OFFICE OF THE BOARD OF DIRECTORS

Mattachine Society, Inc

POST OFFICE BOX 1925

1925

MAIN POST OFFICE

Publications Director Hattaching Society, Inc. Post Office Box 259

San Francisco 1, Calif.

Dear Sir:

LOS ANGELES ST, CALIFORNIA

Jamary 1, 1955

It has been almost two years since the Mattachine Society was organised (from the former Foundation). During this brief period, ideas about the organization and its members have come along much faster than the membership itself. Many of these ideas have been completely false and have led to additional barriers to be overcome. This has distracted from the princi-

ples upon winch Mattachine was founded--research and education of the sex-variant himself and of society at large.

We parnestly hope that the MATTACHINE REVIEW will go a long way toward giving readers the true facts of the Mattachine Society and the place of the sex variant in the life of the command ty, Progress is being made in bringing to light the causes and reasons involved in the everyday realities of a variant's life-adjustment to his responsibilities as a citisen and his emotional security.'

The truth--good or bad-will be the policy of the REVIEW in helping to make everyone cognisant of the facts. In printing the truth we will not strive for sensationalism but rather maintain an intelligent and rational approach on a very notional subject. We believe that actions speak louder than \words":"we must all act in the public interest at all times and in all places. By enabling people to read the truth ooncerning the sex variant, it is our desire to serve them by noting in the public interest.

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You, your staff, and the many others who have had a part in this project of the Mattachine Society have had an almost Insurmountable task at times, and your worries have only begun with this first issue. But all of you can take some consolation in the sincere gratitude of the numbers of the Society for the success of a vision that will grow and accomplish the noble ideals upon which Hattachine was founded. Congratulations on a job well done!

ON OUR COVER:

Fraternally yours,

CHAIRMAN

Board of Directors

Taken from a letter written by Jefförson in 181d to Samuel Korchoval

and engraved in stone at the Jefferson Memorial, Washington, D. C. ·

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a criticism of the

California statute

by Henry Silver ·

CERTAIN STATEMENTS in the ts purpose was to restrict the free. dom of movement of the lower classes in a feudal society. In later statutes of this type various common law offenses against morals and decency were incorporated on the theory that they are frequently committed by vagrants. 2

•majority opinion and the full weight of the dissenting opinion of the case Edelman v. California (344 U. S. 357), indicate that the Supreme Court of the United States may hold section 647 (5) of the California Penal Code invalid if the issue of constitutionality is reasonably presented. Doubts have been expressed with regard to the statute in the past; but the California State courts have consistently upheld its validity. Before an attempt is made to analyze the recent pronounce ments of the Supreme Court, the history and interpretation of the statute will be traced from a critical viewpoint.

The History of the Statute Vagrancy defined as a person's roaming from place to place with out useful purpose was not originally a common law offense. It is based on English enactments dating back: to the Statute of Labourers in 1349.

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About This Article

Attorney Henry Silver of Los Angeles is a prominent member of the Bar of that city. The article published here with the special permission of the writer, first appeared in the Los Angeles Daily Journal, legal newspaper. Extensive research went into the preparation of this work, because the author views the operation of the California statute as a threat, to civil liberties of all persons, Similar statutes are in force in most states.

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These were classified in three catagories: the "idle and disorderly," "rogues and vagabonds" and "incorrigible vagabonds:" Vagrants were grievously whipped and their right ear was burned with a hot iron; those found to be incorrigible were sentenced to death without the benefit of clergy.

The legislatures of the several States enacted vagrancy laws which follow the historical pattern but are sufficiently diversified as not to permit a common statement of their validity. under the federal Constitution.

Interpretation of the Statutes

Here we are only concerned with subsection 5 of Sec. 647 of the Cali fornia Penal Code which reads as follows: "Every idle, or lewd, or dissolute person or associate of 'known thieves... is à vagrant and is punishable by a fine of not exceeding five hundred dollars, or by imprisonment in the county jail not ex. ceeding six months, or by both such fine and imprisonment." The lang.

1. Aubry W. Grossman_in ''Who is a vágrant in California." 23 California Law Review 106.

2. Kenny: Outlines of Criminal Law, Page 337. .3. Edward Abbot Parry: Vagabonds All.