviewed by the boards of supervisors of each county
affected to make certain that the state proposals provide maximum long-
range benefit to the county with minimum interim damage. The counties
should be encouraged to report to the Legislature the results of their
independent studies now under way ; these presentations should include
their appraisals of effects and sufficiency of state proposals. This can be
accomplished by legislation which would :
a. Direct the Department of Water Resources to prepare graphic
analyses showing for each county :
(1) Estimated safe yield of ground water supplies within the
county ;
(2) Average annual surface supply originating in the county;
(3) Present flow or proportional flow into or passing by the
county from upstream sources ;
(4) Total need for consumptive use and irrecoverable losses;
(5) Net outflow or deficiencies.
Insofar as possible, these graphic analyses should show the present
situation and make predictions for the year 1990 and for condi-
tions of ultimate foreseeable development.
b. Direct the Department of Water Resources to continue co-opera-
tion in the county studies and provide funds to the department
as needed for co-operative work with the counties.
c. Direct the Department of AA^ater Resources to confer with officials
of the counties and report to the Legislature from time to time
what portions of California Water Development Program pro-
posals are accepted by the counties without change, and what
areas of disagreement remain and why.
d. Assign to an interim committee of the Legislature the responsi-
bility for continuing study of the progress of the county-by-
county investigations and for receiving and analyzing such studies.
SECTION III
RECOMMENDATIONS FOR LEGISLATION
The Committee Recommends Consideration by the Legislature
of Proposals Contained in the Following Four Categories to
Provide Earliest Full Development and Use of California's
Water Resources.
CATEGORY A
Broad Policy fo Implemenf fhe California
Water Development Program
RECOMMENDATIONS
1. Direct the Department of Water Resources to deliver water only
under contract.
2. Establish that it is the continuing responsibility of the State to de-
velop all water needed to meet its contracts.
3. Give a general authorization to the State Department of Water
Resources for use of "water funds" for construction of new pro-
duction, storage, transmission and distribution works as needed to
meet contracts.
4. Remove expiration feature relating to exercise of ''due diligence"
with respect to state tilings.
5. Establish state policy for distribution of water on a "utility sys-
tems" basis of capital cost and service payments, with revenues
accruing in the "water fund."
6. Authorize and require integrated construction, management and
operation of all CWDP water production and distribution works.
7. Direct that water sold under contract be supplied and accepted
without regard to source so long as quality is comparable to that
provided for in the contract.
CATEGORY B
Protection of Water Supply in Areas of
Production and Use
RECOMMENDATIONS
1. Affirm that it is state policy to protect all the needs of the counties
and watersheds of origin, both under CVP and under the CWDP.
2. Provide legislative assurance of water supplies, under a rule of
"geographic entitlement," to protect areas dependent upon their
proximity to water supplies for survival and development.
3. Direct that state contracts for water guarantee water service to
all contract users, this ivithout regard to specific sources.
(16)
PROGRESS REPORT ON PROPOSED WATER PROJECTS 17
CATEGORY C
Preservafion of Wafer Quality in the Delta
RECOMMENDATIONS
1. Set forth a detailed definition of the "Delta" in the Water Code.
2. Provide that salinity control is, and shall be, a continuing respon-
sibility of CVP and CWDP, unless substitute supplies are pro-
vided.
3. Establish, as a condition of all future permits for the appropria-
tion of water from the Central Valley, that the hydraulic barrier
to salinity encroachment must be maintained until replacement
supplies are available.
4. Define "surplus water" for application anywhere in the State
and also with reference to the Delta.
5. Provide that replacement water shall be supplied to Delta lands
and users at no greater cost than if the hydraulic barrier were
maintained.
6. Authorize design of replacement supply systems and purchase of
sites and rights-of-way for works required in the Delta.
7. Authorize design and construction of works needed to protect
the Delta from damage due to operations of the CVP or the
CWDP.
CATEGORY D
Continuation of Studies and Planning
RECOMMENDATION
1. Provide funds for costs of preparing current supplements to
Bulletin No. 3 and for co-operation by the Department of Water
Eesources in county-by-county review of pertinent proposals set
forth in Bulletin No. 3 or under consideration for presentation
in the supplements.
SECTION IV
ABSTRACTS FROM TESTIMONY BY REPRESENTATIVES
OF BOARDS OF SUPERVISORS
A. By 1970, counties south of the Mariposa Line * will be utilizing fully all
present sources of water supply including the Colorado River. At that time,
these areas will be "in the market" for supplemental water. Acceptance
of proposals to import surplus water from northern areas of origin hinge
upon ASSURANCE to the southern counties of a FIRM supply.
References
TESTIMONY
Riverside
Edmonston — p. 8 — "Statement on Economic Demand for Imported
Water in the Southern California Area," presented to the California
Water Commission.
Edmonston — pp. 8-43 — "Statement on Ground Water Resources in
Southern California," prepared for Senate Interim Committee on
Proposed Water Projects.
Edmonston — pp. 10-41 — A Southern California economy supporting
8 million population has been made possible by pumping more water
from the underground basins than goes back in, creating a condition
of serious overdraft. By 1970, demand will equal the full capacity
to supply Colorado River water, water that would be available in the
interim for recharging the underground to keep the overdraft condi-
tion at its present level. Historically, 4 or 5 million acre feet of under-
ground storage capacity has been available ; utilizable total may be
7^ to 8 million. Detailed study is needed for some areas both as to
physical works and legislation. For other areas, protective legislation
already exists: the Cessation of Pumping Act safeguards a user's right
to the amount of water he would have used bad he not complied with
the necessity for a pro rata cutback in pumping ; the Water Replenish-
ment District Act provides for financing of water imports for spread-
ing into underground basins to preserve them and protect them from
sea water intrusion; the Water Recordation Act provides for a record
of water use and related data for use as prima facie evidence in court,
greatly reducing costs of lengthy water rights litigation. * ' The problem
is * * * to work out a plan where (by) * * * water can be put under-
ground and then recovered by the people who put it underground so
that the people who paid for the water to begin with get the benefit of
it later." (p. 21)
* The line which divides the State along the common boundaries of San Lui.s Obispo,
Montei'ey, Kings, Kern, Tulare, Inyo, and San Bernardino Countie.s. This line,
which follows the sixth .'Standard parallel south of the Mount Dial)lo base line,
became established in tlie sviccessive actions which carved out the present coun-
ties from the great orisinal area of Mariposa County.
(18)
I
PROGRESS REPORT OK PROPOSED WATER PROJECTS 19
Riverside
Limt— p. 340— ''We believe that such ideas of rechiiniing sea water
to be rather ridiculous when nature has already done tliat for us and
stored it at high altitudes and at a time of the year when we would
be able to obtain it. We believe * * * an integrated flood control prob-
lem in the North, (a) conservation program, coupled with the recrea-
tional use of water, in these reservoirs both in the North and the south-
ern part of the State would make a very fine program for the State of
California. * * *"
Sacramento (Oct.)
Brodie — p. 66 — San Bernardino County estimates a need for 400,000
acre feet of supplemental water by 1990. State reports estimate an
ultimate total need of 3,348,000 acre feet of water.
Dibble — p. 70 — "On the Mojave Desert there were, before World
War II, areas of irrigated agriculture together with several small com-
munities and some industry. In recent years there has been amazing
development on the desert. Military installations such as Camp Irwin,
two Marin Corps bases at Dagget and Twentynine Palms, and George
Air Force Base have all expanded, as well as those in adjacent areas
to the West. The desert area has experienced a large increase in popula-
tion in residential and resort developments as well as commercial centers
and expansion of industrial facilities. In years to come it is anticipated
that tlie overflow from the metropolitan areas will cause tlie phenomenal
growth on the desert to continue, also aided by advent of freeways and
better roads, and clear air free from smog."
Dibble— p. 71 — Some areas in San Bernardino County that could be
served Colorado River water by Metropolitan Water District have not
joined the district. But even if all joined, their ultimate needs could
not be provided from this source.
Sacramento (Oct.)
Dibble — p. 78 — Need of San Bernardino County would be met by
works described in Bulletin No. 3, "* * * but with some question as
to aqueduct sizing."
Wilde — p. 87 — "* * * if any other line but the High Line w^ere
adopted we are in a most precarious position for water, and it is some-
thing that is very, very vital to us (San Bernardino Valley Municipal
Water District)."
Brodie — p. 63 — The Board of Supervisors of San Bernardino County
endorses the California Water Plan "* * * and more particularly the
'High Line' route * * *" but <'* * * serious considerations * * *
and the most detailed and exhaustive studies" will be made to estab-
lish proper adjustments to any ultimate final proposals.
Teale-Dibble — p. 84 — The Chairman: "Let me ask one more question.
If you could possibly squeeze more water out of the Colorado River,
is it feasible from a geographical standpoint to bring that into the
eastern half of San Bernardino County?"
Mr. Dibble: "Geographically, I believe it is, j^es. Some studies may
be made later in that connection but that raises several other problems
and one which is rather controversial as far as some people are con-
20 PROGRESS REPORT OX PROPOSED WATER PROJECTS
cerned is the quality of that water when it is put in at the upper end
of the watershed, then is used and runs downstream, it is reused and
reused several times. That water quality gradually gets worse and it
becomes (a) rather important question which has got to be answered
as to whether you can take a lot of that water into the upper end
of the watershed and allow it to be reused several times."
Riverside
Wilde — p. 227 — Read into the record paragraph 4 of page 3 of letter
from Rep. Harry Sheppard, addressed to the committee (full text of
the letter appears in the transcript of Riverside testimony on pp. 296-
301):
"In my position as the third ranking member of the House Appro-
priations Committee, I am the recipient of testimony emanating from
all departments of the Federal Government of the national economic
situation and particularly the economic problems of the West, includ-
ing the outstanding water requirements. I feel so definitely concerned
about the future economic condition of San Bernardino County and the
other counties referred to above (Riverside, Orange and San Diego
Counties) as that problem addresses it self to water, that I cannot in
good conscience support federal appropriations for any part of the
Feather River Project unless there is a clearly defined and unequivocal
commitment that San Bernardino County, along with Riverside, Orange
and San Diego Counties, will get their respective share of water emanat-
ing from the Feather River Project. From past experience and with
a very careful review of engineering technique, the only way under
present proposals that these interior counties can participate in the
Feather River Project on an equitable basis is to have the water de-
livered by the high line."
Riverside
Weeks — pp. 235-254 — Coachella Valley County Water District ap-
proves Bulletin No. 3 proposals, in general except that estimates of
need are considered deficient because not all factors considered. Dis-
trict spreads local runoff to underground now, would consider recharge
with imported water if all users over basin could be brought into dis-
trict and agreement reached on pumping charges. District looks to
State for supplemental water, fears dependency on single source, Colo-
rado River, even under an exchange agreement. District favors high
line route for state water.
Silverwood — pp. 319-320 — "Our most valuable annual natural re-
source is our annual state water crop. * * * This water crop should be
conserved as soon as possible and stockpiled in our great underground
basins in the water deficient areas * * * to insure the growing economy
and development of California. * * * After all, what good would our
excellent highway and school systems be if the tax base to support
these systems were impaired because of lack of vision to provide the
basic water need * * * ?"
Sacramento (Oct.)
Born — pp. — 269 et seq.— San Luis Obispo County endorses the Cali-
fornia Water Plan and recommends that it be adopted by the Legisla-
PROGRESS REPORT ON PROPOSED WATER PROJECTS 21
ture. The county is in agreement with state estimates of water needs,
but the data should be subject to continuous revision.
Sturgeon — p. 287 et seq. — Ventura County estimates are in agreement
with state studies.
Riverside
Crooke — p. 150 — "People, industry and commerce are moving into
California and into Southern California and at a very rapid rate into
our area (Orange County). We are building a sizable economic empire.
That empire must be protected and I think the money will be available
to pay for the necessary water. We probably will quarrel with the price
a little bit but I think we can do the job because if we don't, this
economic empire is going to blow up. So we must have the water * * *
the price of water now while it is higher is the cheapest insurance we
can buy. ' '
Jennings — pp. 152-161 — "We (San Diego County) agree whole-
heartedly with" the State Plan and the estimates in Bulletin No. 3
* * * " the data that is advanced as to quantities and approximate dates
(when we will require additional supplies of imported water) is based
upon the full yield and full development of all local water supplies in
Southern California plus the full utilization and use of the Colorado
River supply which means that the estimates are made on the basis of
the basins having been replenished and brought back to a position where
they can be then utilized on a net safe yield basis * * * ." Legislation
is needed to make it possible for water to be stored in Los Angeles and
Orange Counties, where there are underground basins, for use in areas
such as Riverside and San Diego where there is no adequate storage
on the surface or underground * * * "I don't know how we are going
to make a substantive change in the law of the State without a very,
very serious and well-thought-out program * * * and I don't see it
accomplished on any easy basis."
Sacramento (Oct.)
Bryant — p. 57 — "The California Water Plan is Our Plan and our
07ily plan for the development of all the ultimate needs for water in
* * * (Riverside) County."
RiVersicfe
Ceas — pp. 292-293 — "* * * because of a salt problem which we
already have in large measure in Riverside County, we need Northern
California water on account of its purity as compared with our other
supplemental source (Colorado River) * * * . We feel that the need
for supplemental water in Riverside County is so acute that maximum
use should be made of all available storage in the north as well as along
the entire route.
Payne — p. 256—' ' It is unfortunate that there has been no survey by
any agency (district, state or otherwise) to determine the safe yield of
the Whitewater River-Coachella Valley basin, therefore it is not pos-
sible to compute with accuracy the supplemental water which (it)
will be necessary to import. * * * "
22 PROGRESS REPORT ON PROPOSED WATER PROJECTS
Riverside
Sanders — p. 349 — "there is an immediate need for substantial quan-
tities of supplemental water within the 125,000 acres comprising the
proposed Wheeler Eidge-Maricopa Water Storage District (in Kern
County)."
6. The counties in water production areas are willing that actual surplus
waters be exported to areas of need. But they expect that any state water
development program will reserve and guarantee for them as much of
their locally originated water as they may need at any time for future
development. Such a general reservation precludes a quantitative determi-
nation of the amount of water available for export.
1. People in the areas and watersheds of origin share the unanimous
and wholehearted view that other areas of the State are welcome to
take water that is truly surplus to their needs. In the absence of a
clear and accepted definition of surplus water, people in the areas and
watersheds of origin are fearful of any state program which does not
start with permanent assurance of a full reservation of water for their
maximum development.
TESTIMONY References
Sacramento (Oct.)
Bishop — p. 212 — "* * * We hasten to add that we believe that any
water surplus to the needs of such counties of origin should be diverted
immediately to other areas of need so long as these waters remain
surplus to the needs of the origin counties. We do not feel that we
(Nevada County) should be tied down to any fixed amount of water
for our ultimate needs. Past experience in this State seems to indicate
that no man living is capable of making such estimates accurately due
to the myriad of unknown factors. * * *"
Teale-Spoor — p. 218 — Teale: "Has your county made any policy
decision as to desirability of open-end reservations as against specific
reser^^ation ? ' '
Spoor: "Very definitely. We favor general reservations. We take the
view that we are willing, as Mr. Bishop has indicated here in his report,
to share water not required in the counties of origin immediately,
which we think is very equitable ; but we think that we should be
provided with whatever waters are needed at any time, whether it be
the year 2000 or the year 3000, to the extent of the waters which fall
in that watershed."
Sacramento (Oct.)
Patten — p. 37 — About 10 percent of the water supply of California
originates in Shasta County, and "* * * we are interested in seeing
that lots of our water is available to other counties throughout the
State."
Sonora
IMomyer — p. 52 — Areas of need are welcome to water which is actu-
ally surplus to the requirements of Tuolumne County.
PROGRESS REPORT ON PROPOSED WATER PROJECTS 28
Spoor— p. 171— "The mountain counties at all times have been will-
ing to give— not sell— their surplus water to Southern California. P.iit
in consideration therefor they expect to be protected witli all of tlicii-
own water which they will ever need."
Strohm— pp. 85-86— "The future development of the mountain
counties could be assured if the rights to surplus water they now
export to other areas could be returned to them as their demand
increases and those now enjoying the water from these mountain coun-
ties would receive in exchange water from new and statewide develop-
ment. * * * "
" * * * we feel that we (Jackson Valley Irrigation District, Amador
County) are not using the water now and we want someone to use it
but there will be a day when we would like to get it back."
Sonora
Ide — pp. 74-75 — If needs of Amador County are met, there will not
be any surplus water except occasional large flood flows.
Hubberty— p. 120 — ' ' * * * our water problems in this State cannot
be solved by making * * * additional water deficient areas."
Sacramento (Oct.)
Patten — p. 43 — Shasta County does not consider that the county
interests are fully provided for in state planning — specific points of
technical disagreement are discussed in detailed report submitted.
Lewis — pp. 406-410 — Calaveras County studies indicate state esti-
mates of irrigable land are too low, water efficiencies are assumed too
high. Proposed works to export water from Calaveras County "would
require almost all of the remaining firm yield of the three rivers which
constitute the only economical sources of water for our county's use."
Lauritzen — pp. 428-429 — Mariposa's estimates based on studies of
state and local soil conservation experts, indicate more than four times
as much irrigable land as assumed in state estimates.
Sacramento (Oct.)
McDonough — p. 417 et. seq. — Amador County has a comprehensive
local planning and engineering program underway in co-operation with
state and federal agencies. Plans for full development rely on county
of origin reservation.
Anderson — pp. 261-262 — Placer County estimates " * * * do not
coincide with those of the State. The differences arise over the fact
that practical experience has revealed to us that the State's estimates
of irrigable acreage in our county, as well as the data on Avater required
for crops, are too low."
Edson — p. 232 — The hope for water development in El Dorado
County "would be lost forever" were it not for the protection afforded
by the county of origin law.
Sylva — p. 484 — ' ' * * * We believe that the area of difference there
was in the methods used, primarily because at the time we made the
survey we knew that we could irrigate those slopes by a different
method than was supposed to be used according to the state survey and
we felt that by using modern methods of sprinkler irrigation, Ave could
irrigate a great many more acres of land. We could irrigate land Avhich
24 PROGRESS REPORT OX PROPOSED WATER PROJECTS
was not quite as good land as was necessary for the other. We could
maJ^e it a profitable enterprise. And we feel, we have information and
data to support the need of four acre feet of water, at least, per acre.
And we believe the estimate of three acre feet of water per acre is not
sufficient for agriculture * * * within our district. * * * "
Sonora
Spoor — p. 168 — The right of areas of origin to fullest use of local
waters includes the right to the power potential of the water.
Spoor — p. 170, et. seq. — Upstream conservation works for local areas
should be financed simultaneously with works for export of water from
any watershed. * * * State should provide local works in watersheds
where major export works are now constructed and in operation.
Hinkley — pp. 7-8 — "If state funds are to be used to bring water to
downstream users and people in distant communities, we feel that state
funds should also be used to bring water to upstream users such as
ourselves (Tuolumne County)."
Jasper — p. 42 — "* * * the development on a watershed should be
considered as a unit and the water from that unit should be sold for
the same price whether it comes from the lowest dam or the high-
est one."
Sonora
Hinkley — p. 11 — State should plan and develop upstream conserva-
tion works at the same time the works for downstream export are under-
taken,
Ide — p. 76 — Need for development of entire watershed as a unit.
Brody — pp. 161-163 — If water conservation units or projects are de-
veloped separately rather than as full watershed development, the pay-
ment out of state general funds for rights of way, road and utility re-
location and other "nonreimbursable" items, would result in a greatly
disproportionate subsidy for large export projects as compared with
the small projects needed to supply upstream areas of origin.
Huberty — pp. 115-117 — Reservations for counties of origin should
" * * * include the power, the hydroelectric energy from that water as
also being subject to reservation. * * *"
" * * * prohibitions should be placed upon the Department of Water
Resources to keep that department from assigning or releasing any of
the water held under the so-called state filings to any agency outside
of the counties of origin without first making a reservation of a fair
share of the power revenues of that water of those counties of origin."
Sacramento (Oct.)
Carpenter — p. 172 — There should be "some form of aid to special
areas whose people are helping to pay for the California Water Plan
but who will derive little or no benefit." This might be in the form of
assistance in construction of projects too small to be included in the
plan, a form of full basin development at the time water is exported.
Lathrop — p. 501 — Siskiyou County supports proposals for full basin
development. "Capture, store and control high up in each watershed
water for local uses — and surplus moving to larger storage or pools for
transport southward. * * *"
PROGRESS REPORT ON PROPOSED WATER PROJECTS 25
Carpenter— p. 172— Water projects in Mendocino County as planned
in Bulletin No. 3 will "take a considerable bite out of the tax roll of the
county." Adequate compensation in liou of taxes for lost reservoir sites
should be provided.
2. Demand for full general reservation of water for maximum ulti-
mate use in areas of origin is not a "dog in the manger" attitude;
rather it is an expression of sincere concern for the local economies
affected, and a recognition that the economy of the State as a whole will
more and more rely upon the potential of the mountain areas as urban
envelopment of valley agricultural lands proceeds.
TESTIMONY References
Sonora
Hinkley — pp. 5-6 — Mountain lands will eventually be needed for
agriculture and industry as the urban envelopment of valley lands pro-
ceeds.
Sacramento (Oct.)
Lauritzen — p. 438 — "* * * our attitude is we are not going to play
dog-in-the-manger and ask for any water that we can't use * * * and
we are perfectly willing to see it go to those that can use it. However,
we believe on the basis of the studies we have made, we can demonstrate
that at a future time we can beneficially use a substantial quantity of
water and we ask * * * that no changes be made in the existing Coun-
ties of Origin Law. * * *"
Moran — p. 449 — "* * * some irrigated pastures will require as much
as six or seven acre-feet of water. Now, that sounds like an awful lot
of water, maybe it isn 't economically feasible to irrigate it, but eventu-
ally it may come to the place where we will have to leave economics out
of it in order to grow food to feed ourselves if we are going to use our
better land for other purposes."
Sacramento (Oct.)
Spoor — pp. 219-220 — There is a statewide and perhaps national in-
terest in adequate reservation of water for full agricultural develop-
ment in the mountain counties. ''* * * Steep land which shows on
aerial maps as forest and brush land can now be irrigated practically
with overhead sprinklers. It may not be economically feasible * * *
in the immediate future. * * * However, with world population in-
creasing at the highest rate in human history, it is probable that these
lands will be needed for food production ultimately * * * we are
thinking there of the brush land * * * the Department of Water Re-
sources has used certain criteria in determining whether or not they
are irrigable lands. You reach a certain pitch, certain degree of slope,
and it is brush land. * * * Well, from my own experience in Nevada
County * * * I have cleared that brush land, which has been very
steep, and I have raised tonnages of irrigated pasture equal to the ton-
nages raised in such a county as Butte where we saw those beautiful
pictures a moment ago. * * * I have had a little experience over the
past 45 years in it and your engineers oftentimes don't take some of
26 PROGRESS REPORT ON PROPOSED WATER PROJECTS
1
these practical things into consideration that a farmer knows can be
accomplished. * * *"
Sonora
Purdy- — p. 53 — Eecreational resources of mountain counties are de-
veloping rapidly to meet needs of expanding metropolitan populations.
But water supplies are now inadequate, and will limit this develop-
ment unless projects for export of water to metropolitan areas include
development of water for mountain areas of origin.
Brodj' — p. 159 — "It appears to us that there is no difference between
recreation as an industry as it affects the northern part of our State
than from the industry of the motion pictures in the southern part
of the State. * * * a substantial part of the wealth and economy of
the northern counties in this State depend upon recreational facilities.
In many areas that is the sole basis of revenue and we can see no basis
for distinguishing between our industrial efforts in that regard and the
type of industry for which the southern part of the State or other
parts of the State are seeking water."
IMomyer — pp. 45-53 — The undetermined future needs for industrial
water supplies in counties of origin should be recognized.
Spoor — p. 170 — Kecreation in the mountain counties is an industry
of equal importance to manufacturing industries in metropolitan areas.
Most of the people using mountain recreation facilities are from the
metropolitan areas.
Sacramento (Oct.)
Patten — pp. 46-47 — "* * * there is a great economic future ahead
for all of the northeastern counties" — the potential of the recreation
industry is just now being visualized.
McDonough — p. 422 — It is beyond the ability of Amador County to
finance construction of some reservoirs that have no flood control or
power features. "The recreational features of these reservoirs will be
of considerable statewide interest, and it is hoped that recognition of
these values will lead to some state assistance. * * *"
Carpenter-Regan- — ^pp. 172-177 — Recreation is going to be one of the
prime resources of ]\Iendocino County "* * * more important than
the water development in some respects. * * *"
Regan: "One further thing, we called the attention of your county
that if you are going to make the ultimate use of water for recreational
purposes, that you should be conscious all the time that you are not
going to use a dam or the water behind the dam for full recreational
purposes if they don't clear the reservoir completely. * * *"
Carpenter: "We are fully aware- of that. As a matter of fact, the
Ukiah Chamber of Conmierce has a continuing drive raising money by
voluntary subscription and also labor to clear the bowl of the Coyote
Valley Reservoir and the.y are working hard at it. They have had some
very good donations of equipment and men. They are working every
Saturday and Sunday clearing the bowl."
Regan: "T think if any agency built a dam in your county for ex-
porting of water, one of the obligations should be a complete clearing
and complete utilization of the waters there for recreational facilities."
PROGRESS REPORT OX PROPOSED WATER PROJECTS 27
Carpenter: ''Tliis will find strong support in Mendocino Connty. We
are well aware of it. ' '
Sacramento (Oct.)
Piatt — pp. 205-208 — Irrigable lands in Butte Connty are only 28
percent developed. The county has a great industrial potential due to
natural resources. " * * * we have surplus water but we also would
like to point out we want our requireinents taken care of too."
Patten — p. 54—-' ' I would suggest that more emphasis be placed upon
the 7ionconsi(mptive part recreation plays in water development * * *
incidental to the primary purpose of the development. ' '
Edson — p. 223 et seq. — State plans do not envisage sufficient storage
in El Dorado Connty. State estimates of irrigation water duty and
estimates for future municipal, industrial and recreational use are too
low.
3. Fears of the people in the areas and watersheds of origin that
water which could be used locally will be exported to distant lands
are based on one incident relating to the Feather River unit and by
many municipal or district construction of historical development for
import from areas of origin.
TESTIMONY References
Sacramento (Oct.)
Piatt — p. 194 — State plans do not propose to provide irrigation sup-
plies for an area of approximately 55,000 acres "* * * Ij'^ing north
and south of Oroville in the flat areas next to the foothills. * * * "
Sonora
Hawthorn — pp. 15-30 — Invasion of counties of origin by tax-free
governmental agencies developing water and power not only removes
land from county tax rolls, but adds tax burden for providing schools
and other services to employees of tax-free operations. (Tuolumne
County.)
Jasper — p. 41 — ' ' We believe that any municipality, or water district,
any state or federal agency owning land or improvements in a county
should be taxed on the same basis as a private corporation for that
count}' 's maintenance and government."
Brady — pp. 33-39 — Invasion of county of origin by "foreign" agen-
cies developing power and water is destructive to tax base.
Sylva — pp. 64-69 — Development of water and power in counties of
origin by "foreign" agencies leaves only the least feasible projects for
local developments ; " * * * we must make use of the most costly water
that is here." Development of power site by out-of -county governniental
agency on tax-free basis underwritten by private power is eciuivalent
of tax-free industry.
Sonora
Welch, Ide, McDonough, Hubberty, Raines— pp. 97-138— Complex
litigation and negotiations to est-ablish reservation for counties of origni
in the Mokelumne watershed under pending assignment of state fihngs
to the E. B. M. U. D. indicates these counties of origin must accept a
final quantitative settlement.
28 PROGRESS REPORT ON PROPOSED WATER PROJECTS
Sacramento (Oct.)
Edson — pp. 230-231 — A large part of the water and all of the prin-
cipal power drops in El Dorado County have been appropriated by
out-of-county agencies. Some form of grant or subsidy should be made
available for local water development in areas where this has occurred.
Banks— p. 23 — "* * * Another problem is the urgent need for ad-
ditional basic research to more adequately define unit water require-
ments for various types of water use. AVe find that adequate data of
this kind are available for only a very few areas of the State. For
example, in the Sacramento and San Joaquin Valleys data are avail-
able on irrigation diversions and applied water. * * * Specific re-
search on consumptive use by crops in other environments including
the mountainous areas is badly needed. There are now new techniques,
including use of radioisotopes, which are available to facilitate such
research and to improve its accuracy. * * * Northern and Central
California outside the Bay area have just begun their industrial
growth. AVe must know with some certainty the water requirements of
the types of industries that now exist in this area and the types which
may be anticipated in the future. Requirements for municipal and
recreational uses and for fish and wildlife must also be examined more
thoroughly than has been done in the past. * * *"
4. Even the best forecasts of development in the areas and water-
sheds of origin at particular points in time, or ultimately, do not pro-
vide a sufficient basis for a quantitative reservation of water for such
development.
TESTIMONY References
Sonora
Ide — p. 75 — ■"* * * Any plan to export the additional water from
the Mother Lode area should be based on a careful re-evaluation of
local needs and should be premised on some agreement for the recap-
ture of water for these areas if their needs exceed the estimates."
Sncramenfo (Oct.)
Banks — p. 26 — "* * * because of continually changing economic
and social conditions and development of new technology, no estimate
made now of future water requirements can or should be considered
absolute. * * * Our feeling has been * * * and we have so recom-
mended in many instances, that a general reservation be made for the
areas of origin rather than a specific reservation. * * *"
Lauritzen — p. 439 — "* * * There should not be any attempt to fix
permanently or for all time quantitative allocations of water to the
other part of the State or to us. * * * "
Humphrey — p. 464 — Plumas County does not request assignment
from state filings on Upper Feather River in any specified amount
"* * * but has requested sufficient water for its future ultimate
needs. * * *"
Orchard — pp. 179-180 — "* * * This problem of how much water
should be reserved is one that scares us. We feel that engineering
studies at best are about an educated guess. AVe feel that something
should be worked out so that if conditions change in a valley — for
PROGRESS REPORT ON PROPOSED WATER PROJECTS 29
example, the Round Valley which is next to Covelo, an area of about
17,000 acres, so far it hasn't been irrigated nearly to its fullest extent.
It is also, a developinj? area for recreation, being right next to the
Mendocino National Forest and also is developing quite a lumbering
industry there by reason of the sales of national forest timber in that
area. And I think any effort to specifically set forth an amount of water
that that valley will need in 50 years or a hundred years would just
be a guess. We don't want to see the situation where' if conditions up
there should change or manufacturing or timber processing should
develop there, that they would be sitting there some time in the future
with water passing by their door that they couldn't utilize. * * *"
C. The manifold problems inherent in serving a specific area with water
from a specific project suggest a utility-contract concept under which the
State assumes responsibility under contract to provide a firm supply of
water to customer areas, with a corollary firm general reservation for
production areas.
1. Designation of specific "service areas" to be served by specific
"projects" and with specific rights to specific water sources raises a
host of problems that cannot be solved within this framework and which
give rise to major objections from large areas of the State. These
include :
a. The use of quantitative reservation for areas and watersheds of
origin.
b. The problems associated with recapture of water by areas and
watersheds of origin after a period of use by exporters.
c. The problems of (1) defining beneficial use as it may affect the
reservation and recapture by areas and watersheds of origin, and
(2) the need for recognition of precedence or priority of the
various beneficial uses.
d. The problem of defining specific service areas with inevitable by-
passing of lands dependent upon watercourses of origin and
having an inherent geographical advantage over the more distant
service areas.
e. The problem of water pricing when the capital costs of each
particular project are repaid.
f. The problem of defining statewide interest in a particular project
if general funds or credit of the State are to be used in its con-
struction.
TESTIMONY References
Sonora
Hartley — ^p. 9 — Opposition to allocation of water from specific
sources for export " * * * jf there is any other way to do it. ' '
Sacramento (January)
Kennedy-Donnelly— pp. 377-381— Donnelly : "Mr. Kennedy * * *
have you any suggestion to make as to how Northern California could
protect its irrigation and its otlier interests from inroads, not only by
Los Angeles, but others in the southern part of the State?" Kennedy:
" * * * I believe * * * the deep import of Senator Donnelly's question
30 PROGRESS REPORT OX PROPOSED WATER PROJECTS
* * * iiiYolves a matter that has not been completely litigated in Cali-
fornia as to the highest and best use of water. That is, I am familiar,
of course, with the provision in the California Water Code that the
highest use of water is for domestic purposes * * * I would say * * *
that those who have firm legal reservations, those who have allocations
separate and distinct from reservations, are entitled in the settlement
of the plan to be fully protected in the definitive allocation of the
Avater assigned to them and should not be put in jeopardy as to what
a future court might do with respect to at this time of an unknown
definition of the highest use of water. * * * As far as I understand the
true attitude of the people in the South, they are entirely in good faith
in giving full legal and practical implementation to what I have called
the point of beginning in the solution of the problem that we are deal-
ing only with export waters, Avith surplus waters. * * * I think that
if the South is in good faith, that is, only dealing with snrplus or
export waters, that we must deal with the problem." Donnelly: "An-
other thing that bothers us is whether the future needs of the people
in the northern part of the State of California will be protected. * * *
and we can't trust to what the future holds or what the people in Los
Angeles in generations to come might feel about the matter once they
had acquired and used the water and have what they might consider
a firm water right." Kennedv: ''Are. you talking about physical situ-
ations brought on by drought or brought about by changes in the
weather pattern or in the rainfall or also are you talking about reason-
able ultimate needs created by an expansion of their economy? In the
water papers that I have prepared and in the many talks that T have
made. T have dealt with it that from the standpoint of the North, they
are entitled to be protected on both situations, both as to the physical
situation and. secondlv, as to their richt as a part of California to
expand and grow and have their economy changed." Chairman (Des-
mond) : "Well, we would also like to dwell, not now. but in the future,
on the possibility that has been raised of the Metropolitan Water Dis-
trict, a municipal organization, whether or not thev have the right or
power^ of condemnation or eminent domain insofar as water in the
Delta is concerned. You might turn that over in your mind, too."
Riverside
Pierson — p. 172 — " * * * ^re we (Tmperial County) to be asked to
pav for these water projects without direct benefit?"
Krieger — p. 259-267 — "In this area f Western Municipal Water Dis-
trict of Riverside County) we knoAv that the next supply of supple-
mental water must in all probability come from the North. We know
the need is close at hand. * * * We believe, in accordance with Bulletins
1, 2 and 3 of the State Department of Water Resources, there is an
ample supply of water in the State for the development of the entire
State and that water from areas of surplus can be transported to areas
of deficiency without jeopardizing the needs of the counties of origin.
And we are persuaded that the State has not developed this water
because of a combination of economic, legal and political causes.
"* * * in 1927 the Legislature authorized the State to make filings
on all unappro])riated water * * * and these filings liave been kept
alive * * * waiving due diligence on the part of the State * * * be-
PROGRESS REPORT ON PR01'Of;En WATER I'ROJECTS 31
fore any filings M-ere released to other agencies it was legislated in the
early thirties that the full development of llie counties of origin must
be assured * * *. But this -wasn't enough protection either. And as
* * * the waters of the Sacramento River were about to be transported
across the Delta and deep in the San Joacjuin Valley * * * the further
statute * * * w^as adopted * * * the Watershetl Protection Act. * * *
One may be reluctant to contract for waters which may be recaptured
by an uncertainly defined adjacent area * * * apparently the State
can't release its filings with assurance to nonstate agencies unless the
counties of origin are satisfied and give their blessing to the export
project. Hence, it is my opinion that one root of the problem lies in
the peculiar and restrictive laws which we adoi)ted in the early
thirties * * *
"Either we have got to unshackle the State and let it build, or agen-
cies up and down the State should be permitted to develop their own
water supplies. * * *"
Riverside
Regan-Krieger — pp. 274-275 — Regan: "What is your position then
assuming that the State constructed a project and delivered water to
a project area and over the amortization period the cost of the project
was paid off, then what does that area do as far as pajdng for water is
concerned?" Krieger: "I think that project has paid its full reim-
bursable cost and should be relieved of any further responsibility."
Regan: "Then you can't develop the California AVater Plan." Krieger:
"I think you can develop the California Water Plan if each contract-
ing agency agrees to repay its full reimbursable costs." Regan: "Well,
most of the areas of the State are not even going to get into water busi-
ness then. You are not going to be able to deliver water unless the
State, in effect, assumes some responsibility to supply water to the areas
which eventually will grow."
2. As an alternative to the project-service area procedure, the State
could act as trustee for all remaining surplus waters and accept respon-
sibility to deliver water under contract to all users who would pay the
costs properly allocable to delivery at particular terminals, resolving
virtually all of the problems inherent in the project-service area pro-
cedure.
TESTIMONY References
Sonora
Brocly— p. 160 — Economic and financial integration of all units in a
statewide water development program is necessary, otherwise, only a
few of the least costly units will be developed.
Riverside
Boen-Regan— p. 222— Discussion of specific project versus a statewide
water development program: Regan: "One question. On the last page
of your statement, Mr. Boen, you state as follows: 'To avoid water cur-
tailment or shortages in the Eastern Municipal Water District and other
areas of Southern California, it will be- necessary that the Feather River
Project be completed,' and so forth. Now, do you mean that particular
32 PROGRESS REPORT OX PROPOSED WATER PROJECTS
project must be your life blood down here, or there must be importa-
tion of water from the north? AAliieh do j'ou mean? Why do you say
the Feather River Project?" Boen: "Well, the Feather River Project
is the project that we know, that we are familiar with here as being
the one that would bring water, supplemental water, to our general
area, to Riverside County." Regan: "•* * * there are a number of
schools of thought as to just which project might eventually get built
first or whether there Avill be simultaneous projects built. Wouldn't it
be a sounder statement to say you would have to have imported water
in the area, rather than say it must come from a particular project?"
Boen: "I think that is correct, sir."
Riverside
Regan — p. 314 — "* * * all the waters which arise in the combined
Sacramento-San Joaquin area * * * will eventually be needed in the
development of the Sacramento-San Joaquin. So that there is no export
water available according to Bulletin No. 3 I don't mean it is being
put to beneficial use today but eventually it will be needed * * * so if
3^ou were able to import 1,700.000 acre-feet into Southern California,
you have created a deficiency that must be taken care of by bringing
supplemental water from some other area into the so-called Delta region
* * * if you build a structure to take water from the Delta * * *
there must be built into the California Water Plan * * * the means
by which the deficiency which you are creating * * * will ultimately
be corrected which means you can't stop at one project."
kiverside
Smith — p. 333 — "The farmers who set up, underwrite, and pay for
the original water distribution system in any area are laying the
foundation for certain industrial and urban development to follow,
and the State could well afford to assist in this basic development of
California by keeping the rates for water as low as possible to the
original agricultural developers."
PUBLICATIONS
Second Anginal Progress Report, 1957-58, Department of Water Re-
sources, Director 's Message, ' ' The Delta Pool Concept " : " * * * Ob-
viously implementation of the Delta Pool Concept requires a continu-
ing and progressive program of construction of conservation works in
the areas of surplus to meet the increasing demand as the needs of
ioth the areas of deficiency and the areas of surplus expand. It is ob-
vious, too, that upstream conservation and storage, and in some in-
stances, offstream storage are essential elements of this concept. It also
is obvious that this concept implies complete operational integration of
all conservation facilities supplying water to the common point of diver-
sion and financial integration of successive projects constructed by the
State.
"The suggested program will cost considerable sums of money over
the years. These costs must be balanced against the State's economic
future. Many of the other existing programs of the State are costly but
unless we protect the investments these costs reflect, by the continued
PROGRESS REPORT OK PROPOSED WATER PROJECTS 33
provision of an adequate and timely water supply, some of the value
of these investments may well be jeopardized."
D. // is feasible for issues of fhe California water development program tfiat
are as yet unconfronted and details that are undefined to wait on further
studies— studies in which the counties wish to participate and in which they
should participate, with the Department of Water Resources and the Leg-
islature—if the results are to have economic, engineering and political
validity.
1. Preliminary views of the counties which have started or completed
independent water studies raise important questions as to the adequacy
of state planning as presented in Bulletin No. 3 and prior bulletins.
TESTIMONY References
Sacramento (Oct.)
Bryant — p. 57 — "The underground storage basins in those wa-
tersheds (Riverside County) are being depleted at an alarming
rate. * * * "
Rothwell — pp. 164-165 — Wa.ter from Folsom Dam is not being used
appreciably in Sacramento County because " * * * at the present time
we are suffering from what you might call ' ground water complacency. '
In our Folsom north area at the present time they are pumping from
60 to 90 feet and they have very good water. It is pretty hard to
convince these people. I am making an effort to do that, it is not going
to last. The State has made reports, rather, the Bureau of Reclama-
tion; our own engineers reported that eventually the water would be
down. With the growth of the county the way it is, they will be
pumping from 200 to 230 feet."
Deaver — pp. 264-265 — Monterey County "* * * is opposed to the
adoption of any state policies or programs which would create state
control over the county's plans for its own development and the time
and program under which such projects may be constructed. Monterey
County is also definitely opposed to state control of ground water as
proposed in Bulletin No. 3."
Sacramento (Oct.)
Letter — Sutter County "Water Board — p. 471— "The present basic
problems in Sutter County are the progressive and permanent lowering
of ground water levels and attendent degradation of mineral quality
of ground water."
Dickenson— p. 389— In San Joaquin County ''* * * about 330,000
acres receives practically all irrigation water by pumping from wells,
and is confronted with a gradually receding underground water table.
This is the area about which we are now primarily concerned." (This
area would be served by the proposed Folsom South Canal.)
Riverside
Edmonston — p. 121 — Storage of water in a basin on an interim basis
gives rise to legal problems if it is later withdrawn for use elsewhere.
2— L-4662
34 PROGRESS REPORT OX PROPOSED WATER PROJECTS
* * * "There is nothing in the books that says it is yours and you
can go back and recover it."
Farquhar— pp. 130-131 — "The program proposed for the replenish-
ment district could actually be in operation now if all the legal angles
were solved and if money was available to install the necessary pipe-
lines. * * * It may be that we need help to expedite this program.
Assuredly the many overlapping entities do not make for speedy
decision, ' '
Riverside
Crooke-Porter (Assemblyman Carley Porter, sitting with the com-
mittee by invitation) — pp. 138-150 — Crooke: "* * * the field of
ground water management * * * (is one) in which not too much
knowledge has been gained in both operational techniques and method
of finance. * * *
***** average water levels in the 3,200-plus water w^ells of the
(Orange County "Water District) have been raised approximately 10
feet. * * *
*'* * * terminal storage facilities to meet the month -by-month de-
mand throughout the year in these areas are apparently not economi-
cally sound." Porter: ''* * * nobody wants to give up pumicing rights.
* * * Now, w^hen Orange County embarked on their replenishment
program * * * including the levying of that $3.90 tax, did you run
into any legal problems?" Crooke: "* * * we have water rights and
we have water supply. Now, I think the basic reason why we have not
adjudicated rights is we would all have found out we have a right to
that which didn't exist. * * *
"We know that the natural supply w^ould long since have been gone
and there just wouldn't be any if we hadn't had the supplemental
water, so I think everybody is pleased to proceed on this basis."
Riverside
Laverty — p. 87 — "Value of underground storage as compared to
surface storage * * * is of inestimable value." p. 95 — There is need
for "a lot of investigating" into waste water reclamation for recharge
of ground w'ater basins.
Diemer — pp. 99-101 — Colorado River water can be spread and stored
in underground basins during 10-year interval before Metropolitan
Water District demand equals capacity of delivery conduits; small
amounts already are being spread; a replenishment district is being
formed to charge users for recharge water pumped from the basin.
"We should try to utilize this capacity * * * if there is a million-
and-a-half acre feet of storage in these underground basins and the}''
can be filled, they would tide us over until the water gets in here from
the north or until sewer Avater or something else is reclaimed."
Diemer — p. 103 — "Establishment of an expanded and continuing
program of replenishing underground water basins in the coastal plain
of Southern California needs authorization by our State Legislature
for an intensive study of these basins by our State Water Resources
Department. I respectfully repeat the urgent request that such author-
ity be given by the Legislature."
PROGRESS REPORT ON PROl'USED WATER J'ROJECTS 35
Riverside
Todd — pp. 45-49 — University of California engineering department
is conducting investigations into techniciues for measuring ground
Avater velocities, including seepage from leveed rivers which results in
annual estimated damage of $880,000. Tritium, a radioactive isotope
of hydrogen, shows promise as a tracer in measuring underground
flow.
Hall — pp. 50-60^ — Summary of three research projects by engineering
department, University of California at Los Angeles; on the economic
replenishment of underground water supplies:
(1) "Experiments co-operative with the Kern County Land Com-
pany, Bakersfield, indicate that a considerable volume of water
can be recharged through overirrigation of alfalfa during the dor-
mant season. Additional work needs to be done. * * *"
(2) Clay layers slow the downward percolation of water from re-
charge basins, causing "perched water tables" which spread
laterally and interfere with inflow as they rise. Understanding
of those problems will assist in the location and design of ground
water recharge systems.
(3) The use of digital computers appears promisi)ig in calculating
optimum economic use of water supplies. "For example, it
would be helpful under the 'conjunctive use' plan for surface
and ground water reservoirs to know hoAv much water should
be stored in each possible location so that the total cost of the
water to be used will be a minimum. ' '
Riverside
Pillsbury — pp. 64-66 — Summary of research by department of irri-
gation and soil science. University of California at Los Angeles :
(1) Skimming of saline waters from surface reduces saline con-
tamination of ground waters through percolation.
(2) Coachella Valley study of ground water "provided an essential
base for any future work on the effects of the imported water
on ground water quality."
(3) "Another effort, still in the planning stage * * * will initially
be concerned with the feasibility of utilizing abandoned irriga-
tion wells as injection wells to 'bank' potable Colorado River
water in underground basins."
(4) Reclamation of agricultural waste water promising by compari-
son with sea water, the ratio of salinity being 1 : 10.
Laverty^ — pp. 71-84 — Injection through wells adjacent to Manhattan
and Hermosa Beach created fresh water barrier along 4,500 feet of
coastline "as a positive means to stop sea Avater intrusion." Studies
are continuing.
There is "serious need of a replenishment program which will take
into account proper management of the basin and proper building up
of the ground water levels at the right location. * * *"
Experiments in reclaiming sewer water found new problems in each
situation; the "need to recover these waste waters and mak(> use of
36 PROGRESS REPORT ON PROPOSED WATER PROJECTS
them for underground storage makes it desirable to set up a demon-
stration plant. ' '
Riverside
Diemer — p. 115 — Southern California won't need new supplemental
water supply as soon as Department of Water Resources figures show
"* * * if you fill these underground basins. * * *"
Diemer — p. 109 — Legal complications may require legislative action
to prevent litigation.
O'Connell — p. 290 — There is concern over the use of the figure, 70
million acre-feet, as an average of surplus water believed to be avail-
able. "That number may go anywhere from 18 million to 135 million
acre-feet, depending on the year and season and I think much of the
difficulty that is occurring is our failure to recognize the long cyclical
variation in this so-called northern surplus."
Sacramento (Oct.)
Banks — p. 14 — Department of Water Resources Bulletin No. 2 was
a "reconnaissance study" of i^otential water use— a current investiga-
tion will bring this information up to date and expand it into more
detail as applied to relatively small areas. Planning of projects is not
a part of this study, but is covered in other investigational programs.
Martinez
Louttit — p. 127 — The solution of California's water problem is the
conversion of sea water to fresh water.
Sacramento (Oct.)
Banks — p. 30^ — "* * * in our studies and in our answers, we will
give full recognition to rights insofar as we know them, but I Avould
call to your attention one significant thing we do not know; that is,
unused riparian rights. We have no way and under the scope of the
investigation so far, there is no way of determining. That might be,
in some areas, a significant thing. And there may be some rights which
are not being lully used at the present time which were initiated in
the late 1800 's, say, of which we have no record. We don't know their
magnitude. We do not know whether they are still valid or not. We
feel, in the interests of the people of the State of California as a
whole, (that) * * * some day there is going to have to be a * * *
comprehensive determination of water rights in this State * * * now
is the time to begin to collect that information because a lot of people
(who) have that information in their heads will not be here much
longer * * * and if we don't obtain it now, it is going to be irrevo-
cably lost."
Sacramento (Oct.)
Dibble-Teale— pp. 79-80 — Dibble: "Well, how much is it going to
cost?" Teale: "Well, the question is not how murh it is going to cost,
how much can j'ou pay? * * * we certainly don't want to construct
anything that is going to be far beyond your ability to economically
pay. * * *"
PROGRESS REPORT ON PROi'OSED WATER PROJECTS 37
Balmer — p. 321 — Local fiiiaiu-iiig' of water projects has somotinies
failed because "* * * during the first few years of operation the cost
of water would be so high that the area couldn't stand it * * * that
is the problem * * * that is faced throughout the wliole California
Water Plan — how are you going to carry these costs during the de-
velopment period ? ' '
Bishop — p. 211 — Nevada County plans study of possibility of financ-
ing local water projects with power revenues.
2. Because they have direct political responsibility, the county boards
of supervisors, co-ordinating and sometimes reconciling the views of
local water agencies, can provide that democratic review of state water
planning that is essential if the state program is to meet the needs of
the various areas with maximum benefit and minimum damage. Most
counties are willing and eager to present their views and have the
necessary studies underway. Some will require state help.
TESTIMONY References
Riverside
P. 359 — From telegram to committee from Harold W. Kennedy,
County Counsel of Los Angeles County :
"* * * As representative of the entire county and all interests do-
mestic, industrial, and agricultural, our board of supervisors reserves
the right to officially speak for the County of Los Angeles and will dis-
charge its full duty as recommendations come from your committee,
other legislative committees dealing with water, and from the Legisla-
ture itself. ' '
Sacramento (Oct.)
Crowle— p. 134—" * * * Works described in Bulletin No. 3 * * *
would meet the future water requirements of Alameda County, pro-
vided that the capacities of the importing aqueducts are increased to
meet the ultimate requirements. * * * "
Rothwell — pp. 161-162— Sacramento County estimates of ultimate
water requirements are substantially higher than state estimates, due
to interpretation of irrigable lands and a different water duty, and
"* * * another thing, naturally, we never short ourselves in making
these estimates. ' '
Sacramento (Oct.)
Henley— pp. 124-126— Local estimates by Santa Clara— Alameda—
San Benito Water Authority are in agreement with state data, but
"* * * it is felt that the South Bay Aqueduct, as described in Bulletin
No. 3, has been insufficiently investigated. * * *"
Roll— p. 114 "The ultimate requirements of Santa Clara Valley are
nearly double the amounts which Bulletin No. 3 works propose to
furnish. Studies now under way indicate that alternate methods of
furnishing imported water will in all probability be more economical
than the South Bay Aqueduct as proposed in this bulletin." Detailed
data is presented. „ , , ■, n
Currlin— p 129—' ' * * * It is the intention of the board of super-
visors, through the countywide Santa Clara County Flood Control and
38 PROGRESS REPORT OX PROPOSED WATER PROJECTS
Water Conservation District, to engage a firm or firms of water con-
sultants to analyze all stndies being made and to co-ordinate the water
problems of Santa Clara County. When this final analysis is made your
committee will be supplied with a copy. ' '
Turner — p. 91 et seq. — The City and County of San Francisco has
sufficient water rights and water supply to provide for its own ultimate
requirements and the ultimate requirements of large metropolitan
service areas in San Mateo, Santa Clara and Alameda Counties. The
City and County of San Francisco plans to provide full financing of
this development.
Sacramento (Oct.)
Bryant — -p. 58 — Comprehensive studies of requirements for Riverside
County are underway. Report will be submitted at later date. Riverside
County ofiicials feel it is necessary that State planning data be brought
up to date in light of possible loss of water supplies due to pending
litigation on the Colorado River, Santa Margarita River and Santa Ana
River.
Ilumphrc}' — p. 465 — Estimates prepared by tlie county's consulting
engineer are in close agreement with state estimates for Plumas County.
Dickenson — p. 402 — Estimates for water requirements for San Joa-
quin County should be " * * * brought up to date and increased. ' '
Moran — p. 442 — State plans do not contemplate works on small tribu-
taries of Sacramento River in Tehama County, yet these are the only
source of supply for much of the county. Tehama Count}- has formed
a countywide agency for the purpose of determining the ultimate needs
and supply of water for the entire county. Several state and federal
studies are underway. Preliminary county data indicate a need for
water greater than state estimates.
Sylva — p. 479 — Tuolumne County is presently engaged in a county-
wide survey in co-operation with the State covering all phases of water
development.
Sactamento (Oct.)
Letter — Sutter County Water Board — p. 469 — The board is making
a study of water needs and inventory of Avater use and supply.
Lewis — p. 411 — Calaveras County has retained consulting engineers
for "* * * review of the previous planning and preparation of a
preliminary engineering report for the total water development plan
of the county. ' '
Kern County letter — p. 350 — The Kern County Board of Supervisors
"* * * has authorized the count}- survey or to make a study and sur-
vey of ultimate water requirements for Kern County and has entered
into a contract with a well-qualified consulting engineer to assist in this
work. ' '
Sorensen — p. 360 — Detailed study of Tulare County's water needs
is underway. Previous surveys are being brought up to date. Generally
the county data is in agreement with state estimates.
Stoddard — pp. 325-326 — Solano County is preparing detailed in-
ventory of water supply and needs, but this will be difficult unless the
State provides some assistance ''* * * so that there could be some
mutual planning.'^
PROGRESS REPORT ON PROPOSED WATER PROJECTS 3U
Harlan — pp. 334-335 — State estimates of water requirciiients are low,
they assume too high an efficiency of water use for Yolo County. Also
* * * we are doing a lot of double-cropping. We think that is per-
haps going to be a trend. * * *"
Sacramento (Oct.)
Gruff — pp. 348-349 — Detailed local studies show that Fresno County
has a present water deticiency of 1.5 million acre feet, "* * * that is
what we are mining from ground water at the pi-esent time."
Bandy — pp. 471-472— The Madera County Water Commission is
undertaking to co-ordinate all water planning by local, state and fed-
eral agencies in the county. Only preliminary information is available
therefor.
Bold — p. 298 — Contra Costa County has detailed studies of its water
problems underAvay. Preliminary data indicates state estimates of ulti-
mate needs are low. County data indicates substantially larger amounts
of agricultural and industrial water will be ultimately needed.
Brodie — p. 65 — "* * * Your invitation to appear here today is be-
lieved to be the first instance of direct approach for word from the
governing body of the county, as relates to resources and needs, present
and future, in the matter of water supply. * * *
"Prior to this time, the county government has not engaged itself
in detailed studies of the nature here involved, but has kept under care-
ful scrutiny the progress of the widespread and overall engineering
studies of the Department of Water Resources in anticipation of their
near final summaries. At such time as the county is requested, such
engineering studies of detail will be made as may be necessary to prop-
erly evaluate the findings of the department and to effect due co-ordina-
tion in the best interest of the county. ' '
Sacramento (Oct.)
Adams and Deatsch — p. 233 et sen. — A comprehensive stud}^ of water
needs and supply in Stanislaus County is presented. The supply is
adequate for ultimate needs, but there will not be surplus for export
after full development.
Anderson — p. 252 — Placer County plans to undertake comprehensive
studies of its water problems in relation to state planning.
Deaver — p. 266 — Monterey County has plans and studies underAvay
for full development of remaining local water sources, but Mall need
imported water to supply ultimate requirements. If water is imported
by the State, the county would expect to participate in such projects.
Stoddard— pp. 314-318— State estimates of need for supplemental
water in Solano County are inadequate. Industrial development in the
county "* * * will require a vast amount of water."
Piatt— p. 194— Butte County independent studies show some 84,000
acres of irrigable lands above state estimates.
Sacramento (Oct.)
Piatt— p. 200— "Oar studies of Butte County water needs are in
agreement with estimates of the Depai'tment of Water Resources. The
two main areas of disagreement are : A. the department presumes too
great an efficiency in the use of diverted water ; B. The Department has
40 PROGRESS REPORT ON PROPOSED WATER PROJECTS
classified as " nonirrigable " thousands of acres of our excellent foot-
hill land. We have many practical demonstrations of similar or identical
lands now being operated successfully for agricultural purposes. I at
this time would ]il\:e to point out that the specimen of our Queen olives
and the avocados before you that was grown in Butte County, are
grown on lands that, there are thousands of acres, that the department
said were not irrigable."
Banks — pp. 21-22 — "We believe that the counties may be helpful to
the department in determination of their future needs in two principal
ways. First, as indicated by the aforesaid experiences, the counties
should appoint or activate water boards of the most qualified and repre-
sentative people available. These boards could then check and comment
upon land use and land classification surveys at an early stage in the
work through the advice and guidance of their farm advisor or other
local experts. Such matters as long-range planning for the counties
could be considered. At a later stage in the work, the boards could
review and comment upon the department's estimates of unit water
use values and the calculation of present and future water require-
ments. They could review and comment upon the department's analysis
of water supplies as related to water requirements. Finally, the water
boards could counsel the department regarding any recreational plans
or plans of some other kind the county may wish to develop. The sec-
ond way in which the counties could be of assistance would be to enter
into co-operative agreements with the department in the collection of
basic data of various types in order (1) to eliminate any possible over-
lap of such programs, and (2) to promote better understanding through
close co-operation between the county and the department. This already
has been done in the case of several counties."
SECTION V
ABSTRACTS FROM TESTIMONY ON
DELTA PROBLEMS
A. There is much history of damage to the Delta economy from deterioration
of water quality.
1. Under natural conditions the Delta was as well off or better off
than today. Periodic saline intrusion was corrected by seasonal flood
flushing of channels. Seasonal fresh flows also facilitated needed flush-
ing to leach salts from land. Historically, Suisun Bay was fresh for
long periods; former users were able to barge water seasonally, then
had to give that up.
TESTIMONY References
Stockton
Hall— p. 48 — increasing saline return flows of San Joaquin River.
Raab — p. 86 — periodic need to leach salts from land.
Raab — p. 97 — water barged to steel company at Pittsburg.
Martinez
Carey — p. 223 — present practice of land flushing of Grizzly Island
with seasonal fresh flows in Montezuma Slough, downstream, from Col-
linsville.
Burton — p. 26 — "Contra Costa has been damaged inestimably by
attrition of its rights as a watershed county. From the days when
riparian owners could obtain great quantities of fresh water from
Carquinez Straits, to the present when agriculturists in the Delta are
having difficulty obtaining fresh water for late summer irrigation, de-
velopment of upstream storage has accomplished confiscation of Contra
Costa's water without compensation to the cities, the industries or the
farmers so damaged. ' '
Barnett — p. 214 — Originally, adequate fresh water supplies at Beni-
cia practically destroyed by progressive effects of upstream diversion.
PUBLICATION:
Thompson Thesis— ^^. 22-26 — Development of Delta in spite of
saline intrusion since 1841 — crop damage data 0.82 percent.
2. Upstream diversions and upstream consumptive use have damaged
the water supply in all parts of the Delta.
TESTIMONY References
Martinez
0 'Council Exhibits— " Effects of Salinity Encroachment in the Sac-
ramento-San Joaquin Delta" Plates A to E.
(41)
42 PROGRESS REPORT OX PROPOSED WATER PROJECTS
Muir — p. 74 — history of water qualitv and water rights at Mallard
Slough, downstream from Antioeh.
3. Management of releases from upstream storage has not improved
water quality in southern, eastern or western portions of the Delta. The
effects of upstream dams have counteracted effects of upstream diver-
sions. Upstream diversions have caused a deterioration of water quality
that is no longer counteracted by flood flushing.
TESTIMONY References
Stockton
Raab — pp. 76-88 — Consequences of upstream diversion.
Hall — pp. 43-48 — Upstream diversions leave only low quality return
drainage in San Joaquin flow to Delta much of the year.
Louttit — p. 152 — Department of Water Resources Publication, 1956,
' ' Interim Report, Lower San Joaquin Water Quality Investigation. ' '
Hogan — p. 169 — "The Stockton Chamber of Commerce is interested
* * * in preventing contamination of the Delta waters by drainage
into the San Joaquin River from numerous irrigation ditches in the
San Joaquin Valley."
Martinez
Tillman — p. 70 — History of .salinity at intake of City of Antioeh.
Sacramento
Banks — p. 46 — '"Senator Johnson: * * * the pinching off now of
some of the flood waters that were allowed to run through the Delta has
affected the quality of water as of now. * * *
"Mr. Banks: There is no question in our mind but whax upstream
development and upstream use has adversely affected the Delta."
4. Export of water through the Tracy pumps has created new prob-
lems for the Delta, resulting from interference with natural distribu-
tion of fresh water by tidal action, concentration of saline return flows
of the San Joaquin River, and a reduced and modified head for irri-
gation.
TESTIMONY References
Stockton
Meek — p. 29 — "We don't get the tide action recovery we used to get.
When high tide comes in and the pumps are pumping steady, it just
doesn't fill up like it used to. ' '
Raab — p. 102 — Tracy pumps lower water level at low tide according
to measurements at Antioeh and Clifton Court.
Meek — p. 34 — The pull down at the Tracy pumps drains water away
and out of other channels.
Monagan — p. 20 — "What used to be a navigable stream is now only
a trickle of water * * * you can only pump water at high tide and
the water we can use is the runoff that has been used to irrigate both
sides of the San Joaquin. ' '
Meek — p. 31 — "practically no recovery from a high tide action at
aU."
PROGRESS REPORT OX I'KOPOSED WATER PROJECTS 43
Martinez
Honegger— pp. 56-65— Pumping and saline return flows seen as a
threat to Delta.
5. Apparent disregard of "salinity control" as a primary objective
of the Central Valley Project threatens to decimate important areas
of the Delta which are not expendable." The salinity control which
was an original purpose of the Central Valley Project, witli the United
States as agent, is being abandoned by the Bureau of Reclamation, by
administrative decision only, except as needed for protection of quality
at Tracy pumps, but has not been abandoned as a prime purpose of
the CVP as envisioned by the State of California.
TESTIMONY References
Martinez
Carlson (introduced by Miller) — pp. 7-14 — Miller: "Our next wit-
ness is one of the members, along with Francis Collins and Bill
0 'Connell, of the Special Committee on Water Resources that has been
appointed by the Contra Costa County Board of Supervisors. lie is a
veteran legislator * * * and (in) 1925 was a charter member and at-
torney for the Salt Water Barrier project * * * through 1933. (In)
1931 and 1933 he was Governor Rolph's representative in AVashing-
ton * * * (and) secured construction of the Central Valley Project.
He is a special counsel on water problems to Solano County Board of
Supervisors and one of Contra Costa County's most distinguished
citizens. * * *" Carlson: "* * * Mr. Chairman, my part of the pro-
gram is to delineate the struggle as I remember it of Contra Costa to
obtain water. That struggle started in 1925. It continues until 1957,
and it Mali continue as long as we have the real necessity for a good
supply of water.
"* * * Of course, you gentlemen know that there are three bays
in San Francisco Bay. San Francisco Bay proper, the San Pablo Bay
and the Suisun Bay. The Suisun Bay in my early days was a fresh
water lake. The people on this side of the shore when they wanted
water literally dipped their bucket into the water and had fresh water.
Sometimes I think that is forgotten because the 'irrigationalists' and
the 'reclamationalists' on the shores of the San Joaquin and the Sacra-
mento, as the years went on, needed additional supplies of water. And
they took from Suisun Bay water which we always claimed rightfully
belonged there. As the years went on, the salt water crept up, until
finally it reached the Delta region * * * (and) if you desired to drink
water in Pittsburg, you imported it because the ordinary water there
M^as brackish and was not palatable. The industries there were such
that when the requirement of good, fresh water became necessary, they
found other places to go. * * * Therefore, (in) 1925 and 1927, '29,
'31 and '33, we were really on a crusade here to bring Avater to this
area— fresh water, palatable water, water that farmers and industry
could use.
"We had a very difificult time capturing the imagination of the
State, but finally, after a real struggle, we did. We started out with
the Salt Water Barrier because they wouldn't let us into the State
Water Plan. The Salt Water Barrier was peculiarly our own program.
44 PROGRESS REPORT ON PROPOSED WATER PROJECTS
Walker Young, who became Chief Engineer of the Bureau of Reclama-
tion and who now has * * * an outstanding career as an engineer in
projects throughout the world, told us that the barrier was practical.
''* * * there was a Senator by the name of Swing, a State Senator
who was quite a fellow, and we discovered * * * that he had a water
problem in Southern California. So the Salt Water Barrier, Senator
Sharkey's project, and Senator Swing's project were united (because
we had political sense * * * to know that we couldn't go it alone).
And we sought to put that matter over in the State Legislature by way
of a constitutional amendment. * * *
"We had to have a two-thirds vote in the Senate. We made it by
one. In the Assembly, we had 52. AVe actually had 56, but Governor
Rolph and Ed Hyatt, who was then State Engineer and some of the
others who were interested, had a conference in Governor Rolph 's of-
fices, and they said, 'if you will abandon the barrier, we have a design
for a canal which will bring you water. '
"The thing that I am trying to point out to you gentlemen is that
in Contra Costa County, where the necessity for water is vital, we
don't give up without a struggle * * * after the bill was passed and
Governor Rolph had signed it, and after some of us had gone back to
Washington to qualify the California law for (a portion of) the
$3,300,000 * * * (which) President Roosevelt had allocated for the
building of projects such as the Central Valley, we found out that
somebody had conceived the idea of 'referendering' the project and
we had a referendum. Governor Rolph put it on in December of the
year 1933, when the general election was in '34. And a number of us
went out through the State arguing for these revenue bonds. Not
general obligation bonds to build the project. We are talking about
general obligation bonds now * * * at any rate, we won the refer-
endum. The law was sustained and the Central Valley Project wa.s in
effect.
"But we found out to our dismay that the .$3,300,000 was gone. And
when some of us went to Washington, we found that the government
had no money in the till to build the Central Valley Water Project.
* * * And I can remember it as if it were yesterday : A number of us
considering the matter in the Shoreham Hotel at Washington and
coming to a conclusion that we had in the Bureau of Reclamation a
Californian, a great man by the name of Mead, a former professor of
the University of California * * * and we said to the good doctor, *Is
there any chance of the Bureau of Reclamation coming to our rescue?'
And in some of the rows that have gone on over the years in which
the bureau has been condemned, my mind often goes back to that day
when we sat down with Dr. Mead and pleaded with him to invite the
bureau into California.
"Senator McAdoo was Senator, George Creel, a Californian, was a
power. Senator Hiram Johnson was still alive * * * and some of you
gentlemen are not old enough * * * to remember that Mr. Ickes was a
child of Hiram Johnson's mind. He wasn't a child for long, but at that
particular period, he was. So we got Senator Hiram Johnson to take
us in to Mr. Ickes, who was then Secretary of the Interior and the boss
of Elwood Mead, the Commissioner of Reclamation, and we * * * got
a commitment out of Ickes. We went to see the President, Senator
PROGRESS REPORT ON PROPOSED WATER PROJECTS 45
McAdoo, Ed Hyatt and myself, and a few others * * * and we sold
the President a bill of goods that this was a project by which we did
employ thousands and thousands of people. * * * We were in the
middle of the depression and (he) finally committed himself to the
Central Valley Water Project.
"* * * I remember with great pride saying to Dr. Elwood Mead,
'I represent a district that has 20 millions of dollars of assessed valu-
ation. ' And I am not talking about Contra Costa County — I am talking
about the Cities of Antioch, of Pittsburg, of Oakley, of the agricultural
area in that vicinity, and of Martinez. And (I told him) how we could
afford to pay, to pay, for this canal. Do you know, gentlemen, after
this water was brought in here, we can now boast of an assessed valua-
tion of nearly three hundreds of millions (of assessed valuation), which
goes to show what water can do.
"* * * Just a word about the future. We of Contra Costa County
don't want very much * * * we want committed to us enough water
out of the Delta in quality and in quantity to satisfy our needs. I re-
peat that because it is simple. This is all we are asking our Legislators
to do. This is all we are asking California to do. Out of the Delta which
sits out here (and) into which flows the waters of these various streams,
(we want) enough water in quality and quantity to satisfy our present
and future needs. I have told you the history of the past, that must
be the history of the future. Because we of this county have dedicated
ourselves, our desires, to that end. Thank you."
Sacramento
Banks — pp. 93-106 — CVP position on salinity control.
Murray — pp. 158-162 — CVP position on salinity control.
Murray — p. 163 — CVP position on salinity control — "* * * no ob-
ligation * * *."
Carlson — p. 231 — "* * * The bureau could put a pipeline directly
from Shasta and connect up with us at Rock Slough. * * * So that
the Bureau of Reclamation isn't concerned with the quality of water
in the Delta."
Murray — p. 162 — CVP protects 95 percent of Delta.
Banks— p. 62— CVP control of Delta salinity "has beneficial effects."
Martinez
O'Conuell— p. 161 — abandonment of salinity control by U. S. except
as needed for protection of quality at Tracy pumps.
Stockton
Hall— p. 51— Bureau of Reclamation unable to meet Miller and
Lux exchange agreement requirements for water quality because it
"couldn't bring water across the Delta without polluting it."
PUBLICATION
Water Code: Part Three— Central Valley Project, Chapter Two-
Description of Project, Article Two— Shasta Dam, Section 11207 :
"§ 11207. Purposes of dam: Primary uses. Shasta Dam shall be
constructed and used primarily for the following purposes :
46 PROGRESS REPORT ON PROPOSED WATER PROJECTS
''(a) Improvement of navigation on the Sacramento River to Red
Bluff.
" (b) Increasing- flood protection in the Sacramento Valley.
"(e) Salinity control in the Sacramento-San Joaquin Delta.
"(d) Storage and stabilization of the water supply of the Sacra-
mento River for irrigation and domestic use. ' '
6. Proposals for statewide water development pose threats of further and
irreparable damage in the absence of specific legislative policy enact-
ments to protect the Delta's continued supply of quality water.
1. Effects of increased pumping and export of water from the Delta
as proposed in Bulletin 3 pose a threat to the maintenance of water
quality unless adequate preventive and corrective measures are pro-
vided. Engineers, agriculturists and others present conflicting views as
to the probable effects of the proposed Biemond Plan with respect to
fish and recreational resources, navigation, levee construction, agri-
culture, flood control and drainage.
TESTIMONY References
Stockton
Hall — pp. 57-58 — Biemond plan would create hazard from rising-
saline ground water. "* * * not concerned over wliat they shall ex-
port, but what they sliall leave."
Sacramento
Banks — p. 6 — "* * * the immense value of the agricultural prod-
uct of this fertile area and * * * the importance of tlie industrial
economy * * * have been adequately covered. * * *"
Stockton
Cohen — p. 65 — "* * * during the summer irrigation season the qual-
ity of the water that we get to our pumps is very bad. It is black, it is
soupy, it is full of salts, and it is anything but good for our land and
our crops. And incidentally, the volume of water that we are getting
down the river * * * (we have been out there for some 25 years)
* * * is getting less each year, * * * one reason being * * * the
Tracy pumping plants and also the upstream diversions which are
getting greater due to the larger population and more land brought
into cultivation and I just feel that we must not sit idlj^ by and watch
these various water schemes promulgated and see ditches and pipelines
made that are going right by us. * * *"
Stockton
Wilson — p. 95 — * * * "when you consider the potential uses up-
stream * * * "we just haven't got anything to talk about for export
in those summer months. And if we think that is true now it will be
more true in the future as upstream Sacramento uses more, the Delta
will require more. There just isn't a lot of water down here to be sent
entirely outside the Sacramento-San Joaquin watershed * * * ac-
cording to Bulletin 3, the (State) water plan, the San Joaquin Valley
is the most deficient water area today in the State and it has the
PROGRESS REPORT ON PROPOSED WATER PROJECTS 47
greatest potential deficiency * * * so when we look at the San Joaquin
and see that it is already deficient and will be more deficient, and
when Ave look at the Sacramento and realize that Sacramento land
owners upstream will be using more and more water, we are afraid.
We are afraid of anyone who talks about exporting to another area of
the State, thinking of this as a great surplus area — it isn't here."
Sacramento
Banks— pp. 13-14 — "The problems of the Delta are severe and paint
a black picture. * * * "
Martinez
0 'Connell— pp. 140-141 — Planned wasteway will have to be a "pretty
good sized river in itself ' ' to carry return irrigation water full of salts
leached from lands on the west side of the San Joaquin River so the
return water does not get into the San Joaquin River.
Stitt — p. 46 — "The wasteway * * * should be one of tlie first units
of the plan to be constructed. It should empty downstream from the
Antioch-Pittsburg area and should be available to carry industrial as
well as agricultural low quality waste waters. ' '
Stockton
Weber — pp. 177-266 — A comprehensive plan for co-ordinated public
works, including water conservation, flood control, navigation, etc., as
an alternate to the Biemond Plan.
Martinez
Man — p. 75-77 — Barrier and diversion projects in Bulletin No. 3
would reduce water quality at California Water Service Company's
point of diversion * * * "to a point where it could not be economi-
cally treated and used for domestic purposes."
Weber — pji. 246-253 — Construction of highways could be tied into
plan for dikes and waterway's in the Delta — an alternate engineering
viewpoint.
Sacramento
Banks-Miller — p. 33 — Banks: "In our opinion, it (the Delta) will
be greatly benefited through the provision of a firm water supply, a
water supply of better quality, through the provision of flood control,
through the provision of more adequate drainage, the improvement of
navigation and that sort of thing * * *" Miller: "Those are a series
of phrases that I think we can always apply to any area, that if you had
better flood control, if you had better drainage, better navigation, it
would be improved. I would like to have you explain, if there is no
objection from the chairman, how there is a benefit, if there is a benefit,
to the Delta through the export of waters to otlier areas from the
Delta."
Hanrahan— pp. 246-253 — Explanation of charts showing pi-ojeeted
salinity encroachment at various stages of construction of water transfer
works.
Short-Hanrahan— p. 253— Short: "* * * you put in some improve-
ments and refinements on Bulletin 3, Bulletin 60, to maintain the
48 PROGRESS REPORT ON PROPOSED WATER PROJECTS
quality of water iu your area. Supposing you hadn't put them in there
* * * what would have happened then?" Hanrahan: "Well, we feel,
Senator Short, that the agricultural, recreation and transportation
values of our areas would be damaged inestimably."
Martinez
Burton — p. 27 — "Many important water users draw water directly
from the rivers and bay for irrigation, cooling and other industrial
purposes. It appears water drawn directly from the river will not be
usable in the future for tliese purposes since salt water will have
backed further up to the barriers. Users of river water will then have
to find other sources. The other sources can result in costs to the users
that may make impossible further expansion, and in some cases, con-
tinued operation of farms and certain equipment. The Biemond Plan
as described in the March, 1955, report of the 'Board of Consultants
on Salinity Control Barriers ' adds to fears of confiscation of our water,
not withstanding our rights as a watershed county of the Sacramento-
San Joaquin Rivers watershed."
Mau — p. 75 — "* * * if diversions from the Delta are further re-
duced by loAvering of quality and shortening of pumping periods, an-
other source of domestic water supply must be made available under
some state plan. ' '
O'Connell— pp 133-181— Effect of Bulletin 60 works.
Stoddard— p. 207—"* * * to the extent that we (Solano County)
have given it study we have considered it (the Biemond plan) as an
acceptable plan."
Martinez
Carey — p. 22.3 — "* * * about the Delta, principally Grizzly Island
(Solano County) all that marshland next to Montezuma Slough that
used to benefit from the fresh water previous to 1918 and has gradually
deteriorated, deteriorated up to now, and I wish to state that I am
definitely against the Biemond plan because it would ruin us there."
Anderson — pp. 129-134 — "The personnel * * * (of new Antioch in-
dustrial) plants enjoy the recreational facilities that can be found in
the 1,000 miles of waterways that exist in the San Joaquin Delta."
"* * * Franks Tract is known by the fishermen all over the State
for its striped bass fishing. * * *"
"* * * it is clear that the existence of this fishery is a state problem
and does not only concern the local interests. * * *"
"* * * The existing tidal action now keeps the Delta flushed out.
We would lose this flushing action if contained behind a master levee."
"* * * will the thousands of small boats be forced to use large and
slow operating locks that would be suitable for only the larger vessels ? ' '
Mau — p. 82 — "* * * we (California Water Service Company) think
that the amount of the right that we have developed which is a prop-
erty right, that is a firm right, that we should have substituted at no
cost to US; anything in addition to that, of course, we should pay for
just as we are paying for the supplemental water we buy from the
Contra Costa Canal."
PROGRESS REPORT ON PROPOSED WATER PROJECTS 49
Fink— p. 36 — ''As regards price, we submit that the price for our
present and future water requirements shoukl remain the same as now
prevails. ' '
Stitt— p. 44 — " Fibreboard 's position * * * is based upon two prem-
ises * * * (which) are: 1. The area has long made use of, and is en-
titled to the continued availability of an adequate supply of good
quality river water both for present and anticipated future needs, with
precedence over areas to which water is to be exported. 2. This area,
from which an historic supply of good quality water is being removed,
should not bear the increased costs, as to either water supply or waste
disposal, occasioned by a removal designed to benefit other areas."
Man— p. 95 — Filling of Folsom Dam caused shortest pumping period
on the Delta — 55 days.
Raines — pp. 106-107 — Storage dams can help prevent floods, but there
are no legal controls over releasing waters in relation to possible floods.
Martinez
O'Connell — pp. 162-163 — ^In view of peat base and subsidence in some
islands, levees must be built slowly ; large ones cannot be put up in one
year.
Stockton
Weber— p. 191 — "* * * "We have forgotten that the great civiliza-
tion at the Tigris-Euphrates went down because they didn't drain ; they
destroyed their own land. Their own pollution, as it were, defeated them
and ended their civilization. * * * It is not too late (for us) and we
must proceed with the drainage problems."
Sacramento
Cassidy— pp. 323-324 — ''If channels are to be blocked off to prevent
mixing of high and low quality waters, what access to these blocked
channels must be provided? Will there be a master recreational plan
for what is now one of the most popular recreational areas of the
State? We are compiling basic information on small boat operations in
the Delta. Both the State and the corps will need this to determine
what facilities are needed and where."
Stockton
Raab — p. 69 — "* * * we don 't have sufficient margin (freeboard) to
pass the flood flows through a barrier as usually conceived without
overtopping or causing our levees to break on sizeable amounts of the
Delta."
Stockton
Cohen — p. 64 — ^"* * * the cost of levee setbacks and rock revetment
is so great that it is beyond the reach of the local land owners and that
means that the state and federal government will have to be in the
financial picture. * * * "
Sacramento
Banks— p. 64— "Flood control is one of the most severe problems
facing the Delta area. The critical situations usually involve a simul-
50 PKOGRESS REPORT OX PROPOSED WATER PROJECTS
taneous occurrence of streamfloAv flooding into the Delta area, high
tides, and unfavorable winds which accentuate high water levels and
batter the levees with waves. ' '
Cassidy — p. 322 — "Under present conditions, the probability of loss
of life and heavy property damage during major floods is very great. ' '
Martinez
Miller-Desmond— p. 52-53— Miller : "Of course, Mr. Chairman, I
would like to observe that most of these assumptions are predicated on
the idea that there has to be, that there should be a tremendous popula-
tion growth in Los Angeles County or in the Southern California
coastal plain * * * that normal growth in California will follow water
just as Mr. Stitt pointed out that his plant will follow competitively
priced, good quality water. * * * That the area north of Sacramento
Kiver should have a chance to develop and it will develop if the water
is left there." Chairman: "* * * should water be taken from one
source Avhere it can be put to beneficial use and transported to another
area for the purpose of building up that area ? ' '
Sacramento
Miller-Banks — p. 36 — Miller: "Is it your opinion, Mr. Banks, that
by reason of a greater good, perhaps, to deliA'cr fresh water to other
areas, that certain portions of the Delta must be considered expend-
able?" Banks: "No, we do not consider them expendable, what we are
talking about here is water channels. ' '
2. Under pending Federal Legislation it is proposed to fill San Luis
reservoir with "surplus water" presumed to be wasting to sea. But
"surplus water" upstream or in the Delta is undefined in any official
document, nor is there an agency which has pow^r to determine what
is "surplus." The success of the California Water Development Pro-
gram depends upon a legal definition of what constitutes surplus water
in the Delta.
TESTIMONY References
Sacramento
Banks — pp. 25-27 — "* * * the sense in which 'surplus water' is
used in this statement with respect to the Delta, it is water which
reaches the Delta, flows into the Delta, over and above the needs of the
Delta lands and the needs for salinity control, which is available for
diversion and storage elsewhere. Now, that does not include the planned
releases from the Central Valley Project or other projects. I am speak-
ing of unregulated natural flows that flow into the Delta, and these
occur generally mostly during the winter and spring months."
"* * * In a general sense as W(^ conceive the term 'surplus,' it means
water over and above that which is needed for the full development of
the areas of origin and the areas immediately adjacent thereto which
could be well served from the particular source concerned."
Martinez
Man — p. 83, et seq. — Lower Delta water users taking their supply
from seasonal unregulated flows are adversely affected when upstream
PROGRESS REPORT ON PROPOSED WATER PROJECTS 51
storage and diversion of "surplus water" shortens the period during
which water of suitable quality can be obtained.
C. Historical use and geography combine fo support the demand for protec-
tion against further damage from increased upstream diversion or greater
export from the Delta.
1. The Delta has accepted rights to water due to historic use and
entitlement. Further diversion and export could lead to endless litiga-
tion and hearings to protect and determine the extent of such rights.
TESTIMONY References
Mariinex
Carlson-Short — pp. 15-18 — Carlson: "* * * Constitutional Amend-
ments that have been proposed that give the southland a vested right
to a certain proportion of water in the Delta * * * don't say so much
from Feather River, they don't say so much from Folsom, they don't
say so much from any place else, but they want a certain right from
the Delta. Now, I have no objection * * * to the surplus waters going
to the South, nor do I think any Contra Costan has, because no one
wants to be a dog-in-the-manger. But we say that those who have a
right to the water should maintain the right. Now then, if you are
going to grant firm rights to Southern California, and I think perhaps
firm rights should be granted, those rights should come from sources
as yet undeveloped. * * * Mr. Banks goes about saying there's enough
water for everyone, but there is not enough water for everyone forever,
or for the foreseeable future in Feather River. * * * "
"All of the rights to the w^ater in the Feather River should be com-
mitted to the area within * * * the Central Valley watershed. My
judgment about the best place to develop water at the present time is
up around the Eel River and in northwest country * * * if^ before
they want to authorize the bond issue or vote the money, they insist
upon the rights that they are insisting upon out of the Delta or out of
the Feather River as you say, then let's develop some dams in the
vicinity of the Eel River * * *"
Short: "Well, Mr. Carlson, I am under the distinct impression after
attending hearings several weeks ago in Los Angeles (and I see that
Los Angeles has representatives here today) that they are primarily
interested in the Feather River Project which * * * would develop
* * * the last cheap water left in the State * * * Los Angeles County
or Los Angeles, is willing to pay their share to bring the water down
there. * * * But they want a guaranteed supply of that water, ^then
after that they are not interested in any other project." Carlson: "Let
me make myself clear. I didn't understand there were any Los Angeles
people in the audience or I might have made a different kind of talk.
Short: "Well, they are here, Mr. Carlson, I can assure you they are
here." Carlson: "If they will attend the banquet tonight, maybe I will
dig out a few figures to" give them on Avhat they did to Northern Cali-
fornia in 1933 on a revenue-bond project that affected only the Central
Valley Water Project that had nothing to do with them. Sometimes
when I hear them making these requests now I wonder if they remem-
52 PROGRESS REPORT ON PROPOSED WATER PROJECTS
ber that five-to-one they voted against us when there wasn't a dime out
of their pockets. No. I am for committing Northern California water to
Northern California counties."
Martinez
Stitt — pp. 43-46 — "Beneficial use of the water at the (Fibreboard
Products) Antioch plant has been made continuously since 1889, and
beneficial use of water at the San Joaquin plant has been made con-
tinuously since the completion of that plant in 1949."
(Note: See also quoted testimony, Section V, B. 1. — Martinez — Stitt — p. 44)
Sacramento
Bold — pp. 260-266 — Delta actually area of origin.
Martinez
Bold-Desmond — pp. 219-220 — Desmond : ' ' Mr. Bold, as a water law-
yer you are familiar with various rights in water. If the Biemond plan
would permit salinity to increase up as far as Kio Vista above Sherman
Island, the water rights of Sherman Island farmers, for instance, were
affected, would you think that that alone would lead to extended litiga-
tion of all sorts ? ' ' Bold : "It is my opinion. Senator, that that would
probably lead to the greatest litigation the State of California has ever
seen. * * * I have told my ten-year-old son if he chooses to study law,
the problem will still be there when he commences practice. * * * I
don't think that the solution of the water rights of the Delta lies in a
mere condemnation of those rights because I think if you condemn
those rights and pay somebody what a judge or jury appraises that
value, may satisfy the immediate legal right of that claimant, but it
would have long-range and disastrous effects on the economy of the
Delta."
Sacramento
Banks-Miller— pp. 36-37— Banks: "* * * One of the most talked-
about problems is the problem of water supply for the industries along
the southern bank of the river in Contra Costa County. Most of them I
am sure, have firm rights of one kind or another to the natural flow of
the river at that point. Now, nobody proposed to cut those people off
from any water supply. ' ' Miller : ' ' Well, their water rights are pri-
marily unadjudicated water rights." Banks: "Yes." Miller: "So, you
take the water away, he has a piece of paper." Banks: "Well, it would
make no difference. ' ' Miller : ' ' Excuse me, is that right, if you take the
water away and there is a lawsuit adjudication, all they have is a piece
of paper ? ' ' Banks ; " * * * the water supply which they would have
gotten from the river under their existing rights would have to be fur-
nished them at no increased cost to them."
Sfockfofi
Raab — p. 81 — Legal action against upstream users will be justified in
five years under present needs.
Gleason — p. 113 — "* * * you will have the most gigantic series of
water hearings. * * * "
PROGRESS REPORT ON PROPOSED WATER PROJECTS 53
Sveramento
Banks-Short— pp. 37-38— Short: "* * * you should remember some
of the statements that have been made that all of the water rights in
that area (the Delta) are so-called open-ended, they haven't been de-
cided or determined. Isn't that true?" Banks: "That is quite true."
Short: "* * * they might find they, in fact, had no water rights, and
if they want to go after it, they are going to have to litigate. They are
going to find themselves in an extremely expensive litigation, individual
farmers. * * *"
Banks-Short — p. 39 — Banks: "I am sure that the arrangements for
the water supply of the Delta lands will be made long before it is
necessary to go to the Eel." Short: "Who can we depend on * * *
(for that) ? Anybody?" Banks: "I think the Legislature has the basic
control on the whole thing. It is our intent, and I feel very optimistic,
that this whole matter of water rights and water supply to the Sacra-
mento Valley lands and to the, for the Delta Area will be settled under
the current series of negotiations between the water users and the
bureau, that has been on the objective of arriving at an equitable solu-
tion to this problem."
2. The Delta has a natural advantage of geographic location as a
watershed area, as well as unparalleled agricultural lands with im-
mensely valuable acreage and crops.
TESTIMONY References
Martinez
Bold — p. 185 — The geography of Solano County is such that it can
receive water at the headworks of the North Bay Aqueduct and dis-
tribute it economically. Solano County is willing to contribute to the
cost of M^orks delivering water to the county but "not to contribute to
the cost of construction of those works that are used to deliver water
supplies westward by the aqueduct or beyond the county."
Stoddard— pp. 205-206—' ' * * * Solano County objects to the estab-
lishment of a 'Postage Stamp Rate' for the entire area to be served by
the North Bay Aqueduct. The physical situation does not justify such
a rate structure * * * a portion of the water conserved by the Bie-
mond Plan should be made available to the county at the estimated
cost of development."
Martinez
Stoddard — p. 196 — "Plans are under consideration that would ex-
port water from the Delta to serve lands at great distances from the
Delta and at extremely high costs. No such plan should be approved
until the supplemental water requirements of lands immediately adja-
cent to the Delta that could be served at very low cost are given full
consideration. ' '
(Note: See also quoted testimony, Section V, B. 1.— Martinez— MiUor— pp. 52-.'i3)
Collier— p. 170— The Delta is part of the Sacramento and San
Joaquin watersheds.
54 PKOGRESS REPORT OX PROPOSED WATER PROJECTS
D. Profection of the Delta, its economy, and its use as the hub of any sfate-
wide water program is a concern of the entire State.
1. Agricultural, industrial, municipal, recreational and navigational
uses in the Delta are being developed on the expectation of available
water.
TESTIMONY References
Stockton
Meek — p. 24 — Intensification of agricultural production — density of
crop planting doubled with new techniques, requiring increased water
use. Future developments expected to continue this trend.
Stockton
Louttit — pp. 144-149 — Subdivision of reclaimed land — assessed values
increasing 10 percent per year.
Muller — p. 41 — ' ' * * * the Delta * * * is one of the greatest sport
areas in the State. * * *"
Wright — p. 120 — Associated Sportsmen of California opposed to any
barrier in the Delta.
Nelson — pjD. 164-165 — The Delta has been famous as a sportmen's
paradise since the earliest days.
Hankins — p. 174 — Major boat clubs oppose any plan that will block
off navigable sloughs.
Martinez
Stitt — p. 50 — Loss of water quality would mean loss of industrial
payrolls.
Burton — p. 32 — Table — present and future industrial water use.
Collins — p. 33 et seq. — Data on present industrial use and probable
future requirements presented by several witnesses.
Fink — p. 34 — Industrial water users in the Antioch-Pittsburg area
will double their capital investment and employment in the next 10
to 15 years.
Anderson — p. 129 — Delta Homes and Farms Association and Bethel
Island Chamber of Commerce oppose an^^ plan that would limit exist-
ing navigation and recreation.
Sacramento
Gordon — p. 275 — Delta has vital role, forms "main artery through
which passes one of the most valuable .salmon populations in tlie world
* * * is also the home and breeding ground for the striped bass."
2. The Delta's position at the confluence of the Sacramento and San
Joaquin Rivers makes it the natural hub of any California Water De-
velopment Program.
Reference
PUBLICATION
Second Annual Progress Report 1957-58, Department of Water Re-
sources :
"We must accept the concept of pooling of the surplus waters of
Northern California with the Delta as the focal point for collection and
diversion * * *"
— The Director's Message
PROGRESS REPORT ON PROPORKn WATER I'RO.TEOTR 55
E. Protection of the Delta economy can be accomplished by management of
storage and release from existing and proposed upstream conservation
works: the pivotal questions of wfio should pay, how and how much for
this protection need to be resolved by the Legislature.
TESTIMONY References
Stockton
Wilson— pp. 52-53— Doha dopsn't want to pay for otliors' bonofits.
Martinez
O'Connell — p. 158 — cost of eross-tT'aosf(M- woi-ks not properly charge-
able to Delta water users.
Sacramento
Banks — p. 90 — United States hasn't been paid for salinity control.
Collier— p. 251— "Yon (Hanrahan) have shown ns an ideal situation
when everything is put together. How much is it going to cost?"
"We could do all the engineering on paper and have the desire, if we
don't have the financial ability, we are not going to get the thing
done. ' '
Martinez
Tillman — p. 72 — Comparison of cost of water from San Joaquin
river and Contra Costa Canal.
Stockfon
Jones — pp. 129-130 — "* * * In Sacramento T happened to discuss
the matter with the engineers that were working on it and I put the
question to them and pointedly I said, 'Is there hidden in this project
somewhere the idea that you are going to charge the Delta Water users
for that water ? ' They said, ' Of course not, you always had the water,
we would have no basis to charge you for it.' I said, 'Are you willing
to go on record to that effect?' 'Why, certainly, we don't go around
seeking the opportunity to say so, but if there is an opportunity to
present it, we would do so.' I said, 'I will make the necessary arrange-
ments. ' So at the second meeting of the organization of the Upper Delta
Water Users' Association, I brought down from the State Department
of Water Resources two engineers from that Department who stated
unequivocally before the members of that Association and that meeting
that there was no plan to charge the Delta Water Users for that water.
So I say the control or who is to operate and what their thinking is
becomes vitally important. ' '
Martinez
Burton-Short — pp. 28-31 — Burton: "The reports on the California
Water Plan do not demonstrate the source and method of distribution
of the water that will replace the existing supplies destroyed or im-
paired by operation of the plan. The citizens of Contra Costa County
are concerned particularly with the progressive and ultimate effect of
operation of the cross-transfer works, salinity barriers and waterways
in the Delta. We believe we are entitled to 'replacement water' of
equivalent quality and quantity to be supplied at no greater cost to the
water user than the cost of production from our local sources which
56 PROGRESS REPORT ON PROPOSED WATER PROJECTS
are being destroyed." Short: "May I interrupt now because I think
you have hit a very sensitive point as far as the Delta Area farmers
in San Joaquin County are concerned. I will read that again, 'We be-
lieve we are entitled to replacement water of equivalent quality and
quantity to be supplied' — and the key words now — -'at no greater cost'
— . Now, it is my understanding, just returning from the water meet-
ing in Southern California in which I posed this problem, that they
are not very sympathetic to the San Joaquin Delta farmers, who many
of them are using the water for nothing and they have since the 1860 's.
In other words, the water is there in the channels and canals of the
Delta Area and they irrigate directly from those canals and channels
for nothing and thej^ have done so for almost a hundred years. Now,
if you give a guaranteed supply out of that Delta pool to Southern
California, then you are going to have to develop other water to replace
that which has been given away on a guaranteed basis, and when you
replace it, it costs money to develop because it is up on the Eel River
then. And when I asked them, 'Well, what about it, are we going to
have to pay for irrigation water,' the attitude I seemed to get in
Southern California was, it is about time they have to start paying for
it, they have had a free ride for a long time. I would like you to com-
ment on that, especially since you here in Contra Costa County have
a lot of Delta Area and I presume that many of your farmers are also
irrigating for nothing. Could you comment on that ? ' ' Burton : ' ' Well,
I feel very strongly on this last statement that I have made. People
have developed this area on the basis of that natural resource which
they found here. I don 't see the people in the South who have a natural
resource in the oil sending any of it up free gratis to us in Northern
California. They happen to have some oil down there. They are not
letting us build pipelines down there and transporting their oil up
north." ''* * * No, I feel that people who have settled in this area
and are using this natural resource are entitled to continue to use it
and should protect it, and if they want to replace it with other waters,
it should be at the cost that they are now getting their water.
"In addition, there should be showings that supplemental water
from the California Water Plan to meet the water deficiency of Contra
Costa County will be made available at charges based on fair alloca-
tion of costs of the works actually used in effecting the delivery
thereof. This county should not be called upon to contribute to the
capital or operational costs of works used for delivery to distant points.
Contra Costa County is emphatically opposed to the uniform, or so-
called 'postage stamp' method of pricing water at the same amount
irrespective of point of delivery.
"The objectives of Contra Costa County with respect to the Cali-
fornia Water Plan are :
"1. That Contra Costa County receives water supplies sufficient to
meet its ultimate supplemental water requirements at reasonable cost.
"2. That Contra Costa County receives replacement of such of its
present water supplies as may be confiscated, diminished or deterio-
rated by operation of the plan, such replacement to be at no additional
cost to the water users of this county.
"It is not possible by reading reports of the Department of Water
Resources to determine whether these objectives will be met."
SECTION VI
APPENDICES
Authorization of Committee
Witnesses
References on Delta Problems
Bibliography
APPENDIX A
AUTHORIZATION OF COMMITTEE
Senate Resolution No. 180, 1957.
Senate Resolution No. 11, 1958.
Senate Resolution No. 24, 1958.
Senate Resolution No. 54, 1958.
Senate Resolution No. 20, 1959.
SENATE RESOLUTION NO. 180, AS AMENDED
Relative to the creation of the Senate Interim Committee Investigation
of Proposed Water Projects
Whereas, The proposed Assembly Concurrent Resolution No. 93
by Mr. McCollister and Assembly Concurrent Resolution No. 198 by
Messrs. Miller, Porter and Nisbet and the comments of Mr. A. Alan
Post, Legislative Auditor, written in the Assembly Journal, April 22,
1957, beginning at page 3235 thereof, have all pointed out that all
previous reports on proposed water projects encompassed within the
California Water Plan have treated only superficially the economic
and financial feasibility of any unit thereof; and
Whereas, The Senate desires that such a study be undertaken so it
may be properly informed before it is again requested to deliberate
upon appropriations for water development, flood control and water
transfer and exchange projects concerning such specific questions as
to how any such proposed projects can be financed; the cost of their
construction; how the total cost is to be repaid, and over what period
of time ; what segments of the population shall bear the costs, and the
sharing of such costs between Federal, State and local governments
and other public and private entities that are concerned in such water
development ; and
Whereas, Since the Sacramento-San Joaquin Delta, either as a ter-
minal or place of transfer, will inevitably be affected by further devel-
opment of California's water resources; and
Whereas, At the same time, development of the Sacramento-San
Joaquin Delta will have a significant relationship to the State-at-large
and the maintenance and expansion of its water program; and
Whereas, Because of this relationship it is essential that all aspects
of development of the Sacramento-San Joaquin Delta, founded on an
examination of the factors presently influencing that area, be compr(>-
hensively investigated by a committee organized for that purpose ; now,
therefore, be it
Resolved hy the Senate of the State of California, As follows :
1. The Senate Interim Committee on Investigation of Proposed
Water Projects is hereby created and authorized and directed to as-
certain, study and analyze all facts :
(a) Necessary to determine the financial feasibility, necessity and
practicability of such water projects as have heretofore or may hcrc-
(59)
60 PROGRESS REPORT ON PROPOSED WATER PROJECTS
after be preseuted during the existence of said committee and par-
ticularly the proposed California Water Plan of the Department of
Water Resources.
I. Among the specific problems to be studied and insofar as possible
resolved, and based upon existing engineering economic or other types
of studies, reports and analyses currently and readily available from
any responsible source, regarding flood control, water conservation,
water transfer and transmission and distribution systems proposed in
Central and Northern California, the committee shall endeavor to as-
certain the following data.
II. The current existing possibility, or the reasonable future proba-
bility, of financing both the creation of adequate water supplies in or
adjacent to areas of water origin and such required excess water sup-
plies which could be transported to areas of water deficiency and put
to beneficial use in the Sacramento and San Joaquin Valleys and other
areas of the State.
III. In connection with studies of projects included in the California
Water Plan, or alternates thereto, and their financial feasibility, and
possible co-ordinated water development plan, to ascertain the fair,
reasonable and practical proportionate share of cost of the interests
involved in said plan and the responsibilities of the various public
and private entities who are concerned with water development in
the State.
IV. In connection with such financial feasibility studies the follow-
ing matters should be considered: the interest of the State in the
construction of local water projects, and the determination of a plan
or plans of reimbursement and cost allocation, based upon income from
such projects and the evaluation of benefits derived therefrom and the
policies to be adopted to obtain the best co-operation between the
Federal and State Government, local entities and other interests, so
that a feasible financing plan may be developed.
(b) Relating to the present status and prospective development of
the Sacramento-San Joaquin Delta, including, but not limited to distri-
bution, storage, pollution, drainage, salinity control, flood control, and
use for navigation, recreation, and wildlife protection of the waters
of the Delta, and the influence on any or all of these factors of pro-
posals and existing projects relating to water reaching the Delta, what-
ever the source or destination of such waters; and relating to the land
uses within the Delta for agricultural, residential, industrial and other
purposes and the prospect of future development, disruption, or main-
tenance of such uses, considering such problems in that connection as
subsidence and flooding of lands presently in use and opportunities
for protection of such lands by drainage, levees, and land management
practices, as well as reclamation and development of unproductive land
within the Delta; and relating to the importance of the Delta to na-
tional defense and the general economy and convenience, among which
are problems connected with transportation within the Delta, both by
land and water, either in domestic or interstate and foreign commerce ;
including as to all the foregoing but not limited to the operation,
effect, administration, enforcement and needed revision of any and all
laws in any way bearing upon or relating to the subject of this reso-
PROGRESS REPORT ON PROPOSED WATER PROJECTS 61
lution, and to report theroon to the Senate, including in the reports
its recommendations for appropriate- legislation.
2. The committee shall consist of nine Members of the Senate ap-
pointed by the Committee on Rules thereof. Vacancies occurring in the
membership of the committee shall be filled by the appointing power.
3. The committee is authorized to act during this session of the Legis-
lature, including any recess, and after final adjournment until the
commencement of the 1959 Regular Session, with authority to file its
final report not later than the thirtieth legislative day of that session.
4. The committee and its members shall have and exercise all of the
rights, duties and power conferred upon inv(>stigating committees and
their members by the provisions of the Joint Rules of the Senate and
Assembly and of the Standing Rules of the Senate as they are adopted
and amended from time to time at this session, which provisions are
incorporated herein and made applicable to this committee and its
members.
5. The committee has the following additional powers and duties :
(a) To select a chairman and a vice chairman from its membership.
(b) To contract with such other agencies, public or private, as it
deems necessary for the rendition and affording of such services, fa-
cilities, studies and reports to the committee as will best assist it to
carry out the purj)oses for which it is created.
(c) To co-operate with and secure the co-operation of county, city,
city and county, and other local law enforcement agencies in investi-
gating any matter within the scope of this resolution and to direct the
sheriff of any county to serve subpoenas, orders and other process
issued by the committee.
(d) To report its findings and recommendations to the Legislature
and to the people from time to time and at any time, not later than
herein provided.
(e) The committee or any subcommittee may meet within or without
the State as may be required in order to carry out the purposes for
which the committee was created.
(f ) To do any and all other things necessary or convenient to enable
it fully and adequately to exercise its powers, perform its duties, and
accomplish the objects and purposes of this resolution.
6. The sum of twenty thousand dollars ($20,000) or so much thereof
as may be necessary is hereby made available from the Contingent
Fund of the Senate for the expenses of the committee and its members
and for any charges, expenses or claims it may incur under this reso-
lution, to be paid from the said contingent fund and disbursed, after
certification by the chairman of the committee, upon warrants drawn
by the State Controller upon the State Treasurer.
June 12, 1957
CONSIDERATION OF SENATE RESOLUTION NO. 11
Senate Resolution No. 11
Relative to the Senate Interim Connnittee on Investigation of
Proposed Water Projects
Resolved hy the Senate of the State of California, That the member-
ship of the Senate Interim Committee on Investigation of Proposed
62 PROGRESS REPORT ON PROPOSED WATER PROJECTS
Water Projects (created by Senate Resolution No. 180, 1957 Regular
Session) is increased to, and shall consist of, 11 members of the Senate.
The two additional members added by this resolution shall be appointed
by the Committee on Rules ; and be it further
Resolved, That in addition to any money heretofore made available
the sum of twenty -five thousand dollars ($25,000) or so much thereof
as may be necessary is hereby made available from the Contingent
Fund of the Senate for the expenses of the committee and its members
and for any charges, expenses or claims it may incur under said resolu-
tion to be paid from said contingent fund and disbursed, after certifi-
cation hy the chairman of the committee, upon warrants drawn by the
State Controller upon the State Treasurer.
April 24, 1958
SENATE RESOLUTION NO. 24 AS AMENDED
Relative to augmenting the funds of tlie Senate Interim Committee
on Investigation of Proposed Water Projects
Resolved hy the Senate of the State of California, That in addition
to any money heretofore made available, the sum of ninety-five thou-
sand dollars ($95,000), or so much thereof as may be necessary, is
hereby made available from the Contingent Fund of the Senate for the
expenses of the Senate Interim Committee on Investigation of Proposed
Water Projects (created by Senate Resolution No. 180, 1957 Regular
Session) and its members and for anj'' charges, expenses, or claims it
may incur under said resolution to be paid from the said contingent
fund and disbursed, after certification by the chairman of the com-
mittee, upon warrants drawn by the State Controller upon the State
Treasurer.
March 29, 1958
SENATE RESOLUTION NO. 54
Relative to a stud}^ of a proposed Northern California Water District
Whereas, Undoubtedly the most important problem facing the Legis-
lature at this time is the development of the water resources of the State
to meet the existing and future needs in all areas of the State in a
manner equitable to all ; and
Whereas, The maldistribution of water occurrence in relation to
population location and needs is causing and will continue to cause
vigorous competition for water from the cheapest sources of supply ; and
Whereas, There is in existence in the southern portion of the State
an agency, the Metropolitan Water District of Southern California,
representing a large segment of the population in that portion of the
State, and capable of developing water and contracting for water de-
veloped by other governmental agencies ; and
Whereas, Proposals have been made in the past to create an agency
with similar powers representing the population in the northern por-
tion of the State, with power to develop and conserve water, to sell
water and hydroelectric power for uses both within and without such
agency and to contract for water developed by other governmental
agencies ; and
PROGRESS REPORT ON PROPOSED WATER PROJECTS 63
Whereas The latest such proposal is eontained in Assembly Preprint.
Bill No. ] (1958), the Northern California Water District Aet pro-
posed by Assemblyman Hansen, which proposal has been distril)nte(l
widely thronjihont the State and lias evoked considerable interest- and
Whereas, Ft is important that the Leo-islatnre give carei'ul considera-
tion to all proposals that mipht provide a solution to Call lorn ia's water
2)roblems ; now, therefore, be it
Resolved bij the Senate of the State of California, That the Senate
Interim Committee on Investigation of Proposed Water Projects cre-
ated by Senate Resolntion No. 180 of the 1957 Regular Session be
directed to study and investigate all facts relating to the proposed
creation of an agency representing the northern porti(m of the State
with, among other powers, the power to develop and conserve water,
to sell water and hydroelectric power for uses both within and without
the agency, and to contract for water developed by other governmental
agencies, and particularly to study and investigate the proposal con-
tained in Assembly Preprint Bill No. 1 (1958), the Northern California
Water District Act.
April 21, 1958
SENATE RESOLUTION NO. 20
Relating to the continuance of Senate interim committees
Resolved hy the Seyiate of the State of California, As follows:
1. Each Senate interim committee previously created by the Senate
of the State of California, other than committees created pursuant to
Rule 12.5 of the Standing Rules of the Senate, which was in existence
on January 4, 1959, is continued as Senate committee at this session
with the membership and with all the rights, powers and duties
possessed by the committee and its members immediately prior to the
commencement of this session. Vacancies occurring or existing in the
membership of each committee shall be filled by the appointing power.
2. Each such committee is authorized to act during this session of the
Legislature, including any recess, but not after final adjournment, with
authority to file its final report not later than the date of adjournment.
3. The provisions of the Joint Rules of the Senate and Assembly and
of the Temporary and Standing Rules of the Senate, as soon as such
rules are adopted at this session or amended from time to time, become
applicable to each committee and its members.
Until the adoption of Joint Rules at this session, the Joint Rules of
the last preceding general session are incorporated herein and made
applicable to each such committee and the members thereof.
4. The unexpended balance of the money heretofore made available
to each such committee continued by this resolution shall continue to
be available for the expenses of the committee to which it was hereto-
fore available and the members thereof and for any charges, expenses,
or claims each such committee may incur under the resolution by which
it was created or this resolution, to be disbursed in the manner hereto-
fore provided.
January 12, 1959
G4 PROGRESS REPORT ON PROPOSED WATER PROJECTS
APPENDIX B
DESMOND AMENDMENT TO SENATE BILL NO. 1
(Budget Bill)
1958 Session California Legislature
"* * * provided, further, that no money shall be expended from the
appropriation made by this item on any project unless the plans there-
for provide that it will be so operated that, in conjunction with the
responsibility of the United States in the operation of the Central
Valley Project to maintain salinity control in the Sacramento-San
Joaquin Delta, no diversions shall be made from the Delta unless the
residual surface outflow therefrom is adequate to meet both in quantity
and quality the water requirements of water users within the Delta to
the extent such water would have been available if the project had not
been constructed, or, if it is determined to be more economical that the
water required to waste to the ocean to repel the intrusion of saline
water be conserved, then the users of water within said Delta shall be
furnished at no additional cost with a substituted water supply which
is not inferior in quality or less in quantity than that which would
have been available to meet the requirements had the project not been
placed in operation; provided, further, no money herein appropriated
shall be expended for the planning, construction and operation of a
project which does not include consideration of and j)rovision for the
present and future water requirements of the Sacramento-San Joaquin
Delta."
PROGRESS REPORT ON PROPOSED WATER PROJECTS G5
APPENDIX C
WITNESSES
The following witnesses have appeared and given testimony before
the committee at hearings held during 1957 and 1958. Reference is
indicated to the specific time and place at which each appeared and,
in those instances in which more than one appearance was made, the
several hearings are indicated :
ADAMS, Robert W., Supervisor, Stanislaus County — Sacramento, Oct., lOHS.
ANDERSON, L. L., Member, Board of Supervisors, Placer County ; Chairman,
Board of Directors, Placer County Water Agency — Sacramento, Oct., 11)58.
ANDERSON, Paul, Chairman, Board of Supervisors, Riverside County — Riverside,
Dec, 11)58.
ANDERSON, Wes, Secretary-Treasurer, Delta Homes and Farms Association also
speaking as a Director of Bethel Island Chamber of Commerce — Martinez, Dec,
1957.
BANDY, Fred, Manager, Madera Irrigation District, representing Madera County
Water Commission — Sacramento, Oct., 1958.
BANKS, Harvey O., Director, State Department of Water Resources — Sacramento,
Jan., 1958; Executive Session, Feb., 1958; Sacramento, Sept., 1958, Oct., 1958.
BARNETT, E. K., Lt. Col., Corps of Engineers ; Post Engineer, Benicia Arsenal —
Martinez, Dec, 1957.
BARRON, David, Surveyor's OfBce, Kern County Board of Supervisors — Riverside,
Dec, 1958.
BISHOP, W. W., Supervisor, Nevada County — Sacramento, Oct., 1958.
BOEN, Doyle F., President, Riverside County Water Association — Riverside, Dec,
1958.
BOLD, Jr., Frederick, Special Counsel to Board of Supervisors, Solano County,
for Water Problems — Martinez, Dec, 1957.
Attorney, United Water Conservation District, Ventura County — Sacramento,
Jan., 1958.
Counsel, County Water Agency of Contra Costa County and Attorney, Solano
County Flood Control and Water Conservation District — Sacramento, Oct.,
1958.
BOLLMAN, Ralph, President, Board of Directors, Contra Costa Water District —
Martinez, Dec, 1957.
BORN, Robert H., Hydraulic engineer, representing San Luis Obispo County —
Sacramento, Oct., 1958.
BOTTORFF, Allen, Representing Semitropic Water Storage District, Kern County
(Director, Feather River Project Association) — Riverside, Dec, 1958.
BRADY, Donald, Tuolumne County Junior Chamber of Commerce— Sonora, Dec,
1957.
BRIGGS, Hubert, Woodbridge Water Users— Stockton, Oct., 1957.
BRODIE, Omer H., Assistant flood control engineer, San Bernardino County Flood
Control District — Sacramento, Oct., 1958.
BRODY, Ralph, Special counsel for El Dorado County on Water Matters— Sonora,
Dec, 1957.
BRYANT, John, Chief Engineer, Riverside County Flood Control and Water Con-
servation District — Sacramento, Oct., 1958.
bur:
Contra
Committee — Martinez, Dec, 1957.
BUSH, A. F., Associate Professor, Engineering, University of California Los Angeles
^Riverside, Dec, 1958.
CAMPBELL, Vernon, President, Calaveras County Water District— Sacramento,
Sept., 1958.
3— L,-46G2
66 PROGRESS REPORT ON PROPOSED WATER PROJECTS
CARAH, William, Representing Clair Hill of the California AVater Commission —
Sacramento Executive Session, Feb., 1958.
CARLSON, Thomas M., Member, Special Committee on Water Resources of Contra
Costa County ; Special Counsel on Water Problems to Solano County Board of
Supervi.sors — Martinez, Dec, 3957; Sacramento, Jan., 1958.
CARPENTER, Edward, Consulting Engineer, Mendocino County — Sacramento,
Oct., 1958.
CASSIDY, Gen. William F., Division Engineer, South Pacific Division, U. S. Army
Corps of Engineers — Sacramento, Jan., 1958.
CEAS, Albert N., President, Riverside County Farm Bureau — Riverside, Dec, 1958.
COHEN, Douglas B., (Farmer), Member, State Reclamation Board, Trustee of
Reclamation District 2062 — Stockton, Oct., 1957.
COLLINS, Francis, District Attorney, Contra Costa County — Martinez, Dec, 1957.
CROOKE, Howard W., Secretary-Manager, Orange County Water District — River-
side, Dec, 1958.
CRUFF, Sidney, Member, Board of Supervisors Fresno County — Sacramento,
Oct., 1958.
CROWLE, Hex-bert G., Director of Public Works, Alameda County — Sacramento,
Oct., 1958.
CURRLIN, Donald K., Representing Santa Clara County Flood Control and Water
Conservation District — Sacramento, Oct., 1958.
DEATSCH, Oliver, County Engineer, Stanislaus County — Sacramento, Oct., 1958.
DEAVER, Chester, Member, Board of Supervisors Monterey County — Sacramento,
Oct., 1958.
DIBBLE, E. F., Consulting Engineer, Water Supervisors, San Bernardino County
— Sacramento, Oct., 1958.
DICKENSON, Richard W., County Counsel, San Joaquin County — Sacramento,
Oct., 1958.
DIEMER, Robert B., General Manager and Chief Engineer, Metropolitan Water
District — Riverside, Dec, 1958.
EDMONSTON, R. M., Principal Hydraulic Engineer State Dept. of Water Re-
sources— Riverside, Dec, 1958.
EDSON, Mark S., Georgetown Divide Public Utility District — Sacramento, Sept.,
1958.
El Dorado County — Sacramento, Oct., 1958.
FARQUHAR, W. C, Civil Engineer; President, West Basin Municipal Water
District — Riverside, Dec, 1958.
FINK, V. A., Superintendent, General Chemical Company ; representing Industrial
Association of Antioch-Pittsburg-Nichols — Martinez, Dec, 1957.
ERASER, Jack C, Representing Director of Dept. of Fish and Game — Sacramento,
Sept., 1958.
GIANELLI, William R., Principal Hydraulic Engineer, State Dept. of Water Re-
sources— Sacramento, Jan., 1958.
GLEASON, Walter, San Joaquin Upper Delta Water Users Association — Stockton,
Oct., 1957.
GORDON, Seth, Director, State Dept. of Fish and Game — Sacramento, Jan., 1958.
GRAHAM, R. E., Director of Utilities, City of San Diego— Riverside, Dec, 1958.
HALL, J. Allen, Superintendent, Banta-Carbona Irrigation District — Stockton, Oct.,
1957.
HALL, Warren, Associate Professor of Engineering, University of California, Los
Angeles — Riverside, Dec, 1958.
HANKINS, Henry, Chairman, Interclub Committee of San Joaquin County Organ-
ized Boat Associations — Stockton, Oct., 1957.
HANRAHAN, Frank, Staff, Dept. of Public Works, Contra Costa County— Sacra-
mento, Jan., 1958.
HANSON, Chester, Legislative Representative, Metropolitan Water District —
Martinez, Dec, 1957.
PROGRESS REPORT OX PROPOSED WATER PROJECTS 67
HARLAN, Bernell, Chairman. Yolo County Flood Control an.l Water Consorvation
District — bacramento, Oct., 1958.
HARTHORN, C. E., Assessor, Tuohinine County— Sonora, Dec, VX>7.
HARTLEY, R. E., Engineer, Oakdale Irrigation District— Sonora, Deo V)-,7
HENLEY, Albert T., Representing Santa Clara-Alaineda-Sau Jienito Water' \u-
thority — Sacramento, Oct., 1958.
HILL, Clair A., Chairman, California Water Commission — Sacramento, Sept., 19.58.
HILL, L. K., Executive Officer, State Water Rights Board— Sacramento, Sept., 1958.
HINKLEY, Harry, Secretary, Tuolumne County Water District Xo '' Sonori
Dec. 1957.
HOGAN, Walter B., Representing Port of Stockton and San .Toa(iuin County Flood
Control and Conservation Dist. — Stockton, Oct., 1!).57.
HOLSINGER, Henry, Chairman, State Water Rights Board— Sacramento Ex-
ecutive Session, Feb., 1958.
HONECtGER, Jr., Arthur E. (Farmer), Contra Costa County— Martinez Dec
1957.
HUBBERTY, George, Attorney, Calaveras County Water District— Sonora, Dec
1957.
HUBERTY, Martin R., Director of the University of California Water Resources
Center, Los Angeles — Riverside, Dec, 1958.
HUGGINS, Eugene M., Chief, Technical Liaison Branch of the Army Engineers —
^lartinez, Dec, 1957.
HUMPHREY. E. J., Chairman, Board of Supervisors, Plumas Countv — Sacramento
Oct., 1958.
IDE, Lee, Chairman, Board of Supervisors, Amador County — Sonora, Dec, 1957.
JASPER, Edward, Tuolumne County Farm Bureau — Sonora, Dec, 1957.
JENNINGS, William H., General Counsel, San Diego County Water Authority —
Riverside, Dec, 19,58.
JONES, Gilbert, AVoods Irrigation Company— Stockton, Oct., 1957.
KADING, George, Member, Butte County Water Board — Sacramento, Oct., 19.58.
KARRER, Henry, Consulting Engineer, Fresno County — Sacramento, Oct., 1958.
KENNEDY, Harold W., County Counsel, Los Angeles County, Chairman of Legal
Advisory Committee, County Supervisors Association — Sacramento, Jan., 1958.
KRIEGER, James H., General Counsel, Western Municipal Water District, River-
side County — Riverside, Dec. 1958.
LATHROP, F. L., Chairman, Siskiyou County Water Resources Board — Sacra-
mento, Oct., 1958.
LAURITZEN, Dean, District Attorney Mariposa County — Sacramento, Oct., 1958.
LAVERTY, Finley, Division Engineer in charge of Water Conservation Division,
Los Angeles County Flood Control District — Riverside, Dec, 1958.
LEWIS, Paul E., Secretary-Manager, Calaveras County Water District and also
representing — Sonora. Dec, 1957.
District and Calaveras County Board of Supervisor.s — Sacramento, Oct., 1958.
LIND, Carl F., Representing San Joaquin County Flood Control District and Board
of Supervisors — Stockton, Oct., 1957.
(For Tom Louttit) Lockeford Protection District, Mokelumne River Irrigation
District, Reclamation Districts Nos. 318, 756, 2029, S02, 1614— Sonora, Dec,
1957.
LLOYD, Harry E., Manager and Chief Engineer, Hetch Hetchy AVater Supply,
Power and L'tilities Engineering Bureau — Sacramento. Oct., 1958.
LOUTTIT, Thomas H., Secretary, Reclamation District 802, Contra Co.sta County-
Martinez, Dec, 1957.
Representing Mokelumne River Irrigation District and Lockeford Protection Dis-
trict— Stockton, Oct., 1957.
LUNT, R. G., Chief, Water Works and Utilities Division, Los Angeles County —
Riverside, Dec, 1958.
68 PROGRESS REPORT ON PROPOSED WATER PROJECTS
LUTHER, John ISI., California Central Valley Flood Control Association — Sacra-
mento, Jan., 1958.
MAU, Carl F., Vice President, California Water Service — Martinez, Dec, 1957.
McDOXOUGH, Martin, Counsel, Board of Supervisors, Amador County — Sonora,
Dec, 1957 ; Sacramento, Oct., 1958.
McSWAIN, Kenneth, Chief Engineer and Manager Merced Irrigation District —
Sacramento, Oct., 1958.
MEEK. John B., Manager, Augusta Bixler Farms on Union Island ; Director, San
Joaquin Upper Delta Water Users Association ; Trustee, Union Island Recla-
mation District No. 1 — Stockton, Oct., 1957.
MINASIAN, P. J., Attorney, Oroville-Wyandotte Irrigation District — Sacramento,
Sept., 1958.
MOMYER, Frank, President and General Manager Pickering Dumber Corporation,
Standard, California — Sonora, Dec, 1957.
MOXAGAN, Bob, General Chairman, San Joaquin Upper Delta Water Users Asso-
ciation— Stockton, Oct., 1957.
MORAX, John L., Chairman, Board of Directors, Tehama County Flood Control
and Water Conservation District — Sacramento, Oct., 19.jS.
MOYLE, Lester, Representing Agricultural Committee of Stockton Chamber of
Commerce — Stockton, Oct., 1957.
MULLER, Otto, (Farmer) Trustee, Reclamation District Xo. 524; Director, San
Joaquin Upper Delta Water Users Association — Stockton, Oct., 19.57.
MURRAY, A. N., Assistant Regional Director Region 2, Bureau of Reclamation —
Sacramento, Jan., 1958.
NELSOX, Douglas C, City Engineer, City of Stockton — Stockton, Oct., 1957.
NEUMILLER, Irving, Stockton and East San Joaquin Water Conservation Dis-
trict— Stockton, Oct., 1957.
NICHOLAS, N. A., Chief Engineer, San Bernardino County Flood Control Dis-
trict— Riverside, Dec, 1958.
O'CONNELL, W. J., Contra Costa Water Resources Committee ; member Water
Resources Committee and Consultant to the Dept. of Public Works, Contra
Costa — Martinez, Dec, 1957.
ORCHARD, Merle P., District Attorney, Mendocino County — Sacramento, Oct.,
1958.
PATTEX^, Joseph E., Manager, Shasta County Department of Water Resources —
Sacramento, Oct., 1958.
PAYNE, Paul G., Assistant General Manager and Engineer of Palm Springs Water
Company, Cathedral City Water Company and Palm Valley Water Company —
Riverside, Dec, 1958.
PIERSOX, David E., County Engineer, Imperial County — Riverside, Dec, 1958.
PILLSBURY, Arthur F., Professor of Irrigation and Engineering and Chairman of
Department of Irrigation and Soil Science, University of California, Los An-
geles— Riverside, Dec, 1958.
PLATT, Fred R., Agricultural Commissioner of Butte County and Secretary of the
Butte County Water Resources Board, representing the Butte County Board
of Supervisors and Butte County Water Resources Board — Sacramento, Oct.,
1958.
PURDY, Earl, Chairman, Tuolumne County Recreation Commission, Sonora, Dec,
1957.
PYLE, Stuart, Senior Hydraulic Engineer, Department of Water Resources — Sacra-
mento, Oct., 1958.
RAAB, George B., Civil Engineer, San Joaquin Upper Delta Water Users Associa-
tion— Stockton, Oct., 1957.
RAIXES, Harold, Attorney, East Bay Municipal Utility District — Martinez, Dec,
1957 ; Sacramento, Sept., 1958.
ROLL, J. Robert, Chief Engineer and Manager, Santa Clara Valley Water Con-
servation District — Sacramento, Oct., 1958.
PROGRESS REPORT ON PROPOSED WATER PROJECTS 69
ROTHWELL, Weber D., Representing Sacramento County as Engineer for Sacra-
mento County Water Agency and the Water Development Division of tlie Public
Works Department of the County — Sacramento, Oct., 15)r»8.
SANDERS, Onie, Member, Wheeler Ridge-Maricopa Water Storage District — River-
side, Dec, 1958.
SAUP^R, Vic, Director, Department of Public Works, Contra Costa County — Sacra-
mento, Jan., 1958.
SILVERWOOD, AV. E., President, San Bernardino County Supplemental Water
Association- — Riverside, Dec, 1958.
SMITH, Harold V., Vice President, San Bernardino County Supplemental Water
Association and Chairman, Mojave-Antelope Water Agency Committee — River-
side, Dec, 1958.
SORENSON, James F., Secretary, Friant Water Users Association — Sacramento,
Sept., 1958.
Consulting Civil Engineer, representing Board of Suporvi.sors, Tulare County —
Sacramento, Oct., 1958.
SPOOR, E. H., Executive Director, Mountain Counties Water Resources Associa-
tion— Sonora, Dec, 1957 ; Sacramento, Jan., 1958 ; Sacramento, Sept., 1958.
Member, Water Resources Board, Nevada County — Sacramento, Oct., 1958.
STARBUCK, Franklin, Representing Mojave River County Water District— River-
side, Dec, 1958.
STITT, Claude M., Manager, San Joaquin Division, Fibreboard Paper Products
Corp. — Martinez, Dec, 1957.
STODDARD, Howard, Special Consultant, Board of Supervisors, Solano County —
Martinez, Dec, 1957.
Engineer, Solano County Flood Control District and Solano Irrigation District —
Sacramento, Oct., 1958.
STROHM, Jacob, Jackson Valley Irrigation District— Sonora, Dec, 1957.
STURGEON, Marvin G., Director of Public Works, Ventura County, representing
Ventura County Board of Supervisors — Sacramento, Oct., 1958.
SYLVA, Margaret K., Member, Board, Tuolumne County Water District No. 2 —
Sonora, Oct., 1957 ; Sacramento, Oct., 1958.
TAYLOR, Ray, Chairman, Board of Supervisors, Contra Costa County — Martinez,
Dec, 1957.
TILLMAN, Martin, Superintendent of Utilities for City of Antioch — Martinez,
Dec, 1957.
TODD, David K., Associate Professor of Civil Engineering, University of California
at Berkeley — Riverside, Dec, 1958.
TOWNSEND, Dr. W. B., Tri-Counties, San Bernardino — Riverside, Dec, 1958.
TURNER, James H., General Manager and Chief Engineer of San Francisco Water
Department — Sacramento, Oct., 1958.
UPDEGRAFT, Dave, President, Board of Directors, Oroville-Wyandotte Irrigation
District- — Sacramento, Sept., 1958.
WEBER, Charles M., Ill, Civil Engineer; former member of the Legislature ap-
pearing under authority of Senate Resolution No. 115, 1955 Session — Stockton,
Oct., 1957 ; Martinez, Dec, 1957 ; Sacramento, Sept., 1958.
WEEKS, Lowell O., General Manager and Chief Engineer, Coachella Valley County
Water District — Riverside, Dec, 1958.
WELCH, James W., Chairman, Pioneer, Pine Grove and Volcano Water District,
Amador County- — Sonora, Dec, 1957.
WILDE, Hugo, Manager, San Bernardino Valley Municipal Water District — Sacra-
mento, Oct., 1958 ; Riverside, Dec, 1958.
WILSON, John A., Attorney, San Joaquin Upper Delta Water Users Association-
Stockton, Oct., 1957.
WRIGHT, Earl, Associated Sportsmen of California— Stockton, Oct., 1957.
70 PROGRESS REPORT ON PROPOSED WATER PROJECTS
APPENDIX D
GENERAL DELTA PROBLEMS
STATEfViENT PREPARED BY DEPARTMENT OF WATER RESOURCES
Many of the general problems -uliich involve the Delta area are
broujrht about by its nnnsnal location and by the physical factors which
result from that location. The Delta, which comprises approximately
675,000 acres, is located at the confluence of the Sacramento, Mokel-
umne, and San Joaquin Elvers. Of the total area some 470,000 acres
are classified as Delta Lowlands lying generally below an elevation of
five feet. Most of the Delta problems discussed herein pertain to that
area. The remainder of the Delta, called the Delta Uplands, lies gen-
erally above an elevation of five feet and has characteristics of a nor-
mal irrigated agricultural area.
The Delta was originally a vast tule swamp with meandering channels
carrying the waters of the aforesaid major rivers to the San Francisco
Bay system. Reclamation of this area by construction of low levees to
permit drainage of the enclosed islands was commenced on Grand
Island near Rio Vista in 1861. The land was found to be extremely
fertile and reclamation proceeded rather steadily from that date until
early in the twentieth century. Today there are approximately 1.100
miles of levees separating the islands from a network of interconnected
tidal channels. Land surfaces which were originally at approximately
mean sea level have subsided to elevations as much as 15 feet below
sea level, and such subsidence is continuing.
As this area has developed and as use of water has increased up-
stream from the Delta on the tributary rivers, many problems have
become evident. Those problems of a general nature are stated briefly
under the following items. Excluded from this listing are items per-
taining specifically to water rights which are covered in the discussion
of problems relating to the Sacramento River and Delta Trial Distribu-
tion Program.
1. Water Quality
a. Degradation from sea water in San Francisco Bay system dis-
cussed further in Item 11.
b. Degradation from San Joaquin River water wliich. in summer
months is largely drainage water of poor quality now and which may
become of poorer quality as upstream irrigation increases.
c. Degradation from fertilizers and soil minerals applied within
Delta.
d. Degradation from upward movement of connate waters that un-
derlie the Delta at shallow depths.
e. Degradation and pollution from industrial and cannery wastes.
2. Flood ProMems
a. High tides coinciding with peak flood flows in the tributary rivers
and with unfavorable wind velocities and directions.
b. Reduction of channel capacity by sedimentation.
c. Levee maintenance.
PROGRESS REPORT ON PROPOSED WATER PROJECTS 71
(1) Precarious situation resulting? from continual need to increase
levee heights because of land subsidence mentioned in Item 6
and economic limitation of heights of new levees due to expense
of correcting for peat and other poor foundation materials.
(2) Unsuitable construction materials, such as peat, causing failure
of old levees.
(3) Maintenance expenses taxing financial abilities of local districts.
(4) "Wave wash from navigation and wind.
d. Danger to urban areas such as those on Bethel Island.
3. Fish and Wildlife.
a. Loss of fish drawn into pumping plants.
b. Impairment of accessibility to fisheries by installation of barriers
such as that in Sand Mound Slough and those suggested in Dutch
Slough and False River.
e. Reduction of water fowl habitat by land reclamation.
d. Loss of accessibility to boat harbors when islands are flooded.
e. Damage to fisb life from organic wastes mentioned in Item le.
f. Loss of spawning areas due to channel closures and land reclama-
tion.
4. Navigation.
a. Reduction of channel depth by sedimentation and by flocculation
of colloidal material upon contacting salt water.
b. Need to reduce length and curvature in Stockton Ship Channel
(Proposed False River Cutoff).
c. Increase of travel distance by construction of barriers as in 3b.
5. Farming.
a. Crop damage from alkali accumulated by general subirrigation
practices.
b. Nematode infection of root crops.
c. Diversion works adversely affected by low water levels caused by
draw down from Central Yalley project pumping.
d. Salinity in irrigation water from sources under Item 1.
e. Severe dust conditions adversely affecting humans and machines.
f. Poor drainage, induced by causes under Item 7, resulting in diffi-
cult cultivation, crop damage, and poor footing for machinery.
g. Weed problems caused by damp soil.
h. Limitation of useful life of land for asparagus,
i. Reduction of farmable acreage due to seepage.
6. Land Subsidence.
a. Possible causes are compaction from farm equipment and vehicles,
normal oxidation or burning of organic soils, wind erosion, general sub-
sidence due to natural gas extractions, etc.
7. Drainage.
a. Aggravation of drainage problems by subsidence discussed in Item
6 which increases both quantities of seepage and pumping heads.
b. Increase of flow under levees caused by channel dredgnig, geo-
phvsical exploration, artificial raising of channel water levels, etc.
72 PROGRESS REPORT ON PROPOSED WATER PROJECTS
c. Difficulty of control because of geologic conditions causing ground
water to rise vertically within spaces between drain ditches.
d. Difficulty of maintaining deep surface drains in organic soils.
8. Automohile and Truck Transportation.
a. Traffic delay and maintenance expense in county ferry sj^stems.
b. Lack of direct routes between some adjacent islands and across
parts of Delta.
c. Difficult maintenance of road surfacing because of peat founda-
tions, excessive moisture, etc.
d. Dust problems on unsurfaced roads.
9. Industry.
a. Sea water incursion rendering channel waters unsuitable for in-
dustrial processing purposes.
b. Reduction of tube life in steam-electric plants and various indus-
tries using channel water for cooling due to salinity concentrations in
excess of those designed for.
c. Reduction of power plant efficiencies due to increase of channel
water temperatures.
10. Water Supply.
a. Gradual reduction of amounts of water available for agricultural
and other uses within Delta due to upstream storage and diversion of
water for irrigation and municipal purposes.
b. Possibility that Delta water users will be prevented for legal rea-
sons from obtaining an adequate share of natural water supplies if the
process noted in Item 10a is permitted to continue.
c. Possible adverse effects on the Delta water supply of acquisition
of export rights from the Delta without at the same time providing
additional upstream storage.
11. Salinity Control.
a. Natural tendency for salt from sea water to enter Delta channels
via the San Francisco Bay system by a diffusion process resulting from
tidal oscillation.
b. Gradual reduction of natural inflow to the Delta which impairs the
magnitudes of outflows to the bays available to repel sea water incur-
sion.
12. Transportation of Water Across Delta for Such Developments as
the Central Valley and Feather River Projects.
a. Expansion of irrigation in Delta which causes a depletion of
natural flows covered by water right applications for the projects and
a depletion of waters released from project storage for cross-Delta
conveyance.
b. Degradation in quality of transported waters for cause given in
Item 1.
PROGRESS REPORT ON PROPOSED WATER PROJECTS ' 73
APPENDIX E
PROBLEMS PERTAINING TO THE SACRAMENTO RIVER AND
DELTA TRIAL DISTRIBUTION PROGRAM
STATEMENT PREPARED BY DEPARTMENT OF WATER RESOURCES
The Sacramento River and Delta Trial Distribution Program involves
active eit'orts of this department, the United States Bureau of Reclama-
tion, and the representatives of the water diverters in the Sacramento
River-Delta Service Area to settle the respective claims of the United
States and the water diverters to the waters of the Sacramento River
b}' contract rather than through litigation. Before outlining- the many
problems with which the participants in that program are faced, it is
considered pertinent to present a brief resume of the highlights of the
program.
The program was commenced as a result of joint hearings held in
Sacramento in October, 1951, by a Special Subcommittee on Irrigation
and Reclamation of the Committee on Interior and Insular Affairs,
House of Representatives, Eighty-second Congress, First Session, and a
Joint Interim Committee on Water Problems of the California State
Legislature. The consensus at those joint hearings was that litigation
should be avoided if at all possible. In the report on those hearings,
entitled "Report of a Special Subcommittee on Irrigation and Recla-
mation by * * * (naming members of committee) on Central Valley
Project, California, as a Result of Hearings Held October 29, 30, and
31, 1951, Sacramento, California," the deep concern to the use of
Sacramento River water "would embroil the Central Valley Project in
litigation for decades," and it was urged that the California State
Engineer take the leadership in an attempt to arrange the negotiation
of a settlement agreement.
On July 7, 1952, a "Memorandum of Understanding Relating to a
General Approach to Negotiations for Settlement of Water Diversions
from the Sacramento River and Sacramento-San Joaquin Delta With
the Objective of Avoiding Litigation ' ' was signed by the United States
Bureau of Reclamation, the Sacramento Valley Water Users Com-
mittee, and the Division of Water Resources of the California Depart-
ment of Public Works. Negotiations among the representatives of the
water diverters, the Bureau of Reclamation and the State Engineer
pursuant to the approach stated in the Memorandum of Understanduig
led to the "Agreement for Trial Distribution of Water of the Sacra-
mento River During 1954" and the "Sacramento River and Delta
Trial Water Distribution Agreement for 1955. " The two trial distribu-
tion agreements were reported on in the following reports :
1. "Sacramento River Trial Water Distribution 1954, Summary
Report of Data," dated December, 1954, prepared by the State Engi-
neer. . rn ■ 1
2. "Sacramento River and Sacramento-San Joaquin Delta^ Irial
Water Distribution 1954 Report of Analyses," dated Aprd, 1955, pre-
pared by the staff of the Water Project Authority.
3. "Sacramento River and Sacramento-San Joaquin Delta Iriai
Water Distribution 1955, Summary Report of Data," dated January,
1956, prepared by the State Engineer.
74 PROGRESS REPORT ON PROPOSED WATER PROJECTS
As a result of a series of conferences in the latter part of 1955 and
the early part of 1956, there was commenced in May of 1956, what was
designated as the "1956 Co-operative Study Program," involving work
performed jointly by engineers of the Department of AVater Resources,
the Bureau of Reclamation, and the Sacramento River and Delta Water
Association. That program progressed in three stages:
1. The initial stage involved agreement among the engineers partici-
pating in the study as to :
a. The concept of "natural flow" in the Sacramento River and the
relevant channels of the Delta to be used in the studies, and,
based upon the concept settled upon, what the natural How figures
are.
b. The assumed extent of riparian lands involved in the overall water
distribution program, the assumed priority of riparian rights, and
the assumed quantitative entitlements of the owners of such lands
to the use of such natural flow.
c. The assumed extent of appropriative rights involved in the overall
water distribution program, the assumed priorities of such rights,
and the assumed quantitative entitlements of the owners of such
rights to the use of such natural flow.
2. The second stage involved agreement among the engineer partici-
jDants as to placement of the assumed riparian and appropriative rights
in certain jDriority groups and as to the various ways the assumed
quantitative entitlements should be applied to the natural flow to de-
termine the quantities of the natural flow available to satisfy each
priority group. Various studies involving different ways of applying
the assumed entitlements of each priority group to the natural flow
resulted.
3. As the final stage the Department of Water Resources published
a report entitled, "Report on 1956 Co-operative Stud}- Program — Water
Use and Water Rights Along Sacramento River and in Sacramento-
San Joaquin Delta," dated March, 1957.
Problems Concerning the Delta Area Specifically
Certain problems involved in the Sacramento River and Delta Trial
Distribution Program have to do specifically with the Delta. These are
enumerated as follows :
1. Identification or Approximation of Bights in the Delta to the Use of
the Unregulated Flow.
a. Whether land contiguous to that portion of the Sacramento River
channel that is affected b}' tidal influence and land contiguous to
tidal-affected channels of the Delta are entitled to the same ri-
parian status as land contiguous to natural streams above tidal
influence.
b. If some or all of the channels of the Delta were originally con-
structed artificially, whether the channels that were so constructed
nevertheless, have, under the law, all the attributes of channels
wholly natural in origin so as to qualify adjacent lands as
riparian.
PROGRESS REPORT ON PROPOSED WATER PROJECTS 75
c. Whether lands contiguous to channels originally receiving most
of their supply from the San Joaquin River and its tributaries
are riparian with respect to the Sacramento River.
d. Assuming that there are lands in the Delta that are riparian,
whether such status includes the right to the use of sufficient
quantities of the natural flow of the Delta tributaries, including
the Sacramento River, to prevent saline intrusion.
e. If riparian lands exist in the Delta, whether, particularly in view
of their positions furthermost downstream, the owners of such
land have lost riparian rights by prescription to the water users
along the various tributaries of the Delta.
f. If some portions of the Delta are nonriparian whether they have
acquired appropriate water rights by reason of having put water
to beneficial use. If this should be the case, approximation of re-
spective dates of priority would be required if no procedure such
as posting and recording or filing an application under the Water
Commission Act was followed.
2. Determination of Amounts of Irrigation Water Desired and Supple-
mental Irrigation Water Required by Delta Water Users.
a. Method of requiring water users to specify their anticipated
water requirements. Since the totals of diversions and subsurface
inflows to lands in the Delta are not susceptible of measurement,
such specification might have to be on the basis of acreages of
irrigated crops.
b. Permissibility of using the products of unit consumptive use
values and areas of land use classifications to determine water
requirements of the Delta Lowlands.
c. Conclusion on the basis of presently available information as to
whether or not it is reasonable to assume that waters of the Delta
channels comprise substantially the sole source of both surface
diversions and subsurface inflow to the Delta Lowlands.
3. Degree of Salinity Control.
a. Determination of suitable water quality standards for irrigation.
b. Determination of suitable water quality standards for municipal
and industrial use in affected area of Contra Costa County.
c. Specification of the geographical range in the channels of the
western Delta in which suitable qualities are to be provided and
the portions of the Delta that are to be supplied by deliveries
from the Contra Costa Canal or other sources of w^ater to substi-
tute for direct channel water diversions.
d. Determining whether salinity control requirements to be specified
in contract or contracts, should be based entirely upon existing
conditions or whether such matters as future degradation of qual-
ity by reason of irrigation of west-side lands in the San Joaquin
Valley and drainage therefrom and future upstream storage de-
velopments in the San Joaquin River System should be con-
sidered.
76 PROGRESS REPORT ON PROPOSED WATER PROJECTS
4. Charges for Supplemental Water for Salinity Control.
a. Determination of unit charge for supplemental salinity control
water if it should be different from unit charges for supplemental
irrigation water.
b. Determination of whether charges should be on the basis of est-
mated average amounts of supplemental salinity control water
that would have been required over a historical period or whether
such charges should be based upon estimates of monthly require-
ments made prior to each irrigation season with provision for
adjustment of charges after the season.
c. Determination of how responsibility for salinity control should
be divided between the water users and the Bureau of Eecla-
mation.
d. Consideration of possible state interest in salinity control which
would justify the State's assuming a part of the responsibility
either by monetary contribution or provision of water from the
Feather River Project.
e. Determination if water-user responsibility rests entirely upon
those directly affected in the Delta or if water users along the
Sacramento River above Sacramento should also share in the
responsibility.
f. Consideration of whether zones, depending upon degree of bene-
fits, should be set up within the Delta for purposes of allocating
charges.
Problems Concerning Entire Sacramenio River and Delta Service Area
Certain problems confronting participants in the Trial Distribution
Program are common to areas both along the Sacramento River above
Sacramento and in the Delta below that point. These problems are
enumerated in the following items:
1. Determination of unregulated streamfJoivs availahle to local water
users in the Sacramento River and Delta Service Area, the Bureau
of Reclamation, and unassigned state water-right applications.
a. Diversions to be considered in adjusting recorded streamflows
(e.g. diversions in the aforesaid service area only, in accord-
ance with the 1956 Co-operative Study Program, or diversions
from minor tributaries such as Deer, Mill and Battle Creeks,
as w^ell as those in the aforesaid service area, according to the
method of the Upper Sacramento Valley Water Association).
b. Irrigation return flow factors to be used in adjusting recorded
flows for effects of diversions.
c. Methods of estimating streamflow if no actual records of such
flow are available.
d. Method of estimating the effect of historical operation of Cen-
tral Valley Project units in computing unregulated streamflow.
e. Level of water supply development and utilization on tribu-
taries, such as the Mokelumne and San Joaquin Rivers, to be
considered in determining net water supply available for di-
versions in and from the service area. (Objective of such as-
sumptions would be to avoid complication of considering water
rights on such tributaries.)
PROGRESS REPORT ON PROPOSED WATER PROJECTS 77
f. Basis of forecasting unregulated flows to be available during
each irrigation season if settlement agreement should provide
that estimates of supplemental water requirements are to be
made prior to each season.
Identification of rights to the use of unregulated flow.
a. The basic problem of agreement on the degree to which rights
to the use of the unregulated flow need be defined.
(1) Whether precise definitions are possible.
(2) Whether negotiations can proceed on the basis of the
broad assumptions as to water rights made under the 1956
Co-operative Study Program and found in the report on
that program.
b. Problem of identification of owners of riparian lands.
(1) Identification of contiguous riparian land, including as-
sumptions as to effect of intervening railroad levees, and
similar properties owned in fee simple.
(2) Identification of riparian land removed from the stream,
including ascertainment of preservation of original ripar-
ian status.
(3) Assumptions as to quantity of available unregulated flow
to which each riparian owner is presently entitled for rea-
sonable beneficial uses and quantity each may need in the
future for reasonable beneficial uses.
c. Problem of identification of appropriative rights.
(1) Agreement on the degree to which it is necessary to apply
the diligence and loss of rights by nonuse factors.
(2) Assumptions as to riglits of United States and water di-
verters under applications for appropriation of unappro-
priated water which have not reached the permit stage.
(3) Assumptions as to quantitative entitlements under the ap-
propriative rights and as to dates of priorities.
d. Problem of identification of owners of prescriptive rights.
(1) Agreement on whether or not an attempt to make such
identification is feasible.
(2) Agreement on standards to be applied if it is_ agreed to
attempt to identify the owners of prescriptive rights.
(3) Assumptions as to quantitative entitlements under such
rights if owners identified.
e. The relative priorities of assumed rights to the use of the un-
regulated flow.
f . The method of application of assumed quantitative entitlements
to unregulated flow to ascertain yield of the assumed rights.
g. The effect of the Watershed Protection and County of Origin
Laws on the water rights question.
h. The extent to which water rights on tributaries to the Sacra-
mento River need be considered.
Determination of amounts of irrigation water desired hy water
users under proposed contract or contracts.
a. Provision for present requirements only or allowance for in-
crease to a specified maximum diversion after a reasonable
development period.
78 PKOGRESS REPORT OX PROPOSED WATER PROJECTS
b. Provision for flexibilit}^ of diversions under contract or con-
tracts to allow for year-to-year variation of diversions, within
specified limits, as required for economic or other reasons.
c. Number of diverters who would be required to submit estimates
of water requirements (i.e. all diverters including minor Avater
users along" the Sacramento River above Sacramento, diverters
from interior drains, by-pass channels, and other such sources
or only major Sacramento River and Delta-Upland diverters).
d. Degree of rigidity required in a month to month schedule of
diversions estimated at the beginning of the irrigation season.
e. Permissibility of temporarily excluding consideration of the
Feather River service area from negotiations between Sacra-
mento River and Delta water users and the Bureau of Reclama-
tion pending completion of Feather River trial distribution
study with provision for later modification of contract or con-
tracts, in accordance with findings thereof, if believed essential.
4. Determination of quantities of supplemental irrigation water avail-
able to local water users.
a. Limitation of total yield of Central Valley Project as deter-
mined by project operation studies.
b. Status of Trinity River Division in determination of yield avail-
able to Sacramento River and Delta service area.
c. Necessity for deficiencies in project deliveries to present con-
tractors for Central Valley Project waters as well as deliveries
to water users in Sacramento River and Delta service area
pursuant to a proposed contract or contracts.
d. Within project capabilities, fixing of total diversions by Avater
users to be firmed by supplemental Avater (i.e. limited to assured
values of water rights or allowed to increase to a greater figure
providing the water users are Avilling to pay).
e. Obligation of the Bureau of Reclamation to furnish AA'ater to
Sacramento RiA-er and Delta water users as opposed to their
obligation to supply water in the Sacramento Canal and Folsom
service areas according to project plans but A\diich areas are
not under existing contracts.
5. Determination of quantities of supplemental irrigation water to
he provided local water users.
a. Basis of estimates of supplemental Avater requirements (i.e.
requirements to supplement natural floAV only in order to
meet the diversion schedule or the total increase in annual de-
mand or irrigation yield possible AA^th such supplemental water
supplies and, under each, use of gross diA-ersions or net diver-
sions, the latter of which would credit local AA-ater users AA-ith
return flows from delivered supplemental sujiplies).
b. Number of Avater users Avho Avould be included in supplemental
water requirement computations as in Item 3c.
c. Provision for supplemental water requirements to be deter-
mined prior to each irrigation season on the basis of the esti-
mated diversion schedule and water supply conditions and
necessary adjustments made after each season, or for such
PROGRESS REPORT ON PROPOSED WATER PROJECTS 79
supplemental water requirements to be based on an estimate
of averasre conditions over a historical period,
d. Feasibility of basing a contract or contracts for ])ur(;liase of
supplemental irrigation Avater upon the approximate relation
between assumed water rights of all water users as a group
and assumed water rights of the United States as opposed to
consideration of assumed rights of individuals with relation to
those of the Bureau of l\eclamation. In the former case re-
sponsibility of the water users as a group to compensate the
bureau for delivery of supplemental water might be distributed
among individuals approximately as suggested in Item 7.
6. Charge for supplemental irrigation water.
a. Basis of unit charge for supplemental water consistent with
basis of computation selected from those mentioned in Item
5a or others.
b. Method of determining the unit charge for supplemental irriga-
tion water (e.g., new allocation of costs of Shasta and Folsom
Keservoirs on the basis of proportionate use of storage or upon
other bases, adjustment of unit prices quoted for other nearby
service areas to account for the cost of single-purpose facilities
required for such deliveries, ability of the water users to pay,
etc.).
c. Consideration of other benefits or detriments than delivery of
actual supplemental irrigation water requirements in determin-
ing unit charges, (e.g., Reduction of pumping costs due to
higher than natural river stages, seepage problems induced by
such high stages, etc.)
d. Determination of whether or not unit charges should be the
same for supplemental water required for deliveries under
assumed water rights as for those deliveries required to support
a level of diversions higher than assumed water rights.
e. Consideration of the feasibility of the Bureau of Reclamation 's
supplying without charge supplemental water to support a
certain minimum level of diversion by local water users, as
suggested in the "Memorandum of Understanding."
7. Allocatio7i of Charges for Supplemental Irrigation Water Among
Individual Water Users.
a. Determination of whether allocation should be based strictly upon
assumed water rights or whether a portion of the charge to water
users as a group might be distributed on some basis such as ad
valorem factors, percentages of individual to total irrigated areas
or diversions, or on some other basis. (The possibility of a broad
allocation formula might be a means of covering many small in-
dividual water users such as small diverters along the Sacramento
River above Sacramento, diverters from interior drains and by-
pass levee borrow pits, and Delta Lowlands Avater users.)
b. Necessity that principles of allocation be agreed upon among
water users before contacts are made with any individual district
or diverter, if those rather than superdistricts are to be the cou-
80 PROGRESS REPORT OX PROPOSED WATER PROJECTS
tracting entities. (If such principles are not available it is be-
lieved that litigation will result.)
8. General Considerations Belaiing to the Settlement Agreement.
a. Whether or not it is essential that one or more superdistricts be
created to contract with the United States on behalf of the water
diverters for the purchase of supplemental water from the Cen-
tral Valley Project.
b. Whether there should be separate settlement contracts between
the United States and each of, or groups of, the water diverters
who are willing to settle their claims by contract, or whether
there should be one master contract covering the United States
and all of the water diverters who are willing to settle their
claims.
e. Determination of the manner of defining the parties' water rights
in the contract.
d. The precise form of the diversion schedule.
e. Whether provisions for sale of supplemental project water will be
effective in perpetuity.
f. Whether the contract will contain the federal excess land pro-
visions in conjunction with provisions for the sale of supplemental
project water.
g. Whether there will be a provision for adjustment of the contract
if the available water supply proves to be substantially different
from that predicted when the contract was entered into.
h. The degree to which successors and assigns will be bound by the
contract.
POSSIBLE CONFLICT
' ' The riparian right is perpetual whether exercised or not. Regardless
of whether the right is being exercised, it will be protected by judgment
against the possibilitv of the development of a prescriptive right."
(1907) Duckworth v. Watsonville W & L Co. 150/520, 531-532.
"The riparian owner cannot demand as of right an injunction re-
straining all persons who are not riparian owners from * * * up-
stream diversions * * * so the stream will flow by or through his land
undiminished and unobstructed." (1927) Hilhert v. Vallejo, 19 Fed.
2d 510.
APPENDIX F
BIBLIOGRAPHY
STUDIES, REPORTS AND TRANSCRIPTS
(The Bibliography and list of reports entered as exhibits and tabula-
tions of related pertinent documents will be issued as a Supplement to
this report.)
printed in California state printing office
L-4662 5-59 1,500
JOINT INTERIM COMMITTEE REPORTS
1957-1959
REPORT TO THE LEGISLATURE
1959 SESSION
BY THE
JOINT INTERIM COMMITTEE ON WATER RESOURCES
DEVELOPMENT PROBLEMS
Created Pursuant to Assembly Concurrent Resolution No. 2T1
1957 Regular Session
MEMBERS OF THE COMMITTEE
SPEAKER L. H. LINCOLN, Chairman
SENATOR RICHARD RICHARDS, Vice Chairman
SENATORS
James A. Cobey
Jess R. Dorsey (Deceased)
Harold T. Johnson
Fred H. Kraft
John F. McCarthy
Robert I. Montgomery
Edwin J. Regan
Alan Short
ASSEMBLYMEN
Bruce F. Allen
Ralph M. Brown
Thomas M. Erwin
Augustus F. Hawkins
H. W. "Pat" Kelly
Francis C. Lindsay
Allen Miller
Eugene G. Nisbet
STAFF
EDITH N. MacNAIR, Secretary
RODERIC DUNCAN, Legislative Intern
STUART C. HALL, Legislative Intern
Published by the
JOINT INTERIM COMMITTEE ON WATER RESOURCES
DEVELOPMENT PROBLEMS
January 5, 1959
TABLE OF CONTENTS
Page
Letter of Transmittal 5
Enabling- Resolution 7
Proposed Legislation 9
Explanation 14
Full Report 16
I. Committee Membership 16
II. Nature and Scope of the Committee's Activity 16
III. Committee Action . 17
Appendices: Proposals for Amending the Proposed 21
Constitutional Amendment Concerning Water Problems, Resolu-
tions and Statements Thereto Appertaining 23
I. Proposed xVmendments, Senator James A. Cobey 26
II. Resolution, County Supervisors Association of California 26
III. Proposed Amendments, Wallace Howland, Assistant Attor-
ney General 27
IV. Statement, Irrigation Districts Association of California 29
V. Proposed Technical Amendments, Joint Interim Committee
on Water Resources Development Problems 31
VI. Statement, Metropolitan Water District of Southern Cali-
fornia 31
VII. Proposed Amendments and Statement, Mountain Counties
Water Resources Association 33
(3)
-L-3012
80 PROGRESS REPORT ON PROPOSED WATER PROJECTS
tracting entities. (If such principles are not available it is be-
lieved that litigation will result.)
8. General Considerations Relating to the Settlement Agreement.
a. Whether or not it is essential that one or more superdistricts be
created to contract with the United States on behalf of the water
diverters for the purchase of supplemental water from the Cen-
tral Valley Project.
b. Whether there should be separate settlement contracts between
the United States and each of, or groups of, the water diverters
who are willing to settle their claims by contract, or whether
there should be one master contract covering the United States
and all of the water diverters who are willing to settle their
claims.
c. Determination of the manner of defining the parties' water rights
in the contract.
d. The precise form of the diversion schedule.
e. Whether provisions for sale of supplemental project water will be
effective in perpetuit3^
f. Whether the contract will contain the federal excess land pro-
visions in conjunction with provisions for the sale of supplemental
project water.
g. Whether there will be a provision for adjustment of the contract
if the available water supply proves to be substantially different
from that predicted when the contract was entered into.
h. The degree to which successors and assigns will be bound by the
contract.
POSSIBLE CONFLICT
' ' The riparian right is perpetual whether exercised or not. Regardless
of wliether the right is being exercised, it will be protected by judgment
against the possibilitv of the development of a prescriptive right."
(1907) Duckworth v. 'Watsoiiville W (& L Co. 150/520, 531-5.32.
"The riparian owner cannot demand as of right an injunction re-
straining all persons who are not riparian owners from * * * up-
stream diversions * * * so the stream will flow by or through his land
undiminished and unobstructed." (1927) Hilhert v. Vallejo, 19 Fed.
2d 510.
APPENDIX F
BIBLIOGRAPHY
STUDIES, REPORTS AND TRANSCRIPTS
( The Bibliography and list of reports entered as exhibits and tabula-
tions of related pertinent documents will be issued as a Supplement to
this report.)
printed in California state trinting office
L-4662 5-59 1,500
JOINT INTERIM COMMITTEE REPORTS
1957-1959
REPORT TO THE LEGISLATURE
1959 SESSION
BY THE
JOINT INTERIM COMMITTEE ON WATER RESOURCES
DEVELOPMENT PROBLEMS
Created Pursuant to Assembly Concurrent Resolution No. 2T T
1957 Regular Session
MEMBERS OF THE COMMITTEE
SPEAKER L. H. LINCOLN, Chairman
SENATOR RICHARD RICHARDS, Vice Chairman
SENATORS
James A. Cobey
Jess R. Dorsey (Deceased)
Harold T. Johnson
Fred H. Kraft
John F. McCarthy
Robert I. Montgomery
Edwin J. Regan
Alan Short
ASSEMBLYMEN
Bruce F. Allen
Ralph M. Brown
Thomas M. Erwin
Augustus F. Hawkins
H. W. "Pat" Kelly
Francis C. Lindsay
Allen Miller
Eugene G. Nisbet
STAFF
EDITH N. MacNAIR, Secretary
RODERIC DUNCAN, Legislafive Intern
STUART C. HALL, Legislative Intern
Published by the
JOINT INTERIM COMMITTEE ON WATER RESOURCES
DEVELOPMENT PROBLEMS
January 5, 1959
TABLE OF CONTENTS
Page
Letter of Transmittal 5
Enabling Resolution 7
Proposed Legislation 9
Explanation 14
Full Report 16
I. Committee Membership 16
II. Nature and Scope of the Committee's Activity 16
III. Committee Action . 17
Appendices: Proposals for Amending the Proposed 21
Constitutional Amendment Concerning Water Problems, Resolu-
tions and Statements Thereto Appertaining 23
I. Proposed Amendments, Senator James A. Cobey 26
II. Resolution, County Supervisors Association of California 26
III. Proposed Amendments, Wallace Howland, Assistant Attor-
ney General 27
IV. Statement, Irrigation Districts Association of California 29
V. Proposed Technical Amendments, Joint Interim Committee
on Water Resources Development Problems 31
VI. Statement, Metropolitan Water District of Southern Cali-
fornia 31
VII. Proposed Amendments and Statement, Mountain Counties
Water Resources Association 33
(3)
2 — L-3912
LETTER OF TRANSMITTAL
JOINT INTERIM COMMITTEE ON WATER
RESOURCES DEVELOPMENT PROBLEMS
Sacramento, California, January .">, 1!),")!)
Hon. Ralph M. Brown, Speaker of the Assembly; and
Members of the Assembly, Assembly Chauiher, Sacramento, California;
Hon. Glenn M. Anderson, President of the Senate; and
Members of the Senate, Senate Chamber, Sacramento, California
Gentlemen: Your committee, created pursuant to Assembly Con-
current Resolution No. 211, adopted June 12, 1957, submits herewitli
the final report of its activities during the interim following the close
of the 1957 Session.
Contained therein are the enabling resolution, a brief discourse on
the hearings of the full committee, the drafting subcommittee, the sub-
committee on water and power revenue and the Proposed Constitu-
tional Amendment Concerning Water Problems, as amended, together
with proposed amendments, resolutions and statements.
Your committee is deeply indebted to the Department of Water Re-
sources for their devoted assistance since the committee's inception.
Especially does the committee wish to extend its appreciation to Direc-
tor Harvey 0. Banks and to William R. Gianelli, Principal Hydraulic
Engineer, for their dedication to the committee's work.
The committee further desires to acknowledge the invaluable assist-
ance of the office of Ralph N. Kleps, Legislative Counsel, in drafting
various constitutional amenduKMit proposals.
The committee also wishes to express its appreciation to the various
public agencies, private organizations and individuals who have faith-
fully followed and supported the committee's work.
Respectfully submitted,
Speaker L. H. Lincoln, Chairman
Senator Richard Richards, Vice Chairman
SENATORS ASSEMBLYMEN
James A. Cobey Bruce P. Allen*
Harold T. Johnson Ralph M. Brown
Fred H. Kraft Thomas M. Erwin
John F. McCarthy Augustus F. Hawkins
Robert L Montgomery H. W. "Pat" Kelly
Edwin J. Regan Francis C. Lindsay
Alan Short Allen Miller
Eugene G. Nisbet
I do not approvf the propos-d constitutional ami'iidmcnt. Bruce F. All^n.
(TO
ENABLING RESOLUTION
ASSEMBLY CONCURRENT RESOLUTION NO. 211
CHAPTER 329
Assembly Concurrent Besolution No. 211 — Relative to the cre-
ation of the Joint Interim Committee on ^Yater Resources
Development Prohlems.
[Filed with Secretary of State, June 17, 1957.]
Resolved by the Assembly of the State of California, the Sen-
ate thei'eof concurring, As follows:
1. The Joint Interim Committee on Water Resources Devel-
opment Problems is hereby created and authorized and directed
to ascertain, study and analyze all facts relating to the solu-
tion of problems in connection with the development of the
water resources of tlte State, including but not limited to state
policy in connection with the development of water resources,
matters relating to the reservation of water for areas in which
such water originates, or other means of protection for such
areas, matters relating to contracts for water or power from
state water development projects, and matters relating to the
financing of water development projects. Such study shall be
devoted primarily to the operation, effect, administration,
enforcement and needed revision of the Constitution of the
State of California insofar as it bears upon or relates to
the subject of this resolution, and the connnittee shall report
thereon to the Legislature, including in the reports its recom-
mendations for appropriate amendment of the Constitution.
Whenever six Senators and six Members of the Assembly on
this committee have reached an agreement on a proposed con-
stitutional amendment with respect to the subject matter of
this resolution, they shall report thereon to the Governor, the
Lieutenant Governor, the President pro Tempore of the Senate,
and the Speaker of the Assembl.y, and the Governor is hereby
requested thereupon to convene the licgislature in an ex-
traordinary session as soon thereafter as is feasible, for the
purpose of considering and acting upon such proposed consti-
tutional amendment.
2. The committee shall consist of nine Members of the As-
sembly appointed by the Speaker thereof, and nine Members
of the Senate, appointed by the Committee on Rules thereof.
Vacancies occurring in the membership of the committee shall
be filled by the appointing power.
3. The committee is authorized to act during this session
of the Legislature, including any recess, and after final ad-
journment until the commencement of the 1959 Regular
(7)
REPORT ON WATER RESOURCES DEVELOPMENT PROBLEMS
Session, with authority to file its final report not later than
the fifth legislative day of that session.
4. The comnnttee and its members shall have and exercise
aU of the rights, duties and powers conferred upon investi-
gating committees and their members by the provisions of the
Joint Rules of the Senate and Assembly as they are adopted
and amended from time to time at this session, which pro-
visions are incorporated herein and made applicable to this
committee and its members.
5. The committee has the following additional pow-ers and
duties :
(a) To select a chairman and a vice chairman from its
n:embership.
(b) To contract with such other agencies, public or private,
as it deems necessary for the rendition and affording of such
services, facilities, studies and reports to the committee as will
best assist it to carry out tlie purposes for which it is created.
(c) To co-operate with and secure the co-operation of
county, city, city and county, and other local law enforcement
agencies in investigating any matter within the scope of this
resolution and to direct the sheriff of any county to serve sub-
poenas, orders and other process issued by the committee.
(d) To report its findings and recommendations to the Leg-
islature and to the people from time to time and at any time,
not later than herein provided.
(e) To do any and all other things necessary or convenient
K) enable it fully and adequately to exercise its powers, per-
form its duties, and accomplish the objects and purposes of
this resolution.
6. The sum of ten thousand dollars ($10,000) or so much
thereof as may be necessary is hereby made available from
the Contingent Funds of the Assembly and the Senate for the
expenses of the committee and its members and for any
charges, expenses or claims it may incur under this resolu-
tion, to be paid from the said contingent funds equally and
disbursed, after certification by the chairman of tlie commit-
tee, upon warrants drawn by the State Controller upon the
State Treasurer.
PROPOSED LEGISLATION
The following' Proposed Constitutional Amendment Concerning
Water Problems, as amended December 28, 1958, is submitted to the
L959 Session of the Legislature for its consideration. The amendment
las not been agreed to by the committee as a whole. However, as trans-
mitted herewith, the proposed constitutional amendment represents the
aest effort of the committee.
Included as appendices to this report are other proposals for amend-
ing the proposed constitutional amendment. These proposals were con-
sidered, some were adopted by the committee December 23, 1958, others
ivere referred to the committee which will, if reconstituted, continue
kvork on this subject.
(9)
10 REPORT ON WATER RESOURCES DEVELOPilEXT PROBLEMS
PROPOSED CONSTITUTIONAL AMENDMENT
CONCERNING WATER PROBLEMS
Considered by Joint Water Kesourees Development
Problems Committee on December 8, 1958
(As amended December 23, 1958)
Assenihly Constitutional Amendment No — A resolution
to propose to the people of the State of California an amend-
ment to the Constitution of the State, hy adding Section 5
to Article XIV thereof, relating to water.
1 Resolved hy the Assembly, the Senate concurring, That the
2 Legislature of the State of California, at its 1959 Regular Ses-
3 sion, commencing on the fifth day of January, 1959, two-thirds
4 of the members elected to each of the two houses voting in
5 favor thereof, hereby proposes to the people of the State of
6 California that the Constitution of the State be amended by
7 adding Section 5 to Article XIV thereof, to read :
8 Sec. 5. It is hereby declared that because of conditions
9 prevailing iu this State it is necessary for the State to assume
10 a continuing responsibility for assuring the timely and eco-
11 nomical development of the water resources of the State. The
12 State shall discharge this responsibility in co-ordination with
13 activities of private enterprise, local public agencies and the
14 Federal Government and may co-operate with those entities to
15 that end.
16 It shall be tlie policy of the State that, in the future devel-
17 opment of the water resources of this State, no area of the
18 State sliall be deprived, by reason of such development, of
19 water needed to satisfy the requirements of such area, and it
20 shall be a continuing responsibility of the State to provide
21 facilities for the development, conservation and utilization of
22 water resources and thereby make water available to meet the
23 beneficial use of all areas of this State.
24 The provisions of Article I, Section 16. of this Constitution,
25 prohibiting the impairment of the obligation of contracts, shall
26 apply to all contracts made by the State with any person or
ftfit'ORT ON WATER RESOURCES DEVELOPMENT I'KOHLEMS It
1 agency, public or pi-ivatc, for the delivery of water or electric
2 energy made available by any state project. The State may
3 sne and be sued with respect to any such contract.
4 The California Water Development Fund is created as a
5 special fund in the State Treasury, the moneys, securities, and
6 increment of wliich shall he hehi by the State Treasurer for
7 expenditure as provided in this section.
8 There shall be deposited in the California Water Develop-
9 ment Fund :
10 (a) All revenues received by the State from the extraction
11 of oil and gas from tide and submerged lands and state public
12 lands in excess of fifteen million dollars (H^15,00n,()()0) in each
13 fiscal year, over and above the cost of administration of all
14 such lands and any refunds authorized by law;
15 (b) All revenues received by the State from the sale or
16 furnishing of water, water pow'er, and electrical energy, over
17 the cost of operation and maintenance thereby incurred by
18 the State, and after payment of the principal and interest on
19 any bonds issued pursuant to this section ;
20 (c) Two million five hundred thousand dollars ($2,500,000)
21 each month from the General Fund ;
22 (d) The proceeds of the sale of any state bonds issued to
23 provide funds for water resource development ; provided, how-
24 ever, that if the bonds are authorized for the purpose of pro-
25 viding funds for the cost of designated facilities, the proceeds
26 of the sale thereof, when deposited in the California Water
27 Development Fund, shall be used for that purpose and no
28 other. Notwithstanding the provisions of Section 1 of Article
29 XVI, the Legislature, upon a two-thirds vote of all members
30 elected to each house of the Legislature voting in favor thereof,
31 may authorize the issue of general obligation bonds in such
32 amounts and at such times as may be needed to facilitate the
33 construction of state water projects. The total amountof all
34 general obligation bonds so authorized under this section by
35 the Legislature shall not exceed, outstanding at any one time,
36 five hundred million dollars (.$500,000,000). General obligation
37 bonds issued for the purpose of providing funds for designated
38 facilities may include a provision pledging the revenue of the
39 facilities, over and above the cost of operation thereof, to the
40 payment of the principal and interest of those bonds ;
41 (e) All money in the Investment Fund on the effective date
42 of this section ;
43 (f) Any other funds made available solely for the purpose
44 of the California Water Development Fund by taxation, ap-
45 propriation, gift, or any other means.
46 Any money in the California Water Development Fund may
47 be exjpended" solely for studies and surveys, construction, oper-
48 ation, or maintenance of water resources development projects.
49 The Legislature, by a vote of two-thirds of all members elected
50 to each house, may appropriate money in the California Water
12 REPORT ON WATER RESOURCES DEVELOPMENT PROBLEMS
1 Development Fund for studies and surveys of water resources
2 development projects. The California Water Development Fund
3 is hereby appropriated for expenditure by the Department of
4 Water Resources only for the acquisition, construction or op-
5 eration of any authorized project for the development, con-
6 servation or utilization of water resources; provided, that the
7 Legislature by concurrent resolution, with two-thirds of all
8 members elected to each house voting in favor thereof, may
9 limit the funds to be expended during any fiscal year on a
10 specified project or unit of a specified project. A project shall
11 be deemed to be authorized within the meaning of this section
12 on the thirty-first day after the Department of Water Resources
13 has proposed its authorization to the Legislature unless, before
14 that date, the Legislature, by concurrent resolution, rejects the
15 proposal as proposed or as amended by the department. If the
16 department amends a proposal for a project after its submis-
17 sion to the Legislature, and within such time prior to the
18 final date on which the Legislature may reject a proposal as
19 the Legislature specifies, the project shall be authorized as
20 amended. A proposal to so authorize a project shall be made
21 only after the Department of Water Resources has determined
22 it to be in conformity with the policies set forth in this section
23 and shall be effective only if submitted to the Legislature at
24 any session thereof not less than 30 days prior to adjourn-
25 ment. A project the authorization for which has been so pro-
26 posed and rejected by concurrent resolution may thereafter be
27 authorized only b.y law. Nothing in this paragraph shall limit
28 the power of the Legislature to authorize a project within the
29 meaning of this section, but it may do so only by a vote of
30 two-thirds of all members of each house in favor thereof.
31 Notwithstanding any other provision of this section the
32 amounts required to be deposited in the fund under subdivi-
33 sions (a) or (c) above may be appropriated by the Legislature,
34 by a vote of three-fourths of the members elected to each house,
35 for any state purpose other than those stated in this section.
36 Such appropriations shall not be for more than one fiscal year,
37 and any money so appropriated which is not expended or en-
38 cumbered within the one-year period for which appropriated
39 shall revert to the California Water Development Fund.
40 The money in the California Water Development Fund may
41 be invested and reinvested as may be provided by the Legisla-
42 ture, and any interest accruing or other increment derived
43 from investments shall be deposited in the fund and shall be
44 available for expenditure as provided in this section.
45 This section shall be self-executing, and the Legislature may
46 also enact laws in furtherance of the policies contained in this
47 section.
48 As used in this section, "Department of Water Resources"
49 means the Department of Water Resources created by Chapter
REPORT ON WATER RESOURCES DEVELOPMENT IMJOBLKNrS ^'^
1 52 of the l!)r)H First Extraortliiuiry Sc'ssiou. or ;my s\iiccss()r
2 to said departinent estahlishcd by law to roriindatc plans ;iiid
3 to acquire or eonstnu-t facilities for the devclojuiiciil of the
4 water resoiu'ces of tlie Stale.
14 REPORT ON WATER RESOURCES DEVELOPMENT PROBLEMS
EXPLANATION
The proposed constitutional amendment concerning water problems
would establish as state policy, that because of conditions prevailing in
the State, it is necessary for the State to assume a continuing responsi-
bility for assuring the timely and economical development of the State 's
water resources. In connection with that responsibility, the amendment
provides that the State: (1) shall co-ordinate its activities in the water
resources field with the activities of private enterprise, local public
agencies and the Federal Government; and (2) will not pre-empt the
water development field, but will co-operate with the above agencies.
The proposed constitutional amendment further sets forth as state
polic}^ that in the future development of the water resources of the
State, no area shall be deprived of water needed to satisfy- the require-
ments of any such area. Further, it is set forth that it shall be a con-
tinuing state responsibility to provide facilities to make water available
to meet the beneficial use of all areas.
The proposed constitutional amendment also prohibits the impair-
ment of contractual obligations between the State and its political sub-
divisions, and clarifies the uncertainty as to the sanctitj^ of state con-
tracts created by the "Mallon decision."
This proposal substantially transfers to the Department of Water
Resources a good portion of detail in the development of water projects
in California and several of the issues which have heretofore caused
a deadlock in the Legislature. If this proposal is adopted the Depart-
ment of Water Resources will submit to the Legislature its proposals
for specific project development. The Legislature will then have 30
days during which it can reject by a majority vote of both houses the
department 's proposal ; otherwise automatic authorization will exist
for the submitted project. Additionally, the Legislature maj^ initiate
its own projects by a two-thirds vote of both houses.
A continuing, revolving Water Development Fund is established suf-
ficient to guarantee the initiation and completion of water projects to
the degree required in total statewide water development. Included in
this fund will be :
(1) All oil and gas revenues received by the State in excess of
$15,000,000 annually.
(2) Revenues achieved from the projects themselves (sale of water
and power), over and above the cost of operation, maintenance, and
payment of principal and interest on any bonds.
(3) $2,500,000 each month from General Fund revenues.
(4) Proceeds from the sale of general obligation bonds, as authorized
by this proposed constitutional amendment, not exceeding $500,000,000
outstanding at any one time.
(5) The balance of the State Investment Fund.
(6) Anj^ additional moneys made available for California water
development by taxation, appropriation, gift or otherwise.
The proposed constitutional amendment provides for a modification
of the oil revenue and General Fund moneys to be deposited in the
California Water Development Fund by a vote of three-fourths of the
members of each house. Furthermore, the Legislature can limit money
REPORT ON WATER RESOURCES DEVELOPMENT PROHLEMS If)
spent in anj^ fiscal year on any project or unit thereof by a two-tliirds
vote of the members of each house.
On the difficult question of finance, the aim of this proposed constitu-
tional amendment concerning water problems is to make moneys from
the California Water Development Fund automatically, immediately
and continuously available for construction purposes in the case of
authorized projects. This has been accomplished by the establishment of
the California Water Development Fund to consist of, in addition to
lump sum amounts and annual contributions, the right of the Legisla-
ture to authorize the issuance of general obligation bonds to the extent
of $-")00,0()0,000 outstanding at any one time.
It was the thinking of the drafting subcommittee that alteration of
the traditional method of bond authorization is necessary, insofar as
water projects are concerned, for three important reasons :
(1) Continuity in the construction of water projects. Time will not
permit the piecemeal completion of projects. With the attendent un-
certainties of biennial authorization of bonds by the electorate, the
Department of Water Resources cannot adequately program statewide
water development and completion of projects already under construc-
tion.
(2) Under this bonding proposal Northern California interests would
be assured of financing for future water developments to provide
for their local needs, and Southern California would be assured that
a major export project designed to serve their area would be financed
to completion.
(3) The State will be able to take advantage of more favorable
interest rates in the issuance of bonds by scheduling bond issues, taking
into consideration bond marketing conditions. With sums as large
as those now under discussion, flexibility seems imperative so that the
State may issue these bonds from time to time when the market is oppor-
tune.
While the proposed constitutional amendment permits the Legislature
to authorize the issuance of $500,000,000 in general obligation bonds,
outstanding at any one time, such grant of authority was not intended
necessarily as a mandatory requirement that the Legislature authorize
the issuance of the bonds in a $500,000,000 lump sum. Rather, that
the Legislature would authorize the issuance of bonds only as necessary
to supplement the California Water Development Fund.
REPORT
I. COMMITTEE MEMBERSHIP
Pursuant to Assembly Coiicin-reiit Resolution No. 211, 1957 Regular
Session, the Joint Interim Committee on Water Resources Develop-
ment Problems was composed of nine Senators and nine Assemblymen
selected by the Senate Rules Committee and the Speaker of the Assem-
bly, respectively.
At its inception, the committee consisted of Senators James A. Cobey.
Earl D. Desmond, Harold T. Johnson, Fred H. Kraft, John F. Mc
Carthy, Robert I. Montgomery, Edwin J. Regan, Richard Richards and
Alan Short : Assemblymen Bruce F. Allen, Ralph M. Brown, Thomas
M. Erwin, .Vugustus F. Hawkins, L. H. Lincoln, Francis C. Lindsay,
Patrick D. AIc(4ee, Allen Miller and Eugene G. Nisbet.
Upon the death of Senator Desmond, JMay 28, 1958, Senator Jess R.
Dorsey was named to replace him. However, on Senator Dorsey's pass-
ing, September 27, 1958, the vacancy was not filled by the Senate Rules
Committee. Assemblyman H. W. "Pat" Kelly was appointed by
Speaker L. H. Lincoln to fill the vacancy created by the resignation of
A.ssemblynum Patrick D. JMcGee, August, 1957.
II. NATURE AND SCOPE OF THE COMMITTEE'S ACTIVITY
Tile Joint Interim Committee on Water Resources Development Prob-
lems was established to evolve a plan whereby the projects envisioned
in the California Water Plan might be developed and to consider the
concomitant political, geograi)hical and financial problems. Essen-
tially, the work of the connnittee was directed toward reaching agree-
ment on a constitutional amendment Avhich would provide the vehicle
for statewide water development.
Because a staff of technical experts was readily available in the
Department of Water Resources, the Department of Finance, the Office
of the Legislative Counsel, and the Office of the Legislative Analyst,
it was unnecessary to engage a separate committee staff. Additionally,
the staff of the Speaker of the Assembly was utilized for clerical and
research problems.
It was the consensus of the members the committee's purpose best
would be fulfilled by working informally as a conference committee.
The committee had the benefit of the work previously done in this field
by such groups as the State Chamber of Commerce's Statewide Water
Resources Committee, the Subcommittee on Counties of Origin of the
Joint Water Problems Committee, the Attorney General's Connnittee
of Water Lawyers and the Governor's Committee of Water Lawyers.
The Joint Interim Committee on Water Resources Development Prob-
lems was established to consider proposals by the aforementioned or
other individuals and groups and to make recommendations for the
solution of the impasse over statewide water development which had
developed in the 1957 Regular Session of the Legislature.
(16)
REPORT ON WATER RESOURCES DEVELOPMENT PROBLEMS 17
During the first meetinp, it was determined that the committee
shonld locate a tresh patli across a worn field" of controversy over
water development. Subsequently, it became evident a constitutional
amendment embodyaig a new, simple approach to the solution of tlie
State s water problems was desirable.
Throughout its history the Joint Interim Committee on Water Re-
sources Development Problems has maintained close liaison with other
legislative connnittees interested in Califoi-nia's pressing water problem
especially the Joint Water Problems Committee and, in particular, its
Subcommittee on Financial and Economic Policy for state water proj-
ects. The committee also has been interested in tlie progress of the hear-
ings conducted during the 1957-59 interim by the Senate Interim Com-
mittee on Proposed Water Projects.
Thus, the committee agreed extensive new hearings were not needed
to gather information about water problems. Katlier, more time should
be spent in resolving differences in points of view regarding water
rights and water projects financing. Nevertheless, it was decided to
meet as frequently as feasible in selected areas throughout the State
to obtain concise statements on water policy from interested public
agencies, private organizations and individual citizens. A summary of
the committee's action follows.
III. COMMITTEE ACTION
The full membership of the Joint Interim Committee on Water Re-
sources Development Problems conducted 10 meetings between and in-
cluding August 9, 1957, and December 23, 1958, as follows :
August 0, 1957 Sacraraenlo
August 31, 1957 San Diego
September 14, 1957 Sacramento
September 27, 1957 Sacramento
November 19-20, 1957 Los Angeles
December 20, 1957 Sacramento
January 6, 19.58 Sacramento
February 5, 19.58 Sacramento
December 8, 1958 Sacramento
December 23, 1958 Sacramento
During the course of the hearings the following persons made pre-
sentations to the committee :
Harvey O. Banks, Director, Department of Water Resources.
Allen Bartlett, Municipal Bond Research, Bank of America.
Paul Beerman, Director, Water Department, City of San Diego.
William R. Gianelli, Principal Hydraulic Engineer, Department of Water
Resources.
Rex B. Goodcell, Jr., Assistant City Attorney, Department of Water and
Power, City of Los Angeles, representing Mayor Xorris Poulson.
Fred A. Heilbron, Chairman, San Diego County Water Authority ; Member,
Board of Directors, Metropolitan Water District of Southern California.
Joseph .Jensen, Chairman, Board of Directors, Metropolitan Water District of
Southern California.
Howard A. Miller, Assistant General Manager, Los Angeles Chamber of Com-
merce.
William S. Peterson, General Manager and Chief Engineer, Department of
Water and Power, City of Los Angeles.
Ralph Phillips, President, San Diego County Ciiamber of Commerce.
Murray D. Pond, Manager, Pahndale Irrigation District,
18 REPORT ON WATER RESOURCES DEVELOPMENT PROBLEMS
A. Alan Post, Legislative Analyst.
William Rosecrans, Chairman, l^onthern California "Water Co-ordinating Con-
ference.
A subcommittee composed of Senators Harold T. Johnson (Chair-
man) and Earl D. Desmond and Assemblyman Thomas JM. Erwin and
H. W. "Pat" Kelly was appointed December 20, 1957, to study the
problem of water and power revenue from proposed water projects.
At the January 6, 1958, meeting of the full committee Assemblyman
Augustus F. Hawkins was named to replace Assemblyman Kelly as
a member of this subcommittee. The subcommittee convened January
7, 1958, to hear testimony regarding the effect water and power rights
developed under the California Water Plan would have on the financial
aspects of said plan. Making presentations before this subcommittee
were:
Harvey O. Banks. Director, Department of Water Resources.
Vincent Cooper, County Supervisors Association of California.
Robert Durhrow. Irrigation Districts Association of California.
Clair Hill. Chairman, California Water Commi.^sion.
Leslie C. .Topson, Chief Engineer, State Water Rights Boanl.
Milton Kidd. Modesto-Turlock Irrigation District.
Lawrence C. Spencer, Supervising Engineer, Application Section, State Water
Rights Board.
The remainder of the committee's work was undertaken by a drafting
subcommittee, appointed February 5, 1958, composed of Senators Fred
H. Kraft, Richard Richards (Chairman), Edwin J. Regan, xVlan Short;
Assemblymen Bruce F. Allen, Thomas M. Erwin, L. H. Lincoln (ex
officio), Francis C. Lindsay and Allen Miller.
From February 5, 1958, until December 8th of that year, meeting
frequently, the subcommittee considered in detail five proposed drafts
of a constitutional amendment concerning water problems. Chief Dep-
uty Legislative Counsel Charles "W. Johnson and Principal Deputy
Legislative Counsel George H. Murphy served as legal counsel to both
the full committee and the drafting subcommittee.
Sufficient agreement among subcommittee members was reached on
the fifth tentative draft to warrant its submission to the full committee
December 8, 1958.
The activities of the subcommittees were culminated at the meetings
of the full committee on December 8 and 23, 1958. at whicli time the
committee was convened to consider the report of the drafting subcom-
mittee. A bond financing expert supplied by the Department of Water
Resources testified as to the eft'ects of the provisions of the proposed
constitutional amendment concerning water problems on the saleability
of water project bonds.
On December 8th the full committee adopted a resolution to the effect
that (1) the report of the drafting subcommittee be accepted; (2) the
amendment's language be accepted for the purpose of placing the pro-
posed constitutional amendment concerning water problems in print ;
and (3) the proposed constitutional amendment be circulated.
Also, on December 8th the committee requested that any amendments
to the proposed constitutional amendment be submitted in Avriting and
signed by the person (s) or organization (s) recommending the amend-
REPORT ON WATER RESOURCES DEVELOPMENT PHOHEEMS l!l
]nent(s) and be distributed to all eoiimiittee lueinbers in printed or luul-
tilith t'oi'm prior to the Deeendier 2M meetinp; of the fid! committeo.
At its final meetinj>-, December 23d, the committee received proposals
for amendino' the proposed constitutional amendment concern infr water
problems.
Several clarifyino', technical amendments, which it was agreed would
not detract from the substantive nature of the proposed constitutional
amendment, were proposed by the committee, Senator James A. Cobe\-,
and Mr. Wallace Ilowland, Assistant Attorney General, and were
adopted by the committee. Action on other proposals was delayed, but
the committee agreed to include all amendments, resolutions and state-
ments presented to the committee pursuant to its invitation of Decem-
ber 8, 1958, in its final report.
Again, the committee agreed to commit to print the proposed consti-
tutional amendment concerning water problems, together with those
amendments which had been adopted and those on which action had
been delayed.
The proposed constitutional amendment concerning water problems
is submitted herewith to the 1959 Regular Session of the California
Legislature and to the Joint Interim Committee on Water Resources
Development Problems, if reconstituted, as representative of the best
efforts of the committee.
APPENDICES
In response to the invitation of the committee, issued Tuesday, De-
cember 8, 1958, amendments, resolutions and statements pertaining: to
the proposed constitutional amendment concernino- water problems
were submitted by the followin<>' public aiiencies, private organizations
and individual citizens :
I. Proposed Amendments, Senator James A. Cobey
II. Kesolution, County Supervisors Association of California
III. Proposed Amendments, AVallace Ilowland, Assistant Attorney
General
IV. Statement, Irrigation Districts Association of Califoriiia
V. Proposed Technical Amendments, Joint Interim Committee on
Water Resources Development Problems
VI. Statement, Metropolitan Water District of Southern California
VII. Proposed Amendments and Statement, Mountain Counties Water
Resources Association
(Editor's Note: Page and line references in the following proposals to amend
the Fifth Tentative Work Copy of the Proposed Constitutional Amendment
Concerning Water Problems refer to the Proposed Constitutional Amendment
printed below, and not to the proposed legislation on pages 10 to 13 of this
report.)
(22)
REPORT ON WATER RESOURCES DEVELOPMENT PROBLEMS 2.'^
PROPOSED CONSTITUTIONAL AMENDMENT
CONCERNING WATER PROBLEMS
Considered by Joint Water Resources Development
Problems Committee on December 8, 1958
Asscmhly Constitutional Amendment No. — A resolution
to propose to the people of the State of California an amend-
ment to the Constitution of the State, hy adding Section 5
to Article XIV thereof, relating to ivater.
1 Resolved by the Assembly, the Senate concurring , That the
2 Legislature of the State of California, two-thirds of the mem-
3 bers elected to each of the two houses voting in favor thereof,
4 hereby proposes to the people of the State of California that
5 the Constitution of the State be amended by adding Section 5
6 to Article XIV thereof, to read :
7 Sec. 5. It is hereby declared that because of conditions
8 prevailing in this State it is necessary for the State to assume
9 a continuing responsibility for assuring the timely and eeo-
10 nomical development of the water resources of the State. The
11 State shall discharge this responsibility in co-ordination with
12 activities of private enterprise, local i)ublic agencies and the
13 Federal Government and may co-operate with those entities to
14 that end.
15 It shall be the policy of the State that, in the future devel-
16 opment of the w^ater resources of this State, no area of the
17 State shall be deprived, by reason of such development, of
18 water needed to satisfy the requirements of such area, and it
19 shall be a continuing responsibility of the State to provide
20 facilities for the development, conservation and utilization of
21 water resources and thereby make water available to meet the
22 beneficial use of all areas of this State.
23 No contract between the State and a public or other agency
24 for delivery of water or electric energy made available by any
25 state project shall be subject to impairment by act of the I^eg-
26 islature. The State may sue and be sued with respect to any
27 such contract.
24 REPORT ON WATER RESOURCES DEVELOPMENT PROBLEMS
1 The California Water Fund is created as a special fund in
2 the State Treasury, the moneys, securities, and increment of
3 which shall be held by the State Treasurer for expenditure
4 as provided in this section.
5 There shall be deposited in the California Water Fund :
6 (a) All revenues received by the State from the extraction
7 of oil and gas from tide and submerged lands and state public
8 lands in excess of fifteen million dollars ($15,000,000) in each
9 calendar year, over and above the cost of administration of
10 all such lands and any refunds authorized by law ;
11 (b) The total revenues over the cost of operation and main-
12 tenance and payment of the principal and interest on any
13 bonds issued pursuant to this section or in the case of a joint
14 project, the portion of such revenues to Avhich the State is
15 entitled ;
16 (c) Two million five hundred thousand dollars ($2,500,000)
17 each month from the first revenues received in the General
18 Fund after the setting- apart of the moneys required to be
19 applied by the State to the support of the Public School Sys-
20 tem and state university;
21 (d) The proceeds of the sale of any state bonds issued to
22 provide funds for water resource development ; provided, how-
23 ever, that if the bonds are authorized for the purpose of pro-
24 viding funds for the cost of designated facilities, the proceeds
25 of the sale thereof, when deposited in the California Water
26 Fund, shall be used for that purpose and no other. Notwith-
27 standing the provisions of Section 1 of Article XYI, the Leg-
28 islature, upon a two-thirds vote of all members elected to each
29 house of the Legislature voting in favor thereof, is authorized
30 to issue general obligation bonds in such amounts and at such
31 times as may be needed to facilitate the construction of state
32 water projects. The total amount of all general obligation
33 bonds so authorized under this section by the Legislature shall
34 not exceed, outstanding at any one time, five hundred million
35 dollars ($500,000,000). General obligation bonds issued for the
36 purpose of providing funds for designated facilities may in-
37 elude a provision pledging the revenue of the facilities, over
38 and above the cost of operation thereof, to the payment of the
39 principal and interest of those bonds ;
40 (e) All money in the Investment Fund on the effective date
41 of this section ;
42 (f) Any other funds made available solely for the purpose
43 of the California Water Fund by taxation, appropriation, gift,
44 or any other means.
45 Any money in the California Water Fund may be expended
46 solely for studies and surveys, construction, operation, or main-
47 tenance of water resources development projects. The Legisla-
48 ture, by a vote of two-thirds of the members thereof, may ap-
49 propriate monej' in the California Water Fund for studies and
50 surveys of water resources development projects. The Cali-
^1 fornia Water Fund is appropriated for expenditure by the
REPORT ON WATER RESOURCES DEVELOPMENT PROBLEMS 25
1 Department, of Water Kesoiirces only for the aeqnisition, con-
2 struction or operation of any authorized project for the
3 development, conservation or utilization of water resources;
4 provided, that the Lej^islature by concurrent resolution, with
5 two-thirds of all members elected to each house thereof voting
6 m favor thereof, may limit the funds to be expended on a
7 specified project or unit of a specified project. A project shall
8 be deemed to be authorized within the meaning? of this section
9 on the thirty-first day after the Department of Water Resources
10 has proposed its authorization to the Le<>islature unless, before
11 that date, the Legislature, by concurrent resolution, rejects the
12 proposal as proposed or as amended by the department. If the
13 department amends a proposal for a project after its submis-
14 sion to the Legislature, and within such time prior to the
15 final date on which the Legislature may reject a proposal as
16 the Legislature specifies, the project shall be authorized as
17 amended. A proposal to so authorize a project shall be made
18 only after the Department of Water Resources has determined
19 it to be in conformity with the policy set forth in this section
20 and shall be effective only if submitted to the Legislature at
21 any session thereof not less than 30 days prior to adjourn-
22 ment. Authorization of a project which has been so proposed
23 and rejected by concurrent resolution may thereafter be au-
24 thorized only by law. Nothing in this paragraph shall limit the
25 powder of the Legislature to authorize a project within the
26 meaning of this section, but it may do so only by a vote of
27 two-thirds of all members of each house in favor thereof.
28 Notwithstanding any other provision of this section the
29 amounts required to be deposited in the fund under subdivi-
30 sions (a) or (c) above may be appropriated by the Legislature,
31 by a vote of three-fourths of the members elected to each house,
32 for any state purpose other than those stated in this section.
33 Such appropriations shall not be for more than one fiscal year,
34 and any money so appropriated which is not expended or en-
35 cumbered within the one-year period for which appropriated
36 shall revert to the California Water Fund.
37 The money in the California Water Fund may be invested
38 and reinvested as may be provided by the Legislature, and
39 any interest accruing or other increment derived from invest-
40 ments shall be deposited in the fund and shall be available for
41 expenditure as provided in this section.
42 This section shall be self-executing, and the Legislature may
43 also enact laws in furtherance of the policies contained in this
44 section.
45 As used in this section, "Department of Water Resources"
46 means the Department of Water Resources created by Chapter
47 52 of the 1956 First Extraordinary Session, or any successor
48 to said department established by laAV to formulate plans and
49 to acquire or construct facilities for the development of the
50 Avater resources of the State.
26 REPORT ON WATER RESOURCES DEVELOPMENT PROBLEMS
I. PROPOSED AMENDMENTS, SENATOR JAMES A. COBEY
Amendments to Proposed Constitutional Amendment
Concerning Water Problems
AMENDMENT NO. 1
On page 2 of the Proposed Constitutional Amendment Concerning
Water Problems, strike out lines 17 to 20, inclusive, and insert :
"each month from the General Fund;".
(Committee action: adopted.)
AMENDMENT NO. 2
On page 3, line 9, strike out ' ' thirty-iirst ' ' and insert :
"ninety-first".
(Committee action: delayed action.)
AMENDMENT NO. 3
On page 3, line 11, after "resolution," insert:
"or either house of the Legislature, by resolution adopted by a majority
of the members thereof,".
(Committee action: delayed action.)
AMENDMENT NO. 4
On page 3, line 12, strike out "or" and insert a comma.
(Committee action: delayed action.)
AMENDMENT NO. 5
On page 3, line 12, after "department" insert:
", or as amended by the Legislature by concurrent resolution".
( Committee action : delayed action. )
AMENDMENT NO. 6
On page 3, line 21, strike out "30" and insert:
"90".
(Committee action: delayed action.)
II. COUNTY SUPERVISORS ASSOCIATION OF CALIFORNIA 1959
POLICY ON PROPOSED CONSTITUTIONAL AMENDMENT
CONCERNING WATER PROBLEMS IN CALIFORNIA
Whereas, It is generally recognized that a constitutional amendment
will be employed to establish a state policy and continuing responsi-
bilit^v for stabilization and timely development of the water resources
in California; and
Whereas, The water requirements of all areas of the state must be
met as the need arises; and
AVhereas, Contracts for water must not be subject to impairment by
legislative act ; and
Whereas, A continuous flow of funds must be made available for the
acciuisition, construction and/or operation of authorized projects for
the development, conservation and/or utilization of water resources;
and
REPORT ON WATER RESOURCES DEVELOPMENT PROBLEMS 27
Whereas, Additional details should be established in law, by statute,
thus maintaining a necessary degree oi' flexibility; now, therefore, be it
Resolved, that the County Supervisors Association of California re-
affirms the above principles and urges the Joint Legislative Water
Resources Development Problems Committee to submit a proposed con-
stitutional amendment concerning water problems to the 1959 session
of the Legislature for its consideration.
Certified to be a resolution adopted by the Board
of Directors of the County Supervisors Associa-
tion of California meeting in Sacramento, Cali-
fornia, December 19, 1958
(Signed)
/s/ Wm. R. MacDougall
General Counsel and Manager
III. PROPOSED AMENDMENT TO FIFTH PRELIMINARY
TENTATIVE WORK COPY DATED 11/13/58,
WALLACE HOWLAND, Assistant Attorney General
(Poge and Line References Are to Committee Print of December 8, 1958)
Page 1, lines 23-27: First new paragraph is amended to read :
Ne contract between tfee ^tete aed a public ^¥ other agency
iev- delivery ei? w«4ei^ e^^ eleet^ie ertev^ made available bv a«^
Btatc project shall be siithjcct to 4ittpa;i¥mcnt b¥ aet ef tl%e
The provisions of Article I, Section 16, of this Constitution,
prohibiting the impairment of the obligation of contracts, shall
apply to all contracts made hy the State with any person or
agency, public or private, for the delivery of water or electric
energy made availaMe hy any state project. The State may
sue and be sued with respect to any such contract.
Explanation :
Existing provisions of both state and federal constitutions prohibit
the passage of any law impairing the obligation of a contract. The
courts have said that the language of the existing provisions do not
prevent the State from altering contractual or property rights acquired
by a municipal corporation from the State for governmental purposes,
including water rights {Mallon v. Long Beach, 44 Cal. 2d 199, 209, and
authorities there cited; see Trenton v. New Jersey, 262 U. S. 182, 188,
191-192).
The most direct and effective way of overruling these judicial inter-
pretations of the existing constitutional provisions is to say, in so
many words, that the existing provision shall apply to state water
contracts.
(Committee action: adopted.)
Page 1, line 18, is amended to read :
development, of water needed to satisfy the reasonable future
requirements
28 REPORT ON WATER RESOURCES DEVELOPMENT PROBLEMS
Explanation :
The present language is ambiguous. Absent any word indicating that
the policy relates to "future" or "ultimate" requirements, the present
language can be construed as being nothing more than a guarantee
of presently vested rights or, at most, of water needed to satisfy present
requirements. The 1957 proposals such as SCA 1 and 44, and ACA 38,
68, etc., all use the words "reasonable ultimate requirements".
(Committee action: delayed action.)
Page 2, line 9, is amended to read :
calendar fiscal year, over and above the cost of administra-
tion of
Explanation :
Since state records are normally kept on a fiscal year basis, the
amendment will obviate the additional bookkeeping which will be re-
quired to determine oil and gas revenues in terms of calendar years.
(Committee action: adopted.)
Pag-e 2, lines 11-15, are amended to read :
(b) ¥he total revenues over ^tbe eest ei operation 8^4 main-
tonanco asd the scheduled payment e# tfee principal ae4 m-
tcrcijt e** a«y bonds issued pursuant to this section e¥ m the
e«se el a joint- project,- tlie portion e4 such revcnuoG to which
the State is entitled ;
All revenues received hy the State from the sale or furnish-
ing of water, water poiver, and electrical energy, over the cost
of operation and maintenance thereby incurred hy the State,
and after payment of the principal and interest on any honds
issued pursuant to this section;
Explanation :
The present language does not specify what state revenues are in-
volved. Neither is there any specification of the state activity whose
"cost of operation and maintenance" is referred to. The proposed
amendment clarifies the meaning. Moreover, it is equally applicable
to projects which are either wholly owned by the State or jointly
owned by the State and some other entity.
(Committee action: adopted.)
Page 2, lines 29-30, are amended to read :
house of the Legislature voting in favor thereof, is authorized
to iss«e ))iay authorise the issue of general obligation bonds in
such amounts and at such
Explanation :
Tlie amendment will produce a more accurate statement of the actual
function of the Legislature.
(Committee action: adopted.)
Page 2, line 51, is amended to read :
fornia Water Fund is hereby appropriated for expenditure by
the
REPORT ON WATER RESOURCES DEVELOPMENT PROBLEMS 2'J
Explanation :
The amendment makes more explicit the purpose of this sentence,
which is to provide for constitutional appropriation, rather than ]o*;is-
lative authorization, of the expenditure of moneys deposited in the
fund.
(Committee action: adopted.)
Page 3, line 6, is amended to read :
in favor thereof, may limit the funds to be expended during
any fiscal year on a
Explanation :
The amendment makes clear the intent that, in any given year, the
Legislature has a veto power over the expenditure of funds during tlie
ensuing fiscal year to be spent on a specified project or unit thereof.
In the absence of such clarification the existing language would seem
to mean that the Legislature could only control, by its veto power, the
total funds to be expended in the construction of a given project or
unit, regardless of the time required for construction.
(Committee action: adopted.)
Page 3, line 22, is amended to read :
ment. Authorization e^ ft A project which the authorization for
which has been so proposed
Explanation :
The amendment will clarify technical deficiences in the existing
language which have resulted in an ungrammatical sentence.
(Committee action: adopted.)
IV. STATEMENT, IRRIGATION DISTRICTS ASSOCIATION OF CALIFORNIA
Irrigation Districts Association of California
San Francisco 3, California
Statement of Robert T. Durbrow before the Joint Water Resources Development
Problems Committee in Sacramento on December 23, 1958
iSpeaJiCr Lincoln and incnihers of the committee:
When this committee was created, it was our guess that it would
fail to accomplish its mission of agreement upon a water constitutional
amendment both because of the complexity of the problems which
were being proposed for consideration in constitutional amendments
and because the membership of the committee seemed to emphasize the
e'eavages existing in the Legislature which had resulted in little or no
action on water development at i)rior sessions. This is a case in which
I will be delighted if 1 was wron^', and I sincerely hope that that may
be the case !
This committee is to be congratulated upon its continuing efforts, and
those of its drafting subcommittee, to reach a solution to the constitu-
tional amendment problem with many meetings, a lot of hard work
and, we understand, some give and take.
30 REPORT ON WATER RESOURCES DEVELOPMENT PROBLEMS
The "Proposed Constitutional Amendment Concerning; Water Prob-
lems" which has been published as a committee print is commendable
for its brevity, for its elimination of all but the primary issues which
should be resolved by constitutional amendment, and for its recognition
that the details of planning, policy, financing and repayment should
be matters to be managed by the Department of Water Resources
within a framework set out by the Legislature.
The proposed constitutional amendment coincides with adopted
policy of the Irrigation Districts Association of California in four of
its most important provisions. These are :
1. That it is necessary for the State to assume a continuing responsi-
bility for assuring timely and economical development of the
water resources of the State.
2. That no contract between the State and a public or private agency
for water or power shall be subject to impairment by an act of the
Legislature.
3. That, in any state project, areas of water origin generally shall
be protected to the extent that the water from such areas will be
needed for future development.
4. That a water development fund shall be created.
Two additional major provisions of the proposed constitutional
amendment are not specifically covered by association policy. They are :
1. Authorization of projects by the Department of Water Resources
with a method of veto by the Legislature, and
2. Automatic availability of appropriations for authorized projects.
We wish to reserve our judgment on these two points until there has
been an opportunity to discuss them in detail before our policymaking
committees, and we should have approval or specific amendments to
offer early in the coming legislative session.
It is the recommendation of the Irrigation Districts Association of
California that the "proposed constitutional amendment" considered
by your committee on December 8tli, with any amendments agreed
upon at this hearing, be introduced as early as possible in the 1959
Session of the Legislature for careful study by all members of the
Legislature.
We believe yours is one of the most constructive proposals that has
been made to solve the water development dilemma, and, in view of
the difficulties faced at the outset by the committee, we believe they
have done an outstanding job. We pledge you our support in obtaining
acceptance of the reasoning which has resulted in the document you
have produced and trust that your efforts may provide the spark which
will kindle a real fire under the brewing kettle of water development
policy and needed water projects.
f
REPORT ON WATER RESOURCES DEVELOPMENT PROBLEMS 31
V. PROPOSED TECHNICAL AMENDMENTS BY JOINT WATER
RESOURCES DEVELOPMENT PROBLEMS COMMITTEE
AMENDMENT NO. 1
On page 1, line 2, of the Proposed Constitutional Amendment C^on-
cerning Water Problems, after "California," insert: "at its 1959
Regular Session, commencing on the fifth day of January, 1959,".
( Connnittee action : adopted. )
AMENDMENT NO. 2
On page 2, line 48, strike out "the members thereof" and insert:
"all members elected to each house".
(Committee action : adopted.)
AMENDMENT NO. 3
On page 3, line 5, strike out "thereof".
(Committee action : adopted.)
AMENDMENT NO. 4
On page 3, line 19, strike out "policy" and insert: "policies".
(Committee action: adopted.)
VI. STATEMENT, METROPOLITAN WATER DISTRICT OF
SOUTHERN CALIFORNIA
THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
Los Angeles 13, California, December 15, 1958
Office of
Board of Directors
Joseph .Jeusen, Chairman
Warren W. Butler, Vice Chairman
Fred A. Heilborn, Secretary
Honorable L. H. Lincoln, Chairman
Joint Water Resources Development
Problems Committee
California State Legislature, Sacramento, California
Dear Sir : This is in response to the invitation of your committee to
suggest amendments to the reprint of the proposed constitutional
amendment considered by your committee on December 8th, and to be
further considered by your committee on December 23d.
It is noted that j^ou wish a response to your invitation to be in the
hands of the committee by December 16, 1958. Shortness of time does
not permit the district to consider and prepare specific line-by-line
amendments. However, there are several basic provisions in the pro-
posed amendment which are at variance with principles and policies
heretofore endorsed by the district's board of directors.
Taking into account these principles and policies, we respectfully
offer the following comments :
32 REPORT ON WATER RESOURCES DEVELOPMENT PROBLEMS
1. The district does not endorse the proposal (as set forth on page 4
of tlie fifth preliminary tentative Avork copy) that a project shall be
deemed to be authorized on the thirty-first day after the Department of
Water Resources has proposed its authorization to the Legislature un-
less, before that date the Legislature, by concurrent resolution, rejects
the proposal. It is respectfully snhmitted that an affirmative vote of a
7najority of the menibersliip of each house in the Legislature he required
to authorize a proposed project.
2. The district shares with others the criticism voiced at the Decem-
ber 8th meeting of your committee that it is not sound practice to
authorize the Legislature to issue bonds up to a total of 500 million
dollars at any one time, and recurrently without subsequent approval
of the voters. It is believed that bonds should be voted in a specific
amount for specific projects, and that when such bond issues are ex-
hausted the Legislature be required to submit to the people for their
approval whatever further bond issue is deemed to be necessary. (This
procedure is the one that has long been followed in meeting such re-
current bond needs as those of the Veterans' Home and Farm Purchase
Program.)
3. There is no provision in the draft for the State to enter into con-
tracts for permanent service of water from a state water project on a
basis precluding the withholding or recapture of water which the State
shall have contracted to deliver. Such a provision is believed to be essen-
iial.
4. There is no requirement in this draft that before embarking upon
a state project there be assurance of ability to finance that project to
completion ; the provisions for issuance of bonds do not furnish such
neecled assurance. It is believed that such an assurance should be pro-
vided.
5. There is no requirement in this draft that each state water project
be engineeringly, economically, and financially feasible. And there is no
provision that the users of water from the project be required to repay
its reimbursable capital costs, without the potential obligation to pay
as water users of that project the capital costs of other state projects
from which they would receive no benefits as water users. It is believed
that such a requirement and such protection for project water users
should be provided.
6. There are other provisions in this draft Avhicli are believed to be
not adequate to provide a sound basis for a statewide water develop-
ment program, to be administered by the State Government and to be
underwritten by the taxpayers of the State. The provisions for ex-
penditure of moneys in the California Water Fund without affirmative
action by the Legislature are especially significant in this regard.
Your invitation to the district to suggest amendments to the draft
of a constitutional amendment under the consideration of your com-
mittee is appreciated, and it is regretted that the positive recommenda-
tions above set forth are not presented in the formal language of
amendments to the bill. The district will always be available and hopes
to be of assistance in future consideration of legislation in this general
field.
Very truly yours,
(Signed) Joseph Jensen, Chairman
REPORT ON WATER RESOURCES DEVELOPMENT PROBLEMS 33
VII. PROPOSED AMENDMENTS AND STATEMENT, MOUNTAIN
COUNTIES WATER RESOURCES ASSOCIATION
MOUNTAIN COUNTIES WATER
RESOURCES ASSOCIATION
Sacramento 14, California, December 15, 1958
To: The Honorable L. H. Lincoln, Chairman, and the Honorable
Legislative Members of the "18-Man Water Committee":
From : Mountain Counties Water Resources Associaiton.
Subject: Proposed constitutional amendment considered by the "18-
3Ian" Committee at Sacramento on December 8, 1958.
(1) We appreciate the invitation from your committee to submit sug-
gested revisions of your proposed constitutional amendment on
water. AVe respectfully submit herewith for your consideration the
proposed amendment as amended by us.
(2) We agree with certain contentions of your own committeemen that
a constitutional amendment is not necessary in order to accomplish
water development in California. Some of the most ardent advo-
cates of a constitutional amendment in the past two years have
expressed to us their present opinions: that it could have been
disastrous to have adopted such an amendment while the whole
water matter was in an embryonic stage.
(3) We urge, therefore, that for an experimental period of six years
(or other arbitrary time) that statutory legislation be enacted
governing water development in California before a constitutional
amendment is referred by the Legislature to the people of Cali-
fornia.
(4) We agree further with contentions made at .vour Dec ember 8th
meeting pertaining to the abrogation of authority by the State
Legislature. It is our contention, and we think that of the people
of this State, that their elected representatives should be responsi-
ble for water development, rather than any bureaucratic agency
to VN-hom the Legislature might delegate its authority.
(5) Democracy is being undermined by executive edicts, bureaucratic
policymaking, and other types of legislative abrogation of re-
sponsibility at all levels of government, and flagrant examples of
this exist in our own State of California. We think it is time to
call a halt to this and return to direct legislative control, both at
the federal and state levels, with the balances of power in two
houses, as provided in their respective constitutions.
(Signed) H. E. Spoor, Executive Director, by direction.
34 REPORT ON WATER RESOURCES DEVELOPMENT PROBLEMS
PROPOSED CONSTITUTIONAL AMENDMENT CONCERNING WATER PROBLEMS, CON-
SIDERED BY JOINT WATER RESOURCES DEVELOPMENT PROBLEMS COMMITTEE
ON DECEMBER 8, 1958, AT SACRAMENTO os (first) revised by the Moun-
tain Counties Water Resources Association December 10, 1958,
and revised (second) on December 17, 1958, by the Eoard of
Directors of Mountain Counties Water Resources Associ-
ation at Sacramento.
Assembly Constitutional Amendment No.
A resolution to propose to the people of the State of California
an amendment to the Constitution of the State, hy adding
Section 5 to Article XIV thereof, relating to water.
1 Resolved by the Assembly, the Senate concurring, That the
2 Legislature of the State of California, two-thirds of the mem-
3 bers elected to each of the two houses voting in favor thereof,
4 hereby proposes to the people of the State of California that
5 the Constitution of the State be amended by adding Section 5
6 to Article XIV thereof, to read :
7 Sec. 5. It is hereby declared that because of conditions
8 prevailing in this State it is necesary for the State to assume
9 a continuing responsibility for assuring the timely and eco-
10 nomic development of the water resources of the State. The
11 State shall discharge this responsibility in co-ordination with
12 activities of private enterprise, local public agencies and the
13 Federal Government and may co-operate with those entities to
14 that end.
15 In the development of the water resources of this State, no
16 area or watershed of origin shall be deprived, by reason of such
17 development, of water or power needed to satisfy the ultimate
18 requirements of such area, and it shall be a continuing re-
19 sponsibilitj' of the State to provide facilities for the develop-
20 ment, conservation and utilization of water resources and
21 thereby make water available to meet the beneficial use of all
22 areas of this State.
23 Any contract between the State and a public or other agency
24 for delivery of water or electric energy made available by any
25 state project shall be subject to approval by the Legislature.
26 The State may sue and be sued with respect to any such
27 contract.
28 The California Water Fund is created as a special fund in
29 the State Treasury, the moneys, securities, and increment of
30 which shall be held by the State Treasurer for expenditure as
31 provided in this section.
32 There shall be deposited in the California Water Fund :
33 (a) All revenues received by the State from the extraction
34 of oil and gas from tide and submerged lands and state public
35 lands in excess of fifteen million dollars ($15,000,000) in
36 each calendar year, over and above the cost of administration
37 of all such lands and any refunds authorized by law;
REPORT ON WATER RESOURCES DEVELOPMENT PHOULEMS .'55
1 (b) The total revenues over the cost of operation and niain-
2 tenance and payment of the principal and interest on any
3 bonds issued pursuant to this section or in the case of a joint
4 project, the portion of such revenues to which the State is
5 entitled ;
6 (c) Two million five hundred thousand dollars ($2,5()U,00())
7 each month from the first revenues received in the General
8 Fund after the setting apart of the moneys required to be
9 applied by the State to the support of the Public School Sys-
10 tem and state university plus any moneys required for the
11 payment of principal and interest on any state bond obliga-
12 tions ;
13 (d) The proceeds of the sale of any general obligation slate
14 bonds issued to provide funds for water resource develop-
15 ment. Notwithstanding the provisions of Section 1 of Article
16 XVI, the Legislature, upon a two-thirds vote of all members
17 elected to each house of the Legislature voting in favor thereof,
18 is authorized to issue general obligation bonds in such amounts
19 and at such times as may be needed to facilitate the construc-
20 tion of state w^ater projects. The total amount of all general
21 obligation bonds so authorized under this section by the Legis-
22 lature shall not exceed, outstanding at any one time, five hun-
23 dred million dollars ($500,000,000) ;
24 (e) All money in the investment fund on the date this
25 section is passed by the Legislature for referral to the Cali-
26 fornia Electorate.
27 (f ) Any other funds made available solely for the purpose
28 of the California Water Fund by taxation, appropriation,
29 gift, or any other means.
30 Any money in the California Water Fund may be expended
31 solely for studies and surveys, construction, operation or
32 maintenance of water resources development projects. The
33 Legislature, by a vote of two-thirds of the members thereof,
34 may appropriate money in the California AVater Fund for
35 studies and surveys of water resources development projects *
36 and for the construction and operation of any water projects
37 to be developed either by the State or in co-operation with the
38 State, in any manner approved by the Legislature, and with
39 any entity, M'hether public, private or federal.*
40 Notwithstanding any other provision of this section the
41 amounts required to be deposited in the fund under subdivi-
42 sions (a) or (c) above may be appropriated by the Legisla-
43 ture, by a vote of three-fourths of the members elected to
44 each house, for any state purpose other than those stated in
45 this section. Such appropriations shall not be for more than
46 one fiscal year, and any money so appropriated which is not
47 expended or encumbered within the one-year period for which
48 appropriated shall revert to the California Water Fund.
49 The money in the California Water Fund may be invested
50 and reinvested as may be provided by the Legishiture, and
• Committee action : Assemblyman Francis Lindsay moved adoption of the wording
between the asterisks in Section (f). Committee action was delayed.
36 REPORT ON WATER RESOURCES DEVELOPMENT PROBLEMS
1 any interest accruing or other increment derived from invest-
2 ments shall be deposited in the fund and shall be available
3 for expenditure as provided in this section.
4 This section shall be self -executing, and the Legislature may
5 also enact laws in furtherance of the policies contained in
6 this section.
7 As used in this section, "Department of Water Resources"
8 means the Department of "Water Resources created by Chap-
9 ter 52 of the 1956 First Extraordinary Session, or any suc-
10 cessor to said department established by law to formulate
11 plans and to acquire or construct facilities for the develop-
12 ment of the water resources of the State.
printed in California state printing office
L,-3912 3-59 IM
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