Schuyten

The appeals of John Schuyten and Inez G. Schuyten, though presented on separate records, were consolidated in this court and both appeals present identical questions of law. Appellant John Schuyten was a certificated employee of Contra Costa Junior College District, employed as a teacher by the district from 1950 to the date of his discharge. Appellant Inez G. Schuyten was similarly employed as a teacher by Richmond Union High School District from 1949 until her discharge.

On May 8, 1954, both appellants appeared before a one-man subcommittee of the Fact Finding Committe of the California Senate on Un-American Activities. They had been given less than 24 hours notice to appear for this hearing and requested a continuance to enable them to consult with their attorney and to be represented by him in their interrogation by the subcommittee. This request was denied and the interrogation proceeded under a stipulation by which, as found by the trial court, as to any question which either refused to answer, such "defendant refused to answer said questions on the basis of all legal and constitutional rights, both State and Federal, available to the defendant, including,…

The appeals of John Schuyten and Inez G. Schuyten, though presented on separate records, were consolidated in this court and both appeals present identical questions of law. Appellant John Schuyten was a certificated employee of Contra Costa Junior College District, employed as a teacher by the district from 1950 to the date of his discharge. Appellant Inez G. Schuyten was similarly employed as a teacher by Richmond Union High School District from 1949 until her discharge.

' On May 8, 1954, both appellants appeared before a one-man subcommittee of the Fact Finding Committe of the California Senate on Un-American Activities. They had been given less than 24 hours notice to appear for this hearing and requested a continuance to enable them to consult with their attorney and to be represented by him in their interrogation by the subcommittee. This request was denied and the interrogation proceeded under a stipulation by which, as found by the trial court, as to any question which either refused to answer, such “defendant refused to answer said questions on the basis of all legal and constitutional rights, both State and Federal, available to the defendant, including, specifically,…

I dissent.Here the superior court very properly concluded from the record that judgment be entered dismissing appellants as school teachers in our public school system.

Appellants, husband and wife, were school teachers in Contra Costa County. They appeared before a subcommittee of the California Senate Fact-Finding Committee on UnAmerican Activities in California. They were interrogated about past Communist Party membership and knowledge or connection with other organizations and persons. They refused to answer these questions.

On May 14, 1954, notices of intention to suspend and dismiss appellants as school teachers were served on them. Appellants demanded hearings and respondents instituted these actions in the Superior Court under Education Code, section 13529.

The specific testimony of appellants, cited in the charges filed against them, is as follows:

The testimony of appellant Inez Schuyten cited in the charges filed against her involved questions about her knowledge of or affiliation with the California Labor School, the Tom Payne Club of the Communist Party and the Joint AntiFacist Refugee Committee. She was asked if she attended meetings of the Communist Party held…