REVIEW EDITOR: I had business in the city hall one day and found a small paper stuck behind the edge of a mirror in the building. It was handwritten and asked the finder to write for the magazine doing good work for homosexuals..I have but little money, but do have a bit of influence.. (and).. would like to lend a helping hand. Mr. L. C. C., Michigan

REVIEW EDITOR: I am enclosing $2 for which send me 8 copies of MATTACHINE SOCIETY TODAY as I wish to distribute these among prominent citizens who are concerned about this problem ...and...who wish to learn more about what is being done on a high level. Your organization meets all the requirements.Mr. F. M. R., New York

REVIEW EDITOR: Frightened people want alcohol and homesexuality banned because there is danger in "them there things."... Frightened people forget that humans can cull dangerous effects and gain harmless and helpful effects. They should be taught to remember it, I guess... Democracy should mean freedom for the neutral versions of all types of human behaviorism...(homosexuality being neutral or harmless), not for just good versions. Prohibition failed as it banned widespread consumption of alcohol. This is one of my reasons for believing that eventually out-moded sex laws will be set aside also.Mr. N. B., Ontario, Canada REVIEW EDITOR: I appreciate very much your feature, "Faces Behind the Names." Such a spread accomplishes much to create intimacy and identification between readers and the magazine. The members of your staff are to be heartily congratulated on submitting their photos and short biogs to public scrutiny. They manifest commendable courage. Best wishes for your continual success. Mr. V. S., British Columbia, Canada

REVIEW EDITOR: I know you are aware of the great appreciation that American homophiles hold for you who have undertaken to educate the oppressors and help the oppressed at, probably, a great risk to your own reputations. I only want to add my bit of commendations to the great amount you must already have received. Due to your efforts, and those of others who "discard the mask" I feel that conditions are already getting better, and will continue to do so...Mr. P. F., New York

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mattachine REVIEW

A significant stride in curtalling the hardship wrought by California's sex regis tration law was made in that state recently when a court opinion was rendered which declared that failure of a registered offender on probation to notify auth. orities of a change of address was no longer a criminal offense. The following Is the complete opinion as published in a legal newspaper, THE RECORDER, In San Francisco recently. It deserves careful and thoughtful reading by all.

Sex Offender, Granted Probation, Can't Be Tried For Subsequent Failure To Register Address Change, Court Rules

A sex offender who has qualified for probation and has been released from "all penalties and disabilities" as provided by the Penal Code, cannot be tried for a public offense if he fails to register a change of address.

So the State District Court of Appeal holds in an opinion on file here The opinion was written by Justice Fred B. Wood, with Presiding Justice Raymond E. Peters and Justice A F. Bray concurring.

The opinion, which granted a peremptory writ of prohibition, is directly opposite to findings of the Attorney General's office, which held that it is mandatory for probationers convicted of sex offenses to register under the provisions of

Section 290 of the Penal Code, even a complaint that charges a violaafter their reports have been tion of section 290 of the Penal cleared through application of Code (failure to report a change provisions of Section 1203.4, Penal of address) despite the fact that Code. prior to this alleged failure the conviction (violation of section 288a, Penal Code) upon which the section 290 charge is based was set aside and petitioner "released from all penalties and disabilities" pursuant to the provisions of section 1203.4 of the Penal Code?

The Appeal Court pointed out, however, that the "release obviously operates prospectively, not retroactively. It does not necessarily revoke or expunge the record of first registration or registrations that took place during the probationary period."

re-

Attorney Kenneth C. Zwerin successfully argued the appeal. The first installment of Justice Wood's opinion follows:

Ralph T. Kelly, Petitioner, vs. the Municipal Court of the City and County of San Francisco, Respondent.

Question: Does the respondent court'have jurisdiction to proceed with the trial of petitioner upon

In such a state of facts does such a complaint charge the violation of a public offense? Are the registration requirements of section 290 among the "all penalties and disabilities" from which the convicted person is thereafter "released" when, having been granted probation, he fulfills the conditions thereof, as provided in section. 1203.4? We think they are, and that the complaint does not charge the violation of a public offense.