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CIVIL LIBERTIES DOCKET
Vol. X, No. 1
November, 1964
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The DOCKET is published three times each year, October to July.
OSMOND K. FRAENKEL, Chairman of DOCKET Board
ANN FAGAN GINGER, Editor
MICHAEL TIGAR, Assistant Editor

I. FREEDOM OF EXPRESSION AND ASSOCIATION (FIRST AMENDMENT LIBERTIES) (0-299)

MATERIAL ON U.S. SUPREME COURT:

Law review articles:

Hugo L. Black, William O. Douglas, 73 Yale 915-16.

Abe Fortas, Mr. Justice Douglas, 73 Yale 917-19.

Eugene Gressman, Much ado about certiorari, 52 Georgetown 742-66.

GENERAL CONSTITUTIONAL MATERIAL:

Book: Fred J. Cook, The FBI Nobody Knows, Macmillan 1964, $4.95.

Thomas Emerson and David Haber, Political and Civil Rights in the United States, 2d ed. 2 vols. 1958. Student ed. $12. Little Brown.

Howard Zinn, SNCC: The New Abolitionist. 1964. Beacon Press.

Edward D. Raiden, The Innocents. 1964. Wm. Morrow.

Symposium: A jurisprudential symposium in memory of Karl N. Llewellyn, 18 Rutgers 717-810.

Law review articles: Robert H. Birkby and Walter F. Murphy, Interest group conflict in the judicial arena: The First Amendment and group access to the courts, 42 Texas 1018-48.

Arthur L. Goodhart, Freedom of speech and freedom of the press, 1964 Washington U. 248-69.

Comments: The lawyer and the "unpopular cause," 16 Alabama 461-66.

Was it intended that the fourteenth amendment incorporate the Bill of Rights? 42 N. Carolina 925-36.

FREEDOM OF SPEECH, PRESS, ASSEMBLY (0-99)
See also Association (200-299)
10. Licensing
11. Of Meetings (see also 201)

11.17. Forbes v. Redondo Beach City Council (Los Angeles Co. Super. Ct., #833130) Def. denied American Nazi Party speaker use of public park for meeting. Super. Ct. issued preliminary injunction allowing Def. to hold meeting on posting $1,000 corporate bond and filing affidavit that speech would not tend to incite to riot. Dismissed.

A. L. Wirin, Esq., for ACLU of S. Calif., 257 S. Spring St., Los Angeles.

12. Of Motion Pictures (see also 52)
13. Of Peddlers

13.2. City of Indianola v. Defs. (Indianola, Miss.) (City Ct.) Oct. 22, 1963: 15, incl. 2 Yale students, in Aaron Henry Vote for Freedom drive, arrested: distributing leaflets without a permit. $50. bond posted. Trial date: March 1964.

Carsie Hall, Esq., 115½ N. Farish St., Jackson, Miss.

14. Of Books, Magazines (see also 52)

14.10. Haiman and Grove Press, Inc. v. Morris. (Ill. Sup. Ct., #37276.) Oct. 1961: 11 Ill. suburban police chiefs ordered book dealers to cease selling Miller's "Tropic of Cancer," seized some copies, threatened arrests for failure to act. Pl.-philosophy prof. and Pl.-housewife sued, charging conspiracy by Defs. against exercise of First Amendment rights. Feb. 21, 1962: Cook Co. Super. Ct. granted Pls'. injunction, stated its conviction of the "inherent constitutional rights and privileges of the reading public of our community"; found (1) "Tropic of Cancer" not obscene but a serious work of art; (2) police chiefs acted unlawfully in interfering with distribution of book before adjudication. On Def.-Chicago police supt's. appeal to App. Ct., Pl's. motion to transfer to Ill. Sup. Ct. granted. Ill. Sup. Ct. found no fairly debatable constitutional questions, transferred to Ill. App. Ct. for decision on whether book obscene. Sup. Ct., on rehearing, sustained lower court finding, restrained police interference with distribution.

Elmer Gertz, Esq., 120 S. LaSalle, Chicago, intervenor for publisher and author.

Joel J. Sprayregen and Bernard Weisberg, Esqs., for Ill. Div., ACLU, 19 S. LaSalle St., Chicago.

And see 14.10a.

14.10a. Grove Press, Inc. and Henry Miller v. Morris. (ND Ill., E. Div., #61 C 1784.) Suit by Pl.-publisher and author of "Tropic of Cancer" under 28 U.S.C. 1331, 1343; 42 U.S.C. 1983, 1985, 1986, and Fourteenth Amendment, against Defs., individually as police chiefs, and for conspiring together to prevent persons from purchasing the book and Pls. from selling it. Dismissed by agreement to be bound by decision in 14.10.

Elmer Gertz, Esq., 120 S. LaSalle, Chicago.

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14.11. Grove Press, Inc. v. Calissi, Bergen Co. Pros. (U.S.S.C.) Oct. 23, 1961: Pl.-publisher of "Tropic of Cancer" sued, alleging Defs. (prosecutor and police chiefs) conspired to deprive Pl. of First Amendment rights and due process, unreasonably seized Pl's. property; seeks temporary restraining order, under 42 U.S.C. 1983. DC denied injunction. 3-judge ct. held for Defs. Pl's. appeal pending in U.S.S.C.

Jerome C. Eisenberg, Esq., 744 Broad St., Newark.

14.15. Larkin v. G. P. Putnam's Sons. (N.Y. Ct. of App.) Corp. Counsel sought injunction against sale, distribution of "Fanny Hill", alleging book obscene. After trial, verdict for Def. App. Div. (3-2) reversed Sup. Ct. Apr. 1, 1964: Def's. appeal argued.

Charles Rembar, Esq., 521 Fifth Ave., N.Y.C.

15. Of Miscellaneous Activities

15.5. F.C.C. v. Palmetto Broadcasting Co., S.C. (CA DC.) (334 F.2d 534.) May 1960: F.C.C. notified Pl. that disc jockey on its station WDKD had broadcast vulgar material over 9-yr. period. Pl. discharged disc jockey. Mar. 1961: F.C.C. denied Pl. renewal of license. Mar. 1964: CA upheld F.C.C. on nonconstitutional ground. Oct. 12, 1964: U.S.S.C. denied cert.

Amicus appearance by ACLU, 156 5th Ave., NYC.

And see cases at 257.

15.6. City of Baltimore v. Moore, Henderson. (Crim. Ct.) 3 Defs. on peace walk from Canada to Cuba arrested: carrying walk into public park without permit. One Def. released on paying $10 fine; 3 Defs. refused to pay, jailed. Appeal pending.
15.7. Coleman v. City of Torrance, Calif. (Los Angeles Super. Ct.) Summer 1963: Following sit-ins and sit-outs at Don Wilson Builders', ordinance passed prohibiting persons being on streets surrounding Wilson tract between 7 p.m. and 7 a.m., weekends, prohibiting overnight weekend parking, forbidding real estate offices or model homes from remaining open overnight on weekends, except for residents, guests, public officers and newspapermen. Jy. 1963: Injunction suit filed challenging constitutionality of ordinance. Dismissed in connection with other proceedings.

A. L. Wirin and Fred Okrand, Esqs., for ACLU of S. Calif., 257 S. Spring St., Los Angeles.

And see 533.63 and 58.8, at IX DOCKET 6, 40.

15.8. Canon v. Justice Ct. (Calif. Sup. Ct.) (39 Cal. Rptr. 228.) 1962: Def. distributed anonymous letter in support of local political candidate. 1963: Def. prosecuted under Cal. Elections Code §12047 (misdemeanor to publish anonymous campaign material); prosecuting witness was opponent of Def's. candidate. Justice Ct. denied Def's. motion to dismiss. Super. Ct. denied petition for writ of prohibition. June 25, 1964: Calif. Sup. Ct. reversed: (1) statute does not unconstitutionally infringe free speech because, on balance, public is served by protection from anonymous writings personally attacking candidates in elections as provided by statute, but (2) statute unconstitutionally discriminates by requiring Calif. voters to identify themselves as publishers, but not others. Remanded for issuance of writ.

Ralph E. Kingston and Lynn Carman, Esqs., Placerville, Calif.

Amicus brief for ACLU of N. Calif. by George F. Duke, Michael L. Ohleyer and Marshall Krause, Esqs., San Francisco.

15.10. Goldwater v. F.C.C. (F.C.C.; CA DC; U.S.S.C., #636.) Oct. 1964: Pl.-Republican candidate for President petitioned F.C.C. for order that Pres. Johnson's report to nation on Vietnam was political broadcast, requiring networks to grant Pl. equal time. F.C.C. dismissed; CA DC affirmed. Oct. 28, 1964: U.S.S.C. denied cert.; Goldberg, J. (Black, J.), diss.: (1) free public discussion of major political issues requires Pl. be allowed to reply; (2) policy of Congress to require equal time in such situations is clear from 1934 Communications Act.
20. Administrative Restrictions
21. By U. S. Customs
22. By U. S. Postmaster

22.15. Heilberg v. Fixa. (ND Calif., #41660.) Suit for injunction against enforcement of 39 U.S.C. §4008 (detention of mail from certain countries as "communist political propaganda" and destruction of mail unless addressee indicates willingness to receive it.) 3-judge ct. denied motion for relief after U.S. Atty. personally delivered mail to Pl. Oct. 1963: DC denied Gov't's motion to dismiss as moot, referred case to 3-judge ct. Sept. 15, 1964: 3-judge ct. trial.

Marshall W. Krause and Coleman Blease, Esqs., for ACLU, 503 Market St., San Francisco.

22.16. Amlin v. Postmaster General. (SD Calif., #63-635-PH.) June 1963: Suit filed similar to Heilberg, 22.15. Feb. 13, 1964: Def's. motion to dismiss granted. No appeal.

A. L. Wirin and Fred Okrand, Esqs., 257 S. Spring St., Los Angeles.

22.17. McReynolds, Pappenheim v. Christenberry. (U.S.S.C.) Pl. sued for declaratory judgment, expunging Pls.' names from all records maintained in connection with censorship of alleged Communist propaganda, and injunction against delaying or processing mail deemed Communist propaganda under 39 U.S.C. §4008 (detention of mail from certain countries as "communist political propaganda" and destruction of mail unless addressee indicates willingness to receive it.) Supplemental complaint alleged second Pl. who ordered books by Engels, G. Thomson, and Anna Louise Strong from N.Y. bookseller, received card from postal officials asking whether he wished to receive "Communist political propaganda." Pl. requested further information of Def.; books delivered. Jy. 31, 1964: DC dismissed. Appeal to CA 2 pending. Petition for certiorari pending; issues: mootness and justiciability where books were delivered.

Nanette Dembitz and Melvin L. Wulf, Esqs., ACLU, 156 Fifth Ave., NYC.

22.18. Lamont d/b/a Basic Pamphlets v. Postmaster General. (U.S.S.C. #491.) (229 F.Supp. 913.) May 1964: Pl. sued for 3-judge ct. to enjoin enforcement of 39 U.S.C. §4008 as unconstitutional and to direct removal of his name from list of persons desiring to receive "communist political propaganda." DC denied Pl's. motion for summary judgment, granted Def's. motion to dismiss, held case moot because (1) Def. released mail to Pl. upon filing of action, (2) possibility of injury from listing of name only abstract, (3) Pl. has no standing to vindicate rights of others. Feinberg, J., diss.: Threatened disclosure sufficient for justiciability, release of mail does not render action moot. Appeal pending.

Rabinowitz and Boudin, Esqs., 30 East 42nd St., NYC.

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23. On Government Information and Secrecy
24. On Students and Professors (see also 223, 262, 281, 342, and 571)
Case note: Judicial review of tenure contract of professor in private college: Felch v. Findlay College, (3d. App. Jud. Dist. Ct. of App., #640; June 28, 1963) 25 Ohio St. 289-98.
24.25. Stanley v. Gary. (CA 5, #7199) (184 F.S. 388) Mar. 1960: several Negro students, protesting discrimination by milk co., refused to drink milk provided with school lunches; Def.-school principal expelled them. Students sued, charging violation under Civil Rights Act. May, 1960: DC expressed grave doubt as to fed'l. jurisdiction; denied motion for preliminary restraining order, held: Def's. action was exercise of discretion under state statute authorizing suspension or dismissal when necessary for schools' best interest; Pls. failed to exhaust administrative remedies. Aug. 27, 1962: DC dismissed for lack of prosecution by Pls.

Elliott D. Turnage, Esq., Darlington, S.C.

24.26. Ritter v. Matthews, Trs. (N. Texas State U.) (ED Tex., Sherman Div., #1525 Civ.) (9 RRLR 615) Aug. 30, 1962: Suit by Pl.-public school teacher against Def.-School Bd. testing discharge of Pl. for engaging in desegregation activities during nonwork time and off-campus, brought under 14th Amendment, 28 U.S.C. §1343(3) and (4), 42 U.S.C. §§1981, 1983. Apr. 22, 1964: DC held no violation of Pl's. rights; all relief denied.

George Schatzki, and Albert Levy, Esqs., 1601 Natl. Bankers Life Bldg.; Marvin Menaker, Esq., Fidelity Union Life Bldg.; Herbert Landau, Esq., all of Dallas.

24.27. Wilkinson and Schwartz v. Bd. of Trs., Ohio State Univ. (SD Ohio, E. Div., #6611) (377 U.S. 961) March 7, 1963: Pl. filed suit challenging University regulation under which he was denied right to speak on campus, sought 3-judge ct. Issues: right of Univ. (1) to bar guest speakers for their political beliefs or associations; (2) to require loyalty oath or disclaimer affidavit as prerequisite to speech; right of students to listen. Apr. 7, 1964: Pls. filed petition for writ of mandamus in U.S.S.C. to require DC to act on application for 3-judge ct. Apr. 10: DC denied 3-judge ct. June 8, 1964: U.S.S.C. denied motion for leave to file petition for mandamus (sub nom. Schwartz v. Underwood). Nov. 3, 1964: DC held for Def. Appeal pending.

Jack G. Day, Esq., 1738 Standard Bldg., Cleveland; John A. Childers, 40 S. 3rd St., Columbus.

24.30. Morial v. Orleans Parish School Bd. (ED La.) Pl.-Negro teacher seeking declaratory judgment on La. statute requiring dismissal of teachers who advocate racial integration, and injunctive relief against its enforcement. Pending.

NAACP Legal Defense & Educ. Fund, Inc., 10 Columbus Circle, NYC.

24.31. Finot v. Pasadena Bd. of Educ. (Los Angeles Super. Ct., #827326.) 1963: Pl.-teacher, fired for wearing beard, filed petition for writ of mandate to restore him to classroom. Super. Ct. denied. Appeal pending.

Rudman and Mosk, Esqs., 6290 Sunset, Los Angeles.

Amicus appearance by ACLU of S. Calif., Wirin and Okrand, Esqs., 257 S. Spring St., Los Angeles.

24.32. Woods v. Wright (Birmingham.) (CA 5) (334 F.2d 369) May 1963: 1,000 Negro pupils summarily dismissed from public schools for participating in demonstrations. Pl.-pupils sought injunction permitting them to complete school term. May 29: DC denied relief. May 29: CA 5 Chief Judge issued injunction pending appeal: "the orders of suspension were based on illegal arrests, known at the time of the order of suspension to be illegal" under Edwards v. S.C. (372 U.S. 229), Fields v. S.C. (372 U.S. 522), Shuttlesworth v. Birmingham (373 U.S. 262). Pupils completed term. Aug. 1964: CA reversed DC denial of preliminary relief, remanded with directions.

NAACP Legal Def. & Educ. Fund, Inc., 10 Columbus Cir., NYC.

24.35. Williams v. Sumter School District. (DC S.C.) 1963: Pl.-Negro teacher participated actively in local desegregation movement; entered her students in contest school officials thought should be only for whites; was dismissed by Def. Sept. 14, 1964: Pl. sued for reinstatement. Pending.

NAACP Legal Defense & Educ. Fund, Inc., 10 Columbus Cir., NYC.

25. On Miscellaneous Activities

25.11. Belshaw v. City of Berkeley (Alameda Co. Super. Ct.) Berkeley fireman wrote letter to local newspaper stating city officials "fooled" in voting pay increase to policemen; suspended for 30 days. Issue: freedom of expression for city employees. Bd. (3-1) sustained suspension. Feb. 1964: Pl. filed for writ of mandate in Super. Ct. to compel Def. to reinstate him. Demurrer to complaint overruled. Trial Dec. 17.

Marshall W. Krause, Esq., for ACLU, 503 Market St., San Francisco; Albert M. Bendich, Esq., 2890 Telegraph Ave., Berkeley.

25.12. Forstner v. Civil Service Comm. (ND Calif.) 1963: Pl.-Youth Guidance Officer suspended from duty for growing beard after starting work, refusing to shave; fired. Jan. 9, 1964: Def.-Bd. affirmed firing. Pl's. writ of mandate to compel reinstatement filed. May 15, 1964: Super. Ct., after hearing, ordered Pl. reinstated with full back pay: prohibition on beard-wearing is unjustified interference with Pl.'s personal life; Pl. to remain at work pending appeal. July 17, 1964: DCA reversed, held officials may keep Pl. off job pending appeal. Pending.

Marshall Krause, Esq., for ACLU, 503 Market St., San Francisco.

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30. Economic Restrictions (see also 251, 261, 268, 281)

30.1. Independent Productions Corp. and I.P.C. Distributors, Inc. v. Loew's, Inc., et al. (SD NY, Civ. #110-304.) 1956: Pls.-producers of movie "Salt of the Earth" (re strike of Mine, Mill Union, see 203.1) brought action against 62 producing, distributing, exhibiting and processing companies charging violation of U.S. anti-trust acts. Pls. allege Defs. blacklisted 3 persons engaged in production of movie and thus made it impossible to obtain adequate distribution. DC dismissed for Pls.' failure to produce Pls.' managing agent, Biberman, for deposition re his political beliefs and affiliations. Nov. 2, 1960: CA 2 reversed and remanded. Mar. 28, 1961: DC denied Defs'. motion to direct Biberman to answer questions as to which he claimed privilege; dismissed Pls'. motion for protective order; held it not fatal to charge of conspiracy to allege no contact between alleged conspirators since agreement can be tacit. Oct. 1964: Tried before jury; pending.

Ben Margolis, Esq., 3175 W. 6th, Los Angeles; Dickstein, Shapiro and Galligan, Esqs., 20 E. 46th St., NYC.

30.7. Young v. Motion Picture Assn. of America, Inc. (DC DC.) (299 F.2d 119, cert. den. 370 U.S. 922.) Dec. 30, 1960: 12 Pls., Hollywood writers and actors, filed complaint against 7 major movie producers, 2 distributors and 2 assns. seeking injunction, $7,500,000. damages. Issue: whether Defs. violated Sherman Anti-Trust Act, secs. 1 and 2, by conspiring to blacklist persons accused of past or present membership in Communist Party or other "subversive" organizations and refusal to answer questions before Congressional investigating comms. Appendix includes names of 81 writers and actors allegedly blacklisted. June 12, 1961: DC denied Pls. motion to strike Defs'. interrogatories re Pls. political associations and beliefs, tho Pls. said they would claim privilege against self-incrimination, denied motion for preliminary injunction. CA affirmed; U.S.S.C. denied certiorari. Discovery proceedings pending in DC.

Dickstein and Shapiro, Esqs., 1411 K St., NW, Washington, D.C.; Margolis and McTernan, Esqs., 3175 W. 6th St., and A. L. Wirin, Esq., 257 S. Spring St., of Los Angeles.

Amicus appearance by ACLU of S. Calif., 323 W. 5th St., Los Angeles.

30.13. Turn Toward Peace v. Al Molaikan Temple. (L.A. Muni. Ct., #908264.) 1962: Suit for breach of contract for refusal to permit Pl. to use auditorium. Issue: whether clause is void which provides owner can cancel contract on auditorium rented to the public, if it feels use of auditorium is incompatible with purposes of Def. Muni. Ct. overruled demurrer. New trial date: Jan. 4, 1965.

Richard W. Petherbridge, Esq., 2591 Riverside Terrace, and A. L. Wirin and Fred Okrand, Esqs., 257 S. Spring St., all of Los Angeles, for ACLU of S. Calif.

40. Contempt (see also 63)
41. Of Federal Courts

41.3. U.S. v. Barnett. (U.S.S.C., #107) (316 F.2d 236, 376 U.S. 681) Sept. 25, 1962: CA 5 issued temporary order restraining Def.-Governor from interfering with DC order to admit Meredith to U. of Miss. CA issued order to show cause why Gov. should not be cited for civil contempt for preventing registration. Sept. 28: CA 5 found Gov. guilty of contempt of its Sept. 25 order after failure to appear in response to show cause order; ordered Gov. committed to custody of U.S. Atty. Gen. and fined $10,000 per day unless before Oct. 2 he has shown full compliance with Ct. orders. Sept. 30: U.S. Pres. issued order directing all persons obstructing ct. orders re Meredith's admission to cease forthwith. Apr. 6, 1964: U.S.S.C. (5-4) answered CA 5 query: Def. not entitled to jury trial, Clark, J.: "It has always been the law of the land, both state and federal, that the courts—except where specifically precluded by statute—have the power to proceed summarily in contempt matters." But see note 12: "Some members of the Ct. are of the view that, without regard to the seriousness of the offense, punishment by summary trial without a jury would be constitutionally limited to that penalty provided for petty offenses." Goldberg, J. (Warren, C.J., Douglas, J.) diss.: Def. had statutory right to jury trial under 18 U.S.C. §3691 because DC was source of order, violation was criminal offense under 18 U.S.C. §1509, suit brought by Meredith, not U.S.; also had constitutional right, Art. III, §2, Sixth Amendment. Black, J. (Douglas, J.) diss.: "As I said in Green [365 U.S. 165, 193], I think that this doctrine that a judge has "inherent" power to make himself prosecutor, judge and jury seriously encroaches upon the constitutional right to trial by jury and should be repudiated." DC trial pending.
42. Of State Courts

42.12. Holt and Dawley v. Virginia. (U.S.S.C., #464) Pets., Negro members of Va. Bar, represented civil rights Defs. in libel suit. After trial, Judge issued order to show cause why attorneys should not be held in contempt for refusal to answer certain questions, denied motion to disqualify himself for bias, held Pets. in summary contempt before hearing on the order, solely because of contents of motion and oral argument of Pets. for change of venue. Va. Sup. Ct. of App. affirmed. Petition for cert. filed, alleging denial of due process, illegitimate use of summary contempt proceedings against lawyers in civil rights cases.

Melvin L. Wulf, and Leslie Harold Levinson, Esqs., ACLU, 156 Fifth Ave., NYC.

42.18. In re Will Harrison, New Mexico v. Morris. (N.M. Sup. Ct.) Nov. 12, 1963: Def. wrote column questioning lenient treatment given Asst. DA Morris convicted of involuntary manslaughter (DA, drunk, rammed another car, killed 5 persons, fined $1000 and probation), contrasted with treatment given Mexican-Def. in similar case: 1-5 yrs. Jan. 24, 1964: After 5 other columns by Def. on DA's case, DA's atty. moved in Dist. Ct. to have Def. found in criminal contempt. Mar. 27: Def. found guilty; 10 days. Appeal pending. Issues: (1) Def.'s publication did not interfere with pending trial; (2) can Dist. Ct., by retaining jurisdiction of case until probation period is up for review of sentence, prohibit comment on its actions during probation period?

W. B. Kelly, Esq., Gilbert, White & Gilbert, P. O. Box 787, Sante Fe, N.M.

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43. Of Other Agencies (see also 270s, 330s)
50. Criminal Sanctions
51. Against Disorderly Conduct and Similar Offenses (see also 55, 541, 542, 551, 552)

51.25. Rev. Cox v. Louisiana. (U.S.S.C., #24) (156 So.2d 448, p.j.n. 377 U.S. 921) Dec. 14, 1961: 22 students (Southern Univ.) arrested during anti-segregation demonstration. Dec. 15: Def.-minister led 1500 students in demonstration against arrests; 70 arrested. Charges against Cox: obstructing sidewalk, threatening to disrupt courts, failing to disperse crowd. Dec. 16: bond required: $1500 each; charges dropped against 5 Defs. Feb. 1, 1962: Def. tried, convicted; 1 yr., 5 mths., and 4 mths., consecutive, $7,500. Def. also charged with defaming DA and Judge during trial, see 51.25a. Fall 1963: La. Sup. Ct. denied rehearing. May 4, 1964: U.S.S.C. noted prob. juris. Issues: (1) is La. breach of peace statute void for vagueness; (2) do breach of peace and obstruction of sidewalk statutes, as applied, violate Def.'s First and Fourteenth Amendment rights; (3) was Def.-CORE officer denied due process and equal protection by being tried in segregated courtroom?

Johnie A. Jones, Esq., 530 So. 13th St. and Murphy W. Bell, Esq., 971 So. 13th St., Baton Rouge; Collins, Douglas, and Elie, Esqs., 2211 Dryades St., New Orleans.

And see Cox, 51.25a, 53.5.

51.25a. Louisiana v. Rev. Cox. (Baton Rouge.) (U.S.S.C., #49) (158 So.2d 172) (p.j.n. 377 U.S. 921) Facts: at 51.25. Oct. 1963: La. Sup. Ct. affirmed conviction for obstructing justice; 60-day stay of execution signed. May 4, 1964: U.S.S.C. noted prob. juris. To be argued after #735, 51.25.
51.27. South Carolina v. Randolph (Sumter.) (Sumter Co. Cir. Ct.) (121 So.2d 349) 26 Defs. charged with conspiring to breach the peace in connection with sit-in demonstrations. At trial, Defs. argued charge too vague to defend against; trial ct. overruled contention, convicted. Aug. 23, 1961: S.C. Sup. Ct. reversed and remanded for retrial, held charge too general, neither stating facts constituting the crime charged, nor pointing out any particular of the crime allegedly contemplated. Pending on retrial.
51.37. Mississippi v. Block. (Greenwood.) (Leflore Co. Ct.) 4 Negro businesses burned to ground one block from office of Student Nonviolent Coordinating Comm. Def.-SNCC field secy. arrested 2 days later; charge: making statements to incite breach of the peace by saying local racists meant to burn out SNCC. Bond: $1,000. Feb. 25, 1963: city Police Ct. convicted; $500. and 6 mths. Appeal pending.

Carsie A. Hall, Esq., 115½ N. Farish St., L. H. Rosenthal, Esq., Suite 1, 221 N. President St., both of Jackson, Miss.

51.41. New York v. 15 Defs. (Rochester Co. Ct.) 2 policemen investigating report that gun was seen at Black Muslim meeting allegedly attacked by 15 Muslims. Charges: rioting, 3d degree assault. After trial, hung jury. Defs. free on bond pending new trial. 1963: Defs. convicted; no appeal.

Harold G. Ashworth, Esq., 612 Wilder Bldg.; Louis J. Piccaretto, Esq., 45 Exchange St., both of Rochester, N.Y.

51.43. New York v. Blackmon, Beebe and Hicks. (Manhattan Crim. Ct.) Sept. 20, 1963: Demonstrating at UN during Pres. Kennedy's address, Defs. arrested: (1) striking plain-clothes officer, with newspaper; (2) disorderly conduct. Oct. 7, 16: After trial, acquitted on (2), convicted on (1): 30 days. Appeals pending.

Percy Sutton, Esq., 135 W. 125th St., and Hyman Dechter, Esq., NYC.

51.44. City of Plaquemine, La. v. Farmer. (Muni. Ct.) Aug. 19, 1963: 8 CORE Defs. marched to City Hall to demand establishment of city biracial comm., arrested: disturbing the peace, obstructing streets, inciting violence. Last charge dropped. Convicted; 60 days or $200. Appeals pending.

Collins, Douglas and Elie, Esqs., 2211 Dryades St., New Orleans.

51.45. Alabama v. 200 Defs. (Selma.) (Selma Recorder's Ct., Dallas Co. Ct.) Sept.-Oct. 1963: 200 persons (adult and juvenile) arrested during voter registration demonstrations. Charges: (1) parading without a permit, (2) unlawful assembly. 15 Defs. convicted of (1); appeal pending. 5 Defs. convicted of (2); 180 days, $100. fine, $1,000. peace bond. Oct. 1964: Trials continuing; convictions; appeals pending in Cir. Ct., Ct. of App.

Peter Hall, Esq., 1630 4th Ave. N., Birmingham; NAACP Legal Def. & Educ. Fund, 10 Columbus Circle, NYC.

See outcome of peace bond cases at 59.35; juvenile court cases at 56.12.

51.46. Louisiana v. I. S. Daniel and 85 Defs. (New Orleans.) (Crim. Ct., #183-246.) Sept. 21, 1963: Def.-Negro high school students arrested while demonstrating against discrimination by voter registration officials: disturbing the peace, boisterous language. Pending.

Nils R. Douglas, Esq., 2211 Dryades St., New Orleans.

Amicus appearance by: Ernest N. Morial, Esq., 1821 Orleans Ave.; Revius Ortique, Jr., Esq., 2140 St. Bernard Ave.; Alvin Jones, Esq., 503½ So. Rampart St.; Lawrence Wheeler, Freddie Warren, Augustine and Smith, Esqs., all of New Orleans.

51.49. Anderson v. City of Chester, Pa. (Delaware Co. Ct.; ED Pa., ##21764-21787.) Apr. 3, 1964: 500 Defs. in sitdown demonstration in front of police station in civil rights campaign arrested: unlawful assembly, affray, disorderly conduct, resisting arrest. April 4: At 3:00 A.M., Defs. convicted by Magistrate. April 5: After a series of technical objections, Magis. released Defs. on total of $130,000 bail. June 26: 24 removal petitions filed for all Defs. See 51.49 at 73 for removal procedures.

Report: Prof. Paul Bender, Police brutality in Chester. Phila. ACLU, 260 S. 15th St., Philadelphia.

51.50. Pennsylvania v. Dotort. (Ct. of Quarter Sess., Phila. Co., #759) Sept. 20, 1963: Defs. conducted orderly, quiet sit-in office of city officials, protesting policy on relocating residents of substandard housing. After 5 p.m., Defs. refused to leave, arrested. Oct. 1963: After trial, Defs. convicted of disorderly conduct (18 P.S. 4406); breach of peace charges dismissed. Issues: 1) Does construction of statute require finding that Defs. disturbed a resident of the locality, annoyed a member of traveling public, or disturbed the peace? 2) Does conviction infringe First Amendment freedoms, as defined in Edwards, 372 U.S. 229, and Terminello, 337 U.S. 1? On appeal, all Defs. found not guilty of disorderly conduct. Defs. prosecuted again on charges of unauthorized use of city facility (room in which sit-in took place), breach of peace (dismissed). Defs. filed 28 U.S.C. §1443 removal petitions; DC remanded, denied injunction against prosecutions. Defs. convicted of unauthorized use of city facility. Appeal pending.

William Lee Akers, Esq., 737 Commerical Trust Bldg.; Harry Lore, Esq., Suite 400, The Wellington, 19th & Walnut Sts., both of Philadelphia.

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51.52. New York v. Stauble. (Yonkers City Ct.) Dec. 15, 1962: 8 Defs. inserted cards in merchandise at S. Klein store describing goods as communist-made, chanted "Klein's is Communist"; crowd of 300 gathered. Def. also allegedly swore at police officer. Jan. 8, 1964: Def. convicted of disorderly conduct. Other cases arising from same incident pending. Def's. appeal pending.

Alfred Skidmore, Esq., Hicksville, Long Island, N.Y.

51.53. California v. Huss, Krauss, McLaughlin, Holstein, Reeves. (Los Angeles) (L.A. Co. Super. Ct., #274332.) 1963: Defs.-Nazis arrested for creating disturbance at "Salute to Israel" rally. Nov. 11: All Defs. convicted of conspiracy to riot; 4 of felonious assault. Jan. 2, 1964: Sentences: 1-10 yrs. down to 10 mths. Appeals pending.

A. L. Wirin, ACLU, 323 W. Fifth St., Los Angeles.

51.54. Maryland v. Frankhouser. (Riverside Park.) (Muni. Ct.) 1963: Def. making anti-integration speech; arrested: disorderly conduct, making speech without permit. Def. convicted; 30 days and $50. Appeal pending.

Maryland ACLU, 10 E. Centre St., Baltimore.

51.55. Mississippi v. Stoner. (SD Miss.) Feb. 5, 1964: Def.-SNCC worker went to Hattiesburg jail to visit fellow-SNCC worker; told to leave, refused, jailed: breach of peace, resisting arrest, profanity, contempt of court. Feb. 6: Def. tried by Justice of Peace in his locked cell: 2 Forrest Co. Dep. Sheriffs assigned as Def's. "counsel," refused to raise constitutional objections; Def. dismissed them, stood mute, convicted: 60 days and $376. April 10: Def. filed, through 2 out-of-state attorneys, petition for habeas corpus, for leave to proceed in forma pauperis, for waiver of DC rule of court requiring out-of-state attys. to associate with Mississippi counsel. Appeal withdrawn after CA denied Def's. motion to release on bail pending appeal.

George W. Crockett, Esq., 3220 Cadillac Tower, Detroit; Benjamin E. Smith, Esq., 1006 Baronne Bldg., New Orleans.

51.56. New York v. Callender, Galamison. (Queens Crim. Ct.) Apr. 4-22, 1964: Picketing and sit-ins at opening of World's Fair; 300 arrested: disorderly conduct, resisting arrest. Many pleaded guilty to disorderly: $5.$25., 5-15 days (suspended); other charges dism'd. Aug. 1964: trial date for 50 Defs. Timely removal petitions filed in SD NY; see 51.56 at 73.

And see 51.56a, 58.24, 63.26.

51.56a. New York v. Prinz, Officers, Am. Jewish Congress . (NYC Crim. Ct., Queens Co.) May 15, 1964: Without conceding legality of Worlds Fair Corp. regulation prohibiting demonstrations without prior permission, Defs. requested permission to picket Jordanian Pavillion to protest exhibition alleged to be defamatory, and designed to incite hatred against Israel and Jews generally. Corp. conceded material objectionable, but refused permission because Fair devoted to promoting friendship through increased understanding, picketing would encourage international incidents. May 25: on advice of counsel, Defs. attempted to picket in street before Jordanian pavillion; arrested: disorderly conduct, resisting arrest (for refusing to surrender sign until placed under arrest). July 23, 1964: trial; decision awaited.

Howard M. Squadron, Will Maslow, Joseph Robison and Lois Waldman, Esqs., 15 E. 84th, NYC.

And see 58.24, 63.26.

51.57. McKinnie v. Tennessee . (Nashville.) (U.S.S.C., #148) (379 SW.2d 214) Oct. 21, 1962: Defs.-Negroes sought service at Nashville restaurant, refused, blocked entrance; arrested: violation of Tenn. Code Ann. §39-1101 (7), §62-711 (conspiring to injure trade and commerce; turbulent conduct within or about hotel, inn, or restaurant). Cir. Ct. jury found Defs. guilty; $50. and 90 days. Jan. 8, 1964: Tenn. Sup. Ct. affirmed: (1) possibility that restaurant could not lawfully exclude Defs. irrelevant, because Defs.' conduct clearly prohibited by statutes; (2) indictment sufficiently apprised Defs. of offenses charged; (3) conspiracy may be inferred from nature of acts, relation of Defs., and their common interest; (4) Peterson, 552.SC.8, 373 U.S. 244, and Lombard, 552.La.2, 373 U.S. 267, distinguishable because no blocking of entryways; (5) statutes sufficiently define proscribed conduct; (6) Defs. not prejudiced in jury selection, in drawing of grand and petit jury panels, in inclusion of whites who professed belief in segregation but alleged they could lay such belief aside, or in allowing challenges to Negroes on panel for various reasons. Oct. 12, 1964: U.S.S.C. granted cert.

Looby and Williams, Esqs., 327 Charlotte Ave., Nashville.

51.59. New York v. Galamison (Sup. Ct., App. Term, 2d Dept.) (250 NYS.2d 325) May 20, 1964: demonstrators protesting alleged employment discrimination blocked entrance to construction site; arrested: disorderly conduct. Convicted. App. Term found: breach of peace statute not unconstitutionally vague and indefinite; not being used to enforce state policy of discrimination in hiring; state policy is against discrimination; conduct established clear and present danger of disorder, interference with traffic and breaches of peace.

And see 55.70, 573.4, and 573.4a.

51.60. Hanson v. Alabama. (DeKalb Co.) (Ala. Ct. of App.) (166 So.2d 886 (1964)) 1963: Ten Negroes and whites marched in memory of Fred Moore after his murder. Upon entering Alabama, arrested: engaging in course of conduct calculated to provoke breach of peace. Trial Ct. overruled Defs.' demurrer; Defs. convicted, fined $200. each. Ct. of App. reversed: demurrer on ground complaint failed to state an offense should have been sustained.

And see 63.9.

51.61. New York v. Martin. (Malverne) (NY Sup. Ct., App.
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Term) (251 NYS.2d 66) 1963: Defs. attended School Bd. meeting to protest Bd.'s alleged failure to correct racial imbalances in schools; refused to leave when meeting adjourned; arrested: disorderly conduct. Convicted. 1964: App. Term affirmed: 14th Amendment due process prohibition against imposition of criminal sanctions for peaceful expression of unpopular views does not prevent Defs.' conviction under disorderly conduct statute for being in a place where they had no right to be, citing U.S.S.C. dictum in Edwards, 552.SC.3b, 372 U.S. 229, had that case been one of "evenhanded application of a precise and narrowly drawn regulatory statute," result might have been different.
52. Against Obscenity (see also 12, 14, 580)
Law review article: Murray L. Schwartz, The mail must not go through—propaganda and pornography, 11 U.C.L.A. 805-58.
52.33. California v. Aday. (U.S.S.C., #500) (26 Cal. Rptr. 576, 55 C.2d 789) (362 P.2d 47.) 7 Defs.—writers, publishers, distributors—indicted for conspiracy to violate Calif. obscenity law in connection with 3 books: "The Decisive Years," "Sex Life of a Cop," "Joy Killer." 1961: Defs. moved in Calif. Sup. Ct. for return of 14 tons of paper-backs, contracts with authors, tax returns, etc., seized when Defs. arrested. May, 1961: Calif. Sup. Ct. granted motion because search warrant too sweeping. Fresno Muni. Ct., after hearing, ordered all seized private papers returned; granted Def's. motion under Pen. C. §995 to set aside indictment. Nov. 1962: D.C.A. ordered return of books seized, held search warrant invalid for failure to specify material to be seized, did not rule on obscenity. Petition for certiorari pending.

Stanley Fleishman, Esq., 1741 Ivar Ave., Hollywood.

52.34. New York v. Mishkin. (App. Div., N.Y. Sup. Ct., #5238.) (207 NYS.2d 390, 234 NYS.2d 342) 1960: Def.-bookseller convicted of selling obscene books, violating law requiring imprint of name of publisher on books published in N.Y. Nov. 27, 1962: App. Dept. affirmed conviction for selling obscene books, reversed conviction for failure to "imprint," finding statute unconstitutional; opinion per curiam, cited Talley, 362 U.S. 60. Appeal pending.

Emanuel Redfield, Esq., 60 Wall St., NYC.

52.35a. G.I. Distributors, Inc. v. Murphy. (ED N.Y.) 1963: Action by 6 distributors, 10 publishers and 124 distributing agents against NYC Police Commr., Queens Co. Dist. Atty., assistants and police, under 42 U.S.C. §1983 and 28 U.S.C. §1343, to recover damages for illegal search and for injunction against Defs.' threatened acts of interference with paper back books alleged to be obscene. Aug. 30, 1963: DC denied motion to dismiss. Trial pending.

Osmond K. Fraenkel, Esq., 120 Broadway, NYC.

52.48. Connecticut v. Huntington. (Conn. Sup. Ct. of Errors, #5454) Def.-bookseller arrested; charge: selling "Tropic of Cancer" in violation of Conn. Genl. Stats. §§53-243. Mar. 7, 1962: after trial, Def. convicted, book held obscene, indecent. Appeal argued Oct. 8, 1964; decision awaited.

Joseph F. Skelley, Jr., Esq., 37 Lewis St., Hartford.

52.55. Chicago v. Russell, Compton. (Cook Co. Cir. Ct.) 1963: Defs.-actors arrested after they read portions of Tropic of Cancer during show: charge: obscenity. Dismissed by agreement.

Elmer Gertz, Esq., 120 S. LaSalle, Chicago, Ill.

52.56. U.S. v. Ginzburg. (CA 3) May, 1963: Author and 3 publishers indicted for allegedly sending obscene literature through mails. Plea: not guilty. Defs. convicted on 28 counts of mailing obscene literature; "Eros," "Documentary Books," "Liaison Newsletter" also convicted; Def.-author: 5 yrs. and $28,000; 3 Def.-publishers: $14,000. Appeal bond $10,000. June 16, 1964: appeal argued; decision awaited.

David I. Shapiro and Sidney Dickstein, Esqs., 20 E. 46th St., NYC; Norman A. Oshtry, Esq., 20 S. 15th St., Philadelphia; Murray Powlen, Esq., amicus for PCLU, 1405 Locust St., Philadelphia.

52.57. Chicago v. Bruce. (Ill. Sup. Ct. #37902) Dec. 5, 1962: Def.-entertainer arrested during night club performance; charge: obscenity. March 14, 1963: Def. tried in absentia; convicted: 1 yr. and $1,000. June 18, 1964: Ill. Sup. Ct. affirmed. Jy. 7, 1964: Ill. Sup. Ct., on own motion, ordered opinion withdrawn and judgment vacated. Pending.
52.62. New York v. The Bookcase, Weisfeld and Downs. (NY Ct. of App.) (14 NY.2d 409) Nov. 14, 1963: Def.-booksellers charged with selling "Fanny Hill" in violation of new criminal law section which prohibits sale to minors of any book devoted to sexual immorality; convicted by 3-judge ct. Def.-bookstore operator: 30 days and $500.; Def.-bookstore clerk: 10 days. July 10, 1964: Ct. of App. reversed, holding law violates 1st and 14th Amendments.
52.65. U.S. v. Walker. (ED S.C., Cr. #23,178, CA 5) Apr. 25, 1960: Def.-disc jockey broadcast allegedly obscene language in radio program. Dec. 5, 1963: Def. convicted in jury trial of one of five counts, after FCC refused to renew the station's license. Appeal pending.

LaNue Floyd, Esq., Kingstree, South Carolina.

52.66. U.S. v. 18 Packages of Magazines. (ND Calif., S. Div.) Nov. 1963: U.S. brought libel action to forfeit and destroy imported nudist magazines on ground each package contained at least one obscene magazine. Dec. 4, 1963: DC ruled 19 U.S.C. §1305 does not allow forfeiture of non-obscene material packaged with obscene material ("rotten apple" theory), ordered 10,000 magazines released. U.S. appealed to CA 9 dismissed by stipulation. Trial on obscenity of remaining magazines awaiting decision on motion for summary judgment based on A Quantity of Books v. Kansas that §1305 is unconstitutional as it provides for detention of alleged obscene material prior to adjudication.

Marshall Krause, Esq., for ACLU of N. Calif., 503 Market St., San Francisco.

52.69. New York v. Mekas, Jacobs, Karpe, Sims. (NYC Crim. Ct., ##A 2984-87.) Apr. 1964: Defs. arrested during showing of "Flaming Creatures," satirical film depicting commercialized sex, winner of award at 1963 Experimental Film Festival in Belgium. June 12: Def.-Sims (ticket taker) acquitted; other Defs. (involved in showing film) convicted.

Emile Zola Berman, 100 William St., NYC.

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52.70. New York v. Bruce, Solomon. (NYC Crim. Ct., ##A 4406, 4624.) April 1, 1964: Def.-comedian arrested: using obscene language; Def.-cafe-owner arrested: permitting indecent performance. June, 1964: Trial before 3-judge ct. pending. Def. filed application to appear in pro per. because of refusal of attorney to submit play Def. wrote in substitution for transcript of one of his performances which had been received in evidence.

Ephraim London, Esq., 1 E. 44th St., NYC.; Lenny Bruce, in pro per.

And see Bruce, 52.57.

52.72. A Quantity of Copies of Books v. Kansas. (U.S.S.C.) (84 S. Ct. 1723) Under Kan. statute authorizing seizure of allegedly obscene books before adversary hearing on alleged obscenity, Atty. Gen. filed information alleging obscenity of 59 titles. Geary Co. Dist. Ct., after examining several books, issued warrant authorizing seizure: 1715 copies seized. Kan. Sup. Ct. affirmed. June 22, 1964: U.S.S.C. reversed: Procedure violates 14th Amendment by permitting seizure and suppression of non-obscene books before adversary determination of alleged obscenity. Diss.: Harlan and Clark, JJ.
52.73. New York v. Waldman. (NY Sup. Ct., App. Term) Def. convicted of selling obscene books. 1964: App. Term reversed: No proof Def. had any knowledge of contents.

Osmond K. Fraenkel, Esq., 120 Broadway, NYC.

52.74. New York v. Diamond. (NYC Crim. Ct., #A5968 1964) Def. charged with sale of obscene magazine. Upon comparison with magazines held not to be obscene in Larkin, 14.15, ct. reluctantly granted Def's. motion to dismiss.

Osmond K. Fraenkel, Esq., 120 Broadway, NYC.

52.75. California v. Elder. (San Francisco Muni. Ct.) 1964: Police visited gallery displaying sculpture by Ron Boise which depicted various sexual practices, arrested gallery owner and salesman: offering for sale obscene works; confiscated sculpture. After testimony by experts in art history, philosophy, and psychiatry re artistic and social desirability of artistic freedom to treat erotic themes, jury returned verdict: not guilty.

Marshall Krause and Ephraim Margolin, Esqs., 503 Market St., San Francisco, for N. Calif. ACLU.

52.76. Freedman v. Maryland. (U.S.S.C., #69) 1963: Def.-theatre mgr. exhibited "Revenge at Daybreak" without prior permission of state movie censorship bd. required by statute; arrested. Trial Ct. convicted, though State conceded film would have been approved. Md. Ct. of App. affirmed. Issue: constitutionality of Md. licensing statute. Petition for cert. pending.
52.77. N.J. v. Hudson Co. News Co. (N.J. Sup. Ct.) (196 A.2d 225) 1960: Police seized and held for 3 years 600 magazines from Def.-distributor. Def. arrested: selling obscene publications. At trial, jury allowed to consider whether magazines offended community standards in Hudson Co.; convicted. Super. Ct., App. Div. affirmed. Dec. 1963: N.J. Sup. Ct. reversed: phrase "community standards" in Roth, 52.3, 354 U.S. 476, must mean those of society at large, otherwise standard of constitutional protection would vary from one locality to another; search and seizure practices unconstitutional as prior restraint.

See Hudson Co. News Co. (declaratory judgment), 14.17 in IX DOCKET 1.

53. Against Defamation (see also 61)

53.4. Louisiana v. Moore. (19th Jud. Dist., E. Baton Rouge Parish.) Def. SNCC leader made a speech; arrested. Charge: criminal defamation of local grand jury and Dist. Atty. Nov. 28, 1962: convicted. Appeal to La. Sup. Ct. 1963: Motions for new trial pending; Defs. have not been sentenced.

Murphy Bell, Esq., 971 So. 13th St., Baton Rouge. Collins, Douglas, and Elie, Esqs., 2211 Dryades St., New Orleans.

53.5. Louisiana v. Cox. (La. Sup. Ct.) 1962: Def. charged with: (1) defaming a judge, (2) defaming a district attorney. Convicted. Def's. appeal pending.

Nils R. Douglas, Esq., 2211 Dryades St., New Orleans.

53.6. Garrison v. Louisiana. (New Orleans.) (U.S.S.C., #4) (154 So.2d 400, p.j.n. 375 U.S. 900) 1963: Def.-New Orleans Dist. Atty. published statement charging local crim. ct. judges were responsible for large backlog of cases, hindered DA's vice investigations, judges' conduct 'raised questions' about racketeer influence; convicted of criminal defamation. La. Sup. Ct. affirmed: (1) showing of clear and present danger to administration of justice not required; (2) state misdemeanor Def. has no right to jury trial; (3) First and Fourteenth Amendments no bar to conviction. Nov. 12, 1963: U.S.S.C. noted probable juris.
53.7. Chicago v. Lambert. (Ill. App. Ct., 1st Dist., 1st Div., Gen. #49097) (197 NE.2d 448) 1962: Defs.-members of American Nazi Party arrested for distributing anti-Negro, anti-Semitic leaflets, and for aiding and abetting. Mar. 22, 1962: Defs. convicted in non-jury trial in Chicago Muni. Ct. under racial libel statute (Ill. Rev. Stats. ch. 38 §27-1) and Chicago breach of peace ordinance (Muni. Code ch. 193 §1-1). Mar. 9, 1964: App. Ct. affirmed: (1) Defs. conduct intended to and did cause breach of peace and was unreasonable and unjustified; (2) leaflets contained scurrilous epithets defamatory of Jews, Negroes, and Judaism, which epithets were calculated to arouse breach of the peace.
53.8. Kentucky v. Ashton. (Ky. Ct. of App., #W-125-64) March 1963: Oberlin College student went to Hazard, Ky. in response to national television appeal for aid to unemployed miners, wrote pamphlet dealing with community problems which contained allegedly defamatory material about local law enforcement officers, newspaper publishers. Police seized pamphlet before circulation; Def. indicted for criminal libel. First trial: jury failed to agree. Nov. 21, 1963: Second trial—10 of 12 jurors concurred in guilty verdict; $3,000 and 6 mths. Issues on appeal: (1) Whether instruction to jury defining criminal libel as "any writing calculated to create disturbances of the peace, corrupt the public morals, or lead to any act which, when done, is indictable" violates due process, (2) error to fail to direct verdict for Def. in absence of proof of publication or malice, and (3) lack of unanimity of jury verdict. Pending.

Dan Jack Combs, Esq., Pikeville, Ky.; Ephraim London, Esq., 1 East 44th St., NYC.

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54. Against Sedition, Criminal Anarchy (see also 241-44)

54.2. Louisiana v. Goldfinch. (New Orleans.) (Judicial District Ct., Orleans Parish) Sept. 21, 1960: Def., white Tulane grad. student, arrested while with 2 Negro students during lunch counter sit-in. Charges: criminal mischief, conspiracy to commit criminal anarchy, based on Def's. alleged remark at counter: "I have come here for a purpose and I will not leave until I have accomplished that purpose or have been arrested," allegedly directed against State of La. Freed on $2,750. bail. Pending.
54.6. Georgia v. Perdew, Harris, Allen. (Sumter Co. Super. Ct.) (137 SE.2d 711) Summer 1963: SNCC workers marched from church in Negro neighborhood. Three blocks from church stood and sang freedom songs. Police beat demonstrators, arrested Defs. Charges: unlawful assembly, resisting arrest, assault with intent to commit murder (conspiracy charge), inciting to riot. Defs. also charged with attempting to incite insurrection, a capital offense. (See Herndon v. Lowry (1937) 301 U.S. 242.) Defs. bound over to grand jury for hearing in Nov. Motion to set bail denied. Dec. 10, 1963: Def.-Allen convicted of assault with intent to commit murder; 2 yrs. July 1964: Ga. Ct. of App. reversed conviction of Def.-Allen: reversible error to deny without hearing Def.'s motion to quash indictment and challenge to array of petit jurors: (1) systematic exclusion of Negroes from grand and petit juries violates due process and equal protection clauses of Fourteenth Amendment; (2) such exclusion may be raised by white-Def., not a member of excluded class, under Thiel v. Southern Pacific, 328 U.S. 217, held applicable to Ga. state grand and petit juries; (3) but, "were it necessary for the Def. to show prejudice, judicial notice might be taken that where prejudice exists against the advocacy of the Negro's full privileges and duties of citizenship, a white person active in promoting participation in government by Negroes would be the object of as strong adverse prejudice as would a Negro engaged in such activities, and perhaps stronger"; (4) Ga. Code, Tit. 59, proscribes selection of jurors on ground of race; remanded to trial court. In trial court, Defs.: moved to quash indictment, challenged composition of petit jury, re-moved motion to try within two terms but alleged that motion had been properly made and as prosecutor has not brought cases to trial within two terms of court, Ga. law required dismissal of all charges. Nov. 1964: In chambers, trial judge granted motion to dismiss all charges on ground that cases had not been brought to trial within two terms.

C. B. King, Esq., Box 1024, Albany, Ga.

And see 54.7, 54.7a.

54.7. Georgia v. Aelony. (Americus Justice of Peace, Sumter Co. Super. Ct.) White-CORE worker watching demonstration in 54.6, left scene holding hand of Negro girl. Arrested; charge: insurrection. Nov. 1964: charges dismissed. Issues and counsel identical to 54.6.

And see 54.6, 54.7a.

54.7a. Aelony v. Pace, Ga. Solicitor Genl.; Dir., Dept. of Public Safety; Mayor and City Council and City of Americus; Sumter Co. Sheriff. (MD Ga., #530-1963.) Oct. 8, 1963: Pet. (Def. in 54.7) filed complaint (under 28 U.S.C. §§1343, 2281) to restrain Defs. from enforcing Ga. Code §§26-902 and -903 (attempt to incite insurrection, death penalty), and §26-5301 (unlawful assembly), alleging: (1) Defs. aware of their unconstitutionality (Herndon v. Lowry, 301 U.S. 242, Wright v. Ga., 373 U.S. 284), but conspired to oppress Pl. and other citizens in their exercise of privileges and immunities and suffrage, in violation of 42 U.S.C. §§1971, 1983, by making arrests; only testimony at preliminary hearing was that Pet. invited people to meeting at Church and observed the 30 arrests (54.6). Similar complaint filed by 3 Defs. in 54.6. Nov. 1, 1963: 3-judge ct. (2-1) held statutes unconstitutional, restrained Defs. from enforcing statutes and prosecuting Pets. further for assault with intent to murder, inciting to riot, or other state or local charges unless each Pet. released that day on no more than $1,000 bond (felony) and $500. (misdemeanor). Defs. released on bond. Jan. 10, 1964: Pls.' brief in support of continuance of three-judge ct. filed. Hearing postponed indefinitely. Mar. 1964: DC granted preliminary injunction against prosecution of other charges.

Paul, Weiss, Rifkind, Wharton, and Garrison, Esqs., 575 Madison Ave., NYC; NAACP Legal Def. & Educ. Fund, 10 Columbus Circle, NYC.

And see 54.6, 54.7.

54.7b. Georgia v. Wells, Harris. (Sumter Co. Super. Ct.) Summer 1964: Def.-Negro leaders of Albany Movement arrested: (1) attempted insurrection; (2) distributing insurrectionary material; no bail set. Defs. filed removal petition to fed'l. ct.; DC remanded. Super. Ct. dismissed insurrection charge.

And see 54.7c.

54.7c. Wells v. Hand. (MD Ga., #821) 1964: Defs. in 54.7b sued to permanently enjoin prosecution by state, and for admission of Defs. to reduced bail and other relief. Oct. 15, 1964: 3-judge ct. heard argument; under consideration.

C. B. King, Esq., Box 1024, Albany, Ga.

54.8. Louisicna v. Bell. (Clinton.) (20th Jud. Dist. Ct., B4281, B4283-B4293.) Sept. 19, 1963: Defs.-12 CORE members, sent letter to Clinton officials asking that biracial committee be appointed, composed of Negro leaders and local officials, to "avoid racial tension." Dec. 3: Defs. indicted for "conspiracy to commit public intimidation" (L.S.A.R.S. §14:122). Defs.' motions to set aside jury venire, and dismiss indictment pending.

Collins, Douglas, and Elie, Esqs., 2211 Dryades St., New Orleans.

54.9. New York v. Epton. (N.Y. Sup. Ct., 1st Jud. Dist.) (252 NYS.2d 388.) Jy. 18, 1964: Nego-Def., leader in Progressive Labor, made speech in Harlem about police killing of Negro youth; later a riot occurred. Aug. 5, 1964: Grand jury indicted Def., under Pen. L. §161, for advocating criminal anarchy, first such indictment in N.Y. since Gitlow in 1919 (268 U.S. 652, 1925); Def. released on $10,000. bond. Def. moved to dismiss, citing Nelson, 350 U.S. 497; Sup. Ct. denied motion. Pending.

Conrad Lynn, Gene Ann Condon, Esqs., 401 Broadway, NYC.

And see 54.9a.

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54.9a. New York v. Epton and Lynn. (NY Sup. Ct., 1st Jud. Dist.) Aug. 18, 1964: after indictment in 54.9, ct. issued sweeping injunction against Progressive Labor and other Harlem organizations holding meetings, etc. Def.-Epton and Atty. Lynn arrested for unlawful assembly and disorderly conduct for trying to arrange meeting despite injunction. Injunction vacated. Charges pending.

And see 54.9.

55. Against Picketing, Leafleting, and Demonstrating (see also 51, 123, 541, 542, 551, 552)

55.16. Shuttlesworth v. Alabama. (Birmingham) (U.S.S.C., #423) (155 So.2d 605, 606) Birmingham merchants rejected Negro demands for ending segregation of drinking fountains and restrooms, employment discrimination. Negroes began boycott of downtown stores. Apr. 4, 1962: Def. and another arrested while observing effects of boycott: refusal to obey police officer, blocking traffic. Crim. Ct. convicted Defs. Oct. 23: Ala. Ct. of App. affirmed. Feb. 23, 1963: Ala. Sup. Ct. denied cert.: petition "not on transcript paper." Defs.' petition for cert. pending.
55.18. Alabama v. Dr. McNair. (Talladega.) (Recorder's Ct., #3165) (Ala. Sup. Ct., #9760) Apr. 1962: 200 students (Talladega College) demonstrated in downtown against segregated eating and employment practices; 50 arrested, incl. Def.-white chaplain, Def.-Zellner, 58.3. Defs. released on bonds, many signed by Arthur D. Gray, College Pres.; convicted. Pending on appeal.

Arthur D. Shores, Esq., 1527 5th Ave. N., and Orzell Billingsby, Jr., Esq., 1630 4th Ave. N., both of Birmingham; Charles S. Conley, Esq., 530 S. Union St., Montgomery; Charles Morgan, Jr., Esq., Atlanta.

And see Alabama v. Gray, 63.2.

55.25. Jackson v. Allen. (Co. Ct., 1st Jud. Dist., Hinds Co., #21.) 1962: Def.-Negroes picketed on federal property against segregation. Arrested by state officers, tried, convicted. Issue on appeal: whether state can prosecute Defs. alleged to have committed criminal act on fedl. property. Pending.

R. Jess Brown, Esq., 1105½ Washington St., Vicksburg, Miss.

55.26. North Carolina v. Frinks, Frinks v. North Carolina. (U.S.S.C., #235 Misc.) 1962: Negro Defs. picketed for integration: arrested, charged with violating Edenton City. Ords. limiting pickets to 10 walking 15 ft. apart, and with assaulting an officer. Nov. 27, 1962: after jury trial, Defs. convicted. (Cf. 55.27, VIII DOCKET 8, involving later arrests under ordinance requiring permit to picket from Town Clerk, available at fee of $10/day in which trial judge held ordinance unconstitutional.) Convictions affirmed in state courts. Oct. 12, 1964: U.S.S.C. denied cert.

G. E. Tillet, Esq., 413 S. Broad St., Edenton, N.C.

55.28. Illinois v. Tranquilli, Thomas, J. Lewis, Bridges. (Cairo.) (Justice of Peace Ct., Alexander Co. Ct.) Jy. 13, 1962: 9 persons arrested in sit-in at swimming pool. Charges: mob action, disorderly conduct. Jy. 26, 1962: tried; convicted; $35. each. Aug. 20, 1962: 4 others tried; convicted; $50. each. All pending on appeal to Co. Ct. One minor arrested; turned over to Ill. Youth Commission for violation of parole based on previous integration protest. Defs.' requests for separate trials de novo on appeal pending.

Raymond E. Harth, Esq., 109 N. Dearborn, Chicago, for NAACP.

55.32. Crawford, Mitchell, Poole, Salter v. Mississippi. (CA 5) 1962: Defs. picketing; arrested: obstructing sidewalk. Defs. filed removal petition to DC. See 55.32 at 73.

R. Jess Brown, Esq., Jackson; William Kunstler, Esq., 511 Fifth Ave., and Clarence Jones, 165 Broadway, both of NYC.

55.34a. Barnes v. CORE. (Butte Co. Super. Ct., #40296.) Aug. 1963: Employer sued for injunction against CORE members picketing in protest of his allegedly discriminatory hiring practices. Aug. 9, 1963: Super. Ct. granted temporary restraining order. Aug. 16, 1963: Ct. dissolved order on Defs.' motion, refused to issue preliminary injunction. Pending.

Malcolm Burnstein, Esq., 1440 Broadway, Oakland.

DANVILLE, VA. CASES:

Over 1,000 arrests were made in Danville between June 5 and Aug. 27, 1963 of Negroes seeking 5 objectives: desegregation of all public facilities and those private facilities open to the public; equal job opportunities in public and private employment; establishment of official bi-racial commission; appointment of Negro representatives on all City bds. and commissions. In order to present a complete picture of civil rights litigation in a typical, active area of the south, all Danville cases are included in this category, except denial of unemployment compensation to demonstrators (Lewis, 263.5) and police brutality (Thomas, 304.28.)

May 31, 1963: first demonstration, with permit from Mayor. June 5th: after daily demonstrations, first arrests as Corporation Ct. judge sought to disperse demonstrators. June 6: Corp. Ct. issued ex parte temporary restraining order. June 7: 3 Negro leaders indicted for inciting Negroes to riot against whites under state felony statute. June 14: City Council passed ordinance codifying broadly restrictive terms of restraining order: no one under 18 can picket; no more than 6 pickets regardless of area picketed; no picketing outside business hours. 105 arrested for violating injunction. June 17: Defs. filed removal petition of contempt cases to DC under 28 U.S.C. §1443. June 17: Corp. Ct. tried 2 contempt Defs. after removal petition filed; convicted; 90 days with 45 suspended, $25; no bail. June 22: 10 (including Atty. Holt) indicted under inciting to riot statute. June 24-25: DC granted petitions for habeas corpus to release 2 Defs. convicted in Corp. Ct. under 28 U.S.C. §1446.

Jy.: City Council passed anti-parade ordinance. U.S. Dept. of Justice filed amicus appearance to oppose City's motion to remand the removal cases back to Corp. Ct. Jy. 11: DC remanded to Corp. Ct. all cases removed to it by Defs. Jy. 29: Corp. Ct. made temporary order permanent injunction and enlarged its scope after hearing in which prosecutor introduced evidence re alleged "Communist-inspired" demonstrations. Aug. 6-8: 347 contempt of injunction cases set for trial; Corp. Ct. granted State's motion for change of venue to remote Va. cities. Many Defs. out on multiple bonds: $500. for each charge. Aug. 8: CA 4 stayed further Corp. Ct. trials pending its decision on 5 cases pending before it:

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55.35. Baines v. City of Danville. McGhee v. City of Danville. (CA 4, ##9080, 9082.) (321 F.2d 643, 1963; 9 RRLR 1139, 1964.) Defs. in 138 criminal cases charging violation of June 6 restraining order filed removal petitions to DC. See 55.35 at 73. for status of removal procedures.

And see 55.36, 263.5, 304.28.

55.36. Chase v. McCain, Chase v. Aiken. (CA 4, ##9081, 9082.) (321 F.2d 643; 9 RRLR 1139.) Pl.-demonstrators filed plenary suits in DC under Civil Rights Act seeking decree enjoining enforcement of June 14 ordinance, June 6 and Jy. 29 injunctions, and declaring them unconstitutional. DC denied relief for failure to exhaust state remedies and no irreparable injury shown. Aug. 8, 1963: CA 4 issued restraining order against state trials till decision on merits of appeal. Aug. 10, 1964: CA 4 held (3-2): This case is not within any exception to fedl. anti-injunction statute which forbids fedl. cts. to grant injunctions to stay proceedings in state courts except where authorized by Congress or necessary in aid of its jurisdiction; grant of general equity jurisdiction under Civil Rights Act did not constitute such authorization; only in compelling instances will state ct. proceedings be stayed by injunction; held that on remand DC may restrain future arrests until constitutionality of ordinance and injunction are determined if it finds their application has amounted to denial of constitutional rights. Sobeloff, CJ., and Bell, J., diss.: The wholesale suppression of First Amendment rights alleged here would be sufficient to take case out of prohibition of anti-injunction statute; injunction is only remedy in this situation which will effect Congressional purpose expressed in Civil Rights Act.

Counsel in all cases: Ruth L. Harvey and Harry I. Wood, Esqs., 4535 Main St., Len W. Holt, Esq., 243 Ross St., Andrew C. Muse, Esq., Spring and Union St., J. L. Williams, Esq., 323 N. Ridge St. and George Woody, Esq., 212 N. Ridge St., all of Danville; Samuel Tucker, Esq., Southern Aid Ins. Bldg., Richmond; Arthur Kinoy and William M. Kunstler, Esqs., 511 Fifth Ave., NYC; Prof. Chester Antieau, Georgetown Law Center, 6th and E Sts., NW, and Shellie Bowers, Esq., 3429 Clay Ct., NE, both of Washington, D.C.; Richard Goodman and Dean Robb, Esqs., 3220 Cadillac Tower, Detroit.

And see 55.35, 263.5, 304.28.

SOUTHWEST GEORGIA CASES—ALBANY, AMERICUS, FITZGERALD:

55.37-55.66. Since the organization of the Albany Movement in 1961, mainly in the summers of 1961 and 1962, over 1000 persons arrested; charges: disorderly conduct or loitering during civil rights street parades; leafleting in violation of local ordinances: trespass while seeking service at local public accommodations. Most arrestees released on bond, convicted in Recorder's Ct., appealed to county courts for trials de novo. See case-by-case descriptions, VIII DOCKET 125-126. 1964: motions to try de novo in county court within two terms (one year) filed; failure by prosecutor to bring cases to trial within that time gives Defs. right to dismissal of charges. Prosecutor reluctant to bring to trial cases requiring hearings on Defs.' motions to quash jury venire, under Allen decision, 54.6. Cases now being dismissed in groups without decision of important constitutional questions.

C. B. King, Esq., Box 1024, Albany, Ga., counsel in all cases.

55.67. U.S. v. Anderson. (MD Ga., Albany Div.) April 1963: all-white fedl. petit jury ruled for Def.-Sheriff in suit by Negro-Pl. under Civil Rights Act for damages to Pl's. shoulder from 3 shots by Def. while arresting Pl. for public drunkenness (misdemeanor). (Ware, 304.21). Albany Movement picketed store of white juror Smith with store in Negro community; store closed. Aug. 9, 1963: 3 Negro leaders of Albany Movement (see summary above) indicted by fedl. grand jury for injuring fedl. petit juror and conspiring to so injure by means of picketing, in violation of 18 U.S.C. §§1503, 371. Defs. allege picketing done solely to urge Smith to hire Negro help and treat Negro customers properly. Defs. released on $2500. to $5000. bond. Def. Colbert pleaded guilty; suspended sentence. Def.-Anderson moved to Detroit, objected to removal; objections overruled, Def. ordered to stand trial in Georgia. Oct. 1963: Dr. Anderson tried before all-white jury; jury disagreed. 1964: DC Mich accepted Def.-Anderson's plea of nolo contendere; sentence awaited. It is alleged that white jurors who voted to acquit Anderson have had their income tax returns under close scrutiny.

C. B. King, Esq., P. O. Box 1024, Albany, Ga.; Donald Hollowell, Esq., 859½ Hunter St. NW, Atlanta, Ga.

And see 55.68, 63.5, 304.21.

55.68. U.S. v. Rabinowitz. (CA 5) 5 Negro Defs. and 1 white Def., all active in Albany voter registration work, indicted by fedl. grand jury for perjury before grand jury as to witnessing picket line against juror Smith's store (see Anderson, 55.67) and re attendance at alleged meeting in Atty. King's office (in King's absence) day before grand jury appearances. Papers filed: (1) subpena duces tecum to U.S. Atty. for matter obtained during grand jury investigation; (2) bill of particulars re events surrounding grand jury hearing; and motions: (3) to permit inspection of grand jury minutes; (4) to transfer trial of northern white SNCC worker (with supporting affidavits from profs. expert in race relations on probability of her obtaining fair trial in south); (5) to dismiss indictment—(a) improper jury selection for systematic exclusion of Negroes; (b) unauthorized person present in grand jury room when Def. called; (c) U.S. Atty. improperly inflamed jurors against white Def.; (d) alleged false testimony not on material matter, Def. not apprised of purpose of investigation; (e) offenses charged as separate counts actually all same, result in double jeopardy. Defs. released on $2500. bond. Oct. 1963: All pretrial motions having been denied, Def. Rabinowitz moved to waive jury; U.S. Atty. objected; DC denied motion. Oct.-Nov.: 5 Defs. tried before all-white juries; all convicted; 2 Defs.—366 days; 2 Defs.—suspended; Def.-Rabinowitz—30 days to 4 yrs. Issues on appeal: (1) improper method of selecting grand and trial jury panel; (2) right of Def. to waive jury. Nov. 16, 1964: appeal argued.

Victor Rabinowitz, Esq., 30 E. 42nd St., NYC; C. B. King, Esq., P. O. Box 1024, Albany, Ga. Amicus brief in support of Def.-Rabinowitz filed by 73 scholars: Ann Fagan Ginger, Laurent B. Frantz, of counsel, Berkeley, Calif.

Amicus brief in support of all Defs. by Samuel Rosenwein, Esq., and Ernest Goodman, Esq., for Natl. Lawyers Guild, 2801 Cadillac Tower, Detroit.

And see Anderson, 55.67, 63.5.

55.69. New Jersey v. Whipper. (Elizabeth.) (Union Co. Ct.)

Aug. 5-22, 1963: Union Co. Civil Rights Coordinating Comm. picketed building sites protesting construction unions' discriminatory practices. 128 arrested. Aug. 22, 1963: 10 Defs. convicted; fines and 30 days suspended. Other cases pending.

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55.70. New York City v. Defs. (App. Term) Jy.-Aug. 1963: Over 800 arrests at building sites in Brooklyn, Manhattan, Queens, Staten Island; charges: disorderly conduct, similar offenses. Jy. 24: Manhattan Crim. Ct. sentenced 5 Defs. to 30 and 60 days; motions for certificates of reasonable doubt granted; $1. bail pending appeal. Oct.: Kings Co. Crim. Ct. tried 8 minister-Defs. for disorderly; denied motion to dismiss on First and Fourteenth Amendment grounds (because prosecution of demonstrators, without concurrent prosecution of alleged offenders against FEPC Act in construction industry, was "uneven application" of laws). Oct. 11: Manhattan Crim. Ct., convicted 11 Defs.; 5 days or $25. Oct. 14: 4 sat in front of delivery truck at Foley Sq. fedl. bldg. project; arrested: disorderly, resisting arrest. Oct. 18: 3 CORE workers arrested at project for climbing on construction crane. Oct. 15, 1964: App. Term affirmed (2-1) as to 11 who sought to block construction at Rutgers H'g. Proj.; Hofstadter, J., diss.

And see Gaynor, 573.4a.

55.71. Wisconsin v. 3 Defs. (Milwaukee.) (Milwaukee Co. Ct.) Aug. 29, 1963: Def.-CORE members arrested during sitin at Co. courthouse, demanding removal of member of Community Social Development Commission. Pending.
55.72. Alabama v. 10 Defs. (Selma.) (Crim. Ct.) Dec. 1963: 10 Negroes arrested while distributing handbills urging boycott of downtown stores during holidays. Charge: printing, circulating boycott notice in violation of state law. Freed on $500. bond. (Police also raided SNCC, Negro printing co., "Freedom House," seized "Don't Buy Segregation" handbills.) Pending.
55.77. City of Birmingham v. 2,500 Defs. (Jefferson Co. Cir. Ct.; Ala. Ct. of App.) Spring 1963: 2,500 Negroes arrested during civil rights demonstrations for: disorderly conduct, parading without a permit, trespass after warning. After U.S.S.C. decision in Peterson v. City of Greenville, 552.SC.8 (373 U.S. 244), trespass charges dismissed because of city ordinance requiring segregated eating places. Recorder's Ct. convicted most Defs. of other charges. On appeal to Cir. Ct., City Atty. nolle prossed many convictions, Cir. Ct. reversed some, affirmed others. Appeals from affirmances to Ala. Ct. of App. pending, see 55.77b-55.77h.
55.77b. Shelton v. City of Birmingham. (Ala. Ct. of App.) (165 So.2d 912) May 7, 1963: Police closed several streets so that fire trucks and police vehicles could be used during civil rights demonstrations. Def. convicted: refusing to obey order of officer to get out of the street. August 18, 1964: App. Ct. affirmed.
55.77c. Shuttlesworth v. City of Birmingham. (Ala. Ct. of App., #25988.) Conviction for parading without a permit. Appeal pending.
55.77d. Fowkles v. City of Birmingham. (Ala. Ct. of App.) Conviction for breach of the peace. Brief filed. Pending.
55.77e. Smith v. City of Birmingham. (Ala. Ct. of App.) Conviction for obstruction of sidewalk. Briefs filed. Pending.
55.77f. Carter, Webster v. City of Birmingham. (Ala. Ct. of App.) Conviction for obstruction of public assemblage. Brief filed. Pending.
55.77g. Clemons, Thomas v. City of Birmingham. (Ala. Ct. of App.) Conviction of trespass after warning. Aug. 18: Ct. of App. affirmed. No further appeal.
55.77h. Cruikshank v. City of Birmingham. (Ala. Ct. of App.) Convicted of failing to obey order of policeman. Brief filed. Pending.

Billingsley and Shores, Esqs., Masonic Temple Bldg., 1630 4th Ave. N., Birmingham, Ala. NAACP Legal Def. & Educ. Fund, Inc., 10 Columbus Cir., NYC.

And see 24.32, 63.7.

55.80. Alabama v. Chace. (Tuscaloosa Co. Ct., ##14735-38; ND Ala., Civ. #64-260.) Apr. 23, 1964: 600 persons, mostly Negro, demonstrated against segregated rest rooms, etc., in new Tuscaloosa courthouse. Def.-white English prof. Stillman College, Tuscaloosa, singled out of picket line; arrested: unlawful assembly, vagrancy, resisting arrest, assault. Def. filed removal petition in DC; see 55.80 at 73. Pending.

Oscar W. Adams, Jr., Esq., 1630 4th Ave. North, Birmingham.

55.81. Mississippi v. 25 Meridian Defs. (Meridian Muni. Ct.; Lauderdale Co. Ct.; SD Miss., Meridian Div., ##5168-5192.) June 13, 1964: Defs. began to picket Kress, Woolworth, Newberry's; arrested: obstructing the sidewalk (Ord. §28-10). Muni. Ct. found Defs. guilty. Defs. appealed to Co. Ct. for trial de novo. Bond: $200. each. Defs. filed removal petition in DC; see 55.81 at 73.

Don Loria, Esq., Cadillac Tower, Detroit; Charles Markels, Esq., 105 So. LaSalle St., Chicago; Natl. Lawyers Guild Comm. for Legal Assist. in the South, 507½ N. Farish St., Jackson.

55.81a. Brown v. City of Meridian. (CA 5, #21730) May 1964: Defs.-civil rights workers standing in front of five-and-dime store advising potential customers not to trade with store, arrested: 7 charged with breach of peace, 1 with interfering with another's business. June 10: 28 U.S.C. §1443 removal petitions filed. Police Ct. convicted Defs. See 55.81a at 73. for removal proceedings.

NAACP Legal Def. & Educ. Fund, 10 Columbus Circle, NYC.

55.82. Mays and Galloway v. Mississippi. (Columbus City Ct.; ND Miss, #ECR-64-33) June 26, 1964: 7 Defs.-Negro civil rights workers handed out leaflet explaining provisions of 1964 Civil Rights Act; arrested: distributing leaflets without a permit, in violation of ordinance requiring written permission of the Chief of Police to distribute printed matter publicly. Bail: $400 each. June 29: Trial scheduled. One Def. taken to state prison before trial for violation of probation on previous burglary conviction. Two members of Miss. Bar objected to out-of-state lawyers' appearance. Cases continued to July 6. Ct. dismissed charges against all but 2, who filed removal petitions in DC; see 55.82 at 73. Bond: $400. Issues: prior restraint; lack of standards to guide police chief in issuing permits. City moved to remand. Pending.

Henry McGhee, Esq., 309 W. Jackson Blvd., Chicago; Ralph Shapiro, Esq., 9 E. 40th St., NYC; Natl. Lawyers Guild Comm. for Legal Assist. in the South, 507½ N. Farish St., Jackson.

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55.83. Mississippi and City of Greenwood v. Carmichael. (City Ct.; ND Miss., #GCR 6429) July 16, 1964: 98 COFO voter registration workers engaged in peaceful picketing at Leflore Co. Cthouse; arrested: violating House Bill 546, Mississippi Laws (April) 1964 prohibiting picketing or demonstrations which "obstruct" or "interfere with" either "free ingress or egress to and from any public premises . . . courthouses . . . etc. . . . or with free use of public streets adjacent or contiguous thereto." Bail: $100. for Miss. residents; $200. for non-residents. Defs. filed removal petitions in DC; see 55.83 at 73.

Natl. Lawyers Guild Comm. for Legal Assist. in the South, 507½ N. Farish St., Jackson; Smith, Waltzer, Jones & Peebles, Esqs., 1006 Baronne Bldg., 305 Baronne St., New Orleans.

55.83aa. Mississippi and City of Greenwood v. Weathers, Cole, Brooks. (City Ct., ##54840, 54841, 54844, 54848; ND Miss. 6435, 6437) These Defs. in 55.83 arrested: interfering with officer in performance of duty, assault and battery, vulgar language. City Ct. set $500. bail each; after removal, DC reduced to $100.
55.83a. Mississippi and City of Greenwood v. Albertz. (City Ct., ND Miss., Greenwood Div., ##6436, 38, 39, 40, 41, 44, 45, 46, 47, 48, 51) July 1964: 14 cases involving COFO voter registration workers arrested on misdemeanor charges: assault, profanity and abusive language to policeman (Miss. C. §2291); improper license tag (§9352-24 to -51 Miss. Stat. 1942); reckless driving, parading without a permit (Miss. Bk. 53, p. 67); disturbing the peace (Miss. C. §2089-5, 1942); interfering with duties of police officer, contributing to delinquency of a minor (§7185-13, Miss. C. 1942); distributing leaflets without written permission of police chief or mayor in alleged violation of city ordinance, etc. All Defs. timely filed removal petitions in DC; see 55.83a at 73.

Natl. Lawyers Guild Comm. for Legal Assist. in the South, 507½ N. Farish St., Jackson.

55.84. City of Drew, Miss. v. McNair. (Muni. Ct.; ND Miss., ##6430-34) July 1964: 27 COFO workers held civil rights rally during voter registration drive; when church deacon ordered COFO workers out, they continued rally on vacant lot across street; lot owner ordered them off. As they touched the sidewalk, arrested: violation of 2 city ordinances forbidding (1) use of streets for any purpose but "normal, customary and usual pursuits" of everyday life, and requiring written permit from mayor or chief of police for parading or passing out leaflets (Muni. Ord., Oct. 22, 1963); (2) cursing, insulting, deriding, ridiculing, or using abusive language toward police (Miss. C. §2089-5). Defs. filed removal petitions in DC; see 55.84 at 73.

Natl. Lawyers Guild Comm. for Legal Assist. in the South, 507½ N. Farish St., Jackson.

55.84a. City of Drew, Miss. v. Burns, Tecklin, deMoss, Wallace. (Muni. Ct.) Aug. 14, 1964: Non-resident atty. told City Atty. 4 white COFO voter registration workers would live with Negro families. Aug. 14: Mayor Williford issued proclamation: any civil rights worker found in city limits after business hours would be held in jail overnight. Aug. 14: Defs. arrested, kept overnite, released.
55.84b. Burns v. Williford. (Drew) (ND Miss., Greenville Div.) Aug. 24, 1964: Defs. in 55.84a sued Drew city officials alleging conspiracy to nullify constitutional rights and provisions of 1964 Civil Rights Act, and for injunction against enforcement of proclamation.

James B. Wilson, [Asst. Atty. Genl., State of Washington]; C. A. Frerichs, Esq., Waterloo, Ia.

55.85. Cameron v. Johnson. (Hattiesburg.) (SD Miss., #1891-Civ.) (U.S.S.C.) Apr. 13, 1964: Pls.-civil rights leaders sued Def.-Miss. Gov. and other state officials to enjoin enforcement of new Miss. anti-picketing statute (House Bill #546), asked for 3-judge ct. Jurisdictional statement being prepared for U.S.S.C.

Smith, Waltzer, Jones & Peebles, Esqs., 1006 Baronne Bldg., 305 Baronne St., New Orleans; Dixon L. Pyles, Esq., E. Pearl St., Jackson.

55.86. Mississippi v. Hosmen and Mory. (Canton) (Muni. Ct.) May 28, 1964: During voter registration demonstration, 50 Negroes and 2 whites from Natl. Council of Churches arrested: parading without a permit; $500. bond each. Defs. held, unable to learn charges or see attorney who came to jail to confer. Pending.

Carsie Hall, Esq., 115½ N. Farish St., Jackson.

55.87. Michigan v. Chester. (Detroit Rec. Ct., #197472, Mis.) (Mich. Sup. Ct., #50670½) 1963: During picketing at bank protesting racial hiring policies, 40 arrested. During jury selection, Defs. objected to D.A. using peremptory challenge to Negro jurors; Ct. refused to permit defense counsel to make motions for mistrial or to make separate record. Counsel field petition for superintending control in Mich. Sup. Ct. Jan. 14, 1964: Sup. Ct. ordered mistrial declared and case reassigned to different judge.

George Downing, Michael Wahls, Joseph Brown, Esqs., Detroit.

55.88. North Carolina v. Fox. (Greensboro) (N.C. Sup. Ct., #577) (136 SE.2d 761) Defs.-Negroes sat in middle of street during demonstration; arrested: blocking street without a permit; convicted. Spring 1964: N.C. Sup. Ct. granted nonsuit; held ordinance did not apply.

JACKSONVILLE, FLORIDA CASES:

Spring-Summer 1964: Negroes protested public and private discrimination in series of night marches to old slave market downtown. First march without incident; second heckled, third attended with violence, including shotgun blasts at white leader of march. On fourth night, police halted demonstration. Several Klan meetings held, calling for blood and assertion of white supremacy, during which Negroes publicly beaten. Many arrests during swim-ins, tests of equal service in local stores, and preparation for St. Augustine's Quadricentennial Celebration.

55.89. Florida v. Robinson, Dawson, Johnson. (St. Augustine) St. John's Co. Judge's Ct.) 85 Defs. arrested during sit-ins: trespass, conspiracy. 150 Defs. arrested during riot: unlawful assembly, breach of peace. Petitions for habeas and bail filed in DC. See 55.89 at 73.
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55.89a. Florida v. Davidson. (St. Augustine) (St. John's Co. Judge's Ct.) Mar. 30, 1964: Def.-white minister picketing against segregation surrounded by whites, burned with cigarettes. Police officer present, warned Def. if he stopped moving, he would be arrested. Whites blocked Def. Def. arrested: blocking public sidewalk, interfering with lawful orders of officer. Trial pending.
55.89b. Florida v. 88 Defs. (St. Augustine) (St. John's Co. Judge's Ct.) Mar. 31, 1964: Def.-high school students en route to protest meeting arrested: unlawful assembly, inciting to riot. Pending.
55.89c. Young v. Davis, Sheriff. (St. Augustine) (MD Fla., Jacksonville Div., #64-133-Civ.-J) (9 RRLR 590, 1515) Negro-Pl. brought class action under Civil Rights Act for injunction claiming First Amendment violation. June 9, 1964: DC held restriction of night marches unconstitutional as prior restraint, enjoined Defs. from enforcing police orders. June 15: Gov. declared state emergency, established "special police force" to make arrests and maintain "order." June 20: Gov. ordered demonstrations to cease between 8:30 p.m. and sunrise. June 22: DC ordered Defs. show cause why they should not be held in contempt. Jy. 2: DC quashed order.

Report: Rev. Cheney, Eyewitness report of KKK meeting. Sept. 1964. S. Christian Leadership Conf., Report to OAS on Demonstrations.

And see 55.89 at 73., 401.16, 553.Fla.2.

56. Against and Concerning Minors (see also 430)

56.10. White and Cromwell v. Maryland. (Cambridge.) (Md. Ct. of App.) (192 A.2d 777, 194 A.2d 88) Summer 1963: Dorchester Co. Cir. Ct., acting as Juvenile Ct., adjudged 2 Negro minors delinquent. Oct. 8: Md. Ct. of App. reversed, held Defs. denied procedural due process by introduction of prejudicial and irrelevant evidence; released Defs. on condition they not participate in further demonstrations. Def's. motion to set aside conditions field.
56.11. Florida v. A.N.E. (St. Augustine.) (Juv. Ct.; Fla. Dist. Ct. of App., ##E-318—E-321; Fla. Sup. Ct., #33040.) (156 So.2d 525; 158 So.2d 513) July 19, 1963: Juv. Ct. ordered St. Augustine Chief of Police, St. Johns Co. Sheriff and other police officials to bring before him (with their parents) all juveniles found picketing or demonstrating at local businesses; found such activity "detrimental to the health, morals and well being" of juveniles, hence within jurisdiction of ct. to supervise; sent letter to all known local NAACP officials advising them of its action. July 21: Defs.-four Negro juveniles (14 and 16) ordered to appear in Juv. Ct. July 24: After hearing, Juv. Ct. found Defs. had caused breach of peace and violated Fla. trespass law by refusing to leave restaurant when ordered to do so by manager; found Defs. delinquent; ordered them committed to state detention schools when their parents refused to accept condition that Defs. not demonstrate. DC Fla. denied petition for habeas corpus writ for failure to exhaust state remedies. Sept. 3: Defs. moved in Dist. Ct. of App. for release on bail pending appeal; parents now ready to accept conditions. Sept. 11: D.C.A. remanded to Juv. Ct. for consideration of terms of probation. Dec. 1963: Defs. petitioned Fla. Sup. Ct. for habeas corpus, citing delay in Juv. Ct. proceedings. Sup. Ct. (sub nom. Florida ex rel. Singleton v. Walters) dismissed petition: Defs. can get all relief they seek in pending Juv. Ct. action. Juv. Ct. released Defs. pending appeal from its order, on condition Defs. not demonstrate. June 15, 1964: Dist. Ct. of App. dismissed Defs.' appeal from Juv. Ct. adjudication of delinquency: "appellate procedure not complied with." July 3: Defs. petitioned Ct. of App. for clarification of basis of dismissal. Pending.

NAACP Legal Defense & Educ. Fund, 10 Columbus Circle, NYC.

And see Singleton, 553.Fla.2.

56.12. Alabama v. Defs. (Selma.) (Dallas Co. Juv. Ct.) Sept.-Oct. 1963: During demonstrations for voter registration, juveniles arrested; charge: delinquency. Convicted; 1 yr's. probation. 3 adult Defs. arrested; charge: contributing to delinquency of minor; convicted; 1 yr. at hard labor, $300. and $1,000. peace bond (see 59).

NAACP Legal Defense & Educ. Fund, NYC.

And see cases at 51.45.

56.13. City of Americus v. 32 Defs. (Sumter Co., Ga.) (Crim. Ct.) Sept. 1963: Def.-Negro children, in boycott of school to protest arrests and brutality by other youth, marched around Staley Jr. High. Arrested. City ordinance requires arrested persons to pay $23.50 fee plus $2/day board. Pending.
56.14. Florence v. Myers. (Ocala) (MD Fla., #64-3-Civ.-Ocala.) Dec. 20, 1963: Def.-Judge Myers, Marion Co. Juv. Ct., enjoined juveniles from picketing and demonstrating without written consent of Juv. Ct., directed anyone found violating injunction brought before Juv. Ct. Pls.-Negro juveniles and parents sued in DC to enjoin enforcement of Juv. Ct. order (28 U.S.C. §1343(3); 42 U.S.C. §§1981, 1983). Jan. 22, 1964: DC (Simpson, J.) held: (1) Defs.-city and Co. officials proper party Defs.; (2) order of Def.-Myers, issued without notice or hearing, contravened Pls.' First Amendment rights. Jan. 31: DC issued preliminary injunction declaring Juv. Ct. order void, enjoined Defs. from enforcing it.

Francisco A. Rodriguez, Esq., 703 Harrison St., Tampa; Harrison E. Hill, Esq., W. Broadway, Ocala, Fla.; Joseph Hatcher, Esq., Daytona Beach, Fla.

And see St. Augustine cases, 401.14.

57. Against Vagrancy
Case note: Possession of money as a defense to a charge of vagrancy: Fonte v. Tennessee (373 SW 2d 445, Tenn. 1963) 16 Alabama 480-86.
57.3. Louisiana v. Trumpower. (E. Baton Rouge Crim. Dist. Ct.) 1962: Def.-white CORE member arrested for using Negro women's restroom in courthouse; charge: vagrancy. Ct. granted Def's. motion and State ordered to amend information. Charge: vagrancy by refusing employment when offered and by loitering in public place (courthouse) without being able to account for her presence there. Motion to quash pending.

Bruce C. Waltzer, Esq., 1006 Baronne Bldg., 305 Baronne St., New Orleans, for La. CLU.

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57.4. Georgia v. Sherrod and Allen. (Dawson.) Aug. 1962: Def.-SNCC workers accompanied 5 Negroes to voting registrar's office; arrested. Charge: vagrancy. $500. bond each. Pending.

And see 55.37-55.66.

57.9. California v. Sandness, Hill. (Calif. Sup. Ct.) June 3, 1963: Defs. arrested for "loitering" in area "normally used by school children and parents with small children," a public park (Pen. C. §647(a)(2).) Jy. 22, 1963: Muni. Ct. sustained demurrer, held statute unconstitutional: too broad, vague, indefinite, violative of due process. Mar. 1964: Super. Ct. reversed (2-1), certified case to DCA, which affirmed Muni. Ct. on demurrer, construing statute narrowly so as not to apply to Defs.' conduct. Both sides' appeals pending.

Marshall W. Krause, Esq., 503 Market St., San Francisco for N. Calif. ACLU.

57.10. City of Albany v. Harris. (Dougherty Co. Super. Ct.) July 5, 1964: Defs.-SNCC workers refused admission to local swimming pool; asked manager reason for exclusion; arrested at manager's request. July 9: Rec. Ct. convicted Defs. of "idling, loitering and loafing," denied motions to dismiss based on 1964 Civil Rights Act and other constitutional grounds. Appeal pending: (1) Whether Defs. can be convicted solely on evidence of refusing to leave private property promptly when told to do so; (2) whether ordinance, as applied to Defs.' conduct, is void for vagueness; (3) whether it was error for Rec. Ct. to deny Defs.' counsel chance to cross-examine pool owner and present other evidence to bring his business within 1964 Civil Rights Act, Title II; (4) whether state, through its police and courts, are denying equal protection by arresting and prosecuting Defs.

C. B. King, Esq., Box 1024, Albany, Ga.

58. Against Trespassing (see also 541, 542, 551, 552)

58.3. Alabama v. Zellner. (Talladega) (Alabama Sup. Ct.) Apr. 27, 1962: Def.-field secy. for SNCC arrested while getting into an auto to attend SNCC conference in Atlanta. Charge: conspiracy to violate Ala. trespass laws; $2,500. bond. May, 1962: convicted after trial; 6 mths. or $500. Bail $1,500. pending appeal. Intermediate Ct. affirmed. Appeal pending.

Orzell Billingsley, Jr., Esq., 1630 4th Ave. N, and Peter Hall, Esq., Masonic Temple Bldg., both of Birmingham.

And see 55.18, 63.2.

58.6. Alabama v. Student Defs. (Huntsville.) (Ala. Ct. of App.) Jan. 1962: 14 Negro students (Ala. A. & M. College) arrested during sit-in at Walgreen's; charge: trespass. Convicted; 3 mths. and $100. fine each. One Def. also convicted of assault and battery. Cir. Ct. affirmed. Appeal pending.

NAACP Legal Defense & Educ. Fund, Inc., 10 Columbus Circle, NYC.

58.7. Ohio v. Schlesinger. (Xenia.) (Greene Co. Com. Pleas Ct., ##9850-9866) May 18, 1963: 19 Antioch students arrested for sit-in at Gegner barber shop (see 553.Ohio.1); charge: trespass. Aug. 1963: 2 (1 Negro) acquitted; 17 convicted: $35., 30 days (suspended). Issues on appeal: Whether, in a state with a Public Accommodations Act providing remedies for its violation, persons refused service because of color can stage a sit-in to enforce their rights. Pending.

Asher Bogin, Esq., American Bldg., Dayton.

See 553.Ohio.1.

58.12. Georgia v. Rev. A. Jones. (U.S.S.C., #506) June 30, 1963: White Calif. minister, 67, and 3 Negro and white youths attempted to enter Atlanta First Baptist Church on integrated basis; refused admittance; police called; arrested: disturbing divine worship (1792 act). Defense counsel moved to disqualify Judge Pye; motion denied, counsel charged with contempt. Def. convicted; 18 mths. (part at hard labor) and $1,000. Ga. Sup. Ct. affirmed. Aug. 16, 1964: Petition for cert. filed in U.S.S.C. Issues: (1) is Ga. Code §26-6901 unconstitutional on its face; (2) are prejudice and bias of state trial judge a violation of 14th Amendment?

Donald L. Hollowell and Howard Moore, Esqs., 859½ Hunter St. NW, Atlanta.

58.13. Georgia v. Rev. A. Jones, et al. (ND Ga., Atlanta Div.) Fall 1963: 57 Defs., whites and Negroes, attempted to integrate restaurant; arrested: trespass. Some tried in Fulton Co. Super. Ct.; convicted; 18 mths. and $1,000.; (appeal bond: $15,000.) All cases removed to fedl. DC. Pending outcome of Rachel, 58.21.

Donald L. Hollowell, Esq., 859½ Hunter St. NW, Atlanta.

58.14b. U.S. v. Whittlesey. (Dist. of Col. Ct. of Gen. Sess., Crim. #9415-63) Nov. 8, 1963: 8 Defs., including two clergymen, arrested for refusing to leave lobby of Franklin Univ. School of Accounting (private) until school officials agreed to discuss discrimination. Mar. 18, 1964: Jury found Defs. guilty. Defs.' motions for new trial or acquittal pending. Issue: State action in aid of private discrimination, relying on Shelley v. Kraemer.

Scupi and Witt, Esqs., 600 F St. NW, Washington, D.C.

SAN FRANCISCO CASES:

58.15. California v. Hallinan. (San Francisco Muni. Ct., #H 65768, J 65805 - H 65826.) Nov. 2-3, 1963: Negro and white youth (Ad Hoc Comm. To End Discrimination) satin at Mel's Drive-In to protest discriminatory hiring practices; 59 arrested: trespass (Pen. C. §602) and disturbing the peace (Pen. C. §415). Contract signed between Mel's chain and Ad Hoc Comm.; some Negro carhops, bartenders hired immediately. Defs.' demurrer filed; pending.
58.16. California v. Bradley, Gregory. (San Francisco Muni. Ct., ##J 14447, 14140.) Feb., 1964: Hundreds peacefully picketed Sheraton-Palace Hotel to protest discriminatory hiring practices; no arrests. Injunction issued limiting pickets. Mar. 1: Picketing Hotel, 88 arrested: resisting arrest (Pen. C. §148). Mar. 2: Criminal contempt charges filed (Pen. C. §§166.4, 166.5). Defs. filed motion to dismiss or for indefinite continuance because newspaper accounts of statements of state and city officials condemning pickets made fair trial impossible; no ruling. Apr. 3: Ct. dismissed contempt charges because restraining order (63.16) void (under C. of Civ. Proc. §527.) Defs. tried on other charges in groups of 10. See summary at 58.18.
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58.17. California v. Sims. (San Francisco Muni. Ct., ##J 15591, 15602-15701.) Mar. 6-7, 1964: Thousands demonstrated in front of Sheraton-Palace Hotel and in lobby, slept-in; negotiations in progress between S.F. Hotel Assn., United Freedom Movement and Ad Hoc Comm. Mar. 7: When hotel refused to sign, some pickets sat down, locked arms next to main entrance; 171 arrested (9 juveniles): disturbing the peace (Pen. C. §415); other pickets remained. Agreement signed. Defs. demurrer that statutes unconstitutionally applied to civil rights demonstrations denied; motion for dismissal or indefinite continuance because publicity made fair trial impossible denied; motion to disqualify 2 judges denied on procedural grounds (Civil Proc. C. §§170, 446, 2015.5). Defs. tried in groups of 10. See summary of verdicts in 58.18.
58.18. California v. Burbridge. (San Francisco Muni. Ct., #J 24265.) Mar. 16, 1964: Thousands of whites and Negroes picketed outside, sat-in at Cadillac showroom protesting discriminatory hiring practices, allegedly refused to leave when ordered by police, 107 arrested: trespassing (Pen. C. §602), disturbing the peace (Pen. C. §415), unlawful assembly (Pen. C. §407), present at place of riot when ordered to disperse (§409). Agreement signed between S.F. Motor Car Dealers Assn. and NAACP. All defense motions (see 58.17) denied. April 13: 226 arrested. Trials in groups of 10. Apr. 22: 10 Defs. in 58.17 moved for order requiring transcript prepared of portion of proceedings in another trial of 58.17 Defs., so defense attys. could more effectively cross-examine prosecution witnesses who had testified at other trials. Muni. Ct. (Ames, J.) granted motion. Judge in other dept. (Lawless, J.) ordered his reporter not to provide transcript. Apr. 24: Defs. sought prohibition in Super. Ct.; denied. May 1: Asst. DA allowed to interrupt four pending trials for short "Law Day Address" on need for law and order. Defs. objected, moved for mistrial; denied. In all trials, Defs. submitted instructions on malice, on fact Defs. demonstrating in favor of declared state public policy, on First Amendment issues (Edwards, 372 U.S. 229); most such instructions denied. After several acquittals and hung juries in trials where Negro jurors were seated, prosecuting attorneys began peremptorily challenging Negro jurors; 10 Defs. filed removal petition in DC; DC granted motion to remand. In many cases, judges insisted Defs. be present throughout trials, despite usual practice to the contrary in misdemeanor cases; hence, many Defs. lost jobs, flunked courses. 4 lawyers (3 Negro and 1 white) cited for contempt during trials; most charges dism'd. at end of trials. As of July 1: charges against 17 Defs. dismissed for prosecution inability to make positive identification; 88 Defs. pleaded nolo contendere; 212 convicted, 46 acquitted, 108 hung jury verdicts. 29 retried: 10 convicted, 19 hung jury verdicts. Of 161 sentenced on nolo pleas and convictions: modal sentence—30 days and $56 to $200 fine; mean sentence—24 days and $79. All sentences heavier than for non-civil-rights misdemeanant-first-offenders. 5 Negro-Defs., leaders, given heavier sentences than co-defendants. Nolo sentences much lower than others. Appeals to be taken. Counsel in San Francisco cases: Terry A. Francois and Willie Brown, Esqs., 2085 Sutter St.; John E. Dearman, Esq., 683 McAllister St.; Garfield Steward, Esq., 2006 Sutter St.; Joseph Williams, Esq., 995 Market St.; Beverly Axelrod, Richard Werthimer, Vincent Hallinan, Patrick S. Hallinan, Esqs., all of 345 Franklin St.; Francis McTernan, Esq., 341 Market St.; Allan Brotsky, Esq., 45 Polk St.; Jerrold E. Levitin, Esq., Penthouse, Whitcomb Hotel; Joseph Filippeli, Esq., 1606 Stockton St.; Norman Leonard, Esq., 240 Montgomery, all of San Francisco; Malcolm Burnstein, Esq., 1440 Broadway, Oakland; Alexander P. Hoffman, Esq., 1166 Keeler St., Berkeley.

Michael Berger, Esq., 1255 Post St.; Jack Berman, Esq., 995 Market; Frank Brann, Esq., Flood Bldg.; James Carter, Esq., 260 California St.; Ben Davis, Esq., 1095 Market; Herbert Donaldson, Esq., 333 Franklin St.; Hartley Fleischman, Esq., 593 Market; Aubrey Grossman, Esq., 1095 Market; Gordon Gaines, Esq., 123 2d Ct.; Frank Gentes, Esq., 737 Wisconsin St.; James Herndon and Donald Kerson, Esqs., 341 Market; Michael Lewton, Esq., 504 Van Ness; George Martinez, Esq., Mills Bldg.; Lloyd McMurray, Esq., 228 McAllister; Richard Peritz, Esq., 861 Bryant St.; Ted W. Rosenak, Esq., 220 Montgomery St.; Edward Solomon, Esq., 57 Post St.; Edward Stern, Esq., 690 Market; Ruth Harwitz, Esq., 1903 Baker; Phyliss Kassler, Esq., 345 Franklin; Bernard Cohn, Esq., 1255 Post St., all of San Francisco. Acklin Brown and John George, Esqs., 428 - 13th St.; William Belcher and Joseph Morozumi, Esqs., 360 - 22nd St.; Ben Travis, Esq., 428 13th St., of Oakland; Carlton Innes, Esq., 2975 Sacramento and Lemuel Washington, Esq., 3106 Shattuck, both of Berkeley. Harold Bremond, Esq., 801 Welch Rd., Palo Alto. Harold Gross, Esq., 745 Distal Dr., Los Altos. John Thorne, Esq., 510 N. 3d St., San Jose. George Corey, Esq., 201 Broadway Ave., Millbrae.

Amicus appearance by San Francisco Chapter, Natl. Lawyers Guild by Rubin Tepper, Esq., 228 McAllister, San Francisco.

Statement: Aug. 14, 1964: San Francisco Chapter, National Lawyers Guild issued analysis of San Francisco Civil Rights trials: basis, facts, community atmosphere, jury selection, contempt citations of Defs. and attys., sentences, and appeals. Guild office, 228 McAllister St., San Francisco.

58.20. Blow v. North Carolina. (Enfield.) (U.S.S.C., #387) (135 SE.2d 14, 17) Aug. 6, 1963: Defs.-Negroes entered Plantation Restaurant, sat at tables where white customers being served. Aug. 7: Defs. sought to enter restaurant, mgr. locked door, requested them to leave; arrested: trespass (G.S. §14-134); convicted. Mar. 18, 1964: N.C. Sup. Ct. affirmed: (1) statute applicable to Defs.' conduct; (2) conviction does not violate due process and equal protection clauses of 14th Amendment. Aug. 14: Defs.' petition for cert. filed.
58.21. Georgia v. Rachel. (CA 5) May-June 1963: Sit-ins at restaurants in Atlanta; many arrested. Aug. 2: Fulton Co. Grand Jury indicted Defs. for trespass (Ga. Code Ann. Tit. 26 §3005). Feb. 17, 1964: Defs. filed removal petitions in DC; see 58.21 at 73. Pending.

Donald Hollowell and Howard Moore, Jr., Esqs., 859½ Hunter St., NW, Atlanta 30314; NAACP Legal Def. & Educ. Fund, Inc., 10 Columbus Cir., NYC 10019.

See Town of Clinton, 63.11 at 73.

58.23. U.S. v. Ballard. (San Francisco.) (ND Calif., Cr. 39732.) May 1964: Six Defs. demonstrated against American activity in Vietnam at Presidio Army Base; arrested: trespass. DC found Defs. not guilty, held gov't. must show Defs. were aware at time of entry of post regulation prohibiting distribution of anti-war literature; notice after entry and continued distribution do not violate statute.

Patrick Hallinan, Esq., 345 Franklin St., San Francisco.

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58.24. New York v. Collins. (N.Y. Sup. Ct., App. Term) Apr. 28, 1964: Defs.-four young women peacefully picketed Florida pavilion at NY World's Fair; arrested by Pinkerton officers: trespassing (N.Y. Penal Law §2036), disorderly conduct (§722 (2) and (4) ). June 12: Crim. Ct. overruled demurrer, found Defs. guilty; sentences suspended. Oct. 9, 1964: App. Term reversed: (1) held not guilty of violation of §2036 since it forbids unlawful intrusion upon land of another but does not prohibit remaining after being requested to leave after lawful entry; (2) no violation of §722, since Defs. not told to "move on" but to stop picketing and surrender placards; were not standing together so were not "congregating with others"; enough police present to negate likelihood of any breach of peace.

And see Callender, 51.56; Prinz, 51.56a; Farmer, 63.26.

Marvin Karpatkin, Esq., 660 Madison Ave., NYC 21; Janet Johnson, Esq., NYCLU, 156 Fifth Ave., NYC 10.

58.26. Parrot v. City of Tallahassee. (Dist. Ct. of App.) 1963: Defs., 2 white Fla. State Univ. students arrested at sit-in demonstration; trespass. Nov. 1963: Muni. Ct. convicted. June 15, 1964: Leon Co. Cir. Ct. affirmed. Appeal pending.

NAACP Legal Def. & Educ. Fund, Inc., 10 Columbus Cir., NYC.

58.27. New York v. Martinez. (NYC Crim. Ct.) (250 NYS.2d 28) 1964: Defs.-2 Puerto Rican youths, went with several others to NY Co. police hqtrs. to protest police brutality, sat in hallway seeking audience with Police Commr., arrested: (1) unlawful assembly, (2) unlawful intrusion upon real property, (3) resisting arrest (Pen. L. §2092, 2036, 1851). May 20: 3-judge Crim. Ct. acquitted Defs. of (1), convicted of (2) and (3), held title to police hqtrs. is in city of NY, a municipal corporation, those refusing to leave such property on direction of competent agent of corporate entity are guilty of unlawful intrusion upon real property, notwithstanding common characterization of such buildings as "public"; those Defs. carried bodily from building guilty of obstructing officer in performance of duty.
58.28. California v. Wright. (Los Angeles) (Muni. Ct.) May, 1964: During campaign against Proposition 14 (see Lewis v. Jordan, 535.2, IX DOCKET 66, 118), 14 persons demonstrated against discriminatory policies outside meeting of Southwest Realty Board; arrested: trespass (Pen. C. §602 (j) ), and breach of peace (§415). After 7-week jury trial, Defs. acquitted of state charges, convicted of blocking exit (municipal ordinance): 9 Defs.—$50. or 5 days, 5 Defs.—$100. or 5 days plus 10 days suspended and 3 yrs. probation.

Randolph Moore, Jr., Esq., 4038 Buckingham Road; Benjamin N. Wyatt, Jr., Esq., 4213 S. Broadway, both of Los Angeles.

58.29. California v. Farber. (Santa Monica) (L.A. Super. Ct., App. Dept.) July, 1964: CORE members picketed against discriminatory hiring practices of Bank of America, occupied tellers by requesting change for bills, and, following arrest of one, sat in. 13 arrested: breach of peace (Pen. C. §415), trespass (§602(j) ). Trial court overruled Defs.' demurrer challenging constitutionality of Pen. C. secs. on their face and as applied. Trial; all Defs. convicted of trespass: 4 Defs.—30 days, 2 Defs.—5 days; 1 Def. fined, 1 yr. probation. Appeals pending.

Robert G. Schmorleitz, Esq., Hirsch Adell, Esq., 611 Wilshire Blvd., and Laurence Sperber, Esq., 1615 Westwood Blvd., all of Los Angeles; Ross Brown, Esq., 315 S. Beverly Drive, Beverly Hills.

58.30. California v. Okun. (Los Angeles.) (Muni. Ct.) Summer 1964: 15 Defs. staged lie-in on parking lot of L.A. Breakfast Club in protest against White Citizens Council meeting; arrested: breach of peace, trespass. 4 Defs. pleaded nolo contendere; $75. or 5 days, 30 days suspended, 1 yr. probation. Trial without jury: 12 Defs. found guilty; 30 days suspended and 1 yr. probation, $250. or 15 days, $150. or 10 days. Appeals pending.

Harry Nelson, Esq., 412 W. 6th St., and Michael Weiss, Esq., 5673 La Mirada Ave., both of Los Angeles.

58.31. California v. Becker. (Los Angeles.) (Muni. Ct.) Summer 1964: 15 Defs. demonstrated against discriminatory hiring by Van de Kamp restaurant chain; arrested: breach of peace (Pen. C. §415), trespass (§602(j) ), Los Angeles fire ordinance (standing in aisles). Jury trial: acquitted on §§415 and 602(j), convicted on ordinance; 30 days to 6 mths. Appeals pending.

Hugh R. Manes, Esq., 1680 N. Vine St., Hollywood, Leon Goldin, Esq., Los Angeles.

And see 63.27.

58.31a. California v. Gray. (Los Angeles.) (Muni. Ct.) Summer 1964: 8 Defs. arrested at a Van de Kamp bakery: breach of peace, trespass, malicious mischief. Trial: guilty verdict; prosecution moved to dismiss breach of peace charge, granted; acquitted of malicious mischief. 6 Defs.—30 days; 2 Defs—60 days.

Luke McKissack, Esq., Los Angeles.

And see 63.27.

58.32. Mississippi v. Lorrie Smith. (McComb) (Pike Co. Cir. Ct.) Oct. 25, 1964: 14 COFO workers in voter registration drive arrested at COFO hqtrs.: operating a food-handling establishment. Oct. 27: 9 Negroes attempted to register; 1 Negro, 5 white COFO workers also attempted to enter cthouse; Judge ordered Registrar's office closed; 15 arrested: trespass; $100. bond. Pending.
58.33. U.S. ex rel. Tolg v. Grimes, Sheriff. (ND Ga., Atlanta Div., #8895 Civ.) (229 F.S. 289) Je. 1963: Rel.-white sociologist picketed segregated restaurant, allegedly blocked entrance, arrested: trepass (Tit. 26 Ga. C. §3005). May 1964: convicted: 18 mths. and $1,000., suspended after 4 mths. if Rel. signed agreement not to demonstrate illegally. No appeal; Rel. began serving time. Rel. filed petition for habeas corpus in DC. May 1964: DC held: not necessary for Rel. to appeal or file habeas petition in state ct.; statute constitutional on face and as applied in absence of state equal accommodations policy; writ denied.
59. Against Miscellaneous Criminal Activities

59.22. North Carolina v. Crowder, Covington, Lowry, Reape, Mallory. (Union Co. Super. Ct.) Mallory: (184 NE.2d 209, c.d. 372 U.S. 949, c.d. 375 U.S. 935) Week of Aug. 22, 1961: Freedom Riders picketed in court house square protesting discrimination. Aug. 27: White mob attacked pickets; white couple wandered into New Town, main Negro neighborhood, in effort to avoid traffic jam caused by rioting, taken into home of NAACP leader Williams allegedly for safety from excited Negro crowd. Def.-Lowry allegedly moved couple's car. Def.-Williams notified police of white couple's presence. Indictments issued charging Def.-Williams with kidnapping; 4 Negro-Defs. with shooting officer in leg. Def.-Williams sought political asylum in Cuba. Feb. 8, 1962: Ohio Gov. DiSalle signed extradition papers for Def.-Mrs. Mallory. Mar. 4, 1962: Def.-Mallory denied bail pending appeal from Gov's. extradition order and Com. Pleas Ct's. denial of habeas corpus writ. Ct. of App. affirmed; Ohio Sup. Ct. refused to grant motion to certify. Trial of principal case pending extradition case; Defs.' motion for immediate trial under Sixth Amendment overruled. Other Def. motions overruled or pending: challenge to racial composition of grand jury, to inspect grand jury minutes, for change of venue, to quash trial jury because procedure does not permit questioning jurors individually re possible prejudice. Mar. 14, 1963: Def.-Mallory released on $15,000. bail set by Ohio Sup. Ct. after 12 mths. in jail. Mar. 19: U.S.S.C. denied petition for certiorari and continuance of bond. DC refused to grant habeas corpus writ. U.S.S.C. denied cert.; Def. extradited. Feb. 1964: All Defs. tried, convicted: Def.-Mallory—32-40 yrs.; Crowder—14-20 yrs.; Reape—10-14 yrs.; Lowry—6-10 yrs. Defs. free on bond pending appeal.

Conrad Lynn, Esq., 141 Broadway, NYC; William Kunstler, Esq., 511 - 5th Ave., NYC; M. C. Boyette, Esq., Carthage, N.C.; Walter Haffner, Esq., 1010 Standard Bldg., Cleveland (for Mrs. Mallory).

Amicus appearances by Ohio Civil Liberties Union by Ralph Rudd, Esq., 75 Public Square Bldg., Cleveland, and Norman Leonard, Esq., for Natl. Lawyers Guild, 38 Park Row, NYC.

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59.27. Mississippi v. Aaron Henry. (Clarksdale.) (City Ct.) NAACP boycotted white merchants for discriminatory practices. Dec. 7, 1961: 7 Negroes arrested. Charge: withholding trade from downtown merchants in violation of Miss. act prohibiting "conspiracy to prevent others from exercising lawful trade or calling." Released on own recognizance. 1962: Cir. Ct. reversed conviction, remanded. Pending.

Jack Young, Esq., 115 N. Farish, Jackson.

59.27a. Mississippi v. Aaron Henry. (U.S.S.C., #6) (154 So.2d 289, c.g. 376 U.S. 904) 1961: Def., state NAACP pres., arrested for improper advances to white youth; convicted. Cir. Ct. affirmed. On appeal to Miss. Sup. Ct., conviction reversed: search of Def's. car, parked in his driveway, was illegal without warrant, tho Def. was at time of search in custody and Def.'s wife consented and gave police the key. On reconsideration, Sup. Ct. affirmed conviction; tho search unlawful, failure to object at trial waived Def.'s right to have evidence excluded. Feb. 17, 1964: U.S.S.C. granted cert.

And see Collins, 61.23 and Henry, 571.14.

59.31. U.S. v. Gibson. (ED Ky., Jackson, #10,095) June 17, 1963: Defs., Kentucky miners, arrested on charges of violating federal train wreck statute (conspiracy to blow up R.R. bridge). Defs. freed on bail. Def.-Stacey turned State's evidence. Oct. 1963: Federal grand jury indicted 5 miners, 1 dynamite supplier. Feb. 7, 1964: Gov't. filed motion to remove trial from Jackson (coal field area) on ground of impossibility of securing jurors not intimidated by Defs.; DC denied. Jy. 14, 1964: trial date.

Paul O'Dwyer, Esq., 40 Wall St., I. Philip Sipser, Esq., 50 Broadway, both of NYC; Dan Jack Combs, Esq., Pikeville, Ky.

Committee for Miners, 96 Greenwich Ave., NYC.

59.33. Louisiana v. Rev. Davis. (Baton Rouge.) (19th Jud. Dist. Ct., Crim. #47-225) Aug. 1963: Def.-minister of church gassed by state police, arrested for passing worthless check (L.S.A.-R.S. 14:71). Sept. 1963: Ct. denied motion to quash. Def. alleged customary police practice of notifying writers of worthless checks and giving them opportunity, on first offense, to make restitution, not followed here because Def. is leading Negro CORE member and integrationist. Sept., 1963: Ct. denied motion challenging general jury venire because drawn so as to exclude all but token number of Negroes, all of whom could be challenged by State peremptorily. Def. alleged segregation is express policy of Louisiana, (citing preface to 1960 Jt. Resolution on Act 630 to amend La. Const. Art. X and L.S.A.-R.S. 4:5; 4:451; 4:452; 14:79; 15:752; 17:10; 17:443; 17:462; 45:528; 45:529; 45:530; 45:531; 45:532; 45:1301; 45:1303; 23:971; 23:972; 33:5066; 13:917; 33:4558.1; 14:317) so selection of jury venire by reputation, acquaintanceship, and from discriminatory voter registration rolls could not be other than discriminatory. Dec. 1963: Ct. denied challenge to petit jury. Def. alleged Dist. Atty. was member of La. Citizens Council and that Def. had made restitution on worthless check. Def. convicted by all-white jury after 40 minutes deliberation. Appeal pending.

Collins, Douglas and Elie, Esqs., 2211 Dryades St., New Orleans.

PEACE BOND CASES:

In several southern cities recently, civil rights leaders have been arrested and held until they put up peace bonds.

59.34. Lubeck v. Hosea Williams. (Savannah.) (Muni. Ct.) (8 RRLR 1380) Jy. 11, 1963: Negro leader Williams arrested after several citizens swore out warrants against him; after hearing, ordered to put up several bonds at $2,500. each or remain in jail. Jy. 17: Ct. denied petition for habeas corpus writ. Jy. 17-18: Hearings on several other warrants sworn out against Def. Williams; hearings on similar warrants against 30 other Negroes; held: pay $200. bond on each warrant or remain in jail. Aug. 17: Def. Williams released on bond. Sept. 17: 25 other Defs. released after signing statements repudiating violence. Appeals pending.

NAACP Legal Defense & Educ. Fund, NYC.

59.35. Anderson and Long v. Alabama. (Selma.) (Ala. Sup. Ct.) Oct. 1963: Defs. held on peace bonds. Oct. 9: Hearings on petitions for habeas corpus writs; Defs. admitted to bail pending decision. Oct. 25: Ct. refused to grant writs; Defs. recommitted; Nov.: Defs. released after $500. peace bonds posted. Mar. 6, 1964: Ala. Ct. of App. reversed peace bond sentences. State petitioned for rehearing; Ct. of App. denied rehearing. State's petition for certiorari pending in Ala. Sup. Ct.

NAACP Legal Defense & Educ. Fund, NYC.

And see facts at 51.45; Selma cases at 56.12.

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59.35a. Alabama v. Eddie Allen. (Selma.) (SD Ala., #3385-64) July 1964: Defs., 75 SNCC workers and other voter registration workers, arrested: trespass, interfering with a court in session, contributing to delinquency of minor. July 14: All cases removed to DC; see 59.35a at 73. DC ordered all Defs. released on bail set by fed'l. standards. Motion to remand filed, and Defs.' objections to remand. Pending.

NAACP Legal Def. & Educ. Fund, Inc., 40 Columbus Cir., NYC.

And see Lewis, 63.24; Dallas County, 63.24a.

59.36. Mississippi v. Brown. (Walthall City Ct.; ND Miss.) June 20, 1964: Def. driving COFO workers in Webster Co., stopped by Miss. Highway Patrol, cited for reckless driving. June 22: City Ct. ordered Def. to appear June 27. June 26: Def. filed removal petition; see 59.36 at 73.

Natl. Lawyers Guild Comm. for Legal Assist. in the South, 507½ N. Farish St., Jackson.

59.37. Mississippi v. Hancock. (Leflore) (SD Miss. Hattiesburg Div., #1342) Mar. 31, 1964: Def. charged with perjury, for failing to admit felony conviction on voter registration form. Def. served sentence in 1961, claims he had no lawyer and was not guilty of felony. Bond—$5,000. Removed to DC. Pending.

Ben Smith, Esq., 1006 Baronne St., New Orleans.

And see cases at 501.Miss.

59.38. Mississippi v. Kendrick and Goff. (Lauderdale Co.) (Cir. Ct., 10th Jud. Dist.) Oct. 11, 1963: White lawyer filed affidavits charging Defs. committed perjury during trial in U.S. v. Ramsey, 501.Miss.3, 331 F.2d 824. Nov. 1963: Defs. arrested; false swearing under Miss. C. §2155.5; $3,000. bond. Trial set for May 1964.

See Warner, 59.38a.

59.38a. U.S. v. Warner. (Lauderadale Co.) (SD Miss., #1219) (9 RRLR 1101) April 1964: U.S. sued to enjoin state prosecution of Def. in 59.38. DC granted preliminary injunction: under In re Loney, 134 U.S. 372 (1890) and 42 U.S.C. §1971(b), state can not prosecute persons for giving sworn statements to any agency of U.S. Gov't. relating to alleged deprivations of constitutional rights.
59.39. New York v. Fawcett. (NYC.) (Sup. Ct., App. Term, 2d Dept.) 1963: Def.-retired attorney on old age pension continued 14-year practice of feeding pigeons, and caring for injured pigeons in Brooklyn park. Oct. 7, 1963: Def. cited by police for littering (Admin. C. §755(3)-2.1; Health C. §153.01). Oct. 30 and Nov. 11: N.Y. Crim. Ct. convicted Def. on 2 counts; 5-day jail sentence suspended. Appeal pending: (1) Does statute prohibit putting bird food on ground; (2) is evidence sufficient to sustain convictions; (3) does statute deny due process as being unduly vague and restrictive of Def.'s right to feed pigeons?

Janet Ann Johnson, Esq., NYCLU, 156 Fifth Ave., NYC.

60. Civil Sanctions (and Contempt Charges)
61. Against Defamation
Law review articles: Edmond Cahn, Defamation control v. press freedom: A current chapter in Israel, 13 Journ. of Pub. Law 3-15.

Willard H. Pedrick, Freedom of the press and the law of libel: The modern revised translation, 49 Cornell 581-601.

Comments: Privilege to republish defamation, 64 Colorado 1102-20.

The choice of law in multistate defamation: a functional approach, 77 Harvard 1463-84.


61.9. N.Y. Times v. Sullivan. (376 U.S. 254.) Facts: VIII DOCKET 42; IX 42, 82. Case notes: 25 U. of Pittsburgh 752-55, 42 Texas 1080-85, 50 Iowa 170-6, 48 Marquette 128-35.
61.9a. Commer. James v. The New York Times, Rev. Shuttlesworth, et al. (Montgomery Cir. Ct.) 1960: $500,000. libel suit filed by Pl.-City Commr. against Def.-paper for printing ad signed by Def.-ministers critical of handling of race relations in Montgomery, similar to Sullivan, 61.9. Jan. 31, 1961: during trial, Negroes sat in courtroom on unsegregated basis. Feb. 1: Trial Judge issued order for segregated seating, overruled Negro-Defs.' motion for mistrial under Fourteenth Amdt. Feb. 2: all-white jury awarded Pl. $500,-000. libel judgment. Jy. 2, 1964: after U.S.S.C. decision in Sullivan, Defs. moved for new trial. Cir. Ct. denied motion: Defs. should have renewed it every 30 days. Pending.
61.9b. Commr. Park and Patterson v. The New York Times. (U.S.S.C.) (308 F.2d 474; c.d. 376 U.S. 949) Facts, issues same as 61.10. Mar. 23, 1964: U.S.S.C. denied cert.
61.10. Gov. Patterson v. The New York Times, Rev. King, Shuttlesworth, et al. (Montgomery Co. Ct.) $1,000,000. libel suit filed by Gov., ex officio chairman, State Bd. of Educ., based on same facts as 61.9; pending. Def.-newspaper printed retraction of statement alleged to be false in advertisement. Apr. 13, 1961: Def. filed removal petitions, alleging Def.-Ala. Negro ministers joined as parties Def. solely to prevent removal to federal ct.; Def.-ministers contend their names appeared in NY Times adv. without their consent. DC overruled Pls.' motion to remand to state ct. Sept. 18, 1962: CA 5 reversed (2-1), held Pls. presented sufficient evidence that Def.-Ala. ministers not joined fraudulently to give state ct. jurisdiction. Pending.
61.11. The New York Times v. Connor, Birmingham, and Bessemer City Commrs. (CA 5) (310 F.2d 133) May 6, 1960: Birmingham's 3 City Commissioners and Bessemer City Commrs. each filed $500,000. libel suits against Def.-newspaper and reporter charging publication of Apr. 12, 1960 article re City's race relations "with intent to defame" Pls. "falsely and maliciously". Sept. 1, 1960: DC held Def.-newspaper could be found in and therefore could be served with libel suits in Ala. Je. 14, 1961: CA 5 reversed and remanded. Mar. 19, 1962: DC dismissed amended complaints attempting to correct error found by CA. Nov. 16, 1962: CA 5 affirmed. Sept. 18, 1964: DC dismissed 2 suits, allowed trial to continue on third suit.

Beddow, Embry and Beddow, Esqs., Birmingham, Ala.

61.17. Franklin v. Paradise American Legion Post 259. (Butte Co. Super. Ct., Calif., ##39103, 39906) Feb. 1962: Pl.-social studies teacher took group of students to human rights conference sponsored by Am. Friends Service Comm. Feb.- Oct. 1962: Def.-Legion and officers wrote letter to newspaper attacking conference, allegedly attacked Pl. in written and spoken statements. Oct. 1962: Pl. won patriotism award from Natl. Freedoms Foundation. Oct. 21, 1962: Pl. sued for defamation, $850,000 damages. Feb. 20-21, 1964: Calif. Assembly Comm. hearings (Ryan) on alleged attacks on Pl. and academic freedom. Apr. 17: Ct. dismissed 13 charges, ordered 13 Defs. to answer 7 charges.

Robert Hoffman, Esq., 179 E. 6th St., Chico, Calif.

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61.18. Pauling v. Anti-Communist League of York Co. (MD Pa., #7940.) Nov. 30, 1962: Pl. filed suit for damages, alleging that Def. referred to Pl. as "an identified Communist." Pending.

James E. O'Brien, Esq., Scranton Life Bldg., Scranton, Pa.; Henry W. Sawyer III, David W. Maxey, Drinker, Biddle and Reath, Esqs., 1100 Phila. Natl. Bank Bldg., Philadelphia.

61.18a. Pauling v. National Review. (N.Y. Sup. Ct.) 1963: Pl. filed suit charging that articles printed in Def.-magazine branded him "a traitor, a collaborator with subversive foreign and alien elements. . . ." Suit asks $1,000,000. damages.

Michael Levi Matar, Esq., 103 Park Ave., NYC.

61.18b. Pauling v. News Syndicate Co. Inc. (U.S.S.C., #634) (335 F.2d 658) Pl. filed suit against Def.-publisher of NY Daily News seeking $500,000 damages for allegedly defamatory editorial comment about him. 1963: Trial resulted in verdict for Defs. CA 2 affirmed. Pl's. petition for cert. pending.
61.18d. Pauling v. St. Louis Globe-Democrat. (ED Mo., E. Div. #61 C 312(3).) 1961: Pl. filed suit for publication of allegedly defamatory letters. Mar. 19, 1964: Decision for Def. Pl's. post-trial motions pending.

John R. Green, Esq., Boatmen's Bank Bldg., St. Louis.

61.19. Brent v. Singlemann, Citizen's Council of New Orleans. (ED La.) June, 1963: Pls.-faculty members at La. State Univ. filed suit charging they had been held up to "disrepute, ridicule and contempt" in statements made by Def. after they signed petition protesting "Americanism" program broadcast on TV station owned by school system. Pending.
61.20. Harper v. National Review and Buckley. (NYC Sup. Ct.) Pl.-Yale Law prof. sued Defs. for falsely labeling him a "Communist and Communist-fronter," seeks $500,000 damages. Aug. 1963: Pl. moved to vacate Defs.' demand for bill of particulars. Pending.

Michael L. Matar, Esq., 29 Broadway, NYC.

61.22. Normile v. Am. Medical Assn. (DC DC, #CA 2806-23.) Def's. Am. Medical Political Action Comm. distributed phonograph record containing voice alleged to be that of Pl., chairman of AFL-CIO Comm. for Political Education using high pressure tactics to collect $146,000. from Pittsburgh unionists. Nov. 1963: Pl. sued for $400,000 damages, alleged voice and speech not that Pl's. chairman. Pending. Faller, Bredhoff and Anker, Esqs., 1001 Conn. Ave. NW, Washington, D.C.
61.23. Collins and Pearson v. Henry. (U.S.S.C., ##89, 90) (158 So.2d 28) Def.-Negro pharmacist, Miss. NAACP pres., arrested on morals charge (59.27a); convicted; allegedly said charge was "diabolical plot cooked up" by Pls.-police chief and Co. Atty. Pls. sued for libel; after trial, $15,000. judgment against Def. Dec. 2, 1963: Miss. Sup. Ct. affirmed. Petition for cert pending.

Young and Halls, Esqs., 115½ N. Farish St., Jackson, Miss.; Robert L. Carter, Esq., NAACP, 20 W. 40th St., NYC.

And see Henry, 59.27, 59.27a, 571.14.

61.24. City of Gadsden v. Am. Broadcasting Co. (Etowah Co. Ct., #9072) Aug. 1963: During demonstrations (see 63.10, 63.10a), Def. allegedly quoted Mayor Gilliland praising Negroes as civil rights heroes; Mayor says Marlon Brando made quoted comment. Pl. filed $1,000,000. libel suit. Settled.
61.25. Goldmark v. Holden. (Okanogan Super. Ct., Washington.) Sept. 1962: Pl.-candidate for Washington state legislature and wife sued local newspaper publisher, operator of "private intelligence agency," and John Birch Society members for calling Pls. "Communists" and members of ACLU, "Communist-front". Jan. 22, 1964: After 2½ mth. trial, jury held for Pls., found $40,000. damages. Defs.' motion for new trial or judgment notwithstanding verdict pending.

R. E. Mansfield, Esq., Okanogan, Washington; William Dwyer, Esq., 812 Hoge Bldg., Seattle.

Amicus brief by Charles Horowitz, Esq., Northern Life Tower, Seattle.

61.26. John Birch Society and Welch v. NBC. (Fort Worth.) (ND Tex., CA-4-336, 337) Oct. 6, 1964: Pls. sued for libel and slander, alleging Chet Huntley and David Brinkley linked Pls. to criminal conspiracy to purchase arms; seek $4 million damages. Pending.
62. By Injunction in Labor Disputes
63. By Injunction in Racial Situations (see also 40)

63.2. Alabama ex rel. Atty Genl. Gallion v. Gray. (Talladega Co. Cir. Ct., #9760.) (7 RRLR 449) Apr. 28, 1962: After 50 arrests in desegregation demonstrations (55.18), Cir. Ct. issued broad restraining order against further demonstrations by Def.-students, professors, local and out-of-state organizations and reporters. Oct. 1962: 2 week trial on granting of permanent injunction; State examined 10 witnesses. Trial adjourned til Feb. 4, 1962, with restraining order still in effect. Feb. 7, 1963: State moved to dismiss most out-of-state Defs., incl. 2 reporters; granted. Defs. filed amended answers alleging State entered case with "unclean hands" (see CIVIL RIGHTS HANDBOOK form at §4-16.) Jy. 1, 1963: Ct. dismissed Talladega faculty as parties, permanently enjoined all others from doing or conspiring to do unlawful acts: street parades, demonstrations, boycotts, trespassing, assembling, picketing in City. Appeal pending.

Charles Morgan, Jr., Esq., Atlanta; Peter Hall, Esq., 1630 4th Ave. N., and Arthur Shores, Esq., A. G. Gaston Bldg., both of Birmingham; Charles Conley, Esq., 530 S. Union St., Montgomery; Bishop C. Ewbank Tucker, Esq., 422 S. 6th St., Louisville; John Coe, Esq., 205 Bell Bldg., Pensacola; Victor Rabinowitz, Esq., 30 E. 42nd St., NYC. NAACP Legal Def. & Educ. Fund, Inc., 10 Columbus Circle, NYC.

And see 55.18.

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63.3. Mitnick d/b/a/ Central Fourth Street Drugs v. Fair Share Organization. (U.S.S.C., #346) (198 NE.2d 765) Suit by employer to enjoin Def. from picketing to protest Pl.'s hiring practices, and for $25,000 damages. Nov. 11, 1961: Super. Ct. issued temporary injunction, held this racial, not labor, dispute and hence not within anti-injunction statute. Mar. 19, 1963: App. Ct. affirmed granting of injunction, held picketing unlawful because it sought to replace white employees with Negroes, in violation of state F.E.P. Act. Ind. Sup. Ct. affirmed grant of injunction and $5,000. damages. Oct. 12, 1964: U.S.S.C. denied cert.

Hilbert L. Bradley, Esq., 1649 Broadway, Gary, Indiana; Charles P. Howard, Jr., Esq., 1300 American Bldg., Baltimore.

63.3a. Fair Share Organization v. Philip Nagdeman & Sons. (East Chicago, Ind.) (U.S.S.C., #106) (191 NE.2d 1; 193 NE.2d 257.) Feb. 1962: Pet. demanded Resp. stop discrimination, hire Negro salesman; Resp. refused; Pet. picketed Resp. Aug. 11: Resp. sued for injunction against picketing and damages. Mar. 21, 1963: Cir. Ct. held for Resp.: $10,000 and costs and permanent injunction against picketing. Apr. 5: Pets. sought writ of mandate in Ind. Sup. Ct. requiring Cir. Ct. to enter findings and conclusions denying relief sought by Resp. June 14: Ind. Sup. Ct. denied writ (sub nom. Indiana ex rel. Fair Share Org. Inc. v. Cir. Ct.); mandate is improper remedy. Oct. 22, 1963: App. Ct. affirmed Cir. Ct. Feb. 25, 1964: Sup. Ct. denied petition to transfer. Pet. filed petition for cert. in U.S.S.C. Issues: (1) whether judgment denies Pet.'s First and 14th Amendment rights; (2) whether labor dispute is involved, making Indiana statutes relied on by trial and appellate cts. inapplicable. Oct. 12: U.S.S.C. denied cert.

Hilbert L. Bradley, Esq., 1649 Broadway, Gary, Ind.; Charles P. Howard, Jr., Esq., 1300 American Bldg., Baltimore.

And see 63.3 and 55.4, 55.4a, 55.4b (V DOCKET 23—VIII DOCKET 38).

63.4. B & B Cash Grocery Stores, Inc. v. Young Adults for Progressive Action. (Hillsboro.) (Fla. Dist. Ct. of App.) (151 So.2d 877) Jan. 1961: Def.-organization began picketing Pl. for change in policy of hiring Negroes only in menial jobs. Aug. 1961: Pl. sued for injunction against all picketing, $125,000. compensatory, $50,000. punitive damages. Sept. 1, 1961: Ct. denied Def's. motion to dismiss, found no labor dispute between parties, took judicial notice Fla. has not passed proposed FEP Act, held peaceful picketing to force employer to hire Negroes unlawful and not free speech. Feb. 21, 1962: After h'g., Ct. made injunction permanent, taxed costs to Def. 1963: Dist. Ct. of App. denied appeal.

Francisco A. Rodriguez, Esq., 703 Harrison St., Tampa, Fla.

63.5. Kelley v. Page. (Albany, Ga.) (CA 5, #20720) (321 F.2d 649; 9 RRLR 1115) 1962: Pls.-Mayor and city officials sued to enjoin demonstrations against segregation. 1963: DC denied injunction on grounds of mootness, demonstrations having ceased for the most part. City appealed. 1964: After remand to DC for findings of fact, CA 5 dismissed. and

Anderson v. City of Albany. (Albany.) (CA 5, #20711) 1962: Pls. sued to enjoin maltreatment, arrest of demonstrators peacefully protesting segregation. 1963: DC dismissed complaint: case moot. July 1964: CA 5 reversed, ordered injunction issued against those thwarting demonstrators. DC issued injunction against indiscriminate arrests of peaceful demonstrators and those marching 2 abreast properly spaced and observing traffic signals. No appeal.

C. B. King, Esq., Box 1024, Albany, Georgia; NAACP Legal Def. & Educ. Fund, Inc., 10 Columbus Cir., NYC.

U.S. Department of Justice amicus for civil rights groups in early stages of cases.

63.7. City of Birmingham v. Walker. (Ala. Sup. Ct., 6th Div., #999.) (8 RRLR 436; 217 F.Supp. 947) April 1963: Civil rights demonstrations began: participating students dismissed from school (24.32); fedl. troops deployed. Apr. 10: Cir. Ct. granted City a temporary injunction forbidding Negro leaders from "engaging in, sponsoring, inciting or encouraging mass street parades . . . without a permit, trespass on private property . . ., congregating . . ., unlawfully picketing business establishments . . .". Demonstrations continued. Apr. 26: 11 Negro leaders found guilty of contempt; 5 days and $50. (if not paid, 20 days hard labor). May 15: Ala. Sup. Ct. granted stay on filing of $1,000. for each Def., granted petition for cert.

Arthur D. Shores, Esq., 1527 Fifth Ave. N.; Orzell Billingsley, Esq., 1630 4th Ave. N., both of Birmingham; NAACP Legal Defense & Educ. Fund, Inc., 10 Columbus Circle, NYC.

And see 55.77-55.77h.

63.8. City of Jackson v. Salter. (Hinds Co. Chancery Ct., 1st Jud. Dist., #63,429.) (8 RRLR 433; 374 U.S. 818) May 1963: Civil rights demonstrations began. June 6: Chancery Ct. granted temporary injunction against NAACP, CORE, Tougaloo Univ. trustees and named Defs. restraining them from engaging in, sponsoring, inciting, encouraging or conspiring to cause mass street parades, trespassing on private property, unlawful picketing of business places, or acts calculated to cause breaches of the peace. June 10: Miss. Sup. Ct. denied Defs.' motion for dissolution or stay of execution. June 14: U.S.S.C. denied dissolution or stay. Jy. 17, 1964: record forwarded to Miss. Sup. Ct.

Jack Young, Esq., 115½ N. Farish St., Jackson, Miss.

63.8a. NAACP v. Thompson (Jackson.) (CA 5) (321 F.2d 199) Spring 1963: Negro demonstrators sued to enjoin their arrest under state and city laws. DC denied injunctive relief. CA 5 denied injunction pending appeal because issues and disputed facts in trial record justified DC's failure to rule without extensive study. Jan. 10, 1964: DC denied preliminary injunction. Feb. 3: Trial began. Pls. put on 49 witnesses in support of allegation that Defs. suppress all protest against segregation. Feb. 28: Trial completed. June 1: DC denied all relief, dismissed complaint. Appeal pending.

NAACP Legal Defense & Educ. Fund, Inc., 10 Columbus Circle, NYC.

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63.9. Zellner v. Lingo. (CA 5, MD Ala., #Civ. 1924-N.) (218 F.Supp. 513; 334 F.2d 620.) May 3, 1964: Pl.-white SNCC worked sued to enjoin arrest and prosecution of Negro and white "freedom walkers" attempting to follow route of slain William Moore, to deliver letter to Ross Barnett; and to halt enforcement of state court injunction against the walk. June 10, 1963: DC granted Defs.' motion to dismiss. July 1964: CA 5 affirmed.

NAACP Legal Def. & Educ. Fund, Inc., 10 Columbus Cir., NYC.

And see Hanson, 51.60.

63.10a. Ex parte Marvin Robinson (Gadsden.) (Ala. Sup. Ct.) June 17, 1963: Cir. Ct. granted State's motion for injunction against national and local civil rights organizations and individuals, ordered Defs. to show cause Jy. 8 why they should not be held in contempt. Defs. filed petition for removal to DC. DC denied removal petition, remanded cases to state ct. Cir. Ct. ordered police to arrest and jail demonstrators under injunction without contempt citations or hearings. Jy. 26, 1963: After hearing on habeas corpus petitions for release of demonstrators, Cir. Ct. denied petitions. Ala. Ct. of App. reversed, held Cir. Ct. decision denied due process. Nov. 12, 1964: State petitioned Ala. Sup. Ct. for cert.; pending.

Oscar Adams, Esq., 1630 4th Ave. N., Birmingham; NAACP Legal Defense & Educ. Fund, 10 Columbus Circle, NYC.

63.11. CORE v. Town of Clinton. (CA 5, #20960) 1963: La. Dist. Ct. issued temporary restraining order against CORE picketing of white businesses. 42 Negroes arrested for contempt of state court order. Aug. 28, 1963: CORE removed to DC. For details of removal, see 63.11 at 73.

Murphy Bell, Esq., 971 E. 13th St., Baton Rouge, La.; William M. Kunstler, and Arthur Kinoy, Esqs., 511 5th Ave., NYC; Nils R. Douglas and Robert F. Collins, Esqs., 2211 Dryades St., New Orleans; Carl Rachlin, Esq., 164 W. 46th St., NYC; Floyd B. McKissick, Esq., 213½ W. Main St., Durham, NC.

63.14. Porzio v. Williams. (Savannah.) (Super. Ct.) Pl.-restaurants sought temporary restraining orders against organizations and individuals sitting-in; issued. June 15, 1964: At hearing on Def's. motion to dismiss for want of service, Super. Ct. gave Pls. 30 days to get proper service, denied motion to dismiss. Pending.

NAACP Legal Defense & Educ. Fund, NYC.

63.17. Burford v. Nonviolent Action Comm. (Inglewood, Calif.) (L.A. Co. Super. Ct., #SWC 3816.) Jan., 1964: Pls.-owners of drive-in restaurant sued for temporary restraining order and permanent injunction against picketing, alleging prior picketing had cut business 75% forcing Pls. out of business. Super. Ct. granted temporary restraining order; 15 pickets arrested. On hearing, Ct. dissolved order, dismissed contempt citations, refused to issue injunction. Trial date: Dec. 16, 1964.

Wirin and Okrand, Esqs., 259 S. Spring St., Los Angeles.

63.18. Long v. Isen. (L.A. Super. Ct.) 1963: Pl.-publisher of Socialist Labor Party newspaper sued Def.-mayor of Torrance for injunction against interfering with sale of paper and damages for past interference. Super. Ct. granted temporary restraining order. 1964: Super. Ct. dismissed damage action.

Wirin and Okrand, Esqs., 259 S. Spring St., Los Angeles.

63.20. Levitt & Sons, Inc. v. Prince George's Co. CORE. (Co. Cir. Ct.; DC Md., #14942.) (221 F.Supp. 541, 8 RRLR 1386.) Aug. 16, 1963: Pl. sued, alleging he built tract of homes, did not want to sell to Negroes, but Def.-CORE chapter planned demonstrations against Pl. including trespass on property; asked for injunction. Cir. Ct. issued temporary injunction. Aug. 23: Defs. filed petition for removal to DC (28 U.S.C. §1441). Sept. 17, 1963: DC remanded to Cir. Ct.: (1) neither diversity nor federal claim appears in Pl's. complaint; (2) Defs. failed to show their civil rights denied under color of state law.
63.21. San Diego Gas & Electric Co. v. CORE. (4th Dist. Ct. of App., Civ. #7650.) Jan. 1964: Pl. sued for injunction against mass picketing and sitting-in in protest of Pl.'s allegedly discriminatory hiring practices. Jan. 17: Super. Ct. granted preliminary injunction. Pls.' appeal pending in DCA. Issues: (1) Is scope of injunction excessive, violating First Amendment? (2) Is rule of Hughes v. Superior Court, 339 U.S. 460, inapplicable to present conditions? (3) Has state FEPC exclusive jurisdiction?

John W. Porter, Esq., 1346 Garnet Ave., San Diego.

63.22. Bank of America v. CORE. (San Diego Co. Super. Ct., #286777.) June 1964: Pl. sued for injunction against mass picketing, "stalling-in" (pickets stand in line at teller's windows to change bills into small change, etc.) and other trespass. June 26: Temporary restraining order issued. Issues same as 63.21. Pending.

John W. Porter, Esq., 1346 Garnet Ave., San Diego.

63.22a. California v. Brown. (San Diego.) (San Diego Muni. Ct.) July 1964: Defs.-10 CORE members arrested at Bank of America, charged with trespass (Penal C. §602(j), (1)) and wilful violation of temporary restraining order (Penal C. §166 (4)). Sept. 1964: 3 Defs. convicted on both counts.

John W. Porter, Esq., 1346 Garnet Ave., San Diego.

63.22b. California v. Von Blum, Phillips. (San Diego Muni. Ct.) Facts same as Brown, 63.22a. Muni. Ct. convicted Defs.—two CORE members—of trespass, violation of injunction in 63.22, set conditions of probation: Defs. must write papers on Bank of America, Pacific Southwest Airlines, and racial discrimination in unions, papers to be judged by panel appointed by Muni. Ct. Defs. moved to stay execution on probation order pending appeal. Muni. Ct. granted motion. Appeal pending on all issues.

Thad Williams, Esq., Mary Harvey, Esq., both of San Diego.

63.23. Petitions of Curtis, Ford and Grand (formerly Jefferson Bank & Trust Co. v. Curtis, CORE.) (St. Louis.) (ED Mo. ##64 C 52(3), 64 C 53(2), 64 C 54(3)) (374 SW.2d 557; 227 F.Supp. 438) Aug. 30, 1963: Pl. bank sued, alleging threat of "direct action" by CORE if it did not hire Negro tellers, sought injunction against picketing and sitins. Cir. Ct. issued temporary restraining order. Aug. 30: 100 members and supporters of Def.-CORE picketed Pl., blocked doors of Pl.'s bank. Oct. 4 and 5: CORE continued
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demonstrations. Cir. Ct. found 19 persons in contempt; up to 1 yr. and up to $1000. Dec. 6: Cir. Ct. issued permanent injunction, barring interference with Pl.'s business by conduct inside or outside bank. Jan. 15, 1964: In original proceedings in habeas corpus filed by contemners, Ct. of App. found (sub nom. Curtis v. Tozer) overwhelming evidence of guilt of 15 contemners: (1) dispute between CORE and bank not a "labor dispute," so state ct. has jurisdiction; (2) sentences not cruel and unusual punishment—contemners are school teachers, attorneys and college students and hence aware of nature of conduct; (3) All Defs. had notice of order; (4) due process not denied by appointing officers of bank as special prosecutors; (5) Pets. not denied counsel while in custody, detained under excessive bail or denied adequate time to prepare defense; (6) Pets. properly tried for criminal, rather than civil, contempt because essence of proceedings was to vindicate supremacy of law. Mo. Sup. Ct. denied petition for habeas corpus. Feb. 7, 1964: Pets. sought habeas corpus in DC. In spite of fact Mo. law allows no appeal from conviction of criminal contempt, DC refused to exercise jurisdiction until Pets. exhaust all remedies available in state courts by seeking certiorari in U.S.S.C. re denial of habeas corpus, denied bail pending appeal. March 2, 1964: CA ordered Pets. released on bail, some on own recognizance. March 5, 1964: CA reversed and remanded: Pets. have exhausted state remedies, Fay v. Noia, 452.1, 372 U.S. 391. Pending.
63.24. Lewis v. Clark. (SD Ala., #C.A. 3386-64) July 1964: Pl.-SNCC chairman sued to restrain sheriff, chief of police, Selma city officials from making arrests which would interfere with voter registration drive (59.35, 59.35a). DC denied temporary restraining order concerning arbitrary bail practices of Defs. Pls. appealed to CA, but abandoned appeal after bail issue settled in their favor. (59.35a.) Pl's. motion for preliminary injunction against other practices of Defs. pending.

And see 63.24a.

63.24a. Dallas County v. SNCC. (Dallas Co. Dist. Ct.; SD Ala., #C.A. 3388-64) Co., its officials and others sued to enjoin SNCC and individuals in civil rights activity, and Ku Klux Klan and similar organizations from certain actions. July 9, 1964: Dist. Ct. granted injunction. SNCC removed to DC, 28 U.S.C. §1441, moved to dissolve order; Pls. moved to remand. Motion to remand and to dissolve pending.
63.25. U.S. v. McLeod. (SD Ala., N. Div., Civ. #3188) (229 F.Supp. 383) U.S. sued to enjoin Dallas Co. White Citizens Council and other groups from intimidating prospective voters, other Defs. from requiring U.S. Attys. to appear before Dallas Co. grand jury. CA 5 mandated DC to issue temporary restraining order re grand jury appearances. Mar. 19, 1964: DC refused to issue temporary restraining order re grand jury appearances, found voting rights questions had been disposed of in U.S. v. Dallas Co., 501.Ala.13: (1) attorneys of Civil Rights Division of Justice Dept. have no immunity from process of county grand jury; (2) DC will enjoin such process only on clear showing grand jury inquiry was not instituted in good faith; (3) distraction of attys. from their duties is immaterial. Pending.
63.26. Farmer v. Moses. (SD NY) (232 F.Supp. 154) May 20, 1964: NAACP Legal Defense and Educ. Fund, Inc. requested by telegram permission to engage in peaceful picketing and distribution of literature in public areas near Fla. and La. pavilions on opening day of NY World's Fair. Fair Corp. did not reply. Pl. sought mandatory injunction to compel Fair Corp. to permit exercise of constitutionally-protected rights. DC held: clear state involvement in Fair sufficient to bring actions of Fair Corp. within ambit of Fourteenth Amendment; Corp's. regulation prohibiting demonstrations, picketing and handbill distributions without prior permission unconstitutional restriction (arbitrary and vague). DC enjoined Corp. to allow handbill distribution in certain public areas; held it reasonable not to permit picketing because of quasi-private character of Fair, expected crowd density, convenience of visitors.

And see Collins, 58.24.

63.27. California v. Defs. (Los Angeles.) (Super. Ct.) June, 1964: Van de Kamp restaurant chain sought preliminary injunction forbidding monopolizing of tables by members of Non-Violent Action Committee in demonstrations against allegedly discriminatory hiring practices. Super. Ct. granted injunction. 5 demonstrators arrested: contempt for violation of injunction: 5 days suspended for each violation.

Arthur A. Brooks, Jr., Esq., 5455 Wilshire Blvd., Los Angeles.

And see Becker, 58.31; Gray, 58.31a.

64. Against Miscellaneous Activities

64.4. Reed v. CORE. (Cir. Ct., Etowah, Alabama, #8795.) June 19, 1963: Pl.-white woman sued for damages, alleging battery by group of demonstrators as she passed them on sidewalk. Cir. Ct. entered default judgment against unknown, non-appearing Defs.
64.5. Norton v. McShane. (Mississippi.) (CA 5, #20722) (332 F.2d 855, 9 RRLR 542) Oct. 1962: Pls.-white citizens of Mississippi sued Defs.-officials of Justice Dept. in Lafayette Co. Cir. Ct. for unlawful arrest and detention during Univ. of Miss. disturbances re admission of Meredith, 522.Miss.1. Defs. removed to DC. June 7, 1963: DC granted Defs.' motion for summary judgment, dismissed. June 1, 1964: CA 5 affirmed: (1) undisputed affidavit shows Defs. acting in official capacity; (2) Defs. immune from suit as long as acting within outermost perimeter of their duty; (3) 42 U.S.C. §1938 grants remedy only to those denied right, privilege or immunity under color of state or territorial law; (4) 42 U.S.C. §1985(3) (conspiracy to deny civil rights) gives remedy only in cases of purposeful discrimination, which Pls. did not allege. Gewin, J., diss.
64.6. Faneca v. U.S. (CA 5, #20906) (332 F.2d 872) Pl.-white Univ. of Miss. student sued U.S., Deputy Atty. Genl. and Chief of Exec. Office of U.S. Marshals for injuring him with tear gas during Oct. 1962 Univ. of Miss. disturbances, see 522.Miss.1, .1a, .1b. Aug. 1963: DC denied Defs.' motion for summary judgment, certified questions of law to CA 5. June 1, 1964: CA 5 reversed, directed DC to grant Defs.' motion for summary judgment: (1) Defs. immune from personal liability as acting within their discretionary power; (2) U.S. immune as Fedl. Tort Claims Act bars recovery for intentional torts, and battery is essence of Pl's. allegation.
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70. Procedural Problems
71. In Alleging Standing to Sue
72. In Raising and Preserving Constitutional Questions
Comment: Right to return to federal courts. 42 S. Carolina 936-46.
73. In Removing from State to Federal Courts

73.1. Lefton v. City of Hattiesburg. (SD Miss.) (333 F.2d 280) 1964: 6 ministers arrested for violating new state statute (misdemeanor for individual or group to picket before any public bldg. with intent to intimidate). Fedl. DC Clerk refused to accept petition to remove cases (28 U.S.C. §1443) for filing. Defs. filed alternative petition for writ of mandamus in CA 5 to coerce DC Judge to file removal petition. June 5, 1964: CA 5, per Wright J. (sitting by designation) held: (1) question of separate removal petitions for each prosecution is matter for informed discretion of DC, 28 U.S.C. §1446(a); (2) filing fees and removal bonds are not authorized in criminal removal cases, 28 U.S.C. §§1914, 1446(d); (3) local counsel have been found to associate with Pets.' chosen counsel, but waiver of local rules requiring this, or admission pro hac vice, should be allowed when it is alleged that local counsel are not available to associate, Button, 204.4a, 371 U.S. 415. Ct. declined to issue mandamus as DC had indicated in memorandum that it would comply with views of CA. Pending in DC.

Smith, Waltzer, Jones & Peebles, Esqs., 1006 Baronne Bldg., New Orleans; Kunstler, Kunstler & Kinoy, Esqs., 511 Fifth Ave., NYC.

See additional facts at 372.

73.2. North Carolina v. Francis. (Elizabeth City) (N.C. Sup. Ct.) (134 SE2d 681.) Nov. 1963: Defs. arrested: trespass. Defs. filed removal petition (28 U.S.C. §1443) in DC, with copy to trial judge. Trial judge wrote "motion denied" on his copy, tried and convicted Defs. Feb. 26, 1964: Sup. Ct. reversed: In 1948, Congress amended 28 U.S.C. §1443 to provide that DC, not trial court, pass on criminal petitions; when petitions filed in DC, state court loses jurisdiction and all acts after filing are void.
73.3. North Carolina v. Alston. (Greensboro) (MD N.C., Greensboro Div., Cr. #M-1-64) (227 F.Supp. 887) March 1964: Defs. arrested for demonstrations protesting racial segregation in places of public accommodation, filed removal petitions. DC remanded, held: (1) 28 U.S.C. §1443 authorizes removal only where state laws or constitutions deny fed'l. rights; (2) Defs. could raise constitutional objection in state criminal action and still have right of appeal to U.S.S.C.; (3) no reason to presume state court would not follow U.S.S.C. decisions.
51.49. Anderson v. City of Chester, Pa. (CA 3, # #21764-21787) Facts: 51.49 at X DOCKET 5. June 26, 1964: 24 petitions filed to remove more than 500 criminal prosecutions, to stay DC remand order pending appeal, alleging irreparable injury in having to stand trial in hostile forum and possible mooting of question of removal. July 7, 1964: DC granted stay pending CA decision on appealability of remand orders in 55.35.
51.56. New York v. Callender, Galamison. (CA 2) Facts: 51.56 at X DOCKET 6. Aug. 1964: Defs. filed removal petitions. ED NY granted State's motion to remand, denied stay pending appeal. Aug. 27: CA 2, Marshall, J., granted stay of state ct. trials pending CA decision on appeal from remand under 1964 Civil Rights Act, Tit. IX.

William Kunstler, Esq., 511 Fifth Ave., NYC.

55.32. Crawford, Mitchell, Poole, Salter v. Mississippi. (CA 5) Facts: 55.32 at X DOCKET 10. Defs. filed removal petition alleging impossibility of integregationists receiving fair trial in Miss. state cts. due to racism. Defs. petitioned Judge Cox to disqualify himself from hearing transfer petition; denied. Appeal pending.
55.35. Baines v. City of Danville, McGhee v. City of Danville. (CA 4, # #9080, 9082.) (9 RRLR 1139) Facts: 55.35 at X DOCKET 11. July 1963: 138 Defs. filed 28 USC §1443 removal petitions in DC. State ct. tried, convictea Defs. Jy. 11: DC remanded back to state ct. Jy. 16: Defs filed petition for writ of mandamus and appeal from remand order in CA 4. Aug. 10, 1964: CA 4 held remand order not appealable. Sept. 29: CA 4 granted petition for rehearing on applicability of 1964 Civil Rights Act provision for appeal of remands in civil rights cases.
55.80. Alabama v. William Chace. (Tuscaloosa Co. Ct.; ND Ala., Civ. #64-260.) Facts: 55.80 at X DOCKET 12. Motion to remand pending.

Oscar W. Adams, Jr., Esq., 1630 N. Fourth Ave., Birmingham.

55.81. Mississippi v. 25 Meridian Defs. (SD Miss., Meridian Div.) Facts: 55.81 at X DOCKET 12. Removal petition alleges: (1) Defs. arrested because of Miss. state and local officials' policy to harass civil rights workers; (2) segregation is public policy of Miss. citing Miss. Code §4065; (3) and numerous anti-civil rights, anti-picketing statutes passed in 1964; (3) Defs. will be and have been tried in segregated courtroom, called by their first names, tried by judges and prosecutors elected and appointed contrary to 14th Amendment equal protection clause, and by jury from which Negroes are systematically excluded; (4) Defs. unable to find volunteer Miss. counsel so seek relief from SD Miss. rule-of-court requiring attys. appearing specially to associate local counsel. DC required Defs. to file separate removal petitions for each Def. Pending.

Don Loria, Esq., Cadillac Tower, Detroit; Charles Markels, Esq., 105 So. LaSalle St., Chicago; Natl. Lawyers Guild Comm. for Legal Assist. in the South, 507½ N. Farish St., Jackson.

55.81a. Brown v. City of Meridian. (Meridian) (CA 5, #21730) Facts: 55.81a at X DOCKET 12. July 14, 1964: After hearing, DC granted City's motion to remand. Defs. appealed remand order, moved for stay of remand pending appeal. July 23: CA 5 granted stay.

NAACP Legal Def. & Educ. Fund, Inc., 10 Columbus Cir., NYC.

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55.82. Mississippi v. 7 Defs. (SD Miss.) Facts: 55.82 at X DOCKET 12. Removal petition raises same issues as 25 Meridian Defs., 55.81.

Henry McGhee, Esq., 309 W. Jackson Blvd., Chicago 6; Ralph Shapiro, Esq., 9 E. 40th St., NYC 16; Natl. Lawyers Guild Comm. for Legal Assist. in the South, 507½ N. Farish St., Jackson.

55.83. Mississippi and City of Greenwood v. Carmichael. (ND Miss., Greenville Div., #GCR 6429) Facts: 55.85 at X DOCKET 13. Removal petitions and Pets.' brief in opposition to City's motions to remand allege: Miss. statute HB 546 passed for sole purpose of denying to members of Pets.' class equal protection of laws, Miss. statutes in toto explicitly deny equal rights; Pets. acting under color of authority of Constitution and laws of U.S. guaranteeing equal rights; removal perfected by actual notice to Resp. and cases were providently removed as civil rights cases. Pets. filed motion for order granting hearing on factual issues put in controversy by Resp's. pending motion to remand.

Natl. Lawyers Guild Comm. for Legal Assist. in the South, 507½ N. Farish St., Jackson; Smith, Waltzer, Jones & Peebles, Esqs., 1006 Baronne Bldg., 305 Baronne St., New Orleans; Fay Stender, Esq., 341 Market Street, San Francisco.

55.83a. Mississippi and City of Greenwood v. Albertz. (ND Miss., Greenville Div., ##GCR 6435-GCR 6448 (14 cases)) Facts: 55.83a at X DOCKET 13. Removal petitions and Def.-Pets.' brief in opposition to Resp's. motions to remand allege various misdemeanor prosecutions instituted solely to attempt to intimidate, threaten and coerce Negro citizens for purpose of interfering with their right to register and vote by impeding Pets. in their First and Fourteenth Amendment rights of free speech and assembly; customary law of Miss. more coercive and effective than statutory law, both of which types of law explicitly and effectively deny members of Pets.' class equal protection. Pets. filed motion for order granting hearing on factual issues put in controversy by Resp's. motion to remand; pending.

Natl. Lawyers Guild Comm. for Legal Assist. in the South, 507½ N. Farish St., Jackson; Fay Stender, Esq., 341 Market Street, San Francisco.

55.84. City of Drew, Miss. v. McNair. (ND Miss., Greenville Div. #GCR 6417-6420, 6430-6434.) Facts: 55.84 at X DOCKET 13. Removal petitions and briefs raise same issues as 55.83 except with reference to City of Drew ordinances rather than Miss. statute HB 546. Same motions pending.

Natl. Lawyers Guild Comm. for Legal Assist. in the South, 507½ N. Farish St., Jackson; Fay Stender, Esq., 341 Market Street, San Francisco.

55.89. Florida v. Robinson, Dawson, Johnson. (CA 5, ##21,490, 21,571) (9 RRLR 831, 833, 814) Facts: 55.88 at X DOCKET 13, 401.14 at X DOCKET 45. May 11, 1964: DC granted Defs. habeas corpus petition, directed sheriff to release custody of Defs. to U.S. Marshal, ordered Marshal to allow them at liberty on amt. of bail set by state cts. May 25: DC held no grounds for removal: police offer to drop charges if Defs. stopped demanding integration of named restaurant, ct. offer to return juveniles to parents on promise to cease demonstrations not state action; DC granted State's remand petition, quashed habeas writ. May 29: CA 5 stayed remand pending appeal and decision in Town of Clinton, 63.11. Je. 9: DC withheld decision on remand in Johnson due to CA stay in Robinson, Dawson; held removal petition did not completely divest state ct. jurisdiction, sheriff retained jurisdiction of Defs., state ct. retained trial jurisdiction til DC took jurisdiction; DC declined to take jurisdiction, therefore denied habeas petitions and bail applications.

But see 401.14; 553.Fla.2.

58.21. Georgia v. Rachel, Georgia v. Tuttle. (Fulton Co. Super. Ct.; ND Ga., ##23869-Cr., 23875-Cr., 23886-Cr.; CA 5, #21345) (84 S. Ct. 1940) Facts: 58.21 at X DOCKET 16. Feb. 17, 1964: Defs. in #23869 filed 28 U.S.C. §1443 removal petition in DC. Feb. 18: Without hearing, DC remanded to Super. Ct. Mar. 5: Defs. filed notice of appeal from remand order in CA 5. Mar. 12: CA 5 (2-1) ordered stay pending decision of Town of Clinton, 63.11, on appealability of remand order. Mar. 12 and 19: Defs. in ##23875 and 23886 removed to DC under 28 U.S.C. §1443. Mar. 21: DC enjoined Ga. Solicitor Genl. from prosecuting Defs. in removed cases, ordered Mar. removal petitions held in abeyance until CA 5 decision on appealability. Mar. 25: DC enjoined Fulton Co. Sheriff from taking Defs. into custody. Mar. 20: Fulton Co. Super. Ct. Judge Pye entered order declining "to surrender jurisdiction" to DC and CA 5, directing Solicitor Genl. to prosecute Defs. Apr. 1: Fulton Co. Super. Ct. Judge Pye ordered Solicitor Genl. to seek mandamus in U.S.S.C. to secure order vacating CA 5 Mar. 12 order as in excess of its jurisdiction. June 22, 1964: U.S.S.C. denied Judge Pye's motion for leave to file petition for writ of prohibition or mandamus. Appeals pending.

Donald Hollowell and Howard Moore, Jr., Esqs., 859½ Hunter St., N.W., Atlanta 30314; NAACP Legal Def. & Educ. Fund, Inc., 10 Columbus Cir., NYC 10019.

59.36.. Mississippi v. Brown. (ND Miss.) Facts: X DOCKET 19. Removal petition raises same issues as 25 Meridian Defs., 55.81.

Natl. Lawyers Guild Comm. for Legal Assist. in the South, 507½ N. Farish St., Jackson.

63.11. Town of Clinton v. CORE. (ED La., Civ. #2840; CA 5, #20960.) (9 RRLR 1131) Facts: 63.11 at X DOCKET 22. Aug. 28, 1963: Defs. removed under 28 U.S.C. §1441, covering removal of civil actions (note language of 1964 Civil Rights Act re appealability). Sept. 13: DC remanded. Oct. 14: CA 5 ordered La. Dist. Ct. proceedings stayed pending decision on appealability of remand order or Def's. alternative request for mandamus directing DC to accept jurisdiction. Oct. 24, 1963: State ct. extended its temporary restraining order, held CA 5 stay order "absolute nullity." State ct. granted Pl.-city's motion to dismiss suit. Sept. 22, 1964: CA 5 held orders of remand appealable in civil rights cases under Title IX, §901, Civil Rights Act of 1964, allowing appeal of such orders: (1) as change effected by §901 is procedural, section will be applied retroactively; (2) this obviates need for decision whether 28 U.S.C. §1447(d) prevents appealability of remand orders; ordered stay of state ct. proceedings continued pending decision on merits of appeal.

List of attorneys at 63.11, X DOCKET 22.

And see other cases in which removal petitions have been filed: Dotort, 51.50; Jones, 58.13; Allen, 59.35a; Hancock, 59.37; Patterson, 61.10 (civil); Robinson, 63.10a; Levitt, 63.20; Dallas Co., 63.24a; Norton, 64.5.

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90. Miscellaneous Freedom of Thought
FREEDOM OF RELIGION (100-199)
Law review articles: David Fellman, Religion in American public law. 44 Boston U. 287-399.

David W. Louisell. The man and the mountain: Douglas on religious freedom. 73 Yale 975-998.

Survey: Religious institutions and values: 1963-64. 39 Notre Dame 427-88.

110. Separation of Church and State
Law review article: Allen C. Brownfeld. The constitutional intent concerning matters of church and state, 5 William and Mary 174-204.
111. In Education
Comment: The school prayer controversy. Edward P. Morgan. 37 S. California 425-26.
111.27. Sills, Atty. Genl. v. Hawthorne Bd. of Educ. (N.J. Sup. Ct.) (200 A2d 615, 817) Sept. 1963: N.J. Atty. Genl. sought injunction against Def. continuing practice of opening school by reading 5 Old Testament verses and Lord's Prayer under N.J. statute, despite Schempp, 111.6. Sept. 30, 1963: Super. Ct. granted injunction. N.J. Sup. Ct. affirmed per curiam on authority of Schempp, 374 U.S. 203.

N.J. Atty. Genl., Trenton, N.J.

111.29. Balgooyen v. Los Gatos Joint Union High School Dist. (Santa Clara Co. Super. Ct.) 1962-63: Lengthy debate over propriety and legality of vesper services on public school property with participation of students and Christian clergy, and in connection with high school graduation. Apr. 22, 1963: Co. Counsel ruled use of school property by community organization for vesper services not contemplated by Calif's. Civic Center Act. Def.-trustees rejected advice of Co. Counsel, approved vesper services for June 1964 if sponsored by PTA. May 1964: Pl.-parent of high school student sued. June 5: Super. Ct. granted temporary restraining order. June 8: Services held off school property. Sept. 21: Super. Ct. denied permanent injunction: when public school property is not being used in the educational process it is ordinary public property, and First Amendment does not require restriction of its use.

Marshall Krause, Esq., ACLU of N. Calif., 503 Market St., San Francisco.

111.30. Bd. of Educ. v. Antone. (Okla. Sup. Ct.) (384 P.2d 911) Pls.-parents and taxpayers sued to enjoin local school district from transporting parochial school children in public school buses. Jy. 9, 1963: Okla. Sup. Ct. held for Pls.: (1) First Amendment permits such transportation; (2) Okla. state constitutional provision against state benefits to religious bodies is violated by such transportation at public expense.

Jack P. Trezise, Esq., Midwest City; Wendell E. Wightman, Esq., Oklahoma City.

111.31. Sheldon v. Fannin. (DC Ariz., Civ. #749) (app. dism'd. 372 U.S. 228, 904; 221 F.Supp 760) Sept. 1961: Pls.-Jehovah's Witness schoolchildren refused to sing or stand for national anthem; suspended from school; sued. 3-judge ct. ruled not within 28 U.S.C. §2281, remanded to single judge. U.S.S.C. dismissed appeal. 1963: DC held: no class action since no showing Defs. threatened others with expulsion; action of Def.-Bd. of Trs. is state action; ordered Pls. reinstated as conduct protected so long as it does not naturally tend to disrupt, citing Barnette, 319 U.S. 624.
112. In Public Places
120. Conscientious Objection to War
Law review article: Peter J. Donnici, Governmental encouragement of religious ideology: A study of the current conscientious objector exemption from military service. 13 Jour. of Public Law 16-44.
121. Through Application for C. O. Status

121.29. Mang v. Pasadena Draft Bd. No. 91. (SD Calif.) Col. Leitch prepared list of approved employers for men performing alternative service, therefore Def.-Bd. refused to approve Pl.-C.O.'s work for Friends Comm. on Legislation. Sept. 1963: Pl. refused to obey compulsory work order, sued for restraining order to prevent Def.-Bd. from prosecuting Pl. for failure to perform alternative service. Pending.

J. B. Tietz, Esq., 410 Douglas Bldg., S. Spring & 3rd Sts., Los Angeles.

121.30. U.S. v. Stolberg. (CA 7.) Def.-C.O. filed Selective Service Form #150 claiming belief in Supreme Being defined as "infinite force." Def. charged with refusal of induction into Army. At trial, DC rejected testimony of Rabbi, Catholic and Episcopal priests, Quaker, editor of ecumenical journal; convicted; 1 yr. and 1 day. Issues: (1) Is Act constitutional in requiring belief in Supreme Being; (2) Can Justice Dept. advise Selective Service App. Bd. that belief in Supreme Being necessarily involves other specified beliefs. Action delayed pending U.S.S.C. decision in Seeger, 121.32.

Robert T. Drake and George C. Pontikes, Esqs., Chicago.

Amicus appearance by Ill. Div., ACLU, 19 S. La Salle St., Chicago, by Seymour H. Bucholz, Esq.

121.31. U.S. v. Peter. (U.S.S.C., #29) (324 F.2d 173) Facts: Similar to Stolberg, 121.30. Def. believes in "reverence for life" or "mystery at the source of life." 1963: CA 9 affirmed conviction. Apr. 24, 1964: U.S.S.C. granted cert: to be argued with Seeger, 121.32.

Richard Heath and Duane Beeson, Esqs., Russ Bldg., San Francisco.

121.32. U.S. v. Seeger. (U.S.S.C., #50.) (326 F.2d 846) After registering for draft, Def. filed C.O. form, indicated no religious training or clear belief in Supreme Being (50 U.S.C. App. §456 (j)); Bd. ordered Def. inducted; Def. refused. 1963: Def. convicted under 50 U.S.C. App. §462. Jan. 1964: CA 2 reversed: Statutory distinction between those who profess belief in Supreme Being and those who don't violates "establishment" clause of First Amendment. Apr. 24, 1964: U.S.S.C. granted cert.; to be argued.

Kenneth Greenawalt, Esq., 2 Broadway, NYC.

Case notes: 18 Rutgers 931; 40 Notre Dame 336.

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121.33. U.S. v. Jakobson. (U.S.S.C., #51) (325 F.2d 409) Facts, issues, status same as Seeger, 121.32. Apr. 24, 1964: U.S.S.C. granted cert.
122. Through Refusal to Register
123. Through Civil Disobedience
130. Denial of Tax Exemption to Institutions (see also 202, 266)
140. Sunday Closing Laws

140.31. Sherbert v. Verner. (374 U.S. 398) Facts: VIII DOCKET 129.

Case note: 25 U. of Pittsburgh 711-18.

150. Miscellaneous Restrictions
151. In Prisons
Comment: The developing criteria for judicial review of complaints of religious discrimination by Black Muslim prisoners. 32 George Washington 1124-40.
151.5. SaMarion v. McGinnis. (Attica State Prison) (WD NY, ##9395, 9398, 9454, 9455, 9838) Suit by 5 Black Muslim inmates of prison alleging Def.-Warden banned their religious services, sent them to solitary confinement when they complained of segregation in prison sports and barber-shops and when one described Muslim faith re Allah and Jesus Christ to another prisoner. Oct. 14, 1963: After 2-week trial, DC held: state ct. should decide question of discrimination because based on interpretation of N.Y. Correction Law, §610; and Muslim faith is a religion, hence protected by First Amendment, and without spiritual guidance, inmates' interpretation of Muslim materials "engendered dangerous resentments"; judgment for Defs. re persecution, complaint dismissed as to other issues. Appeal pending.

Jacob D. Hyman, Esq., 77 E. Eagle St., Buffalo.

151.6. Cooper v. Pate. (DC Ill.) (378 U.S. 546) 1952: Def. sentenced to 2 100-yr. terms after tavern killing. 1963: Pet.-prisoner prevented from receiving Muslim literature, sued prison officials. DC held against Pet.; CA 7 affirmed, citing use of sociological data in Brown v. Bd. of Educ., 347 U.S. 483, took "judicial notice" of Chicago Police Dept. report on Black Muslims, found Muslims could become serious prison discipline problem if allowed to practice their religion. June 22, 1964: U.S.S.C., per curiam, granted leave to proceed in forma pauperis, granted cert., reversed: taking as true allegation that Pls. deprived of privileges given other prisoners, it was error to dismiss complaint. Pending in DC.

Amicus appearance by Ill. Div., ACLU, 19 S. La Salle, Chicago, by Seymour H. Bucholz, Esq.

151.7. Williford v. California (217 F.Supp. 245) Facts: IV DOCKET 10.

Case note: 33 U. of Cin. 431-435.

152. In Other Places

152.8. Shubin v. Calif. Dept. of Motor Vehicles. (Los Angeles Super. Ct.) Truck driver, member of Molokan Christian Holy Spiritual faith which objects to photographs as form of idolatry, refused to allow his picture to be taken; denied driver's license; lost job which required license. Pl. sued for renewal without photo. Sept. 2, 1964: Super. Ct. held for Pl.: Pl's religious objections outweigh advantage to state of rapid identification.
152.9. California v. Woody. (Calif. Sup. Ct.) (61 C.2d—) Apr. 28, 1962: Group of Navajo Indians met in hogan in desert to perform religious ceremony, incl. use of peyote; some arrested: Health & Safety C. §11500 (unauthorized use of peyote). Defs. members of Native Am. Church incorporated in State "to work for unity with sacramental use of peyote". Convicted. Aug. 1964: Calif. Sup. Ct. reversed: history of religious use dates back to at least 1560; one purpose of use is to bring feeling of unity and peace; use is bona fide part of religious faith, does not frustrate compelling State interest, is protected under First Amendment.

Rufus W. Johnson, Esq., Los Angeles.

Amicus brief for ACLU of S. Calif. by Mitchel J. Ezer, Esq., A. L. Wirin and Fred Okrand, Esqs., all of Los Angeles.

Case note: Emergency writ issued authorizing blood transfusions against adult patient's will: (Application of Pres. and Dirs., Georgetown College, Inc. cert. denied, 32 U.S.L. Week 3432, U.S. June 16, 1964) 39 New York U. 706-13.

FREEDOM OF ASSOCIATION: AFFECTING THE ORGANIZATION (200-239)
200. Organizational Privileges Challenged
201. As to Meetings (see also 11, 63)
202. As to Tax Exemption (see also 130, 266)

202.4. U.S. v. Communist Party, Hall, Flynn, Davis, Bart. (SD N.Y.) 1956: Internal Revenue Service held Def.-Party owed $261,050 in income and excess profits tax for 1951 plus $120,484 interest, penalties. Service collected $7,720 thru seizure and sale of Def's. assets. Mar. 20, 1962: U.S. sued for $500,000. (1956 sum plus interest), alleging Def. lost exemption as political party on passage of 1954 Communist Control Act. Def's. motion to dismiss as to individual Defs. granted; Oct. 25, 1962: amended complaint filed. Pending.

John J. Abt, Esq., 299 Broadway, NYC.

And see 202.4a.

202.4a. Communist Party v. Commr. of Internal Revenue. (CA DC.) Pl. filed petition for redetermination of alleged $326,-000. deficiency in 1951 income and excess profits taxes filed in 1956. Sept. 14, 1962: Tax Ct. dismissed petition for failure to prove its filing was authorized by Pet. Apr. 9, 1964: CA reversed order of Tax Ct. dismissing Pet's. petition for redetermination of alleged $326,000. deficiency in 1951 and 1956. Pending.

John J. Abt, Esq., 299 Broadway, NYC.

202.5. Re Revocation of Exemption of Fellowship of Reconciliation. (Int. Rev. Serv.) 1926: Organization given IRS exemption. Jan. 10, 1963: After administrative due process, exemption revoked. May 15, 1963: Petition for reconsideration filed; after informal conference IRS agreed to consider reinstatement. June 23, 1964: IRS restored exempt status under Int. Rev. Code §501(c)(3).

Michael Standard, Esq., 30 E. 42d St., NYC.

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203. As to N.L.R.B. Certification (see also 245, 291)

203.3. U.S. v. R. Dennis. (CA 10) (302 F.2d 5) 1956: Indictment for conspiracy to obtain services of NLRB for Mine, Mill and Smelter Workers Union by use of false affidavits by Def.-union officials that they were not Communist Party members. Issues: charge for false statement under oath not subject to conspiracy charge in 18 U.S.C. 371; Leedom and Meat Cutters, 352 U.S. 153, held NLRB can not look behind affidavits when filed, and therefore could not have been defrauded. Oct. 1959: 3 Defs. pleaded nolo contendere; 2 Defs. acquitted by trial ct.; 9 convicted by jury; 7 Defs. fined $2,000., 3 yrs.; 2 Defs. fined $1,500., 18 mths. Mar. 5, 1962: CA 10 reversed; held testimony of Gov't. witness Lautner re statements of Stein (alleged Communist Party leader) inadmissible against all appellants because not made in presence of any appellants, witness not named as co-conspirator, and no other evidence Stein was member of conspiracy; dismissed indictments against 2 Defs. for lack of proof. Justice Dept. announced retrial of 7 in Spring 1963. Aug. 1963: On retrial, 6 Defs. convicted, 1 acquitted. Appeal pending.

George J. Francis, Esq., Farmers' Union Bldg., Denver, Colo.; Nathan Witt, Esq., P. O. Box 156, NYC.

And see Mine-Mill, 212.1.

204. As to Continued Existence (see also 63, 213, 223)

204.1. NAACP v. Alabama ex rel. Flowers. (Ala. Sup. Ct.) (377 U.S. 288) 1956: Cir. Ct. issued temporary restraining order against NAACP conducting business in state or complying with foreign corporation registration statute; later made injunction permanent. Ala. Sup. Ct. affirmed. Oct. 14, 1963: U.S.S.C. granted cert. June 1, 1964: U.S.S.C. reversed (9-0) per Harlan, J.: (1) allegation that NAACP has failed to comply with statutory requirements for foreign corp. to do business in state furnishes no basis under Ala. law for its ouster; (2) "It is obvious that the complete suppression of the Assn.'s activities in Ala. which was accomplished by the order below is an even more serious abridgment" of freedom of association than compelling disclosure of members' names. Pending on remand to Ala. Sup. Ct. for entry of decree vacating permanent injunction against NAACP, permitting it to take all necessary steps to qualify to do business in Ala.

Robert L. Carter, Esq., NAACP, 20 W. 40th St., NYC; Fred D. Gray, Esq., 34 N. Perry St., Montgomery, Ala.

204.8. Arkansas ex rel. Bennett v. NAACP Legal Def. & Educ. Fund. (Cir. Ct., Pulaski Co., #44679) Dec. 1958: Atty. Genl. sued to recover statutory penalty from Def. for "doing business" in state without complying with foreign corporation registration statute. Pending on cross-motions for judgment on the pleadings.

NAACP Legal Def. & Educ. Fund, 10 Columbus Cir., NYC.

204.9. Arkansas ex rel. Bennett v. NAACP Legal Def. & Educ. Fund. (Cir. Ct., Pulaski Co., # 45183) July 1958: Atty. Genl. sued to enjoin Def. from violating Ark Act prohibiting corporate practice of law. Pending on Def's. objection to Pl.'s interrogatories.

NAACP Legal Def. & Educ. Fund, 10 Columbus Cir., NYC.

210. Compulsory Registration
211. Under 1950 Internal Security (McCarran) Act

211.1b-1c. U.S. v. Hall and Davis. (DC DC, Cr. ##228-62, 229-62.) Mar. 16, 1962: Defs. arrested for failure to register the Communist Party under Internal Security Act. Mar. 30, 1962: Defs., alleged Party secretaries, pleaded not guilty; $5,000. bail. Def. Hall's motion to dismiss pending. Davis dismissed as moot due to death of Def.

John J. Abt, Esq., 299 Broadway, NYC; Joseph Forer, Esq., 711 14th St. NW, Washington, D.C.

211.1d-1m. Albertson and Proctor v. S.A.C.B. (U.S.S.C., #265) Atty. Genl. filed petitions with SACB for orders requiring Pets., many others, to register as members of Communist Party under Internal Security Act §8. Oct. 1962: SACB began to issue registration orders. Apr. 1964: CA affirmed SACB order that test case Pets. register as members of Communist Party; did not rule on privilege against self-incrimination; refused to require new showing of character of Communist Party in these hearings in absence of showing of changed circumstances since SACB ruling in CP case in 1953. Petition for cert. pending.

John J. Abt, Esq., 299 Broadway, NYC.

211.1n-1t. Kennedy v. Taylor, Dobbs, Stanford, L. Libson, Gabow, A. Libson, Tormey. (S.A.C.B.) June 13, 1963: Atty. Genl. filed petitions with SACB for orders requiring Respondents to register themselves as members of the Communist Party under Internal Security Act §8. Pending.
211.9. Am. Comm. for Protection of Foreign Born v. S.A.C.B. (U.S.S.C., #44) (331 F.2d 53) 1953: proceeding instituted; hearings held. 1959: hearing reopened to permit cross-examination of gov't. witnesses following production of documents in accordance with Jencks doctrine (see 315). June 27, 1960: SACB issued order requiring organization to register. Aug. 25, 1960: Pet. filed petition for review. Jan. 8, 1962: CA DC remanded to SACB for further hearings on proposal to strike testimony of Barbara Hartle. SACB issued new registration order. Dec. 17, 1963: CA DC (2-1), citing Gibson, 272.10, 372 U.S. 539 and Button, 204.4, 371 U.S. 415, found: (1) Pet's. exec. secy. and his ass't. were Communist Party members, tho no finding they were active in its management; (2) Party took active part in organizing Pet.; (3) local Committees "were intermeshed with the natl. group"; (4) "To establish itself as the champion of the foreign-born and to imprint such an image of itself on the public mind would obviously be of major benefit to the Party. But the protection of the rights of the foreign-born is . . . a laudable objective. . ." . The statute "seeks the registration of any organization the purpose of which, under control of the Party, by any activity, laudable or otherwise, is to strengthen the power of the Communist Party in this country"; affirmed registration order. Bazelon, C.J., diss. Apr. 1964: U.S.S.C. granted petition for cert. Issues: (1) constitutionality of Communist-front registration provisions; (2) whether Pet. can be collaterally estopped by SACB finding that CP is Communist-action organization, when Pet. was not party to that proceeding; (3) whether engaging in activities to forward innocent objectives also sought by Communist Party is sufficient to bring organization within statutory requirement that Communist-front organization be primarily operated for purpose of giving aid and support to Communist-action organization; (4) evidence admitted and excluded by SACB.

Joseph Forer, Esq., 711 14th St. NW, Washington, D.C.

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211.13. Veterans of Abraham Lincoln Brigade v. S.A.C.B. (U.S.S.C., #65) (331 F.2d 64) 1953: Hearings before SACB 1955: Bd. ordered anti-Franco organization to register as Communist-front. Dec. 17, 1963: CA DC (2-1) held Bd. justified in concluding Pet. dominated by and operated to aid Communist Party; Bazelon, C.J., diss.—staleness of record requires remand to SACB for supplementary findings. CA denied rehearing. June 22, 1964: U.S.S.C. granted cert. Issues in U.S.S.C.: (1), (2), (3) same as 211.9; (4) Reliance in CA opinion on findings concerning pre-statutory activities of Pet.; (5) Is statutory requirement of control satisfied where there is no finding that dominant voices in organization were representatives or functionaries of Communist-action organization. Pending.

Leonard B. Boudin, Esq., 30 E. 42nd St., NYC, for Emergency Civil Liberties Comm.

211.15. Kennedy v. Advance. (S.A.C.B.) Jan. 11, 1963: Atty. Genl. petitioned SACB to declare Resp.-youth organization a Communist front, required to register under Internal Security Act. Resp. answered, denying charges. After hearing, hearing examiner recommended SACB direct Resp. to register. Nov. 27, 1964: Resp.'s exceptions filed.

Mary Kaufman, Esq., Emergency Civil Liberties Comm., 303 W. 66th St., NYC.

212. Under 1954 Communist Control Act

212.1. Int'l. Union of Mine, Mill & Smelter Workers v. S.A.C.B. (CA DC., #17,135.) July 1955: first petition filed under 1954 Communist Control Act to have union declared "Communist-infiltrated" organization, alleging group in leadership used Union for "Communist-inspired purposes." 1959: SACB ruled Def.-organization entitled to see statements of Gov't. witnesses to gov't. agencies; hearings resumed. 1961: SACB Examiner's recommended decision filed, finding Def. to be "Communist-infiltrated." 1962: Def's. exceptions: (1) failure to limit findings to 3 yr. limitations period in Act; (2) failure to deal with credibility of Pet's. main witness; (3) violation of First Amendment rights because findings and conclusions based only on political affiliation of Union's leaders and on policies and views of Union. May 5, 1962: SACB adopted Examiner's findings, held Def.-Union "Communist-infiltrated," found Union "has consistently taken positions in opposition to the domestic laws and the programs of the fedl. gov't. in the field of communism"; order makes Union ineligible to use Natl. Labor Relations Bd., and requires labeling of all Union publications "disseminated by a Communist organization." Def.-Union's petition for determination it is no longer "Communist infiltrated" (under Int. Security Act §13A(b)) pending before SACB. Aug. 9, 1963: Bd. dismissed Def.'s redetermination petition for failure to make prima facie case. Original case pending in CA on Def.'s petition for review.

Nathan Witt, Esq., P. O. Box 156, NYC; Joseph Forer, Esq., 711 - 14th St. NW, Washington, D.C.

And see R. Dennis, 203.3.

213. Under State Laws (see also 204)
220. Listing
221. By the Attorney General of the United States
222. By Congressional Committees
And see cases at 271.
223. By State Authorities (see also 24, 281)

223.3. Elfbrandt v. Russell, Arizona Gov. Fannin. (Ariz. Sup. Ct.) (378 U.S. 127) Pl.-public school teacher filed suit testing constitutionality of 1961 Arizona Communist Control Act section requiring loyalty oath of all public employees, and rest of Act outlawing Communist Party in Ariz. Issues: breadth of oath; lack of standards for determining what organizations fall within proscription; no administrative procedure for determining proscribed organizations; First Amendment rights, including Pl.-Quaker's religious objections to swearing such oath. Pima Co. Super. Ct. denied Pl's. petition for restraining order to force Def. to continue salary payments to Pl. after she declined to sign oath. Pl. and 2 others teaching without pay. May 1, 1963: Ariz. Sup. Ct. affirmed denial of petition. June 15, 1964: U.S.S.C. granted motion to proceed in forma pauperis, granted cert., vacated and remanded to Ariz. Sup. Ct. for reconsideration in light of Baggett, 281.1a, 377 U.S. 360.

W. Edward Morgan, Esq., 45 W. Pennington St., Tucson, Arizona.

And see Dulgov, 281.19.

FREEDOM OF ASSOCIATION: AFFECTING THE MEMBERS (240-294)
240. Criminal Penalties for Membership
241. Under Smith Act: for Conspiracy
242. Under Smith Act: for Mere Membership
243. Under 18 U.S.C. 2384
244. Under Kennedy-Landrum-Griffin Act (29 U.S.C. 504) (See also 203, 291)

244.1. U.S. v. Brown. (U.S.S.C.) (334 F.2d 488) May 1961: Def., elected union official, indicted for "unlawfully, knowingly and wilfully" serving on exec. bd., Intl. Longshoremen's and Warehousemen's Union, "while a member of the Communist Party, in wilful violation" of Kennedy-Landrum-Griffin Act. Bail: $5,000. DC denied Def's motion to dismiss under First Amendment. Apr. 5, 1962: Def. tried before jury; DC granted Gov't's objections to testimony re activities of Def. as leader of I.L.W.U., its record of no strikes in yrs. for any reason (incl. no "political" strikes—alleged basis for needing Act and its predecessor Taft-Hartley Act); Def. convicted; 6 mths. $5,000. bail pending appeal. June 1964: CA 9 (5-3) reversed, held this section of Act unconstitutional: (1) evil sought to be avoided is interference with interstate commerce, but relation between that evil and conduct prohibited is too tenuous to justify conviction under due process clause of Fifth Amendment; (2) specific intent to disrupt interstate commerce would be requisite for conviction consistent with First and Fifth Amendments, but "This statute is not susceptible of such a limiting judicial construction"; (3) section under which Def. convicted "far broader than the threat it is designed to meet—is unreasonably broad. To relieve Congress from having to wait until it can punish the act, it is given power not simply to remove the threat but to punish it; and with no showing whatsoever that the act in fact is threatened by the person punished. We conclude that this statute as construed by the DC constitutes an invalid restraint on the freedom of association protected by the First Amendment." Nov. 9, 1964: U.S.S.C. granted Gov't's. petition for cert.

Norman Leonard, Esq., 240 Montgomery St., San Francisco.

U.S. Atty. argued against permission to ACLU of N. Calif. to appear amicus since not in case at DC, U.S. aware of constitutional issues. Nov. 19, 1962: 3-judge panel of CA granted permission.

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245. Under State Laws (see also 54)

245.15. Indiana v. Levitt, Bingham, Morgan. (Ind. Sup. Ct., #30611) Defs.-students at Indiana Univ. indicted on charges of subversion under §10-5201 (Burns' Ind. Stats. (1951) for "assembling for the purpose of advocating or teaching the doctrine that the government of the United States or the state of Indiana should be overthrown by force, violence, or any unlawful means. . . ." Indictments dismissed; Defs. reindicted. Cir. Ct. held: statute unconstitutional, no written opinion. State's appeal pending. Issues: (1) pre-emption by fed'l. regulations in same field; (2) statutory vagueness and (3) restrictions on First Amendment liberties.

Leonard Boudin, Esq., 30 E. 42d St., NYC., for Emergency Civil Liberties Comm.; Daniel T. Taylor, III, Esq., Louisville, Ky.

LOUISIANA:

1958: La. criminal anarchy and anti-subversive acts held unconstitutional (La. v. Jenkins, 244.5, 107 So.2d 648) under Pa. v. Nelson, 130.1, 350 U.S. 497 (1956). 1960: La. enacted L.R.S. 14:388 (like McCarran Act registration secs.), L.R.S. 14:390 (like Smith Act criminal penalty for membership secs.)

Oct. 4, 1963: During first integrated conference of attorneys in La. in newly desegregated motel, La. state and Baton Rouge city police, at behest of La. Legis. Comm. on UnAmerican Activities, raided offices of Southern Conference Educational Fund, homes of director Dombrowski, attorneys Smith and Waltzer (in charge of lawyers' conference), arrested the 3 for violation of 1960 statutes; Defs. released on bond. Oct. 5: U.S. Sen. Subcomm. on Internal Security subpoenaed SCEF records from La. state police. Litigation ensued:

245.16. Louisiana v. Smith, Waltzer, Dombrowski. (Baton Rouge Crim. Dist. Ct.) Oct. 25, 1963: Ct. dismissed conspiracy charges against Defs. for lack of evidence, held warrants issued without probable cause. Nov. 14: Ct. charged grand jury to investigate possible violations of 1960 Acts, subpoenaed Pfister, ch., La. Legis. Comm., requesting SCEF documents in Comm's. hands be submitted to grand jury. Jan. 1964: Attys. Smith and Waltzer indicted for failure to register with state as members of Natl. Lawyers Guild and S. Conference Educ. Fund (listed as "subversive" organizations by HUAC/SISS), and for "managing" a "subversive" organization; Dombrowski only charged re SCEF, under 1960 Stats. $250. bond. May 1964: Dist. Ct. ruled search of SCEF office illegal, sustained Defs.' motion to suppress evidence. Main case awaits decision in 245.16d.

Milton E. Brener, Esq., 1304 National Bank of Commerce Bldg., A. P. Tureaud, Esq., 1821 Orleans Ave., Leon Hubert, Edward Baldwin, Robert Zibilich, Esqs., 300 Oil & Gas Bldg., 1100 Tulane Ave., all of New Orleans. Arthur Kinoy and William Kunstler, Esqs., 511 Fifth Ave., NYC. And see 245.16a-.16d.

245.16a. Dombrowski v. La. State Police. (CA 5) Oct. 26, 1963: Pl. sued for temporary and permanent injunctive relief against removal of SCEF records from Baton Rouge. Oct. 28: At hearing, Def. testified SCEF records transferred to Woodville, Miss. at Sen. Eastland's direction earlier that day; Ct. denied Pl's. motion, held question moot. Oct. 28-31: Some SCEF records moved to Washington, D.C. Appeal pending.
245.16b. SCEF v. Eastland. (DC DC.) Oct. 31, 1963: Pls. sued Def.-Sen. and 2 New Orleans policemen for injunction against use of SCEF documents, for their return, and for $500,000. damages for false arrest, illegal seizure of records, and conspiracy. Dec., 1963: DC dismissed request for injunction; suit for damages pending.
245.16c. SCEF v. Louisiana Officials. (SD La.) Oct. 28, 1963: Pls. filed suit similar to 245.16b for injunction and $750,000. damages.
245.16d. Dombrowski v. Pfister. (U.S.S.C., #52) Nov. 12, 1963: Pls. sued for injunction against city and state officials, grand jurors and Def.-Comm. using SCEF records and for declaratory judgment (under 28 U.S.C. §§2201, 2202, 2281) that La. statutes unconstitutional. Nov. 18: 1 of 3-judge panel enjoined state and city officials from "taking any prosecutive action" against 3 Defs. and from presenting evidence to grand jury in 245.16 re possible violation of La. statutes. 1964: 3-judge ct. (2-1) held La. statutes constitutional under Tenth Amendment, refused to hear testimony on their illegal application; injunction against further criminal proceedings withdrawn; Wisdom, J. diss. Feb. 4: 3-judge ct. vacated Jan. 10th ruling on constitutionality under abstention doctrine pending state ct. decision; dismissed complaint. June 15, 1964: U.S.S.C. noted prob. juris. Issues: (1) do La. Rev. Stat. Tit. 14 §§358-374, 390-390.8 on their face violate freedoms guaranteed by First and Fourteenth Amendments; (2) are statutes so vague as to deny due process; (3) have statutes been superseded by existing fedl. legislation; (4) does complaint state cause of action under 42 U.S.C. §§1983, 1985.

U.S.S.C. granted motions to file amicus briefs by:

Natl. Lawyers Guild—David Rein, Esq., 711 14th St. NW, Washington, D.C., and Ernest Goodman, Esq., 3220 Cadillac Tower, Detroit; ACLU—Melvin Wulf, Esq., 156 5th Ave., NYC.

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245.17. Stanford v. Texas. (U.S.S.C., #40) Dec. 26, 1963: SACB ordered Pet.-book dealer to register (211.1). Pet. mailed anti-McCarran Act pamphlets to many, incl. Tex. Asst. Attys. Genl. Dec. 27: Bexar Co. Dist. Atty. sought search warrant under McCarran-type act (Tex. Rev. Civ. Stats. §6889-3A). Tex. Dist. Ct. ordered Pet.'s home searched; in 5-hrs., 2,000 pieces taken, incl. records of Pet's. book business, marriage certificate, auto registration, private library. Jan. 20, 1964: Dist. Ct. denied application for return of materials seized. Jan. 29: Dist. Ct. overruled Pet's. motions to set aside judgment, for new trial. Since no appeal in state cts., March 1964: Pet. filed petition for cert. in U.S.S.C., (under 28 U.S.C. §1257(3) ). Issues: (1) probable cause for issuance of warrant: (2) whether warrant specified crime charged against Pet., since statute proscribes many seditious activities; (3) whether warrant properly described things to be seized; (4) whether statute authorizing issuance of warrant solely to gather evidence allegedly showing violation of law violates Fourth and Fifth Amendments; (5) whether seizure violates First Amendment liberties; (6) whether statute void under preemption. June 22, 1964: U.S.S.C. granted cert.

Maury Maverick, Jr., Esq., Maverick Bldg., San Antonio, Tex.; Melvin L. Wulf, Esq., ACLU, 156 Fifth Ave., NYC.

246. Under 1950 Internal Security (McCarran) Act

246.1. U.S. v. Robels. (WD Wash., #50676.) 1963: Def.-shipyard worker indicted under §5(a) (1) (D) of McCarran Act for engaging in defense work while a member of Communist Party knowing final order of registration in effect against Party. Def. has worked at same plant since 1946. Released on own recognizance; returned to work in shipyard pending trial. Def. moved to dismiss: failure to allege Communist Party a Communist-action organization as defined in Act; statute unconstitutional under First, Fifth and Sixth Amendments, is bill of attainder. Jan. 1964: DC will hold in abeyance motion to dismiss, pending decisions in Brown, 244.1, Flynn, 252.33, and Aptheker, 252.34, 378 U.S. 500.

John Caughlan, Esq., 220 2nd & Cherry Bldg., Seattle, Wash.

250. Civil Disabilities for Membership: Federal
251. In Federal Employment (see also 30, 268)

251.15. Dew v. Halaby. (U.S.S.C., #36) (317 F.2d 582; c.g. 376 U.S. 904) Pl.-World War II veteran discharged from position as airways specialist with Fedl. Aviation Agency because, 6 yrs. prior to employment and 10 yrs. prior to discharge, while college student of 19, Pl. had engaged in homosexual acts, none of which led to conviction. Evidence in admr. hearings showed Pl. not homosexual; discharged solely on ground: if agency had known of these acts prior to employment, he would not have been hired. Issues: 1) whether discharged for such cause as would promote efficiency of service; 2) whether, after probationary period, Pl. could be discharged for conduct prior to employment. Suit for reinstatement dismissed. CA affirmed. 1964: U.S.S.C. granted cert. and motion to proceed in forma pauperis. Case became moot upon reinstatement and award of back pay by F.A.A.

Forer and Rein, Esqs., 711 - 14th St. NW, Washington, D.C.

And see Scott, 359.2.

251.52. Re C. W. Garrott. (U.S. Civil Service Comm., Claim #720742.) Nov. 1962: Pet.-retired post office clerk denied annuity: false denial of membership in Communist Party made prior to passage of Sept. 26, 1962 amendment to 5 U.S.C. §§2281-88, making such statement grounds for denial. Nov. 1962: Suit filed for annuity. Issues: denial of hearing; validity of 5 U.S.C. §2283(b) (1) as applied retroactively; punishment without judicial trial. Pending.

Scupi and Witt, Esqs., 600 F St. NW, Washington, D.C.

251.53. In re Loletta Leary. (U.S. Civ. Serv. Comm.) Pet. denied interest on deceased husband's annuity because of his false denial of Communist Party membership made prior to passage of 5 U.S.C. §2284. Issues same as Garrott, 251.52. Pending.

Hal Witt, Esq., 600 F St., NW, Washington, D.C.

252. As to Passport Applications and Right to Travel

252.35. Zemel v. Rusk and Kennedy. (U.S.S.C., #86) 1963: Suit filed challenging validity of purported regulations of Secy. of State prohibiting travel to Cuba without endorsement by Secy. Issues: constitutionality of regulations; statutory authority therefor. Feb. 21, 1964: 3-judge ct. (2-1) upheld Secy. of State banning travel to Cuba because conduct of foreign affairs and internal security "inseparable." Oct. 12, 1963: U.S.S.C. postponed further consideration of question of jurisdiction pending hearing on the merits.

Leonard Boudin, Esq., 30 E. 42d St., NYC.

252.36. MacEwan v. Rusk and Kennedy. (CA 3, #14920) Feb. 27, 1963: Pl.-Prof. denied passport validation for travel to Cuba. Injunction suit filed, similar to 252.35. Mar. 30, 1964: DC granted Defs.' motion for summary judgment. Pl.'s appeal pending. Issues: (1) constitutionality of Gov't. interference with citizens' travel abroad; (2) whether President possesses and has properly exercised inherent power to impose geographic restrictions on travel by citizens; (3) statutory authority for Secy. of State promulgation of regulations prohibiting travel to Cuba.

Rabinowitz & Boudin, Esqs., 30 E. 42d St., NYC; A. Harry Levitan, Esq., Fox Bldg., Market St. at 16th, Philadelphia.

252.55. Copeland v. Secy. of State Rusk. (DC DC.) (226 F.Supp. 20, 378 U.S. 588) 1963: Pl. filed suit to compel issuance of passport; refused to answer questions in application re Communist Party membership. Pl. contends question on application blank, and statute under which questions asked, unconstitutional. Jan. 24, 1964: 3-judge Ct. upheld requirement of non-Communist oath for passport applicants to prevent communication between U.S. Communists and foreign Communists. June 22, 1964: U.S.S.C., per curiam, granted motion to proceed in forma pauperis, vacated and remanded to DC for consideration in light of Aptheker, 252.34, 378 U.S. 500. Clark, Harlan, White, JJ., diss.

Victor Rabinowitz, and Leonard B. Boudin, Esqs., 30 E. 42nd St., NYC.

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252.56. Mayer v. Secy. of State Rusk. (DC DC, #1034-63 Civ.) (224 F.Supp. 1964; 378 U.S. 579) 1963: Def. refused to renew Pl's. passport when he refused to sign non-Communist affidavit. Pl. filed suit claiming such requirement unlawful. Dec. 3, 1963: DC granted Gov'ts. motion for summary judgment; dismissed complaint. June 22, 1964: U.S.S.C., per curiam, vacated and remanded for consideration in light of Aptheker, 252.34, 378 U.S. 500. Clark, Harlan, White, JJ., diss.

Francis Heisler and Charles Stewart, Esqs., P. O. Box 3996, Carmel, Calif.; Oliver E. Stone, Esq., 1500 Massachusetts Ave., and Jack Wasserman and David Carliner, Esqs., 902 Warner Bldg., all of Washington, D.C.

252.58. U.S. v. Travis. (CA 9) 1963: Def. charged with twice leaving U.S. without valid passport to go to Cuba, under 8 U.S.C. §1185B. Apr. 7, 1964: Def. moved to dismiss because statute: (1) not intended for geographic limits on travel; (2) delegates legislative power to Pres.; (3) as applied to authorize geographic limitation on travel is fatally vague and denies liberties under First and Fifth Amendments; denied. Apr. 7: trial; Def. argued State Dept. decree adding Cuba to list of countries requiring special passport validation was not based on §1185B. May 14: DC found Def. guilty. Appeal pending.

John McTernan, Esq., 3175 W. 6th St., and A. L. Wirin, Esq., 257 S. Spring St., both of Los Angeles.

252.59. U.S. v. Laub. (ED NY, 64-Cr.-137.) Sept. 25, 1963: 4 student-Defs. indicted under 8 U.S.C. §1185(b), 8 CFR 53.1-53.4 for traveling to Cuba with 57 youths without securing State Dept. approval. Issues: (1) constitutionality of geographic limitations on travel by U.S. citizens; (2) power of Secy. of State to create geographic limitations. Defs. released on bail, at first restricted to ED NY, restriction lifted later. After decision in Worthy, 252.27a, 328 F.2d 386, superseding indictments filed deleting charge of illegal entry. Defs.' motion to dismiss denied. Pending.

Leonard B. Boudin, Esq., 30 E. 42nd St., NYC for Emergency Civil Liberties Comm.

252.59a. U.S. v. Laub. (ED NY) Sept. 22, 1964: Defs. indicted for conspiracy to promote a trip to Cuba; 8 U.S.C. 1185b, 22 CFR 53.2, 53.3. Pending.

Rabinowitz and Boudin, Esqs., 30 E. 42d St., NYC.

252.60. U.S. v. Druckman. (ND Calif.) Mar. 28, 1963: Def. applied for passport; no response. Oct. 30, 1963: Def. indicted: (1) 50 U.S.C. §785(a)(1) (McCarran Internal Security Act) for applying for passport while member of organization ordered to register as "Communist-action" group by S.A.C.B. (211.1a), (2) 18 U.S.C. 1542 for false statement on passport. $1,000. bail. Pending.

George Andersen, Esq., 240 Montgomery St., San Francisco.

252.61. U.S. v. Seigel. (ED NY.) Feb. 13, 1964: Def. indicted by fedl. grand jury in Brooklyn, N.Y., arrested at home in California, for using U.S. passport while allegedly a Communist Party member (McCarran Act violation). Def. arraigned; $500. bail. Oct. 14, 1964: DC dismissed, citing Flynn, 252.33, 378 U.S. 500.

Aubrey Grossman, Esq., 1095 Market St., San Francisco.

252.62. U.S. v. Anton. (SD NY, 64 Civ. 2263) July 21, 1964: U.S. Atty. sued to replevy passports of 4 Defs. who allegedly journeyed to Cuba in violation of 8 U.S.C. §1185b, and regulations thereunder. DC issued order to show cause returnable July 28. Pending.

Rabinowitz & Boudin, Esqs., 30 E. 42d St., NYC 17.

252.63. Kissling v. Rusk. (SW NY.) June 1964: Pl. applied for passport; informed by State Dept. they had information she would attempt to travel to Cuba so must execute affidavit that she would not. Sept. 21, 1964: Pl. sued to enjoin State Dept. to issue passport: requirement of affidavits not authorized in statute or regulation, restricts freedom of travel, denies due process. Oct. 1964: Dept. issued passport.

Sanford M. Katz, Esq., 36 W. 44th St., NYC; NY CLU, 156 5th Ave., NYC.

253. As to Army Discharges (see also 341)
254. As to Veterans Disability Payments

254.2. Thompson v. Gleason. (DC DC.) (185 F.Supp. 306; app. dism'd. 365 U.S. 465; 317 F.2d 901) 1954: Def. notified Pl.-disabled veteran he had forfeited all accrued or future veteran's benefits for conviction under Smith Act, 241. Bd. of Veteran's Appeals reinstated wife's payments, affirmed cessation of his benefits. Pl. sued on ground forfeiture under 38 U.S.C. §3504 requires showing veteran guilty of mutiny, treason, sabotage, etc., and no such charge or proof in Smith Act trial. June 28, 1960: 3-judge ct. (2-1) granted Def's. cross-motion for summary judgment, upholding constitutionality of §3504 (V.A. payments terminated on "satisfactory evidence" recipient guilty of aiding U.S. enemy). U.S.S.C. dismissed appeal. Jy. 12, 1962: CA reversed and remanded to DC with instructions to remand to Administrator for determination whether Pl's. benefits should be forfeited on basis of Ct's. interpretation of statute since Admr's. prior forfeiture based on erroneous construction of act. Nov. 10, 1964: Pl's. motion for summary judgment pending.

Mary Kaufman, Esq., 30 E. 42nd St., NYC.

255. As to Social Security Benefits (see also 263, 346)
256. In Housing Projects
257. As to Federal License Applications

257.6. Halaby, Admr., Fedl. Aviation Agency v. Susemihl. (Fedl. Aviation Agency.) Pl. moved for revocation of license of Def.-pilot, leader in Air Line Pilots Assn., under Civil Air Reg. Part 21.11 requiring applicant for Air Transport Rating to be of "good moral character." Def. moved to dismiss. Issues: whether character requirement is void for vagueness, whether action is based on Def's. activity during pilot's strike. Pending.

Benedict F. FitzGerald, Jr., Esq., 983 Natl. Press Bldg., Washington.

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258. Through Deportation Proceedings (see also 358)

258.7. In re Wolf. (Imm. Serv.) (215 F.2d 377, c.d. 348 U.S. 951; 238 F.2d 249, c.d. 353 U.S. 936; 253 F.2d 141, c.d. 353 U.S. 942; 287 F.2d 520, c.d. 365 U.S. 888.) 1922: Pl. established permanent residence in U. S. 1949: Pl. arrested for deportation; charge: Communist Party membership 1938-39. H'g. officer ordered deportation to Canada. Bd. of Imm. App. affirmed; DC and CA affirmed; U.S.S.C. denied certiorari. 1959: Canadian gov't. ruled Pl. not Canadian citizen because of early marriage to American citizen. May 14, 1960: Imm. Service ordered Pl. deported to England because father's birth in British territory rendered her British subject, tho never resident in England. 1960: CA 9 remanded to 3-judge ct. to decide whether alien can be deported to country she was not born in. Gov't. moved to review at admr. level. B.I.A. granted Imm. Service motion to withdraw deportation order and hold further hearings re: applicability of Rowoldt, 355 U.S. 115, possibility of discretionary relief. Suit dismissed; Imm. Serv. hearing begun, stayed pending compliance with demand for production of FBI records.

John Caughlan, Esq., 220 Second and Cherry Bldg., Seattle, Washington; Siegfried Hesse, Esq., 929 Oxford, Berkeley, Calif.

Amicus brief filed for ACLU of Washington, United Pacific Bldg., Seattle, Washington.

258.15. In re Joseph Sherman. (Bd. of Imm. App.) Resp. born in Poland, in U.S. since childhood, fought with Loyalist forces in Spain, returned to U.S. in 1938. 1959: Imm. Serv. began deportation proceedings. Sept. 10, 1964: Spec. Inq. Officer ordered Pet. deported: Resp. returned from Spain without inspection. Appeal pending.

Ira Gollobin, Esq., 1441 Broadway, NYC.

259. Through Denaturalization and Naturalization Proceedings (see also 358)

259.8. U.S. v. Bimba. (ED NY.) 1913: Def. entered U.S., aged 19. 1926: arrested in Mass. for blasphemy and inciting overthrow of gov't.; charges dropped. 1927: Def. naturalized. 1924-1964: Editor of Lithuanian daily. 1957: Rep. Scherer (of HUAC) asked his deportation. Dec. 1963: U.S. sued to cancel Def's. naturalization for concealment of material facts in application for citizenship, e.g. 1926: Mass. charges. Mar. 1964: Def's. motion to dismiss argued.

Blanch Freedman, Esq., 299 Broadway, NYC.

260. Civil Disabilities for Membership: State, Local and Private
261. In State or Local Government Employment

261.1. Wilkins v. Carlander, et al. (Super. Ct., Kings Co., #490844.) Pl.-warehouseman in cold storage plant of Port of Seattle brought action against Def.-Commr. and other officials of Port testing constitutionality of state law requiring state employees to take oath of non-membership in Communist Party and organizations on Atty. Gen'ls. list. Issues: does statute violate First and Fifth Amendments, deprive Pl. of property in violation of Fourteenth Amendment and constitute bill of attainder. Jan. 1956: temporary restraining order issued, preventing dismissal for refusal to sign oath for indefinite time.

John Caughlan, Esq., 220 Second and Cherry Bldg., Seattle.

See Baggett, 281.1a, 377 U.S. 360.

262. In Teaching (see also 24, 267, 281 and 342)

262.9. Bd. of Trustees, Fullerton Jr. College v. Phillips. (Dist. Ct. of App., #4 Civ. 7194) Dec. 18, 1961: At Dilworth Act hearing, Def.-teacher admitted membership in Communist Party 1939-1957, in Socialist Workers Party 1962; denied knowing Communist Party membership within past 5 yrs. (statutory period) or that Party advocated violent overthrow, refused to name other members. Mar. 1962: Pls. sued to discharge Def. under Calif. Educ. Code §§12965-6. Sept. 12, 1962: Super. Ct. upheld discharge. Appeal pending.

Marshall Ross, Esq., 139 S. Beverly Drive, Beverly Hills; A. L. Wirin and Fred Okrand, Esqs., 257 S. Spring St., Los Angeles.

262.10. Schenk v. Ormsby. (NY Sup. Ct., 10th Jud. Dist., #11438-1963.) June 1961: Pl.-probationary teacher at Brentwood High School, Long Island, N.Y., fired. 1964: Pl. sued school superintendent, principal, alleging his firing part of administrative campaign to "maliciously threaten" teachers who refused to join Natl. Education Assn. affiliate and instead joined Am. Fed. of Teachers-AFL-CIO. Pl. asks $50,000 actual and punitive damages. Apr. 1964: Sup. Ct. denied Def's. motion to dismiss.
263. As to State Unemployment Insurance Benefits (see also 255, 346)

263.5. Lewis v. Bennett. (CA 4, #9083.) (9 RRLR 1139) More than 11 Negro demonstrators in Danville (see summary at 55.) filed suit in DC seeking temporary restraining order against denial of unemployment compensation to Negroes who participated in demonstrations on ground persons free on bail not "available for work" within meaning of statute. DC denied relief for failure to exhaust state remedies and to show irreparable injury. Aug. 10, 1964: CA 4 affirmed: Defs. had not been served with process; temporary restraining orders under F.R.C.P. Rule 65 may be granted ex parte only where irreparable injury will result from delay attendant on service of process and adversary hearing; denial of all compensation to unemployed persons for periods allowed in actions for injunctions under Fed. Rules and for period of hearing not irreparable injury; if request for temporary restraining order under Rule 65 is denied, Ct. can not consider other forms of injunctive relief if process not served; presence, in brief covering 5 Danville cases, of section on this case and name of counsel for Employment Commission, is not a general appearance which would avoid necessity of personal service.

Counsel listed at 55.36.

264. As to State License Applications

264.5. Morgan and Pursley v. Berkeley Realty Bd. (Alameda Co. Super. Ct.) Jan. 1964: Def.-Bd. ordered Pl.-realtor Pursley to dismiss Pl.-saleswoman Morgan for being "an identified Communist". Pl.-realtor refused; Def. threatened termination of membership on Bd., which Calif. law requires in order to use title "realtor". March 1964: Pls. sued for injunction, general and punitive damages for restraint of trade, violation of Calif. Labor Code provision against firing employee for political activity. Pl. alleges of 137 licensed real estate brokers, 105 members of Bd., 9 not active, remaining 23 are Negroes deliberately excluded from Bd. membership. Apr. 6, 1964: Ct. granted temporary restraining order. Apr. 16: Super Ct. granted injunction keeping temporary restraining order provisions in force pendente lite.

Marshall Krause, Esq., ACLU, 503 Market St., San Francisco; Malcolm Burnstein, Esq., 1440 Broadway, Oakland.

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265. In Proceedings Against Attorneys and Bar Applicants (see also 345, 373)
See Smith and Waltzer, 245.16-245.16d.
266. Through Deprivation of Right to Tax Exemption (see also 130, 202)
267. In Private Employment—Teaching (see also 24, 262, 281 and 342)
268. In Private Employment — Defense Establishments (see also 344)

268.18. Margolin v. U.S. (U.S. Ct. of Claims) Pl. denied security clearance, not paid pending hearing before Industrial Security Bd., which granted clearance. Suit filed for payment of loss of earnings during interim period. April 17, 1964: DC granted Pl's. motion for summary judgment. July 8: DC denied Gov't's. motion for reargument. Pending before Ct. of Claims for assessment of loss of earnings.

Stanley Faulkner, Esq., 9 E. 40th, NYC.

269. In Private Employment — Other

269.1. Faulk v. AWARE, Inc. (NY Ct. of App.) (231 NYS.2d 270) Pl.-radio performer and folk singer sued for actual and punitive damages for Defs. listing of him as subversive, causing loss of employment and earnings. 1962: jury verdict for Pl. for $2,250,000. Nov. 26, 1963: App. Div. aff'd.; ordered remittitur of damages to $400,000. compensatory, $150,000. punitive, or new trial. Dec. 5, 1963: Pl. accepted remittitur. Defs.' appeal to Ct. of App. pending.

Louis Nizer, Esq., 1501 Broadway, NYC.

Book: John Henry Faulk, Fear on Trial. Simon & Schuster. 1964. $6.50.

270. Criminal Penalties for Non-disclosure (see also 330)
271. Before Congressional Committees (see also 222, 330)

271.9. U.S. v. Russell. (DC DC) (369 U.S. 749) 1956: Def.-engineer declined to answer questions re his own and other people's alleged Communist activities in HUAC hearing, on First Amendment grounds. Convicted of contempt under 2 U.S.C. §192, on 3 counts; 30 days and $500. CA affirmed. May 21, 1962: U.S.S.C. (5-2) reversed, Stewart, J., because indictment merely stated that questions Def. refused to answer "were pertinent to the question then under inquiry" by HUAC subcomm., without stating subject under investigation. Douglas, J.: conc. in opinion describing and strongly defending freedom of press from Congressional interference, as in case of newspapermen questioned by HUAC. Harlan, J. with Clark, J., diss: opinion contains cites to all contempt of Congress cases in DC DC 1950-1962. Sept. 1962: Def. reindicted; pleaded not guilty. Mar. 10, 1964: DC directed verdict of acquittal, citing and discussing Yellin, 271.33, 374 U.S. 109.

Joseph A. Fanelli, Esq., 1701 K St. NW, Washington, D.C.

271.12. U.S. v. Gojack. (DC DC) (369 U.S. 749) 1956: Def.-union official refused, on First Amendment grounds, to answer questions in HUAC hearing re alleged Communist Party membership. Convicted; 9 mths. and $200. CA affirmed. May 21, 1962: U.S.S.C. (5-2) reversed; see Russell, 271.9. Sept. 1962: Def. reindicted; pleaded not guilty. Mar. 10, 1964: DC directed verdict of acquittal, relying on Yellin, 271.33, 374 U.S. 109.

Frank Donner, Esq., 342 Madison Ave., NYC.

271.19. U.S. v. Price. (DC DC) (369 U.S. 749) Jan. 1956: Def.-reporter for NY Daily News invoked First Amendment before SISS. Convicted; 3 mths. and $500. CA affirmed. May 21, 1962: U.S.S.C. (5-2) reversed; see Russell, 271.9. Def. reindicted; pleaded not guilty. Dec. 11, 1963: Def. convicted, placed on probation. Appeal pending.

Harry I. Rand and Leonard B. Boudin, Esqs., for Emergency Civil Liberties Comm., 421 7th Ave., NYC.

271.20. U.S. v. Liveright. (DC DC) (369 U.S. 749) Jan. 1956: Def.-TV station program director invoked First Amendment before SISS. Convicted; 3 mths. and $500. CA affirmed. May 21, 1962: U.S.S.C. (5-2) reversed; see Russell, 271.9. Def. reindicted; pleaded not guilty. Nov. 11, 1963: Def. convicted on retrial; 10 days probation. Appeal pending.

Harry I. Rand and Leonard B. Boudin, Esqs., for ECLC, 421 7th Ave., NYC.

271.40. U.S. v. O'Connor. (ND N.J.) (Cong. Rec. 2321-22, Feb. 21, 1961) 1959: Def.-writer indicted for refusal to appear before HUAC to answer questions re political beliefs and affiliations. Issues: First Amendment rights, applicability of U.S.S.C. decision in Watkins, 271.14, 354 U.S. 178. Def. sought subpoena duces tecum under Rule 17(c), Fedl. Rules of Crim. Proc. to discover whether HUAC subcomm. was pursuing any legislative purpose in calling Def. June 24, 1960: DC denied Gov't's. motion to quash, ordered produced: (1) original minutes or minute book of HUAC subcomm. re earlier hearings authorizing subpoenas and recommending contempt proceedings against Def.; (2) all material in HUAC files re Def. and proposed list of questions to be asked Def.; (3) all material in HUAC files re Emergency Civil Liberties Comm.; etc. Feb. 21, 1961: House of Reps. directed Cong. Walter, ch. of HUAC, not to bring records to DC or surrender possession until DC determined their materiality but in no circumstances to disclose minutes of executive sessions or evidence of witnesses in respect thereto. Case never brought to trial. Fall 1962: Def. reindicted.

Leonard Boudin, Esq., 30 E. 42nd St., NYC; Morton Stavis. Esq., 744 Broad St., Newark, N.J., for Emergency Civil Liberties Comm., 421 - 7th Ave., NYC.

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272. Before State Committees (see also 204, 213, 332)

272.3a. Maynard v. DeGregory. (Merrimack Co. Super. Ct., #15,236) Nov. 12, 1963: After 10 yrs. litigation (see DeGregory, 272.3, 137 A.2d 512 (N.H. Sup. Ct., 1957), 360 U.S. 717 (1959); 162 A.2d 612, 169 A.2d 1 (N.H. Sup. Ct., 1961), aff'd. 368 U.S. 19 (1961); II DOCKET 39—VII DOCKET 44), Def. swore he is not currently a member of Communist Party, refused to name associates or discuss events of 1930s and '40s. May 20, 1964: Super. Ct. found Def. guilty of contempt of state legislature; 1 yr. June 26: Def's. appeal to N.H. Sup. Ct. pending.

Howard Whiteside, Esq., 30 State St., Boston; Lawrence J. Walsh, Esq., Wolfeboro, N.H.

273. Before Legal and Administrative Tribunals (see also 333)
274. For Refusal to Produce Records
280. Civil Penalties for Non-disclosure
281. By Teachers (see also 24, 223, 262, 342)

281.5b. Re Nash. (Albany Co. Super. Ct.) 1960: N.Y.C. Bd. of Educ. charged 6 public school teachers with having falsely denied past Communist Party membership on job application blanks filed prior to 1955. Teachers allege charges are indirect method of punishment for refusal to inform by testifying re past political affiliations of colleagues, contrary to N.Y. Ct. of App. decision in Allen, 280.5, IV DOCKET 74, 160 NE.2d 60. Trial Examiner recommended dismissal. After teachers appealed to State Educ. Commr. re inaction of NYC Bd. of Educ. on their reinstatement, Apr. 5, 1962: hearing before Bd. Issue: whether teachers have completely relinquished Communist ideology. Bd. of Educ. directed dismissal of 2, reinstatement of 4 without back pay. Commr. sustained decision of Bd. of Educ. Petition to review decision of Comm. of Educ. pending.

Rabinowitz and Boudin, Esqs., 30 E. 42nd; David Shapiro, Esq., 20 E. 46th; David Ashe, Esq., 305 Broadway, all of NYC.

281.16. Macks v. Calif. Bd. of Educ. (Calif. Bd. of Educ.) Pets. joined, then resigned from Communist Party. Pets. later took Levering Act oath of non-membership in group advocating violent overthrow of gov't. during 5 preceding yrs., obtained teaching credentials. 1959: Pets. subpoenaed by HUAC; described to reporters former Party membership; never called by HUAC. 1960: hearing on renewal of credentials. Issue: whether Pets. perjured themselves in taking oath and thereby committed unprofessional conduct. H'g. officer recommended revocation of credentials, found Pets. knew Communist Party advocated violent overthrow. Calif. Bd. of Educ. affirmed revocation. Sept. 12, 1961: Pls. applied for writs of mandate requiring restoration of teaching credentials. At trial, Super. Ct. denied Pls.' proffers of testimony on credibility of their witnesses and unreliability of Def's. witness Karl Prussion: Ct. denied Pls.' petition. Jan. 28, 1964: Dist. Ct. of App. reversed: (1) Bd. of Educ. erred in judicially noticing that Communist Party advocated violent overthrow between 1953 and 1957; this is not "certain and indisputable"; (2) legislature has power to bar advocates of overthrow from public office, but to bar Party members, per se, is unconstitutional; remanded to Super. Ct. for Defs. to attempt to establish that Party advocated overthrow and Pls. knew that fact. Calif. Sup. Ct. denied hearing. Aug. 14, 1964: Super. Ct. remanded to Calif. Bd. of Educ. for further consideration in light of opinion of Dist. Ct. of App.

Marshall W. Krause, Esq., for ACLU of N. Calif., 503 Market St., San Francisco.

281.19. Dulgov v. Bd. of Educ. (Tucson) (Pima Co. Super. Ct., #82067.) Pl.-teacher's wages withheld when Pl. refused to sign loyalty oath (Ariz. Rev. Stats. §§38-321—38-323), as in Elfbrandt. 222.3. May 1, 1963: Pl. executed required oath. Dec.: Pl. sued to recover back wages, relying on dictum in Ariz. Sup. Ct. decision in Elfbrandt. Pending.

W. Edward Morgan, Esq., 45 W. Pennington, Tucson.

281.20. Starbuck v. Bd. of Regents. (State Univ. of NY at Buffalo) (WD NY, # Civ. 10741) Sept. 1962: Buffalo U. merged with NY public schools; faculty members and other empolyees became subject to state disclaimer affidavit requirement. 1963: Pl. hired as library asst. and English instructor. Weeks later, Pl. refused to disclose whether he had ever "advised or taught" forcible overthrow of U.S. government. Pl.'s employment continued until Apr. 1, 1964 "pending investigation." Feb. 1964: Pl. sued to enjoin his dismissal. June 18, 1964: DC denied motion for temporary injunction, found procedures followed in hiring Pl. and asking him to sign oath afforded due process, found Univ. had right to demand information, invited Defs. to file formal motion to dismiss.

Richard Lipsitz, Esq., Andrews Bldg., Buffalo.

282. By Others (see also 343, 344)
Case note: Statute held to prevent forced disclosure of newsman's documents and other materials: In the matter of Taylor (412 Pa. 32, 193 A2d 181, 1963) 39 N. Dame 489-92.
290. Penalties for False Disclosure
291. Under Taft-Hartley Oath (see also 203, 245)
292. On Government Security Questionnaires
293. In Miscellaneous Cases

293.3. Los Angeles Bd. of Educ. v. Sloat. (Los Angeles Super. Ct., #794678.) Apr. 24, 1962: suit to discharge Def.-teacher (subpoenaed by HUAC, 1959, but never called to testify) under Calif. Educ. Code §129-65-6, for swearing falsely. Def. acknowledged former membership in Communist Party when asked by Pl. but denied belonging to organization advocating violent overthrow of gov't. Issues: necessity for scienter; relevancy of past membership to present right to teach. Pending.

A. L. Wirin and Fred Okrand, Esqs., 257 S. Spring St., Los Angeles.

293.4. Wellbaum v. State Bd. of Educ. (Los Angeles.) L.A. Co. Super. Ct., #830731) 1963: Def. refused renewal of Pl's. teaching credential on ground Pl. falsely swore on 1956 loyalty oath he did not advocate violent overthrow. Bd. took 'official notice' Communist Party advocates such overthrow, imputed knowledge of fact to Pl. Dec. 1963: Pl. sued for writ of mandate to compel issuance of credential. Trial Mar. 1964.

Jerry Pacht, Esq., 6535 Wilshire Blyd., Los Angeles. But see Macks, 281.16.

295. Right of Privacy
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II. DUE PROCESS AND RELATED RIGHTS (FOURTH, FIFTH, SIXTH, SEVENTH, EIGHTH AND FOURTEENTH AMENDMENTS (300-499)

Book: Fred J. Cook, The F.B.I. Nobody Knows. Macmillan 1964. $4.95.

Law review articles: Marvin E. Wolfgang, Crime and Race. Institute of Human Relations Press, #6.

Yale Kamisar, On the tactics of police-prosecution oriented critics of the courts. 49 Cornell 436-77.

300. Searches and Seizures
Law review articles: Phillip E. Weeks, Standing to object in the field of search and seizure. 6 Arizona 65-81.

Joseph Wool, Lawful objects of search and seizure. 5 Wm. and Mary 101-27.

Comment: 18 U.S.C. Sec. 3109: An enigma in the law of search and seizure. 8 St. Louis 604-18.

Case note: Illegal search and seizure—harmless error; Fahy v. Connecticut (375 U.S. 85, 1963) 38 Tulane 787-88.

301. By Electronic Eavesdropping
Law review article: Lester B. Orfield, Wiretapping in federal criminal cases. 42 Texas 983-1005.
301.20. U.S. v. Sen. Harris. (ED La., Baton Rouge Div., # #1422-1424.) Dec. 27, 1961: Ala. state sen., private detective and businessman indicted for tapping telephone conversations of two ministers and director of Am. Friends Service Comm., all opposed to racial segregation. Issue: violation of Fedl. Communications Act, §605. Apr., 1964: Def's. motion to quash granted on technical grounds. U.S. reindicted Def. for same crime. Trial pending.
301.23. New York v. Berger. (NYC Sup. Ct.) Def. allegedly conspired to give bribes from Playboy Club to ch., NY Liquor Auth. Oct. 29, 1964: during trial, D.A. played tape made from "bug" in office, unknown to Def.; jury listened with ear phones. Def. moved to strike tape as unidentified, inaudible, and in violation of constitutional rights; overruled.

Joseph E. Brill, Esq., NYC.

302. In Other Federal Criminal Cases

302.22. U.S. v. Monroe. (CA 5) (205 F.Supp. 175) 1962: Def. convicted of violating federal narcotic import act. Issues on appeal: (1) unreasonable search and seizure; (2) coerced confession; (3) hearsay evidence. Pending.

Benjamin Smith, Esq., 1006 Baronne Bldg., 305 Baronne St., New Orleans.

302.24. Ramsey v. U.S. (CA 9) (329 F.2d 432) Action to recover property seized and forfeited as contraband in administrative proceedings by Secy. of Treasury. DC granted Gov't. motion for summary judgment.
303. In Other State Criminal Cases
Opinion: Wayne Co. Counsel has advised Detroit Dept. of Public Welfare that unannounced visits by welfare investigators without warrants at unusual hours of the night infringe welfare recipients' rights of privacy and against unreasonable search.
303.43. New York v. Randazzo. (NY Sup. Ct., 1st Jud. Dist.) Police without warrant searched home of Def.-parolee; arrested; charge: narcotics violation. At trial, Def. moved to suppress 31 ounces of heroin found in search. D.A. argued parolee was legally in custody of warden of prison from which he was paroled and search of his home like search of his cell. Pending.

Jesse Zaslav, Esq., 217 Broadway, NYC.

303.47. Camara v. San Francisco Municipal Ct. (5th Dist. Ct. of App.) Nov. 22, 1963: City housing inspector sought entrance to Pet's. private apt., without warrant, to make "routine health inspection." Pet. refused entry; charged with misdemeanor. Resp.-Ct. overruled demurrer to complaint; Pet. seeks writ of prohibition. Issue: Validity of S.F. Muni. Housing Code §503, permitting searches by health inspectors without necessity of showing of probable cause; Frank v. Maryland, 303.9a, 359 U.S. 360. Mar. 1964: Super. Ct. denied writ, distinguishing between private homes and apartments: latter are subject to municipal licensing power, hence inspection reasonable. Pet's. appeal pending.
303.48. California v. Randazzo. (Calif. Dist. Ct. of App.) Dec. 12 1962: Def. removed garments from department store rack, took them to dressing room, concealed them in her purse; store detective observed this through spy-hole from adjacent dressing room: no reason to suspect Def. in particular, detective instructed to spy on dressing rooms. Def. convicted of theft (Penal C. §484). Sept. 30, 1963: Dist. Ct. of App. affirmed: Calif. and U.S. constitutional prohibitions against illegal searches and seizures apply to such searches by state officials only, not to searches by private persons; not error to admit detective's evidence, Burdeau v. McDowell, 256 U.S. 465. U.S.S.C. denied petition for cert.

A. L. Wirin and Fred Okrand, Esqs., as amici curiae for ACLU of S. Calif., 257 S. Spring St., Los Angeles.

303.49. Linkletter v. Walker. (U.S.S.C., #95) (301 F.2d 94) 1959: Def. arrested, surrounding area searched; Def. tried; convicted. 1960: La. Sup. Ct. affirmed. 1961: State Ct. denied habeas corpus. DC denied petition for writ of habeas corpus. Sept. 12, 1962: CA 5 affirmed (2-1): (1) search of Def. at time of arrest plainly illegal; police right to make search incident to valid arrest extends only to place at which arrest is made; (2) relief by habeas corpus not available to attack pre-Mapp conviction on basis of Mapp rule. Tuttle, C.J., diss. Def.'s petition for cert. pending.
303.50. Angelet v. Fay, Warden. (U.S.S.C., #212 Misc.) (333 F.2d 12) 1951: Def. arrested by state police who entered his apartment without warrant or probable cause; convicted of possession of narcotics. 1963: DC denied petition for habeas corpus writ. June 12, 1964: CA 2 affirmed (7-2); held per Medina, J.: exclusionary rule of Mapp, 52.25, 367 U.S. 643, does not have retroactive effect as to pre-Mapp state conviction after an admittedly illegal search. Marshall, J., diss. Oct. 12: U.S.S.C. granted cert. and in forma pauperis.
303.51. New York v. Evergreen Review, Inc.; Evergreen Review, Inc. v. Cahn. (Nassau Co. DC; ED NY, #64-C-441) Apr. 24, 1964: DA obtained warrant, seized 21,000 copies of Evergreen Review on information from worker at bindery, commenced criminal prosecution of Def.-Co. and 2 of its officers. Co. sued for return of magazines, permanent injunction, and damages under fed'l. civil rights statutes. DC convened 3-judge ct. June 11: DC granted preliminary injunction directing return of magazines, enjoined further interference with publication or distribution until judicial determination of obscenity: (1) not necessary for 3-judge ct. to attack statute as a whole, need only allege unconstitutional as applied; (2) fed'l. ct. need not abstain, even tho related criminal proceedings pending in state court; (3) irrelevant under fed'l. civil rights statutes that Pl. has remedies under state law; (4) ct. refused to enjoin criminal prosecution or pass on alleged obscenity; (5) warrant was general, based on hearsay. June 18: case settled: DA returned magazines, dropped charges, agreed not to appeal; Defs. dropped claim for damages.

Charles Rembar, Esq., 521 Fifth Ave., NYC.

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304. Suits for False Arrest, Police Practices (see also 580 and 151)
Law review article: Arthur B. Caldwell and Sydney Brodie, Enforcement of the criminal civil rights statute, 18 U.S.S.C. 242, in prison brutality cases. 52 Georgetown 706-41.

Police Review Board: Sept. 21, 1963: Detroit Police Dept. met with Michigan Civil Rights Commission to set up joint Board to investigate reports of police denial of civil rights or alleged brutality.


304.10. Gonzalez v. Genl. Investigators Inc. (Chicago) (ND Ill., #60 C 1806.) Nov. 1960: Pl.-Mexican-Am. laborer filed suit against private detectives, city and state officers who falsely charged him with arson. Pl. alleges he spent 2 mths. in jail before grand jury returned no-bill. Pl. asks damages for false arrest and imprisonment, malicious prosecution, deprivation of civil rights, defamation, invasion of privacy under 42 U.S.C. §§1983, 1985, Fourteenth Amendment. June 20, 1962: DC overruled Def's. motion for summary judgment. Pending.

Charles Pressman, Esq., 77 W. Washington; Joel J. Sprayregen, Esq., 38 S. Dearborn, both of Chicago.

304.13. Wirin v. Hilden. (SD Calif.) Near midnight, April 20, 1958, Pl.-atty. stopped near U.S.-Mexican border as part of Immigration and Naturalization Service regular border blockade to apprehend illegal immigrants. Def. alleges he was illegally detained, questioned, car and personal effects illegally searched and right of privacy violated. $10,500. damage action filed with request for permanent injunction against Service. Removed from San Diego Super. Ct. to Fedl. DC. Trial held on issue of damages; judgment awaited. Trail on injunction issue pending.

Nathan L. Schoichet, Esq., 360 N. Bedford Dr., Beverly Hills, Calif.

304.14. Goldberger v. Lewis. (San Francisco Super. Ct.) 1:30 a.m.: 2 Pl.-Drs. walking on roadway; Def.-policeman questioned them, said they could be arrested for being out that hour. Pls. disagreed, said arrest would be silly. Pls. arrested by Def., charged with vagrancy; spent night in jail; charges dismissed next morning. Suit filed for false arrest and imprisonment, alleging respondeat superior liability of City and Co. for tortious acts of its police officers. Jury held (10-2) for Defs. Motion for new trial denied. Case closed.

Marshall W. Krause, Esq., for ACLU of N. Calif., 503 Market St., San Francisco.

304.16. Lucero v. Donovan, Carnover. (Los Angeles) (CA 9) (300 F.2d 441.) Oct. 4, 1960: Def.-police officers entered Pl's. home, without warrant, searched furniture for narcotics. Pl. objected; Def. asked "Why don't you go back to Mexico?" Pl. said she was U.S. citizen. Defs. handcuffed Pl., bruising and twisting her wrist; took Pl. to jail where women police attempted to search her body cavities, completing search with assistance from Def.-policemen. Pl. released next day, after seized pills proved to be vitamins; no charges filed against Pl. Jy. 1961: Pl. filed $40,000. damage action, alleging illegal search and police brutality. DC dismissed suit; CA 9 reversed and remanded for trial. After trial, directed verdict for Defs. Issues on appeal: (1) Is evidence of past arrest record of Civil Rights Act Pl. admissible on question of damages? (2) Is legality of search or seizure in Civil Rights Act case a question for Court or for jury? (3) Can police officers claim defense that their acts were permitted by or acquiesced in by municipality or other authority? Pending.

A. L. Wirin, Esq., for S. Calif. ACLU, 323 W. Fifth St., Los Angeles.

304.17. Rev. Morris v. Capt. Ray. (Jackson) (CA 5, #21325) After convictions of 1 minister rev'd. and 14 dismissed (see 541.Miss. 5), 4 Pl.-Episcopal minister Freedom Riders filed suit against 3 city police and police justice, charging false arrest under Civil Rights Act, asking $44,004. damages. After trial, jury verdict for Def. Pl's. appeal to CA 5 pending.

William Higgs, Esq.

304.18. Rev. Jones v. Teasley. (U.S.S.C.) May 1960: Def.-White minister, driving World Brotherhood car, arrested while eating in Negro cafe; convicted. Jan. 3, 1961: arrested for disturbing the peace on return to appeal. Jan. 25, 1961: Def. acquitted of all charges on both occasions. Pl. filed $50,000. damage suit against 17 city officials, judges, policemen, charging deprivation of rights when arrested, papers searched and seized, beaten in prison, put under mental observation for 17 days, bond raised to $1,500. DC held Pl's. complaint stated cause of action. June, 1962: DC denied motion to quash jury venire because of inclusion of unrepresentative number of Negroes. June 26-Jy. 2: trial; on cross-examination, Mayor testified it was official policy of city to segregate. Jury verdict for all Defs. Preliminary question of reduction of appeal bond from $37,500. pending. Petition for cert. also pending.

Benjamin E. Smith, Esq., 1006 Baronne Bldg., 305 Baronne St., New Orleans.

Amicus appearance by Leonard B. Boudin, Esq., 30 E. 42nd St., NYC, for Emergency Civil Liberties Comm.

304.19. Nesmith v. Alford. (Montgomery) (MD Ala.) (318 F.2d 110, c.d. 375 U.S. 975) 1960: white prof. and 2 students from north ate with Negro students; arrested: disorderly conduct; convicted. 1961: Ala. Ct. of App. reversed and remanded for new trial; Cir. Ct. dismissed charges. May 1961: 3 Pls. sued for false imprisonment, illegal arrest, malicious prosecution, violation of 42 U.S.C. §§1983, 1985, asking $400,000. damages. Nov. 20-Dec. 1, 1961: jury trial; decision for Defs.; costs taxed against Pl. May 30, 1963: CA 5 affirmed instructed verdict for one Def.-police officer; reversed (2-1) judgment for other Defs. on point of faulty instructions to jury Jan. 1964: U.S.S.C. denied Def's. petition for cert. Costs now $6,000. Awaiting retrial.

Clifford Durr, Esq., 311 Montgomery St., Montgomery, Ala.; Benjamin Smith, Esq., 1006 Baronne Bldg., 305 Baronne St., New Orleans.

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304.21. Ware v. Johnson. (MD Ga., Albany Div., #749.) 1962: Pl.-Negro alleges Def.-sheriff shot him in process of arrest. Jan. 1963: Pl. sued for damages under 42 U.S.C. §§1981, 1983. April 12, 1963: After trial, verdict for Def. Appeal pending.

D. L. Hollowell, Esq., 859½ Hunter St. NW, Atlanta; C. B. King, Esq., 220 S. Jackson St., Albany, Ga.

304.22. Brazier v. Cherry. (MD Ga., Americus Div., #475) (293 F.2d 401) Suit against police chief and officers and sheriff by Pl.-administratrix of Negro allegedly illegally arrested, treated with unnecessary violence during detention, illegally removed from jail and beaten to death, for damages under 42 U.S.C. §1983. DC dismissed. 1961: CA 5 reversed, held cause of action stated. Feb. 4-8, 1963: jury trial; verdict for Defs. Motion for new trial granted. On retrial, verdict for Def. No appeal.

D. L. Hollowell, Esq., 859½ Hunter St. NW, Atlanta; C. B. King, Esq., 220 S. Jackson St., Albany.

304.27. Duzynski v. Nosal. (U.S.S.C.) (324 F.2d 924) 1962: Pl. filed suit alleging illegal commitment to Ill. Mental Health Clinic: denial of right to counsel, due process. DC dismissed, sustaining immunity of Co. employees. Issue on appeal: Is this defense available under Civil Rights Act when conspiracy and willful acts are charged? Nov. 1963: CA affirmed dismissal by DC, finding immunity for physicians. Petition for cert. pending.

Barton Joseph, Esq., 134 N. LaSalle, Chicago.

304.28. Thomas v. McCain. (WD Va.) June 24, 1963: Pl.-Negro demonstrator testified in Corporation Ct. that Def.-Danville police chief and policeman beat her in parking lot between jail and municipal bldg., broke her nose. Jy. 5, 1963: Pl. sued for damages. Pending.

And see other Danville cases, 55.35-55.36.

304.30. Williams v. Clinton. (WD Wash., N. Div., #5997-Civ.) Aug. 4, 1963: Pl.-Negro allegedly beaten by police officers at his home, arrested as drunk. Aug. 9, 1963: Pl. filed suit against Def.-police officers, Mayor, seeking $40,000 damages. Pl. convicted, dismissed civil action on own motion.

Philip L. Burton, Esq., 917 Logan Bldg., Seattle, Wash.

304.32. U.S. v. Patridge. (Winona, Miss.) (SD Miss., Jackson Div, #1122-Civ.) Sept. 9, 1963: U.S. filed information against Def.-Sheriff, Police Chief, 3 policemen, under 43 U.S.C. §1983; charges: conspiracy to beat 5 Negro prisoners (see 63.15, IX DOCKET 9) and force them to sign statements, 6 beatings. Sept. 4, 1963: Case removed from DC calendar and remanded to filed subject to further ct. order. Dec. 6, 1963: Defs. acquitted.

Robert E. Hauberg, U.S. Atty., P. O. Box 2091, Jackson, Miss.

304.33. Gaston v. Tobriner. (DC DC, Civ. #3994.) 1962: Pl.-Howard Univ. students sued Washington, D.C. Commissioners and several police officers, alleging Pls. detained several hours without probable cause. Pending on Defs.' motion to dismiss.

Arthur D. Woods, Jeanus B. Parks, Jr., Herbert O. Reid, Jr., Esqs., 1500 Newton St. NE, Washington, D.C.

304.34. Giancana v. J. Edgar Hoover and Johnson. (CA 7) Mar. 13, 1963: Pl.-alleged gangster sued to enjoin Def.-FBI Director and Def.-agent-in-charge of Chicago FBI office from following him, his guests and relatives. Jy. 23: DC granted injunction: (1) FBI cars within one block of Pl's. home reduced to one, but no limit on number beyond one block; (2) FBI may not follow Pl. on golf course closer than 2d foursome back; (3) FBI agents may not follow Pl's. relatives after they visit Pl's. home; (4) no more than one FBI auto may follow Pl. as he drives. DC cited Def.-Johnson for contempt for refusing to answer questions about 4 reels of movie film introduced by Pl., showing FBI agents watching Pl., following him to church, in his auto, on golf course, and at cemetery. Def.-Johnson said he was ordered not to answer by Atty.-Gen. Kennedy. Gov't. appeal pending in CA 7.

George N. Leighton, Esq., 123 W. Madison St., Chicago.

304.35. Griffin v. Kerr. (ND Calif.) Mar. 13-16, 1964: Pl.-Negro student stopped on U. of Calif. campus by campus police, refused to produce identification, taken into custody, handled roughly, jailed 7½ hours: disorderly conduct. Released by Muni. Ct. Charges dropped at request of Univ. Apr.: Pl. sued Univ. officials and police for false arrest, conspiracy to deny civil rights on account of color, false imprisonment, battery, defamation (28 U.S.C. §§1331, 1343 and invoking pendant jurisdiction.) Sept. 23, 1964: DC dismissed as to Univ. on grounds of Monroe v. Pape, 304.6, 365 U.S. 167.

Peter Franck, Thelton Henderson, Esqs., 2890 Telegraph Ave., Berkeley.

304.36. Thomas v. Jackson. (Flint) (DC Mich.) June 1, 1963: Pl. seated at lunch counter, ordered; Def.-police officer said Pl. loitering, told him to leave. Pl. and Def. scuffled—testimony conflicts on who threw first punch; Pl. came up with Def's. gun, which Pl. threw away. Def. arrested Pl.: loitering. June 3: Pl. also charged with assault with deadly weapon, on ground that, before throwing gun away, he pointed it at bystander. July 12: Flint Muni. Ct. acquitted Pl. of loitering. Oct. 1963: Genessee Co. Cir. Ct. acquitted Pl. of assault after jury trial. 1964: Pl. filed suit for $50,000. damages for unlawful arrest and detention. Pending.

A. Glenn Epps, Esq., 2501 Saginaw St., Flint, Mich.

304.38. Gause and Avant v. City of Chicago. (Cir. Ct., Cook Co., #64-L-9071.) 1963: Chicago police officer assaulted minor Pl.-Avant. Apr. 15, 1964: Pls. sued officer, joined city as respondeat superior. June 1964: City's motion to dismiss on grounds of governmental immunity sustained. No appeal.

Herbert Fisher, Esq., 343 S. Dearborn, Chicago.

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304.39. Mock v. City of Chicago. (Cir. Ct., Cook Co., #63-S-15147.) 1963: Pl. shot by arrestee in Chicago police station. Pl. sued City and police officers, alleging negligence in restraining arrestee. City's motion to dismiss on ground of governmental immunity sustained.

Herbert Fisher, Esq., 343 S. Dearborn, Chicago.

304.40. Elijah Muhammad v. Sommers. (Flint) (ED Mich., Civ. #81.) Oct. 27, 1963: Pl. conducting religious meeting at rented hall in Flint; Defs.-City Atty. and police officers entered with weapons displayed. Pl., who teaches that weapons of any kind are not permitted at religious meetings of Nation of Islam, requested Defs. to leave; they refused. Pl. discontinued meeting. Apr. 2, 1964: Pl. sued for $1,000,000. under 42 USC §1983, demanded jury trial. Ct. granted Defs.' motion for summary judgment, held police officers have right to attend religious meeting with weapons despite religious objections. No appeal.

Stuart Dunnings, Jr., 530 S. Pine St., Lansing.

304.40a. Nationa of Islam, Muhammad Mosque of Flint v. Industrial Mutual Assn. (Genessee Co. Cir. Ct., #1880.) Facts: same as 304.40. Dec. 2, 1963: Pl. sued Def.-owner and lessor of IMA Building, which Pl. had leased for religious meeting, alleging oral agreement with Def. that no person with weapons would be permitted by Defs. to enter meeting, $2,097 damages for breach of contract, $25,000. for injury to Pl's. reputation. Pre-trial conference pending.

Stuart Dunnings, Jr., 530 S. Pine St., Lansing.

304.40b. Payne v. Smith and Merrill. (WD Mich.) 1964: Suit for damages sustained as result of alleged assault and battery by police officer after arrest. Pending.

Benjamin F. Gibson, Esq., 530 S. Pine St., Lansing.

304.41. Thornton v. Bookman. (ED Wisc., #64-C-53) Jan. 6, 1964: Gas station attendant murdered. Pl. taken into custody of Defs.-city detectives while at his place of work, questioned, not allowed to use telephone, not brought before magistrate, not advised of right to counsel or to remain silent, given 2 lie detector tests, transported from Kenosha to Madison and back, placed in cold cell without a bed overnight. After 25 hrs., Defs. released Pl. Feb. 20: Pl. sued under 28 USC §§1331, 1333, 42 USC §§1983, 1988. Pending.

Office of M. Michael Essin, Esq., deceased, 623 N. 2d St., Milwaukee.

304.42. Stanzione v. Hubbard. (ED Mich., S. Div., #25099) Aug. 26, 1963: Pl.-white homeowner rented upper flat of house to white man and Nisei wife. Sept. 2: Moving company employees, Negroes, began moving tenants' furniture in. Neighbors, thinking Negroes moving into neighborhood, pelted house with eggs, etc. Pl., arriving, beaten with bedrail, sugar poured into gas tank, convertible top slashed. During 29 hr. period, Pl. requested police assistance 6 times; police arrived, observed, made no arrest or attempt to halt attack. Mar. 16, 1964: Pl. sued Mayor, Dir. of Public Safety of Dearborn, Chief of Police, 13 police officials, alleged: (1) as part of pattern of racial discrimination carried on by Def.-Mayor and those acting under his direction, responsible officials refused to carry out statutory responsibility to protect Pl. (Dearborn City Charter, §§8.3, 8.17; Mich. Stat. Ann. §§28.789, 28.792), thus denying Pl. rights under 42 USC §1983; (2) Defs. conspired to deprive Pl. of due process and equal protection, making them liable under 42 USC §1985. June 19: DC denied Defs. motion to dismiss. Pending.

Hanlon, Hanlon & Carpenter, Esqs., 1226 S. Monroe Blvd., Dearborn; ACLU of Michigan, 401 Washington Blvd. Bldg., Detroit 48226.

And see cases at 530s.

304.43. Bush v. Pepp and Chicago. (ND Ill., #63 C 2170) Dec. 2, 1963: Wrongful death action filed based on police brutality. Settled for $25,000. Mar. 13, 1964: Judgment entered by agreement.

Chauncy Eskridge, Esq., 123 W. Madison St., Chicago.

304.44. Johnson v. Crumlish. (ED Pa.) (224 F.Supp. 23) Oct. 5, 1962: Pl. subpoenaed to appear in criminal case on Yom Kippur; informed D.A. and Def. he could not appear as he was Orthodox Jew. Warrant issued; Pl. arrested; held 8 days before brought before judge who issued warrant. Pl. sued for false arrest, not alleging systematic prejudice against Jews, but only denial of due process for delay in being brought before magistrate. DC held: (1) Pl. need not allege or prove systematic discrimination (Monroe v. Pape, 304.6, 365 U.S. 167); (2) Pl. need not allege or prove any physical brutality or other action of police to show cause of action; (3) denial of due process sufficiently raised by failure to get hearing; (4) D.A. and Ct. Clerk not immune, even if their acts are within scope of employment (369 U.S. 350), provided they are under color of state law.
304.45. White v. Bonnanno and San Francisco. (ND Calif., #42556 Civ.) Pls.—Negro family—sitting quietly at home; 13 police rushed in without warrant, purportedly after Pl's. 14-yr.-old nephew came to tell aunt one policeman was taking him to juvenile hall for failure to "move on" when ordered. Police arrested one Pl. for resisting arrest and battery; both charges dismissed. July 10, 1964: Action filed against 13 policemen and city for brutality, false arrest, imprisonment and personal injuries under the Civil Rights statutes. Oct. 1964: DC granted Def.-city's motion to dismiss under Monroe v. Pape, 304.6, 365 U.S. 167. Pending.

Fay Stender, Esq., 341 Market St., San Francisco.

304.46. Evans v. Jones, Co. of Durham. (MD N.C.) Jan. 25, 1964: Defs., without warrant, seized Negro-Pl., threatened and beat him without formally placing him under arrest. Nov. 12, 1964: complaint filed alleging: Def. had committed no crime and no reasonable grounds to suppose he had, conspiracy between Defs. to deny Pl. equal protection because of race. Question of common law tort under pendant jurisdiction. Pending.

F. B. McKissick, Esq., 213½ W. Main St., Durham.

304.47. Zellner v. Lingo and Painter. (Montgomery) (MD Ala., #2099-N) Jan. 8, 1963: White-SNCC worker visited alma mater, Huntington College; arrested: vagrancy; convicted: 30 days. When appeal filed, charge dism'd. Cir. Solicitor prosecuted Pl. for "false pretenses" for giving $85. check to pawn shop for camera without sufficient funds in bank. Pl. indicted; tried; mistrial. Jy. 1964: Pl. sued Def.-State Public Safety Dir., Co. Cir. Judge, Co. Solicitor, Recorder and detective for $200,000. for false arrest and malicious prosecution. Sept. 15, Oct. 1, Oct. 5, 1964: DC dism'd. as to all Defs. under FRCP Rule 37(d).

Benjamin Smith, Esq., Baronne Bldg., Baronne St., New Orleans; Robert L. Cheek, Esq., Montgomery.

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304.48. Tyson v. Cazes. (ED La., Baton Rouge Div.) Sept., 1964: Pl.-Negro physician denied service at club, refused to leave without hearing reason for refusal, arrested: drunk and disorderly, disturbing the peace. Justice Ct. dismissed for lack of evidence. Pl. sued owner, mgr. and 5 arresting officers for damages under 1964 Civil Rights Act, Tit. II, for conspiracy to deny civil rights and denial thereof, false arrest and malicious prosecution. Pending.

Murphy Bell, Esq., 971 S. 13th St., Baton Rouge.

304.49. Moore v. Smith. (WD La., Monroe Div.) Aug., 1964: Pls.-Negro and white CORE workers chased at night by whites in trucks. Pls. escaped injury, but later arrested for reckless driving. Suit against city officials filed under 42 U.S.C. §1971 for conspiracy to deny civil rights. Pending.

Murphy W. Bell, Esq., 971 S. 13th St., Baton Rouge.

310. Indictment
311. Challenge to Grand Jury Composition (see also 510s)
Case note: Right to trial by impartial jury: juror's prior service in similar cases no disqualification: Casias v. U.S. (315 F.2d 614, CA 10 1963) 10 Howard 109-14.
312. Attacks on Character of Evidence

312.26. Molina del Rio v. New York. (U.S.S.C.) (236 NYS.2d 697) June 1961: Def.-Cuban convicted of 2nd degree murder and assault; 20 yrs. to life. Mar. 13, 1963: N.Y. Gov. signed order commuting Def's. sentence on condition Def. be deported to Cuba, without any application by Def. or his attorneys, providing Def. be deemed escaped prisoner if he ever returned. Apr. 22: Def. informed for first time of Gov's. order, simultaneously requested to sign Certificate of Release which did not specify conditions imposed. Def. signed release, deported same day without being allowed to consult counsel. Apr. 30, 1964: N.Y. Ct. of App. dismissed without passing on merits, held Def. agreed to conditions so had abandoned and waived right to appeal. Petition for certiorari pending.

Andrew R. Tyler, and Samuel A. Neuberger, Esqs., 30 Vesey St., NYC.

313. Charge of Entrapment

313.4. Benson v. Pitchess, Sheriff. (CA 9, #19069) Def.-attorney charged with conspiracy to defraud insurance co., grand theft, 3 other counts under Insur. Code §556, for representing client with fraudulent claim for personal injury. Client became agent for D.A.'s office, tape recorded conversations. Def. argues in habeas corpus action: (1) D.A. used fraud in search of office and tapes; (2) entrapment; (3) refusal of ct. to hear defense of entrapment until Def. admitted guilt in other crimes violates equal protection; and argument on statutory construction.

George W. Kell, Esq., 214 S. Garfield, Monterey Park, Calif.

And see cases at 373.

314. Charge of Conspiracy
315. Inspection of Pre-Trial Statements of Government Witnesses
316. Inspection of Grand Jury Minutes
Comment: Release of grand jury minutes in national deposition program of electrical equipment cases, 112 U. of Pennsylvania 1133-68.
320. Double Jeopardy
Comment: Double punishment: intent and objective test, 18 Southwestern 275-84.
321. In Federal Cases
322. In State Cases
330. Self-incrimination: Criminal Sanctions for Exercising Privilege (see also 270)
Case notes: Mental examination: requirement of reasonable probability for commitment and method of attacking commitment: Jaquith v. Beckwith (157 So.2d 403, Miss. 1963) 35 Mississippi 449-52.

Compulsory mental examination violates self-incrimination privilege: Steward v. Superior Court (383 P.2d 191, Ariz. 1963) 6 Arizona 145-50.

Comment: Self-incrimination and the states. 72 Yale 1491-1502.

331. Before Congressional Committees
332. Before State Committees

332.1. Malloy v. Hogan (378 U.S. 1) Facts: IX DOCKET 95.

Case note: 73 Yale 1491-1502.

333. Before Grand Juries and Tribunals

333.20. New York v. Barnett, Crenovich. (NY Crim. Ct.) Sept. 1964: During grand jury investigation of Progressive Labor Movement and Harlem Defense Council, Defs.-witnesses refused to answer questions put by DA, citing self-incrimination clause, or saying they did not remember. Oct. 1964: DA filed information accusing all Defs. of criminal contempt, and Def.-Crenovich of perjury. Pending.

Sanford M. Katz, Esq., 36 W. 44th St., and Stanley Faulkner, Esq., 9 E. 40th St., both of NYC.

And see Epton, 54.9.

334. Grants of Immunity: Federal
335. Grants of Immunity: State
336. Criminal Registration Laws
And see 1950 Internal Security Act, 211. and 245.16.
337. Miscellaneous
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340. Self-incrimination: Civil Sanctions for Exercising Privilege (see also 280)
341. Effect on Army Discharges (see also 253)
342. Effect on Employment—Public School Teachers (see also 24, 262, 267, 281)

342.4a. Mass v. San Francisco Bd. of Educ. (Calif. Sup. Ct., #S.F. 21690) (304 P.2d 1015; 17 Cal. Rptr. 549) 1953: Pl.-prof. invoked Fifth Amendment privilege in HUAC hearing; fired by City College. Feb. 17, 1962: Pl. sued for reinstatement, back pay, pension, retirement benefits. Dec. 1962: Super. Ct. held Pl. not entitled to reinstatement, awarded back pay 1953-56 (when teaching credential lapsed), denied back pay 1956-61 when new credential issued. Both parties appealed. Mar. 1964: Dist. Ct. of App. held Pl. entitled to full back earnings, less interim earnings, and to reinstatement provided Pl. proves he is competent to teach now and at time of firing; rejected Def's. contention Pl's. invocation of Fifth Amendment at HUAC hearing meant Pl. did not have 'clean hands.' Aug. 11, 1964: Calif. Sup. Ct. decided all issues in favor of Pl.: ordered Pl. reinstated with all perquisites, as if he had never been suspended, ordered Pl. recover back pay without deduction for interim earnings (about $115,000), ordered interest on each salary payment from the date it should have been paid, rejected Def's. contention that invocation of Fifth Amendment by teacher before Congressional Committee is disloyal act.

Marshall W. Krause, Esq., for ACLU of N. Calif., 503 Market St., San Francisco.

343. Effect on Employment — Other Public Officers (see also 261)
344. Effect on Employment — Private (see also 30, 268, 269)
345. Effect on Attorneys (see also 265, 373)
346. Effect on Unemployment Insurance and Social Security (see also 263)
350. Due Process
Symposium: Federal regulatory agencies: A need for rules of decision. 50 Virginia U. 652-743.

Law review article: Ruth Roemer, Due process and organized health services. 79 Public Health Reports 664.

Case notes: Declaration of mistrial because of absence of defendant: W. Virginia ex rel. Dandy v. Thompson (34 SE2d 730, 1964) 66 West Virginia 328-29.

Circuit court refuses to extend "poison fruit" doctrine to testimony of witness discovered as result of illegal detention: Smith v. U.S. (324 F.2d 879, DC Cir. 1963) 1964 Duke 620-29.

351. In Arraignment (Delay)
Survey: Patricia Wald and Anne Rankin, Pretrial detention and ultimate freedom: A statistical study. 39 N.Y. Univ. 631-55.

Case note: Dismissal of indictment obtained in violation of constitutional rights: Jones v. U.S. (#17688, DC Cir. Feb. 6, 1964) 48 Marquette 120-24.


351.4. McNear v. Rhay, Supt., Wash. Penitentiary. (Wash. Sup. Ct., #36981.) Pet. convicted, seeks writ of habeas corpus because (1) detained 48 hours before being booked when arrested without warrant; (2) confession obtained during detention period admitted in trial; (3) consent to search not freely given. Pending.

Philip L. Burton, Esq., 917 Logan Bldg., Seattle.

352. In Grand Jury Procedures (see also 311, 316)
353. In Obtaining Confessions
Symposium: Forum on interrogation of the accused: 49 Cornell 377: Ernest N. Warren, Irving Anolik, Osmond K. Fraenkel, George H. Gaffney, Fred E. Inbau, Richard Kuh, George B. McClellan, Leonard P. Moore, Michael J. Murphy, Robert E. Roulston, Wallace J. Stakel, Arthur E. Sutherland.

Case note: Police denial of attorney's request to see accused invalidates accused's subsequent confession: New York v. Donovan (13 NY2d 148, 193 NE2d 629, 243 NYS2d 841, 1963) 9 Utah 203-08.


353.20. Pate v. Page (U.S.S.C.) (371 P.2d 500; c.d. 373 U.S. 915) Sept. 16, 1959: 16 yr. old girl slain. Sept. 21: Def. arrested; questioned every day for a week, usually late at night, for 1½ to 6 hrs. Sept. 27: Def's. mother and 16 yr. old twin brothers arrested, held in protective custody, not permitted to contact relatives or lawyer; Def. told relatives would be held till he confessed, they might be charged with crime if he didn't confess. Def. saw lawyer for 45 min.; Def's. mother urged him to confess; Def. confessed. Sept. 28: Def. refused to sign typed confession. At trial, Def. repudiated confession, admitted everything in it except the killing. Convicted; death sentence. Okla. Ct. of Crim. App. affirmed. May 13, 1963: U.S.S.C. denied certiorari. Second petition for certiorari pending, alleges discriminatory effect of pre-trial publicity, motion pictures taken of Def. against his will, and inability to prove present insanity due to arbitrary state laws.

Melvin L. Wulf, and Leslie Howard Levinson, Esqs., 156 Fifth Ave., NYC; Kenneth B. Kienzle, Esq., 318 N. Broadway, Shawnee, Okla.

353.21. Ralph v. Pepersack, Warden. (CA 4) (218 F.Supp. 932) In trial, state Ct. admitted confession allegedly given fedl. officers, Def. charged unreasonable search and seizure, invalid confession: convicted. DC denied petition for habeas corpus writ, held in abeyance pending exhaustion of state remedies. State procedures exhausted. July 1, 1963: DC denied habeas corpus; Pet's. appeal pending.

Edward L. Genn, Esq., Colorado Bldg. and Lawrence Speiser, Esq., ACLU, 1101 Vermont Ave. NW, both of Washington, D.C.

353.22. Davis v. North Carolina. (ED N.C., Raleigh Div., #1302) Dec. 1959: Pet.-Negro found guilty of rape-murder; death. 1962: Pet. brought habeas corpus action alleging: (1) confession given because he was "scared and hungry"; (2) held incommunicado for 16 days. Feb. 20, 1963: hearing in DC. Decision awaited.

W. B. Nivens, Esq., 326 S. Alexander St.; Charles V. Bell and Calvin L. Brown, Esqs., 422½ E. 2nd St., all of Charlotte, N.C.

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353.23. U.S. ex rel. Colman v. Denno. (U.S.S.C.) (313 F.2d 457) June 1963: Pl., under death sentence, seeks to vacate judgment on ground his Fifth Amendment rights violated in state court proceeding. Pending.

Martin Garbus, Esq., 50 W. 8th St.; Jack Kroner and Stanley Levy, Esqs., 99 Park Ave., all of NYC.

354. In Press Releases and Newspaper Coverage
Comment: A fairness doctrine for the press. 40 North Dakota 317-28.
354.5. Sheppard v. Maxwell, Warden. (CA 6) Dec. 21, 1954: Pet. convicted of 2nd degree murder of wife; life. July 16, 1964: DC granted habeas corpus on grounds of error in: (1) refusing change of venue requested because of pre-trial publicity; (2) partiality of jurors; (3) improper introduction of lie detector test; (4) unauthorized communication among jurors; (5) failure of trial judge to disqualify himself. Jy. 17, 1964: CA stayed order of DC pending hearing in 3-judge ct.

F. Lee Bailey, Esq., 40 Court St., Boston; Benjamin L. Clark, Esq., 50 W. Broad St., and Russell A. Sherman, Esq., Lorain Co. Bank Bldg., State House Annex, Columbus, O.

354.6. Lambright v. California. (Calif. Sup. Ct.) (— C.2d —) Def. charged with 2 murders. At start of trial, Super. Ct. told jury it could read papers, hear radio and TV reports on trial. Testimony that Def. threatened one victim given outside jurors' presence, reported in press. Def. moved to poll jurors on whether they had read story; ct. denied motion; Def. convicted: 2d degree. Je. 30, 1964: Cal. Sup. Ct. rev'd.: "misconduct for juror to read newspaper accounts of a case on which he is sitting." Practice of preconviction reports of proceedings sharply criticized.
355. In Admitting Perjured Testimony (see also 312)
Case note: Prosecutor's duty to disclose evidence favorable to Def.: U.S. ex rel. Meers v. Wilkins (326 F.2d 1964) 38 Tulane 759-63.
355.4. Sobell v. U.S. (CA 2.) (Pres. Kennedy.) (142 F.Supp. 515, 355 U.S. 873, 920.) 1951: Def. convicted of conspiracy to commit espionage, with Julius and Ethel Rosenberg. After appeals and cert. den., Def.-Rosenbergs executed; Def.-Sobell: 30 yrs. Motions for new trial and to vacate conviction on grounds, inter alia: (1) Gov't. knowingly used perjured testimony; (2) Gov't. suppressed evidence which would have helped Def. and impeached Gov't. case; (3) Gov't. during hearing on motion in arrest of judgment made false representations to Ct.; (4) Def. illegally removed from Mexico by U.S. Gov't. agents; denied. Several clemency petitions by thousands filed with Pres.; denied. Oct. 30, 1962: first open hearing before Parole Bd. Dec. 7, 1962: CA 2 heard argument on Def's. motion to vacate conviction and sentence based on: (1) improper trial conduct of prosecutor in drawing inference of Def.-E. Rosenberg's guilt from her claim of privilege against self-incrimination before grand jury (Grunewald, 333.7 (353 U.S. 391) 1957); (2) charge to jury omitted element that alleged crime committed in wartime (Lee v. Madigan, 356.2 358 U.S. 228) 1959). June 17, 1963: U.S.S.C. denied cert.

Marshall Perlin and Sanford Katz, Esqs., 342 Madison Ave., NYC.

355.11. U.S. ex rel. Miller v. Pate. (CA 7, #14570) (226 F.Supp. 541) Pet., under death sentence for murder, seeks habeas corpus on ground prosecution obtained conviction although allegedly aware of facts inconsistent with guilt of accused. DC granted new trial on ground of perjury of principal prosecution witness. State's appeal pending.

Willard Lassers, Esq., George C. Pontikes, Esq., 11 S. La Salle St.; George N. Leighton, Esq., 123 W. Madison St.; Seymour Bucholz, Esq., 19 S. LaSalle St.; Edwin H. Conger, Esq., 120 S. LaSalle St., all of Chicago.

355.12. Shuler and Chatman v. Florida. (U.S.S.C., #1424) Negro-Pets. charged with rape of white woman; convicted: death. 2 Deputy Sheriffs, who had assisted, charged fabrication by Sheriff and others. Fla. Sup. Ct. dismissed petition for habeas, finding insufficient proof of Pet's. allegations or that prosecutor suppressed evidence. May 15, 1964: Petition for cert. filed. Pending.
356. In Courts Martial (see also 390)
Case note: Constitutionality of special military court martial where defense counsel not a lawyer: U.S. v. Culp (14 U.S.C.M.A. 199, 1963) 10 Howard 114-20.
357. In Naturalization Proceedings (see also 259)
358. In Expatriation, Denaturalization and Deportation Proceedings (see also 258, 259)
Case note: Requirement of presence of accused in demanding state at time of crime under uniform criminal extradition act, §6: Hardy v. Betz (195 A.2d 582, N.H. 1963) 49 Cornell 653-60.
358.22. Woo Tai King v. Holton, Dist. Dir. (ND Calif., S. Div., #40827) 1948: Pet. received Certificate of U.S. citizenship showing he had proved U.S. citizenship as of 1934. Mar. 1962: Commr. cancelled certificate, ordered it surrendered to Imm. Service—failure to surrender could subject Pet. to prosecution. June 1962: Pet. sued for return of certificate, asserting right to see evidence against him, confront accusers under due process clause, 8 U.S.C. §§1452, 1453. Def. agreed to return certificate of citizenship, cancel order rescinding it. Case dismissed as moot. New Regulations provide for cross-examination. Fed. Reg. 1-9-63, pp. 209-10. Imm. Serv. started proceedings to cancel certificate of citizenship under new regulation on basis of fraud. Pending.

George Duke, Esq., Marshall Krause, Esq., ACLU of N. Calif., 503 Market St., San Francisco.

358.24. Ting v. Immigration Service. (Imm. & Nat. Serv.) Pet.-Formosan entered U.S. on 1-yr. student visa. 1962: Def.-Serv. ordered Pet. deported. Pet. filed petition in DC alleging he would be physically harmed if returned to Formosa, due to activity in United Formosans for Independence of Formosa, critical of Kai-Shek's regime. Nov. 30, 1962: DC stayed deportation, remanded to Serv. to permit Pet. to designate country of deportation. Pending.

George Gershenfeld, Esq., 2032 Land Title Bldg., Philadelphia.

358.61. Matter of Joseph Douglas Johnson. (Imm. & Nat. Serv., St. Paul, #A13001882) 1953: Resp.—native-born American citizen—then 22, left Minn. home for Canada, where he engaged in socialist political activity. 1959: Canadian police said FBI sought him for draft evasion, Resp. voluntarily returned to U.S.; pleaded guilty to draft evasion; 2 yrs., then paroled. May 1, 1964: Imm. & Nat. Serv. began deportation proceedings against Resp. on grounds his residence in Canada was expatriatory act, 8 USC §1481(a) (2). Hearing set for Nov. 24, 1964.

Leonard B. Boudin, Esq., 30 E. 42d St., NYC; Joseph Perry, 516 New York Bldg., St. Paul; Douglas Hall, Esq., 311 Produce Bank, Minneapolis.

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359. In Loyalty Hearings (see also 251 and 268)

359.2. Scott v. Macy. (CA DC, #1050-63 Civ.) 1963: Pl.-17 year employee of Dept. of Labor removed from civil service appointment list on ground of homosexuality. Pl. sued for reinstatement, alleging: (1) no showing of immoral conduct, (2) finding unrelated to qualifications for fedl. employment. DC dismissed complaint. Appeal pending.

David Carliner, Esq., 902 Warner Bldg., Washington, D.C., for National Capital Area CLU.

And see Dew, 251.15.

360. Speedy and Public Trial
Comment: The right to a speedy trial and the new detainer statutes. 18 Rutgers 828-74.
370. Right to Counsel
Law review articles: Albert Broderick, Reflection on the right to counsel and the Adamson dissent. 13 Catholic U. 95-135.

Jules B. Gerard, A preliminary report on the defense of indigents in Missouri. 1964 Washington U. 270-332.

Burton R. Laub, The problem of the unrepresented, misrepresented and rebellious Def. in criminal court. 2 Duquesne 245.59.

Lester J, Maxor, The right to be provided counsel: Variations on a familiar theme. 9 Utah 50-89.

Comments: An historical argument for the right to counsel during police interrogation. 73 Yale 1000-57.

Right to court appointed counsel for indigent Defs. in noncapital cases, applied to state proceedings through Fourteenth Amendment. 18 Southwestern 284-91.

Oh where, oh where will Gideon go? 25 U. of Pittsburgh 719-41.

The coming of Messiah: A demand for absolute right to counsel. 52 Georgetown. 825-52.

371. In Federal Cases

371.6. Johnson v. U.S. (CA 5, #21653) Aug. 1961: Def. arrested: bank robbery; waived counsel; pleaded guilty; convicted: 15 yrs. Sept. 1961: Def. refused to answer questions while appearing as Gov't. witness in trial of others; convicted in summary contempt proceeding: 3 more yrs. Def. and father requested sanity h'g.; refused. June 11, 1964: Def. allowed to appeal in forma pauperis on denial of counsel due to incompetence at time of waiver. Pending.

Leslie H. Levinson and Melvin L. Wulf, Esqs., ACLU, 156 Fifth Ave., NYC.

Law review article: John R. Waltz, Inadequacy of trial defense representation as a ground for post-conviction relief in criminal cases. 16 Northwestern U. 289-342.

371.7. Pate v. Wilson. (ND Calif., #42683) Oct. 15, 1964: Def. broke out of Nevada Mental Hospital; allegedly kidnapped and robbed man; arrested in Calif. by Calif. police; spent 3 wks. in Calif. jail where he had series of psychiatric breakdowns; returned to Nevada; charge: first degree kidnapping. Def's. sister tried to retain counsel, but none appeared for preliminary examination. Def's. request for continuance denied. Trial judge denied request for continuance, refused to appoint counsel. Prior to trial, Def. subjected to shock treatments, sleep-inducing drugs, strapped in bed by ankles and wrists. Night before trial, ct.-appointed attorney convinced Def. to change plea to guilty. Judge who held Def. mentally incompetent 13 days before did not inquire into Def's. mental condition; convicted: life. Petition for habeas corpus denied. Pending.

Marshall Krause, Esq., 503 Market St., and Arthur Brunwasser, Esq., 1255 Post St., both of San Francisco.

372. In State Cases

372.14. Alabama v. Hamilton. (Jefferson Co. Cir. Ct., #98942) (363 U.S. 852; 368 U.S. 52.) 1957: Negro-Def. arraigned for burglary (intent to ravish); minute entries showed Def. had counsel, but pleas which, under Ala. law, can only be made at arraignment not made: insanity, motion to quash based on systematic exclusion of Negroes from grand juries, etc. Def. pleaded not guilty; convicted, death sentence. On appeal, Def. alleged denial of counsel at arraignment; Ala. Sup. Ct. affirmed: can not impeach minute entries on appeal. U.S.S.C. denied cert. when Ala. said only remedy by way of coram nobis. On coram nobis, Ala. Sup. Ct. recognized Def's. right to counsel at arraignment under Ala. Code Tit. 15, §318, held Def. not "disadvantaged in any way" by counsel's absence. Nov. 13, 1961: U.S.S.C. reversed, Douglas, J.: degree of prejudice to Def. "can never be known." 1963: On arraignment, Def. moved to quash indictment on ground of systematic exclusion of Negroes from jury. Aug. 9: Cir. Ct. denied motion. Dec. 11: Def. convicted; life. Feb. 7, 1964: Def's. motion for new trial filed and argued. Aug. 26: Petition for free trial transcript denied.

Peter A. Hall, and Orzell Billingsley, Jr., Esqs., 1630 4th Ave., N. Birmingham.

372.21. New York v. Coe. (Oneida Co. Ct.) (232 NYS.2d 944.) 1948: indigent Def. convicted; did not appeal. 1962: Pet. filed writ of error coram nobis alleging ct.-appointed atty. advised Def. he would need money to buy transcript and print record, and this error prevented Def. from perfecting appeal. Sept. 29, 1962: Co. Ct. denied application for writ, held no state action: "To grant Def's. application would clearly require a finding that assigned counsel becomes an officer, agent or employee of the state upon his assignment to defend an indigent Def." Appeal pending.

Ct.-appointed counsel: Francis P. Finnegan, Esq., 502 Bleecker St., Utica.

And see cases at 451.

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73.1. Lefton v. City of Hattiesburg. (Muni. Ct.) Facts at 73., X DOCKET 24. After arrest, Def.-ministers sought local counsel, refused by 6 firms. At trial, Defs. stood mute; ct. entered not guilty pleas. Defs. requested La. attorneys be permitted to represent them. D.A. objected. Issue pending in removal action.
372.23. Hazel v. Pepersack, Warden. (MD Md., #13781; Balt. City Sup. Bench.) (206 F.Supp. 142, 1962.) Def. convicted in state ct.; death sentence. Ct. denied motion for new trial because of lack of diligence of defense counsel prior to trial. May 7, 1962: DC denied petition for habeas corpus writ, held in abeyance pending exhaustion of state remedies. Issues: constitutionality of McNaughten Rule, misstatement of state officials re Def's. mental competency; incompetence of counsel. State ct. granted motion for new trial.

Edward L. Genn, Esq., Colorado Bldg., Lawrence Speiser, Esq., ACLU, 1101 Vermont Ave. NW, both of Washington, D.C.; Fred Weisgal, Esq., 10 E. Fayette, Baltimore.

372.24. New York v. Mawbey. (App. Div. 3rd Dept.) Def. pleaded guilty; convicted. Writ of error coram nobis filed alleging Def. insane, denied right to consult counsel at time of judgment. Co. Ct. denied coram nobis. Dec. 27, 1963: Ct. granted permission to proceed in forma pauperis on appeal. Pending.

Smith, Pattison, Sampson and Jones, Esqs., 22 First St.; Lambert Ginsberg, Esq., 12 First St., all of Troy, N.Y.

372.25. Smith v. Mississippi. (U.S.S.C.) (145 So.2d 688, 373 U.S. 238) Def.-Negro convicted of rape; death sentence. Miss. Sup. Ct. affirmed. Issues: whether confession coerced; whether court-appointed white lawyer failed to provide effective representation; absence of evidence to support conviction. Dec. 17, 1962: U.S.S.C. granted petition for certiorari and to proceed in forma pauperis. May 13, 1964: U.S.S.C. dismissed writ without prejudice: record insufficient to permit decision on constitutional claims.

Rowland Watts, Melvin L. Wulf, Esqs., ACLU, 156 Fifth Ave., NYC; William Higgs, Esq.

372.27. Walton v. Arkansas. (Ark. Sup. Ct., #5001) (371 U.S. 28) Def. convicted of murder, death. Ark. Sup. Ct. affirmed. Oct. 22, 1962: U.S.S.C., per curiam, granted cert. and in forma pauperis petition, vacated and remanded to Ark. Sup. Ct. for further consideration in light of Hamilton, 372.14, 368 U.S. 52, since record does not show Pet. had counsel at arraignment or had "understandingly and intelligently waived that right." Dec. 11, 1963: On retrial, Def. convicted: life. No appeal.

Cecil E. Johnson, Esq., Ashdown, Ark.

372.31. Mississippi v. Broom. (Leflore Co. Cir. Ct., #17857) Nov. 10, 1962: Def.-Negro woman arrested. Nov. 12: Def. arraigned, charged with false pretenses, pleaded not guilty. Nov. 26: Under promise of leniency, Def. pleaded guilty: 2 yrs., suspended sentence, admitted Def. to probation. May 18, 1964: While attending regular appointment with probation officer, Def. informed she had violated her probation. Cir. Ct. revoked probation, sentenced Def. to 1 yr. in Parchman Prison. July 3, 1964: Def. filed petition for writ of error coram nobis in trial ct., alleging all proceedings conducted without counsel, without advice of right to counsel, or opportunity to employ counsel; Def. innocent of offense; Def. not financially able to employ counsel, unable to find volunteer counsel admitted to practice in Mississippi. Def. asked for hearing, admission of her out-of-state attorneys to practice for this case, order vacating the 1962 judgment of conviction and 1964 probation order. Pending.

Claudia Shropshire, Esq., 3200 Cadillac Tower, Detroit; Bruce Waltzer, Esq., 305 Baronne St., New Orleans, La.; L. H. Rosenthal, Esq., Comm. for Legal Assistance in the South, 507½ N. Farish St., Jackson, Miss.

372.33. New York v. Baker. (Sup. Ct., N.Y. Co., #2195-64) 1964: Defs.—6 Negro youths—arrested: murder of white Harlem shopkeeper and attempted murder of her husband. In N.Y., indigent Def. is entitled to counsel, who is paid designated fee and given daily free copy of the transcript. Four Defs. requested particular counsel be appointed; Sup. Ct. denied to appoint counsel of Defs.' choice, appointed others instead; dismissed petition for writ raising this issue. Appeal pending.

Mary M. Kaufman, Esq., 30 E. 42d St.; Conrad Lynn, Esq., 401 Broadway; William Kunstler, Esq., 511 Fifth Ave., all of NYC.

372.35. Louisiana ex rel. Williams v. Clemmons. (19th Jud. Dist. Ct., Parish of E. Baton Rouge, #101,779; ED La., Baton Rouge Div., Misc. #779) Nov. 1964: Relator-Negro woman, 18, mother of 3 illegitimate children, accused by white employer of kissing his female child, aged 4 yrs., on the vagina; charge: crime against nature; pleaded guilty without counsel, signed waiver of counsel. First habeas claiming coerced confession, denial of right to counsel and due process denied; second writ claiming insufficient bill of information and denial of counsel denied; State Sup. Ct. denied writ combining all claims. Habeas corpus to DC on insufficient bill and denial of counsel argued Nov. 6, 1964. Pending.

Murphy Bell, Esq., 971 South 13th St., Baton Rouge, La.

And see 453.3.

372.36. Anderson v. Kentucky. (U.S.S.C., #1) 1961: Def., member of Indiana bar, suffering from schizophrenic disorder and delusions, charged with 1st degree murder. Def. at own insistence allowed to represent self; convicted. Ky. Ct. of App. affirmed: "Def. completely oriented as to time, place, and person." Nov. 5, 1962: U.S.S.C. granted cert. and in forma pauperis. Issue: Did Def. have mental capacity to intelligently represent self?

Frank E. Haddad, Esq., Louisville, Ky.

373. Indirect Restrictions (see also 265, 345)

373.14. In re Proceedings Against R. Jess Brown. (SD Miss., #3382 Civ.) Mar. 1963: Atty. filed Hudson v. Leake Co. School Bd., 522.Miss.3, school desegregation case. Apr. 6, 1963: DC issued order to Atty. to show cause why he should not be held in contempt because: (1) one Pl. alleged she had not retained Atty. in school suit; (2) Complaint alleged Pls.' homes were shot into after their petition to School Bd. Aug. 20: After hearing at which Atty. produced signed retainers from all Pls. and proof of shootings, DC dismissed charges against Atty., assessed $263. costs against Atty. Oct. 25: DC refused to set aside costs. Appeal pending.

Jack H. Young, Esq., 115½ N. Farish St., Jackson.

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374. Opportunity for Appellate Review
Comment: The right of the state to appeal in criminal cases. 42 N. Carolina 887-909.
374.22. In Matter of Application of Henderson. (Calif. Sup. Ct.) Facts: IX DOCKET 99. Cite: 393 P.2d 685. Case note: 44 Stanford 1108-13.
380. Confrontation
381. In Criminal Cases

381.5. Gray v. Wilson. (ND Calif., #41890) Def. arrested, pleaded innocent, waived right to jury trial after extensive examination by trial judge. Counsel, a public defender, submitted case on preliminary transcript, waiving Def's. right to cross-examination and confrontation without questioning by judge; convicted. June 18, 1964: DC granted Def's. petition for habeas corpus: right to cross-examination and confrontation protected by Fourteenth Amendment in state criminal case; waiver must be made by accused, not his attorney, after full examination to make certain he understands the waiver.

Malcolm J. Rainsford, Esq., 703 Market St., San Francisco.

See cases at 372.

382. In Civil Cases
390. Jury Trials (see also 356, 510)
391. Nature of Jury Trial

391.7. New York v. Dr. Russo. (N.Y. Super. Ct., App. Div.) Sept. 11, 1964: ct. ordered new trial for Def. convicted on abortion charges because jurors listened to World Series while deciding case; at least 10 jurors pooled $1.00 each on score.

Comment: Defendants accused of criminal contempt are not guaranteed trial by jury either by Sixth Amendment or Clayton Act. 25 U. of Pittsburgh 762-65.

392. Waiver of Jury

392.1. Igoe v. U.S. (U.S.S.C., #145) Def. waived jury trial in DC. Govt. objected to DC acceptance of waiver, refused to proceed until jury impanelled. DC dismissed "for want of prosecution." CA 7 issued mandamus to DC to reinstate case on calendar, held Def. could not waive jury without Gov't's. consent, held grant of mandamus will not expose Def. to double jeopardy. Def's. petition for cert. pending.

Anna R. Lavin, Esq., Chicago.

392.2. Singer v. U.S. (U.S.S.C., #42) (326 F.2d 132) Def. tried for mail fraud in SD Calif., attempted to waive jury trial; Gov't. refused to consent to waiver. Def. convicted in jury trial. CA 9 affirmed: "Although appellant's logic is not lacking in some persuasive quality, we are of opinion that constitutionality of Rule 23(a) is well settled." Mar. 9, 1964: U.S.S.C. granted cert. Oct. 5, 1964: U.S.S.C. granted motion of Joni Rabinowitz, 55.68, to file brief as amicus for Def.

Sidney Dorfman, Esq., Beverly Hills, Calif.

For amicus: Victor Rabinowitz, Esq., 30 E. 42d St., NYC; and see 55.68.

400. Excessive Bail; Parole Conditions
Symposium: Criminal law and procedure. 15 Western Reserve 431-533: Jack G. Day, Bail in criminal cases; Judge William K. Thomas, A postscript to the Meredith case; William F. Walsh, An acerbic look at the death penalty in Ohio; Lawrence Herman.

Comment: Bailbondsmen and the fugitive accused—the need for formal procedures. 73 Yale 1098-1111.

Law review articles: Kennedy, Criminal Justice, 5 Wm. and Mary 167.

Punishment before trial: abuses of pre-trial detention and bail. 48 J. Am. Jud. Soc. 6.

401. Amount of Bail

401.14. Johnson v. Davis. (MD Fla., Jacksonville Div., ##64-141-Civ. J; 64-150-Cr.-J) (9 RRLR 814) Easter Week, 1964: During demonstrations in St. Augustine, Fla., see 55.89, many arrested. Pls. sued Defs.-sheriff, police chief, judge for reduction of bail and to enjoin brutal treatment in Co. jail. Je. 9-10, 1964: DC found: (1) appearance bonds arbitrarily fixed in grossly excessive amounts to harass Defs. and deter others; (2) juvenile demonstrators denied customary release to custody of parents pending trial; (3) Defs.' treatment of Pls. "studied and cynical brutality, deliberately contrived to break them, physically and mentally," incl. use of sweatboxes, padded cells, exposed and inadequate toilet facilities. DC issued preliminary injunction restraining state trials unless adult Pls. released on $100. bonds for each charge, juveniles released in parents' custody, enjoined maltreatment of Pets.

NAACP Legal Def. & Educ. Fund, Inc., 10 Columbus Cir., NYC.

And see 55.89, and 55.89 at 73; 553.Fla.2.

401.15. Wade v. Alabama. (Ala. Ct. of App.) (166 So.2d 739) Def. arrested on 3 second degree burglary and grand larceny indictments; left state, did not appear on call of criminal docket; returned saying he had been admitted to hospital in another state. Trial ct. fixed bail at $25,000. on each indictment, denied petition for habeas corpus writ. Ct. of App. reversed, ordered reduction $12,500. on each indictment: (1) Ala. Const. §16 decries excessive bail; (2) rough rule of thumb is: bail for residents fixed at maximum of $1,000. for each year of potential imprisonment; (3) extensive discussion of residency question: when is one from out-of-state resident for purposes of securing more favorable bail treatment under state law.
401.16. California v. George Allen. (Sacramento Super. Ct.) Def.-Airman took TV set to pawn shop; arrested: stealing; $1,100. bail set. Def. held 77 days pending trial because unable to raise bail. Jy. 3, 1964: DA discovered no. on TV set different from stolen one; Def. released. U.S. Air Force pd. Def. for time served, counted 77 days as duty time.
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402. Conditions Imposed
403. Denial of Bail

403.13. New York ex rel. Revo v. Noble. (App. Div., 1st Dept.) Def. arrested twice under misdemeanor obscenity statute. Apr. 16, 1964: Def. convicted in non-jury trial under same statute: 1 yr. and $1,000., or 30 days; bail denied on grounds of 2 previous convictions. In petition for habeas corpus, Def. contends: (1) denial of jury trial, and (2) NY statute which denied bail contravenes Eighth and Fourteenth Amendments. May 13, 1964: DC denied petition for failure to exhaust remedies.

Ira H. Holley, Esq., 88 Baxter St., NYC.

404. Miscellaneous Bail Problems
410. Cruel and Unusual Punishment
Comment: Revival of the Eighth Amendment: Development of cruel-punishment doctrine by Supreme Court, 44 Stanford 996-1015.
411. In Criminal Cases
And see cases at 304.

Comment: Compulsory sterilization of criminals—perversion in the law; perversion of the law. 15 Syracuse 738-53.


411.11. Winston v. U.S. (ED NY) (374 U.S. 150) 1959: Pl.-Negro Communist Party leader serving 8 yr. sentence under Smith Act conspiracy conviction (see Dennis, 341 U.S. 494) suffered dizziness, vision difficulties. Prison Dr. diagnosed as borderline hyper-tension, told Pl. to reduce weight. Jan. 1960: Pl. hospitalized. Feb. 1960: brain tumor removed; Pl. permanently blind; temporarily paralyzed. Nov. 7, 1960: Pl. filed $1,000,000. damage action against U.S., charging negligence, wrong diagnosis. DC dismissed complaint; CA 2 reversed, reinstated Pl's. complaint, held Fedl. Tort Claims Act does not except prisoners. June 1962: CA 2, en banc, affirmed (5-4). June 1963: U.S.S.C. affirmed (8-0). Awaiting trial.

John J. Abt, Esq., 299 Broadway, NYC.

411.13. Cobb v. Georgia. (CA 5) (126 S.E.2d 231, c.d. 371 U.S. 948) Def., 15-yr. old Negro tenant on Dumas farm, indicted for murdering Dumas, 70-yr. old white man, after argument re fishing on lake. Convicted by all-white jury, no recommendation of mercy; death penalty. Ct.-appointed counsel did not appeal. New counsel moved for new trial. Issue: systematic exclusion of Negroes from jury in Jasper Co. Trial ct. denied motion for new trial. Ga. Sup. Ct. affirmed. Jan. 7, 1963: U.S.S.C. denied certiorari. 1963: Trial ct. denied Def's. motion for new trial based on newly discovered evidence. Nov. 1963: DC denied petition for writ of habeas corpus. Dec. 4: Huttle, C. J. stayed execution of state death sentence pending appeal in CA 5. Appeal pending from state court denial of motion for new trial.

Donald L. Hollowell, Esq., 859½ Hunter St. NW, Atlanta.

411.19. Fleishour v. U.S. Fedl. Bureau of Prisons, Assoc. Warden, Stringfellow. (ND Ill., E. Div., #62-C-2270.) Dec. 15-16, 1962: Def.-prisoner Stringfellow assaulted Pl.-prisoner with fire extinguisher. Pl. suing under 28 U.S.C. §1346(b), 18 U.S.C. §§4081, 4082 for damages: blindness in right eye, paralysis, scars, bruises, etc. Issue: failure of Defs. to place Def.-prisoner in medical facility, failure to have any guard in vicinity at time of attack. Defs.' motion to dismiss withdrawn. Pl's. motion for summary judgment on issue of liability and pre-trial discovery pending.

Elmer Gertz, Esq., 120 S. LaSalle, Chicago.

411.20. Delaware v. Cannon. (U.S.S.C.) (190 A.2d 514, 196 A.2d 399) 19-yr. old Def. convicted of grand larceny; 3 yrs. and 20 lashes "inflicted publicly by strokes on the bare back well laid on," suspended. Sentence reimposed on violation of probation. Issue: does whipping violate state and/or fedl. constitutional prohibitions against cruel and unusual punishment? April 3, 1963: Dela. Sup. Ct. held whipping as punishment for crime "does not violate 8th & 14th Amendments of the U.S. Constitution." Sept. 3, 1963: On rehearing, Del. Sup. Ct. declined to consider constitutionality of whipping as punishment, remanded for hearing on Def's. mental condition and possible adverse psychological effect of whipping on him. Petition for certiorari pending.

Harold Schmittinger, Esq., S. State St., and James B. Messick, Esq., The Green, both of Dover.

411.21. Virginia v. Wansley. (Va. Sup. Ct. of App., ##5769, 5770) Def.-18-yr. old Negro charged with raping Japanese-American; Def. alleged he had had sexual intercourse with woman twice previously, pleaded not guilty. Feb. 1963: Convicted; death sentence. Feb. 7, 1963: Same Def. convicted of rape of 59-yr. old white woman who could not positively identify him; death sentence. Death sentence also for stealing $1.36 from one of the women. Issues: adequacy of evidence; inequality of sentence, since white man convicted in same ct. in 1962 of raping 11-yr. old Negro girl sentenced to 5 yrs.; denial of right to mental examination; trial on death penalty charge without court reporter. 1964: Va. Sup. Ct. reversed for errors in trial; new trial ordered.

Len W. Holt, Esq., 250 Nicholson N.E., Washington, D.C.; Wm. Kunstler, Esq., 511 5th Ave., NYC.

411.23. New York v. La Fountain. (N.Y. Sup. Ct., App. Div., 3rd Dept.) May 1963: Def.-Welfare recipients indicted under social welfare Law §145 for doing "wilful act designed to interfere with proper administration of public assistance." Defs. refused to cut brush in work relief project. Aug. 8, 1963: In Co. Ct., Defs. found guilty. Issues on appeal: (1) denial of due process, (2) conviction violates 13th Amendment and federal anti-peonage law (18 U.S.C. 1581). Pending.

Melvin L. Wulf, David Ellhorn, Esqs., ACLU, 156 5th Ave., NYC.

412. In Extradition Cases
413. In Civil Cases
430. Due Process for Juvenile Offenders (see 56)
Symposium: Youth and the judicial process. 15 Syracuse 625-703: Introduction, Robert W. Miller; Some "unfinished business" in the management of juvenile delinquency,

Sheldon Glueck; Juvenile delinquency or youthful criminality, J. Edgar Hoover; Federal commitment practices and procedures for juvenile offenders, Dante M. Scaccia; New York Family Court Act: Article 7—its philosophy and its aim, Hon. Daniel J. Donahoe; Launching a new program: Problems and Progress, Milton Luger.

Law review article: Richard Crouch, Procedural problems in Virginia juvenile delinquency hearings. 5 William and Mary 76-100.

Comment: When is a youth not a youth? "Majority" rule and "minority" rule in New York state. 15 Syracuse 705-28.

Case notes: Hearing requirements must be followed in juvenile delinquency cases: Matter of Dennis (20 App. Div. 2d 86, 244 NYS.2d 798, 4th Dept. 1963) 15 Syracuse 777-79.

Police may arrest neglected or delinquent child without warrant although child not committing a crime: In re L_____ (194 NE.2d 797, Ohio Juv. Ct. 1963) 15 Syracuse 782-85.

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440. Due Process for Incompetent Defendants

440.1. New York v. Codarre. (U.S.S.C., #304) (285 App. Div. 1087, 140 NYS.2d 289 (1955) aff'g. 206 Misc. 950, 138 NYS.2d 18; 5 AD.2d 1016, 174 NYS.2d 123 (1958), aff'g. 8 Misc. 2d 145, 167 NYS.2d 443; 215 NYS.2d 731 (1961) aff'g. 24 Misc. 2d 902, 205 NYS.2d 523; 223 NYS.2d 457, 179 NE.2d 475.) 1943: Def.-13 yr. old argued with girl friend, killed her during epileptic attack. During trial, Def. pleaded guilty to second degree murder; 30 yrs. to life. May 10, 1960: Def. applied for writ of error coran nobis; denied. May 3, 1961: N.Y. Ct. of App. granted permission to appeal. Issue: whether state procedure which permits epileptic 13 yr. old to plead guilty to murder in any degree violates Fourteenth Amendment due process clause. Nov. 30, 1961: N.Y. Ct. of App. granted Def's. writ of error coram nobis. Hearing in Duchess Co. Ct. alleged by Def. that suppression by prosecutor of medical report showing Def. to be epileptic denies due process. Co. Ct. denied writ of error for third time. June 10, 1964: Ct. of App. affirmed. Petition for cert. pending.

Ducker & Feldman, Esq., 1775 Broadway; Nancy Carley, Esq., O. John Rogge, Esq., 44 Wall St., all of NYC.

450. Post-Conviction Remedies
Symposium: Habeas corpus—proposals for reform: 9 Utah 18-44: Charles S. Desmond, Paul A. Freund, Walter Gellhorn, Edgar Bodenheimer.
451. In State Courts in State Cases

451.2. Eyman v. Mahoney. (Ariz. Sup. Ct.) State prisoners failed to mail notice of appeal with Sup. Ct. in time. DC denied petition for habeas corpus, then adopted new Rule 16a allowing appeal even after 60 days when Def. failed to appeal in time without fault on his part.

Amelia D. Lewis, Esq., P. O. Box 370, Sun City, Ariz.

452. In Federal Courts in State Cases
Comment: The responsibilities of fed'l. courts in post-conviction proceedings, 5 Wm. and Mary 150-54.
452.1. Fay v. Noia. (372 U.S. 391) Facts: VIII DOCKET 82. Case note: 5 Wm. and Mary 150-54.
452.7. U.S. ex rel. Durocher v. LaVallee. (CA 2) (330 F.2d 303) Pets.-four state prisoners sought fed'l. habeas corpus because they were denied counsel in criminal proceedings later used by NY authorities to give Pets. "second-offender" status and possibility of higher sentences for New York convictions for which they were, at the time of filing pettions, incarcerated. DC, in pre-Gideon, 372.1, 372 U.S. 335, ruling, denied all petitions; substantial justice was done. CA 2, en banc, reversed for hearing on allegations in petitions: (1) there is no exhaustion of remedies question because first convictions are all from other states and N.Y. Def. not compelled at his New York trial to challenge prior convictions from other states; (2) mere possibility of shorter sentence is enough to justify giving fedl. habeas corpus, despite fact Pls. sentenced to less than permissible maximum for first offenders; (3) prior state conviction may be invalidated by fedl. court on application by second offender currently in jail; (4) requirement of court-appointed counsel in state criminal proceedings not limited to cases where no guilty plea is entered; (5) failure to advise Def. of right to counsel will invalidate guilty plea; (6) rule of Gideon as interpreted here is retrospectively applicable to all state prisoners. Pending.

Leon B. Polsky, Esq., Legal Aid Society, NYC.

And see 372.

453. In Federal Cases

453.1. Sanders v. U.S. (373 U.S. 1) Facts: VIII DOCKET 107.

Case note: 5 Wm. and Mary 150-54.

453.3. Louisiana ex rel. Williams v. Clemens, Sheriff. (E. Baton Rouge Parish Dist. Ct., 19th Dist., #101,495) Jy. 7, 1964: Rel.-Negro prisoner in 372.35 filed habeas corpus petition alleging detention in segregated jail is illegal, attacking commitment order; Ct. denied. Sept. 25: Rel. filed de novo writ in La. Sup. Ct.; pending.

Murphy Bell, Esq., 971 S. 13th St., Baton Rouge.

And see 553.Fla.3.

460. Sentencing and Clemency Procedures
461. Sentencing Process

461.2. Wood v. Denno. (CA 2) Feb. 1963: Suit filed in DC for vacation of judgment of death against Pet. on ground he was denied fair hearing to determine if his insanity precludes his execution. DC denied application; appeal to CA pending.

Martin Garbus, Esq., 50 W. 8th St.; Norman Redlich, Esq., 29 Washington Sq. West, both of NYC.

461.6. Maxwell v. Stephens, Warden. (ED Ark., Pine Bluff Div., #PB 64 C 4) (229 F.Supp. 205) May 6, 1964: Pet.-Negro charged with rape of white woman; convicted: death. Ark. Sup. Ct. denied death penalty statute unconstitutional in application due to discriminatory imposition on Negroes. DC denied habeas corpus petition: objections to jury selection on ground of discrimination waived because not raised at trial; if not waived, no showing of discrimination; Pet. failed to show statute unconstitutional in application as to prosecution by DA or sentencing by jury.
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461.7. Mitchell v. Henslee. (CA 8, #17208) (327 SW.2d 384; 332 F.2d 16) May 4, 1964: Negro convicted of raping white woman: death; Ark. Sup. Ct. aff'd. Motion to vacate filed in state ct. on ground death penalty imposed only on Negro men convicted of raping white women; unequal punishment in violation of Fourteenth Amendment; Negroes systematically excluded from jury panel. Ark. Cir. Ct. dismissed motion and habeas corpus petition: matters could have been raised on appeal; original proceeding regular on its face; rendered by court of competent jurisdiction; claim not within scope of habeas. DC denied habeas: failure to raise objections on appeal constituted waiver; found contentions without merit. CA 8 reversed: failure to raise violations of fed'l. constitutional rights in state ct. appeal does not preclude raising in fed'l. habeas petition; by-passing state procedures not automatically an intentional and knowing waiver precluding fed'l. proceedings; remanded for hearing on merits.

And see 512.Ark.

462. Applications for Probation
463. Applications for Parole
Comment: Rights of fed'l. parolee threatened with parole revocation. 1964 Washington U. 335-55.
463.1. Richardson v. Rivers. (CA DC) (335 F.2d 996) Negro prisoner sued Parole Bd. alleging racial discrimination in its denial of his application for parole, submitted dates of incarceration and parole of certain white prisoners to show that disparity between their treatment and that afforded him indicated denial of his application was result of racial discrimination. Bd. filed affidavit denying discrimination. DC granted Bd's. motion for summary judgment. CA affirmed: no genuine issue as to material fact which would tend to show Bd. acted under color of law, thereby depriving Pl. of fed'l. right.
464. Applications for Pardons or Executive Clemency
465. Applications for Expungement or Certificates of Rehabilitation
490. Miscellaneous Due Process

490.6d. Connecticut v. Griswold and Buxton. (U.S.S.C., #496) (200 A.2d 479) After U.S.S.C. decision in Poe, 490.6, 367 U.S. 497, Def. exec.-dir. of Planned Parenthood League and Def.-Dr. opened clinic. Nov. 1961: Defs. arrested. Charges: violation of 1879 Conn. act prohibiting use or prescription of contraceptive devices or drugs. Jan. 2, 1962: Defs. convicted after trial; $100. fine. Issues: (1) rights to liberty and property under Fourteenth Amendment: freedom of speech, right to practice profession; (2) whether Defs. violated accessory law since (a) no offense if substantive statute could not be applied to married persons; (b) proof insufficient to establish that Defs. are accessories. Cir. Ct. affirmed, certified case to Conn. Sup. Ct. of Errors because of great public importance of issues. May 11: Conn. Sup. Ct. affirmed, held act prohibiting use of birth control devices and dissemination of birth control information constitutional. Appeal pending.

Fowler V. Harper, Esq., Yale Univ. School of Law, and Catherine Rorabach, Esq., 185 Church St., New Haven.

490.22. Sills v. Gotthilf. (U.S.S.C., #50) (375 U.S. 79) 1960: Pl. sued Def. for debt; judgment for Pl. Ct. ordered body execution of Def. Issue: if arrest used in civil action simply to enforce collection of debt, Civil Practice Act §764 violates due process clause of Fourteenth Amendment. Direct appeal under Civil Practice Act, §588(1)(a) and motion to dismiss appeal. U.S.S.C. granted cert. Nov. 1963: U.S.S.C. dismissed petition for cert. as improvidently granted, on ground Pet. had not exhausted state court remedies. Pending.

O. John Rogge, Esq., 60 Broad St., NYC.

490.23. U.S. v. Cook. (ED S.C. #23, 705.) Oct. 30, 1963: Def. charged with holding Negro employee in slavery and peonage in violation of Thirteenth Amendment. Def. pleaded not guilty. Trial: Apr. term, 1964.

Terrell L. Glenn, U.S. Atty., Columbia, S. C.

III. EQUAL PROTECTION (FOURTEENTH AMENDMENT) (500-599)

Booklet: Citizens' Guide to the 1964 Civil Rights Act. 28 pp. 1965. Natl. Lawyers Guild, 1509 Cadillac Tower, Detroit.

Law review articles: Richard S. Arnold, The power of state courts to enjoin federal officers. 73 Yale 1385-1406.

Laurent B. Frantz, Congressional power to enforce Fourteenth Amendment against private acts. 73 Yale 1353-84.

Walter Gellhorn, A decade of desegregation—retrospect and prospect. 9 Utah 3-17.

Thomas E. Kellett, The expansion of equality. 37 S. California 400-24.

Charles Alan Wright, The overloaded Fifth Circuit: A crisis in judicial administration. 42 Texas 949-82.

Paul J. Mishkin, A footnote to "A crisis in judicial administration". 42 Texas 1049-51.

Comment: Constitutional law: A statement against state action. 37 S. California 463-72.

Shepard W. McKenney, An argument in favor of strict adherence to the "state action" requirement. 5 William and Mary 213-29.

Report: Brunswick, Watters, Ga., city integrates without demonstrations or court action. Southern Regional Council, 5 Forsyth St., NW, Atlanta, Ga.

500. Elections
501. Racial Discrimination
Law review article: Donald P. Kommers, The right to vote and its implementation. 39 N. Dame 365-410.
501.Ala.5a. U.S. v. Dallas Co. (SD Ala., N. Div., Civ. #3064-63) (229 F.Supp. 1014) Mar. 19, 1964: Suit filed under Civil

Rights Act for intimidation and coercion of prospective Negro registrants by sheriff and co. solicitor. DC held: attendance of sheriff and D.A.s at civil rights meetings within exercise of duties due to likelihood of violence; arrest of person questioning those in registration line was valid exercise in maintenance of order; Pl. failed to prove ultimate factual allegations.

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501.Ala.9. U.S. v. Mayton and Alabama. (Perry Co.) (SD Ala., #2881.) (335 F.2d 153; 9 RRLR 1337) Aug. 1962: Justice Dept. sued to enjoin Defs. from interfering with prospective Negro voters. Complaint alleged 257 registered Negro voters of Co's. 5,202 Negroes of voting age; 3,100 whites registered of Co's. 3,441 whites of voting age. Nov. 15, 1962: after hearing, DC issued injunction. Subsequent requests for registration rejected. July 23, 1964: CA 5 issued mandate ordering DC to appoint referee to process applications. Aug. 21, 1964: Referee O. S. Burke appointed; ordered 24 applicants registered. Nov. 18, 1964: findings of referee confirmed in all respects. First and only case in U.S. in which referee appointed. Application for permanent injunction pending.

Vernol R. Jansen, Jr., U.S. Atty., Mobile.

501.Ala.10. U.S. v. Bd. of Reg., Jefferson Co. (ND Ala., S. Div., #CA64-367.) July 31, 1963: Suit filed under 42 U.S.C. §§1971, 1971(d), 1971(c), 28 U.S.C. §1345, seeking finding that Defs. guilty of discrimination in voter registration, and permanent injunction. Pl. challenges 1901 Ala. Const. §182 disqualifying from voting: idots, and those convicted of such crimes as malfeasance in office, subornation of perjury, robbery, forgery, assault and battery on wife, bigamy, miscegenation, any infamous crime or crimes involving moral turpitude, vagrancy, buying or offering to buy votes. Pending.
501.Ala.12. U.S. v. Logue, Bd. of Reg. (SD Ala., N. Div., Civ. #3081-63) (9 RRLR 770) Mar. 31, 1964: Suit filed to enjoin failure to register Negroes. DC denied injunction; found: Negroes compose 70% of Co. population but none registered; during 1963 all 29 Negro applicants refused because failed to have registered voter vouch for them; Registrar applied requirement to all applicants; no abuse of Negro applicants; no sincere effort by Negroes to get registered voter to vouch for them; no pattern or practice of discrimination.
501.La.1b. U.S. v. Citizens Council, Lucky and Louisiana (Ouachita Parish.) (WD La.) Jy. 11, 1961: Justice Dept. sued for injunction requiring Def. to restore 4,800 Negro voters purged from voting rolls in last 5 yrs. and to register other qualified Negro applicants. Complaint alleged Citizens Council filed affidavits challenging registration of 4,378 Negro voters in Mar.-Apr. 1956, and Def. accepted affidavits knowing they had not been taken under oath and were without personal knowledge of affiants. While 5,500 of Co's. 16,377 eligible Negroes registered in Jan. 1956, only 725 registered Apr. 30, 1961, while no. of whites registered remained constant. Pending.
501.La.6a. U.S. v. Manning. (E. Carroll Parish.) (WD La., Monroe, Shreveport Divs., #8257.) (206 F.Supp. 623, 215 F.Supp. 272) Apr. 1961: U.S. filed suit under 1960 Civil Rights Act charging Def.-registrar with preventing 4,183 eligible Negroes from registering by requiring that each Negro applicant be identified by 2 registered voters from his precinct; result: no Negroes registered. May 1962: DC found for Pls. July 1962: Upon resignation of Def.-registrar, DC appointed himself voting referee, registered 28 Negro voters in first such action under 1960 Civil Rights Act. After (state) E. Carroll Parish Dist. Ct. granted injunction against DC issuing certificates of registration, case removed to DC, where DC (different judge) dismissed for lack of jurisdiction over subject matter by state ct. Feb. 1963: On Def's. motion, 3-judge ct. convened, held 1957 Civil Rights Act constitutional.
501.La.8. U.S. v. Fox and Louisiana (Plaquemines Parish.) (ED La., #11625.) (334 F.2d 449) Oct. 16, 1961: Justice Dept. filed suit asking DC to find Def. followed "pattern and practice" of racial discrimination, and for injunction ordering Def. to register immediately all Negroes rejected since 1953 who were as qualified as "least qualified white person" who had been registered. Nov. 1962: DC ordered preliminary injunction. Jy. 1964: CA 5 aff'd. Hearing on application for permanent injunction pending.
501.La.11. Louisiana v. U.S. (U.S.S.C., #67) (225 F.Supp. 355) 1961: U.S. filed suit challenging constitutionality of La. law requiring voter registrants to pass constitutional interpretation test. Pls. charge test is a device to keep Negroes from registering, that local registrars are given "vast discretion in applying test. Nov. 1963: 3-judge ct. held for Pl.: held La. a proper party-Def., La. citizenship test, requiring interpretation of section of state constitution, invalid on its face and as applied to Negro registrants, found test part of historical pattern of discrimination (extensive review of La. voting history), held newly-adopted test purporting to substitute for citizenship test also unconstitutional as it would "freeze" results of past discrimination unless rolls cleared and new test administered to all persons of voting age alike, held Defs. must admit Negroes to registration on terms previously accorded to whites if unwilling to consider general re-registration. June 22, 1964: U.S.S.C. noted prob. juris. on Def's. appeal.
501.La.12. Carter v. Registrar and Sheriff. (St. Francisville, W. Feliciana Parish) (ED La.) Aug. 1963: Negro-Pl., arrested in attempt to register to vote, sued for violation of his civil rights. Pending. Oct. 17, 1963: With Justice Dept. observers present Pl. was only one of 43 Negro applicants permitted to register. Pending.

Collins, Douglas and Elie, Esqs., 2211 Dryades St., New Orleans; Murphy Bell, Esq., 971 So. 13th St., Baton Rouge.

501.La.13. U.S. v. Harvey, Reg. (W. Feliciana Parish) (ED La., Baton Rouge Div., #2882) (9 RRLR 780) June 22, 1964: DC enjoined Defs. from generally discriminating against Negro applicants; refused to order registration office kept open or to process applicants. CA 5 ordered DC to direct Defs. to keep office open during hrs. required by state law and process applications "expeditiously."
501.La.14. U.S. v. Palmer, Reg. (E. Feliciana Parish) (ED La., Baton Rouge Div., #2962) (230 F.Supp. 716, 9 RRLR 783) June 22, 1964: Facts, issues, status similar to Harvey, 501.La.13.
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501.La.15. U.S. v. Crawford, Reg. (Red River Parish) (WD La., Shreveport Div., #9335) (229 F.Supp. 898, 9 RRLR 776) May 25, 1964: DC found Def., over 7-yr. period, registered 93% of white applicants, rejected 70% of Negro applicants, which created presumption of discrimination; refused to apply "freezing" theory to enjoin use of citizenship test on ground would prevent state from any tightening of voter qualifications and would require Def. to violate state law. Pending.

See 501.La.11.

501.La.16. U.S. v. Clement, Reg. (Webster Parish) (WD La., Shreveport Div., #9334) (9 RRLR 772) Jy. 14, 1964: DC found and enjoined discrimination in voter registration; ordered Def. to inform applicants of reason for rejection, make regular reports to Ct., make records available for inspection and copying; rejected "freezing" theory as applied to citizenship test, citing Crawford, 501.La.15.
501.Miss.1a. U.S. v. Daniel, Reg., and Mississippi. (Jefferson Davis Co.) (SD Miss., Hattiesburg Div., #1655) (8 RRLR 154) Aug. 3, 1961: Justice Dept. sued for injunction requiring Defs. to register qualified Negroes who had applied in the past. Complaint alleged Defs. applied "different and more stringent standards" to Negro applicants than to whites; 1,200 of Co.'s eligible Negroes registered in 1955, while majority of Co.'s 3,629 whites registered, but only 130 Negroes registered between 1956 and 1960. Aug. 21, 1961: DC hearing on Pl's. motion to inspect Co. voting records. Jan. 4, 1963: DC, after trial, denied injunction to Pl.: Ct. believes Def.-Reg. will comply with all instructions DC gives; instructed Def. to register all qualified persons. Pending.
501.Miss.2. U.S. v. Duke, Reg. and Mississippi. (Panola Co.) (CA 5, #20800) (332 F.2d 759) Oct. 16, 1961: Justice Dept. filed suit asking DC to find Def. followed a "pattern and practice" of racial discrimination, and for injunction ordering Def. to cease such discrimination. Complaint alleged 10 Negroes of 7,250 voting-age Negroes in Co. were registered, while 5,000 whites of 7,639 voting-age whites were registered. Oct. 30, 1962: DC granted Def's motion for more definite statement under FRCP 12(e), requiring Pl. to allege specific acts and instances of discrimination. June 25, 1963: DC denied injunction to prohibit alleged discriminatory registration practices; found no showing any Negro had been denied right to register because of race, no intimidation to discourage registration. May 22, 1964: CA rev'd.; DC erred in not finding pattern of discrimination in registration; found whites registered as matter of course; Negroes subjected to stringent requirements; after 1955 positive discouragement and obstruction of Negro registration. "Freezing principle" applied: new state laws added constitutional interpretation tests and character qualifications making registration more difficult; held: Negroes be permitted to register under qualifications for whites in past; possibility that persons not qualified under state law would now be qualified permitted under Civil Rights Act; State held to be a necessary party-Def. for effective relief.
501.Miss.3. U.S. v. Ramsey. (Clark Co.) (SD Miss., Meridian Div., #1084) (331 F.2d 824) Jy. 6, 1961: Justice Dept. sued for injunction requiring Defs. to cease racial discrimination in registration practices. Complaint alleged none of Co.'s 2,988 eligible Negroes registered to vote, while 50% of eligible whites in Co. registered. Feb. 5, 1963: DC dismissed action as to Mississippi, granted injunction against Def.-Reg. Feb. 20, 1964: CA 5 modified and affirmed: (1) complaint properly dismissed as to Def.-Miss. as full relief could be granted without enjoining state: (2) DC refusal to find pattern of discrimination supported by evidence, altho contrary finding would likewise have found support; (3) DC refusal to prescribe standards for registration was proper, as DC should not force Reg. to violate valid Miss. laws on registration; (4) decree should be modified to require Def.-Reg. to file monthly reports on applications for registration, and to apply to Def.'s successors in office. Rives, J., diss. in part. April 23, 1964: On rehearing, CA held DC finding of no pattern or practice of discrimination by Registrar clearly erroneous, remanded for further proceedings.

And see 59.38, 59.38a.

501.Miss.4. U.S. v. Mississippi and Wood, Reg. (Walthall Co.) (SD Miss., Hattiesburg Div., Civ. #1656) (8 RRLR 1537) Jy. 1961: Justice Dept. sued for injunction requiring Defs. to register qualified Negroes who had been rejected in the past. Complaint alleged Defs. applied "different and more stringent standards" to Negro applicants than to whites, that none of Co.'s 2,490 Negro residents registered, despite repeated attempts to do so, while substantial majority of Co.'s 4,536 whites registered. Aug. 1961: DC hearing on Pl's. motion to inspect Co. voting records. Sept. 20, 1961: following incident in 501.Miss.4a, Justice Dept. amended complaint to ask prompt relief. Oct. 25, 1963: DC found Def.-Wood had discriminated against Negro applicants: required them to copy more difficult portions of Constitution, helped white applicants, but not Negroes, answer questions on registration form: ordered Def. to register 1 named Negro; enjoined Def. from discriminating between applicants on basis of race; found Def. an agent solely of Walthall Co., not of Miss., dismissed complaint as to Miss.
501.Miss.4a. U.S. v. Wood. (Walthall Co.) (SD Miss., Hattiesburg Div., #1656.) (295 F.2d 772, c.d. 369 U.S. 850.) Sept. 1961: Hardy, SNCC teacher of Negro voter applicants, asked Def.-Reg. to administer registration tests to 2 Negro applicants. Def. admittedly hit Hardy on the head after ordering him from office at gunpoint. Sept. 1961: Def.-Sheriff Craft arrested Hardy, conducted lengthy interrogation, threatened "to beat him within an inch of his life," arrested Hardy on disorderly conduct charges. Justice Dept. sought to enjoin prosecution of state charge: DC denied petition; CA 5 reversed, ordered stay of state charge pending trial on merits of Justice Dept's. allegation that state proceedings being used to prevent Negroes from registering. Apr. 1962: U.S.S.C. denied certiorari. Pending.
501.Miss.5. U.S. v. Lynd. (Forrest Co.) (SD Miss.) (301 F.2d 818, c.d. 371 U.S. 893; 321 F.2d 26, c.d. 375 U.S. 968). Jy. 6, 1961: Justice Dept. charged Def. with illegal exclusion of Negroes seeking to register. Allegations: majority of Co's. 22,341 white citizens of voting age registered; 25 of 7,495 Negroes registered. Mar. 7, 1962: at hearing, Def. testified he registered only 2 Negroes in 3 yrs. DC ordered Def. to reconsider applications of 8 Negroes. June, 1962: CA 5
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issued temporary restraining order against further discrimination. Nov. 5, 1962: U.S.S.C. denied cert. Jy. 15, 1963: CA 5 reaffirmed granting of preliminary injunction, directed injunction continued in effect until DC disposes of case, ruled U.S. need not allege specific details of discrimination in its complaint, and proof to establish practice of discrimination need not be confined to incumbency of present Reg., remanded to DC. Jan. 6, 1964: U.S.S.C. denied cert. Pending in DC.
501.Miss.5a. Re Theron C. Lynd, Reg. (Forrest Co.) (CA 5) Apr. 30, 1962: Justice Dept. sought contempt finding against Def. for refusal to register 19 qualified Negroes, including 3 college graduates and Natl. Science Foundation fellowship holder, in violation of June, 1962 orders (in 501.Miss.5). Pending.
501.Miss.6. U.S. v. Green, Cir. Clk. and Mississippi. (George Co.) (SD Miss., #2540) Apr. 21, 1962: Justice Dept. sought injunctive relief requiring Def.-Reg. to register 6 Negroes, allegedly qualified. DC found for Pl.; issued temporary restraining order against Def. for 10 days; set hearing on permanent injunction for Apr. 30. Appeal in CA 5 pending.

And see U.S. v. Bd. of Educ., 571.12.

501.Miss.7. Kennedy v. Lewis, Cir. Clk. and Reg. (Boliver Co.) (ND Miss., Clarksdale Div., #D-C-1-61) (325 F.2d 210, c.d. 377 U.S. 932) Jan. 1961: Justice Dept. filed suit to require Def.-Reg. to open their voting records to fedl. investigators. Oct. 1961: DC ordered Pl. to file more definite statement. Feb. 15, 1962: Pl. filed motion for reconsideration of DC order. Nov. 16, 1962: DC granted U.S. petition in part, ordered Def. to allow examination of voting records for period after effective date of Civil Rights Act and before filing of instant suit. Dec. 6, 1963: CA held limitations in DC order to records re voters "eligible to vote," and to period before suit filed invalid; amended order accordingly. May 18, 1964: U.S.S.C. denied cert.
501.Miss.8. U.S. v. Dogan. (Tallahatchie Co.) (ND Miss., Delta Div., #D-C-53-61.) (314 F.2d 767, 8 RRLR 572.) U.S. filed action under 42 U.S.C. §1971(a), (c), (e), for temporary mandatory injunction requiring Def.-sheriff to permit Negroes to pay poll taxes and for finding that practice of discrimination existed. Jan. 20, 1962: DC held evidence insufficient to warrant injunctive relief because no Negro witness had tendered payment of poll tax and been refused; no emergency proved since less than 1% of potential Negro voters had expressed interest in paying tax. Jan. 26, 1963: CA 5 reversed, ordered DC to issue preliminary injunction. Jan. 29, 1963: DC granted injunction. June 1964: after trial, held for Pl. Aug. 1964: Def. filed notice of appeal to CA 5; pending. Oct. 1964: Pl. petitioned for compliance and order to show cause. Pending.

H. M. Ray, U.S. Attorney, Oxford, Miss.

501.Miss.9. Moses v. Kennedy and Hoover. (DC DC, #CA 6-63) Jan. 2, 1963: Pl. Negro and white residents of Mississippi, alleging numerous illegal detentions and actions by local and state police, seek order to compel Atty. Genl. Kennedy and FBI Director Hoover to arrest any Mississippi law enforcement officer interfering with Negro voting, under 1960 Civil Rights Act. DC held for Defs. Pl's. appeal pending.

William M. Kunstler, Esq., 511-5th Ave., NYC.

501.Miss.10. U.S. v. City of Greenwood. (ND Miss., Greenville Div., #GC638.) Mar. 30, 1963: U.S. filed suit seeking injunction against city officials interfering with voter registration, to protect peaceful demonstrations, release jailed voter registration workers. April 1, 1963: DC refused to issue temporary restraining order. Oct. 21, 1964: DC dismissed with prejudice.

H. M. Ray, U.S. Attorney, Oxford, Miss.

501.Miss.11. U.S. v. Sheriff Edwards. (Rankin Co.) (CA 5) (9 RRLR 800) May 6, 1963: U.S. filed suit seeking injunction forbidding Sheriff "from attempting by threat or violence" to discourage the registration of Negro voters. Suit charges Feb. 1, 1963 attack by Def.-Sheriff on three Negroes attempting to register in courthouse. Aug. 6, 1963: DC Cox, J., found beating of 3 Negroes in courthouse result of vexation at crowding of hall, not causally related to attempted registration, so denied request for injunction. June 18, 1964: CA affirmed: only one incident proved, no showing of likelihood of recurrence. Diss.: Purpose clearly to discourage prospective registrants, one incident of such brutality sufficient to accomplish purpose.
501.Miss.12. U.S. v. Ashford, Reg. (Hinds Co.) and Mississippi. (SD Miss., #3457.) Pl. seeks reopening of voter registration books. Pending.
501.Miss.13. Kennedy v. Owen. (Jefferson, Jones, Noxubee, Adams, Williamson, Marion and Lamar Cos.) (321 F.2d 116) 1963: Pl. applied under 42 U.S.C.A. §1974b to inspect voting records in 7 Miss. counties. Demand letters addressed to Defs. as circuit clerks; Defs. held titles of "circuit clerk and registrar." DC granted order of inspection of clerk's records, refused order of inspection of Reg.'s records. Jy. 3, 1963: CA reversed: statute constitutional, requires only that proper person be named, his title being irrelevant. Jy. 10, 1963: motion for stay denied.
501.Miss.14. U.S. v. Holmes Co. (SD Miss., Jackson Div., Civ. #3417(J)(C).) 1963: U.S. sued under 42 USC §1971d against Co., Co. sheriff, DA, and Co. Atty., seeking permanent injunction against intimidation and coercion of Negro registrants and registration drive leaders. Feb. 25, 1964: DC found criminal prosecutions for arson, cohabitation, and interference with sheriff's investigations had been brought against drive leaders, found local white populace relatively unconcerned with Negro registration, held only violation of §1971d in past 4 yrs. was sheriff's refusal to allow Negroes to pay poll tax, which practice had stopped when suit was filed, declined to issue injunction, dismissed as to Co. as it "not a person" and not amenable to suit under §1971d, retained jurisdiction over sheriff to insure he continued to accept poll tax from Negroes, dismissed as to all other Pls.
501.Miss.15. U.S. v. Mississippi. (U.S.S.C., #73) (9RRLR 241) 1963: U.S. sued Miss., Miss. Bd. of Education Commrs., 6 Co. registrars alleging several Miss. statutes and state constitutional provisions unconstitutional on their face and as applied to Negro citizens seeking to register, under 42 USC §§1971c, 1971d, 28 USC §§1345, 2281. Mar. 6, 1964: 3-judge ct. (2-1) granted Def.'s motions to dismiss; held: (1) Miss. cannot be joined as party unless there are no Co. registrars against whom relief may be obtained individually; (2) §1971c is of doubtful constitutionality to extent it authorizes "sovereign" states to be made parties; (3) Election Commrs. not proper parties as they do not administer statutes nor appoint registrars; (4) venue improper as to 4 of 6 registrars sued; (5) power to determine voting qualifications committed to states by U.S. Constitution; (6) literacy and "good moral character" requirements for voter registration constitutional, as producing more qualified, tho smaller, electorate; (7) statutes authorizing registrars to destroy records required to be preserved by Civil Rights Acts permissive only, hence not in conflict; (8) strict procedures for registration are applicable to all unregistered voters alike, hence not violative of 14th Amendment, despite statistical survey showing vast majority of unregistered voters are Negroes. Brown, J., diss. as to all procedural and substantive holdings of majority. June 22, 1964: U.S.S.C. noted prob. juris. on appeal of U.S.

But see Wisdom, J., in 501.La.11.

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501.Miss.16. Gray v. Mississippi and Gov. Johnson. (ND Miss., Greenville Div.) June 19, 1964: Pls.-Negro "Freedom Democratic Party" candidates for U.S. Congress and Senate, registered voters, and unsuccessful applicants for registration sued Defs.-Mississippi state officials, and Miss. Democratic Party officers: (1) 1963 Mississippi legislation provides that unless political party specifies to the contrary, its electors shall be placed on ballot as "unpledged," other legislation provides that no organization may use name of registered political parties (Democratic and Republican); these provisions, taken together, have purpose and effect of denying Mississippians opportunity to vote for National Democratic Party nominee in Nov. 1964 election; this legislation should be declared unconstitutional; (2) 50,000 Negro citizens of Mississippi have attempted to register and been turned down because of racially discriminatory administration of voter registration tests administered by Defs.-state officials; injunctive relief is prayed; (3) as Negro citizens have been denied opportunity to register, vote, and participate in activities of Miss. Democratic Party, primary elections of June 16 should be voided, holding of Co. and state Democratic conventions enjoined until Negroes have had fair chance to register. Pls. requested 3-judge ct., invoked DC jurisdiction under U.S. Const., art. II, Amendments 14 and 15; 42 USC §§1971, 1983, 1985, 1988; 28 USC §§1331, 1343, 1344, 2201, 2202, 2281, 2284. Oct. 1964: 3-judge ct. upheld constitutionality of unpledged elections. Other issues pending.

L. H. Rosenthal, Esq., Suite 4, 221 No. President St., Jackson, Miss.; Morton Stavis, Esq., 744 Broad Ct., Newark, N.J.; Benjamin Smith and Bruce Waltzer, Esqs., 1006 Baronne Bldg., New Orleans; William Kunstler and Arthur Kinoy, Esqs., 511 Fifth Ave., NYC; Melvin Wulf, Esq., 156 Fifth Ave., NYC.

And see 502.Miss.1.

501.Miss.17. Gray v. Johnson. (SD Miss., Jackson Div., #3580) Since adoption of 24th Amendment forbidding poll tax requirement for voters, Miss. requires certificate of nonpayment of poll tax in order to vote. Certificate of nonpayment must be obtained from city officials. June 23, 1964: Pl. sued challenging procedure, sought 3-judge ct. DC issued temporary restraining order; pending.

L. H. Rosenthal, Esq., Suite 1, 221 N. President St., Jackson.

501.Miss.18. U.S. v. Coleman. (Lauderdale Co.) (SD Miss., #1201) (9 RRLR 1354) U.S. sued Def.-Registrar, alleging violation of Civil Rights Acts. July 2, 1964: DC found 15 named persons (Negroes) denied registration by Def. were qualified, ordered names entered by deputy clerk of Def.; injunction denied because Def. ill, not in Ct.: without his testimony no pattern of discrimination shown. Continued case.

And see Hancock, 59.37.

501.NY.3. Application of Cardona. (NY Sup. Ct., 1st Dist., #12434-63.) 1963: Pl.-Puerto Rican sued to require NY Bd. of Elections officials to administer her voter registration literacy test in Spanish. Mar. 13: Sup. Ct. dismissed petition: no valid reason advanced for departing from precedents denying relief asked. Pet.'s appeal pending.

Paul O'Dwyer, Esq., 350 Central Park, NYC.

501.NC.2. Alston v. Butts. (Halifax Co.) (ED N.C.) (9 RRLR 1356) May 1964: Pls.-Negroes sued under 42 USC §1971 for injunction directing expeditious registration of Negroes on equal basis with whites. May 8: DC issued temporary restraining order. May 13: After full hearing, DC issued preliminary injunction: (1) Defs.-registration officials must provide sufficient personnel to process all applicants for registration within 5 minutes; (2) Negro applicants not to be hindered or delayed in registration; (3) Defs. shall permit 3 registrants to be processed at the same time. May 26: In 13 days, 2,020 Negroes registered.

William Kunstler and Arthur Kinoy, Esqs., 511 Fifth Ave., NYC; Morton Stavis, Esq., 744 Broad St., Newark, N.J.; Samuel S. Mitchell, Esq., 126½ E. Hargett St., Raleigh, N.C.

501.Va.1. Butts v. Harrison. (Norfolk, Va.) (ED Va., #3912.) Nov. 1963: Negro-Pl. brought class action before 3-judge fedl. court to enjoin enforcement of all laws which require payment of poll tax, and to enjoin all Va. officials from denying Pl. right to vote solely because of inability to pay poll tax. Issues: (1) legality of ratification of 1902 Va. Constitution; (2) whether poll tax is designed to restrict voting by Negroes, in violation of equal protection clause. After adoption of 24th Amendment forbidding poll tax for voters, Va. passed act requiring certificate of nonpayment of poll tax. Pending.

J. A. Jordan, Esq., 1228 Virginia Beach Blvd., Norfolk.

501.Va.2. Hamm v. Virginia State Bd. of Elections. (Alexandria) (ED Va., Alexandria Div., #3127) (230 F.Supp. 156) April, 1964: Action by white and Negro citizens to enjoin designation by race in voting records, property tax assessments, divorce decrees. DC granted injunction, held: laws requiring separation by race unconstitutional as to voting and tax records; denied as to divorce decrees on ground gov't. has legitimate interest in collection of vital statistics.
502. Political Discrimination

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502.Miss.1. Mississippi v. Mississippi Freedom Democratic Party. (Hinds Co. Chanc. Ct.) Aug. 1964: Suit to enjoin Def. from using word "Democratic" in its name, and its officers from functioning. Chanc. Ct. granted injunction.
502.NY.10. Matter of Basel (Power). (New York) (NY Co. Sup. Ct., #13353) Art. 78 suit under Election Law §§257, 161, 193(2) to enjoin Bd. of Elections from using model election machines which only list Democratic and Republican candidates. Sept. 4, 1964: Sup. Ct. restrained Bd. from discriminating against Liberal Party and any other duly constituted party.

Deutsch and Zucker, Esqs., 70 Pine St., NYC.

503. Urban Discrimination
Note: The number of malapportionment cases, and the lengthy fact situations in each case, make it impossible for the DOCKET to continue to list or describe them. Hereafter only U.S. Supreme Court opinions will be reported. For virtually complete coverage of litigation and other developments, see reports by Nat'l. Municipal League, 47 E. 68th St., NYC.

Book: Court decisions on legislative reapportionment, Vol. XI (containing opinions rendered since Reynolds v. Sims). Nat'l. Municipal League, 47 E. 68th St., NYC 10021.

Law review article: Wallace M. Rudolph. The reapportionment cases: A conservative defense of individual rights. 43 Nebraska 854-69.

Comment: Apportionment of congressional district, the Constitution and the courts. 35 Mississippi 402-20.


503.Ga.3. Wesbery v. Sanders. (376 U.S. 1) Facts: IX DOCKET 58. Case note: Deep in the Thicket. 32 Geo. Washington 1076-1123.
504. 14th Amendment §2 Enforcement

504.2. Lampkin and Denman v. Hodges. (DC DC, #1355-63) May 1963: Pls. filed suit for declaratory judgment that Bureau of Census and Secretary of Commerce (1) take all steps to compile figures on denial of right to vote along with next decennial census; (2) compute and transmit an apportionment based on these figures to Congress, to enforce Fourteenth Amendment, §2. Def.-Secy. of Commerce moved to dismiss or for summary judgment, alleging impossibility of collecting statistics distinguishing between failure to vote due to racial discrimination and due to other causes. Pl. filed affidavit of Agram J. Jaffe, dir., Manpower and Population Program, Columbia U. Bureau of Applied Social Research, describing method for determining reasons for failure to register. Jan. 1965: hearing.

William B. Bryant, Esq., 615 F St., N.W., Washington, D.C.; NAACP Legal Defense and Education Fund, 10 Columbus Circle, NYC.

505. Residence Requirements

505.1. Carrington v. Bush. (U.S.S.C., #82) Pl.-U.S. armed services member sued to invalidate Texas constitutional provision barring members of armed forces stationed in Texas from voting, unless residents of Co. where stationed when entered service. Dist. Ct. dismissed. Tex. Sup. Ct. affirmed. Oct. 12, 1964: U.S.S.C. granted cert.

W. C. Peticolas, El Paso, Texas.

505.2. Drueding v. Devlin. (Maryland) (DC #15835) Sept. 19, 1964: Pl. sued, challenging constitutionality of Md. Const., Art. I, requiring 1 yr. residence in state and 6 mths. residence in Co. to vote in election for President and Vice-President, under Fourteenth Amendment, due process and equal protection clauses. 3-judge ct. dismissed. Notice of appeal filed. Pending.

Lawrence Speiser, 1101 Vermont Ave. NW, Washington, D.C.

505.3. van Berkel v. NYC Bd. of Elections. (NYC Sup. Ct.) 1959: Pl. moved to U.S. Aug. 11, 1964: Pl. became naturalized U.S. citizen. Def. refused to register Pl. to vote, tho Pl. met all residence requirements, under NY Election Law requiring 90-day waiting period after naturalization. Pending.

NYCLU, 156 Fifth Ave., NYC.

510. Jury Selection; Appeals to Prejudice (see also 311)
511. Involving Federal Employees
512. Involving Racial Discrimination

512.Ala.3. Alabama v. Seals. (Ala. Sup. Ct.) (304 F.2d 53, c.d., 372 U.S. 915) Oct. 1958: Def.-Negro indicted by all-white jury for alleged rape of white woman; pleaded not guilty; retained white atty. In trial, before all-white jury, Def's. atty. did not raise any Fourteenth Amendment questions; convicted: death. Ala. Sup. Ct. denied appeal. Def. hired Negro atty. who promptly filed writ of error coram nobis raising Fourteenth Amdt. issues. Ala. Sup. Ct. denied. U.S.S.C. denied petition for writ of certiorari without prejudice to application for habeas corpus. Gov. denied clemency. 1961: DC discharged writ, denied application for certificate of probable cause. CA 5 Justice granted certificate; permitted appeal on original record, ordered execution postponed until appeal finally determined. May 30, 1962: CA 5 reversed conviction, voided indictment on grounds of systematic exclusion of Negroes from grand and petit juries, held: (1) token inclusion of Negroes stands on same footing as total exclusion; (2) objective facts showing token inclusion of Negroes cannot be overcome by generalized statements of jury commissioners that they have not discriminated. CA sustained applicability to habeas corpus proceedings of pretrial discovery procedures under FRCP; rejected contentions that: (1) prejudicial atmosphere in newspapers deprived Def. of fair trial; (2) verdict in trial ct. based on illegally obtained evidence; declined to pass on whether trial in segregated Ala. courthouse violated U.S. Constitution because question not previously presented to trial ct. CA reiterated, extended holding in U.S. v. Harpole, 512.9, III DOCKET 59, 263 F.2d 71, that Negro Defs. not considered to have waived constitutional rights where racial issues not raised by white lawyers. Feb. 18, 1963: State's petition for cert. denied. Retrial date to be set.

Charles S. Conley, Esq., 530 S. Union St., Montgomery, Ala.; Martin Bradley, Esq., 800 Ellicott Sq., Buffalo; Arthur Kinoy, Esq., 511 Fifth Ave., NYC; Morton Stavis, Esq., 744 Broad St., Newark, N.J.

512.Ala.5. Swain v. Alabama. (Talladega Co.) (U.S.S.C., #64) (156 So.2d 368, c.g. 377 U.S. 915) 1963: Def.-Negro indicted for rape of 17-yr.-old white girl, moved to quash indictment and trial venire: only token Negro membership on grand and petit juries. After hearing, Co. Ct. affirmed: (1) 2 Negroes on grand jury which indicted Def.; their presence does not reflect policy of merely token inclusion; (2) Negroes included in jury venire; their exclusion from trial juries results from peremptory challenges by Gov't., exercise of which is no infringement of Def.'s rights regardless of Gov't's. motive. Apr. 27, 1964: U.S.S.C. granted cert. Black, J., as Cir. J., granted indefinite stay of execution.

NAACP Legal Def. & Educ. Fund, Inc., 10 Columbus Cir., NYC.

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512.Ala.6. Coleman v. Alabama. (Ala. Sup. Ct.) (— U.S. —) At trial of Negro for murder of white man, Ct.-appointed counsel did not raise question of systematic exclusion of Negroes from grand and petit juries; convicted: death. On motion for new trial, new counsel raised systematic exclusion; trial ct. sustained objections because not raised prior to trial. Ala. Sup. Ct. affirmed for lack of proof. May 4, 1964: U.S.S.C. reversed (Clark, J.): Def. now entitled to have his day in ct. to prove systematic exclusion. On remand, Ala. Sup. Ct. reversed denial of motion for new trial, ordered full hearing on motion.

Michael C. Melsner, Esq., NAACP Legal Def. & Educ. Fund, 10 Columbus Circle, NYC.

512.Ark.2. Stewart v. Henslee. (U.S.S.C.) (c.d. 368 U.S. 935; 345 SW.2d 472) 1959: Pet.-Negro charged, convicted after jury trial of murder: death. 1961: Ark. Sup. Ct. affirmed, rejecting argument on discriminatory jury selection. 1961: U.S.S.C. denied cert. 1961: Pet. filed petition for habeas corpus in DC, alleging jury discrimination; DC ordered state to retry petition within 7 mths., or it would grant writ. Jan. 11, 1963: CA 8 affirmed, held case like Bailey v. Henslee, 512.7, III DOCKET 39. Def. retried; convicted: death. Ark. Sup. Ct. aff'd. Petition for cert. pending.

Harold B. Anderson and E. V. Trimble, Esqs., Century Life Bldg., Little Rock.

512.Ark.3. Lillard v. Arkansas. (U.S.S.C.) (365 SW.2d 144) June 21, 1962: Pl.-Negro convicted of 2nd degree murder; appealed to Ark Sup. Ct. on ground of exclusion of Negroes from petit jury panel. Feb. 11, 1963: Ark. Sup. Ct. aff'd, held no showing how juries selected, 5 Negroes on jury panel for term in question. Pet's. appeal to U.S.S.C. pending.
512.Ark.4. Thomas v. Arkansas. (Ark Sup. Ct.) (374 SW.2d 26) Def. arrested: manslaughter. Def. moved to quash jury panel for exclusion of Negroes; granted. New jury summoned: same as old except 6 replaced by Negroes; convicted. May 1964: Ark. Sup. Ct. reversed: Retention and commingling of original jurors and newly summoned Negro jurors denied Def's. constitutional rights; quashing of jury does not render individual members ineligible, but statute does not authorize blanketing of members from defective panel into new or special panel; remanded for new trial.
512.Ark.5. Trotter, Harris v. Arkansas. (Ark. Sup. Ct.) (377 SW. 2d 14) Negro-Defs. arrested: rape. Defs.' motions to quash jury panel for racial discrimination in selection, change of venue denied; convicted: death. Mar. 23, 1964: Ark. Sup. Ct. affirmed, held: evidence sufficient to justify venue decision; not sufficient re discrimination in jury selection; Defs. could not complain of composition of jury because failed to use all their peremptory challenges.
512.Ark.6. Johnson v. Arkansas. (Ark. Sup. Ct.) (377 SW.2d 865) Negro arrested: murder; convicted: death. May 1964: Ark. Sup. Ct. affirmed, held: issue of systematic limitation could not be raised on appeal because failed to raise at first opportunity—immediately after jury chosen; lack of Negroes on jury commission for 50 yrs. not violation of Fourteenth Amendment as long as comm'rs. discharged duty to familiarize themselves with qualifications of eligible jurors without regard to race or color.
512.Fla.1. U.S. v. Chance. (Miami) (U.S.S.C., #157) (322 F.2d 201) 1962: Def.-Negro indicted in SD Fla. for violation of fedl. revenue laws, moved to dismiss indictment: Negroes, women, and laborers systematically excluded. DC denied motion, convicted Def. Aug. 1963: CA 5 found Miami jury list drawn from list: male registered voters, women registered for state jury service, Negroes recommended by Negro business and professional leaders; found jury list contained 10% Negroes in community where Negroes comprise 12% of population; affirmed: (1) use of voter registration lists not per se unlawful, absent showing that those not registered intentionally and systematically excluded; (2) inclusion of Negroes not token; (3) inclusion of only those women who register for jury service no deprivation of right; (3) no right to jury or jury list comprising cross-section of community; intentional and systematic exclusion is test. Brown, J., diss.: De facto inclusion of only registered males and inclusion of only those females who volunteered for jury service does not meet requirements of 28 USC §1861, citing U.S. v. Hoffa, 196 F.Supp. 25. Nov. 12, 1964: U.S.S.C. denied cert.
512.Fla.2. Florida v. Porter. (Martin Co.) (U.S.S.C.) (160 So.2d 104) 1963: Def.-Negro indicted for first degree murder, moved to quash indictment: Negroes excluded from grand jury. Cir. Ct. denied motion; Def. convicted: death. Oct. 16, 1963: Fla. Sup. Ct. affirmed: Def. showed 10.8% of registered voters of Co. are Negro, only 1.2% in jury list are Negroes; as Def. offered no evidence of discriminatory selection procedure, mere numerical disparity does not sustain Def's. burden to overcome presumption of legality in jury selection. Stay ordered. Oct. 12, 1964: U.S.S.C. denied cert.

George E. Tavers, Esq., 1209 N. Quaker Lane, Alexandria, Va.

And see Cobb, 411.13.

512.Ga.5. Whitus and Davis v. Balkcom, Warden. (U.S.S.C., #499) (82 S. Ct. 1575, 333 F.2d 497) 2 Negro-Defs. arrested: murder of white man; convicted: death. Defs. filed petition for habeas corpus, raising for first time issue of discrimination in selection of grand and petit juries; DC denied: Defs. should have exhausted state habeas procedure; CA 5 affirmed. U.S.S.C. vacated and remanded for hearing on merits of habeas petition. DC, after hearing, found 30 Negroes added to venire 2 mths. before this prosecution began, dismissed petition. State conceded jury exclusion, argued Defs. waived claim by failure to raise at trial. CA 5 held: doctrine of waiver should not be applied
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plied where alternatives are trial by unfairly selected jury due to discrimination or jury prejudiced against Defs. due to community hostility for challenging all-white jury. Petition for cert. pending.
512.La.2 and 3. U.S. ex rel. Poret and Labat v. Davis and Walker. (ED La., Baton Rouge Div. #550 Misc.) (75 So.2d 333, 350 U.S. 91—1955; 361 U.S. 375—1960) Negro-Defs. indicted for rape. Def.-Poret fled La.; La. found him in Tenn. prison; not released till term expired. On return to La., Def.-Poret moved to quash indictment for exclusion of Negroes from grand jury; denied. Defs. convicted; La. S. Ct. affirmed, held motion came 1½ yrs. too late. Dec. 1955: U.S.S.C. affirmed (6-3) by Clark, J.: upheld constitutionality of La. statute requiring that objections to grand jury compositions be raised before end of 3d judicial day after end of term, or before trial, whichever is earlier. Douglas, J., diss. (with Warren, C.J., Black, J.): "dangerous doctrine to deprive a man of his constitutional rights in one case for his wrongful conduct in another." Black, J., diss.: Def. had no "reasonable opportunity" to challenge grand jury make-up. 1958: U.S.S.C. denied cert. on state habeas petition alleging conviction based on perjured testimony induced by police; remanded to DC for hearing on same. May 1958: DC denied habeas. June 1959: CA 5 aff'd. Jan. 1960: U.S.S.C. granted cert.; remanded to DC for hearing on issue of discrimination in selection of petit jury; issue apparently raised for first time in U.S.S.C. May 1964: Memo on merits filed in DC. Pending.

G. Wray Gill, Esq., and Benjamin Smith, Esq., 1006 Baronne Bldg., 305 Baronne St., both of New Orleans.

512.La.9. U.S. ex rel. Rogers v. Davis. (CA 5, #20436) (323 F.2d 653) 1962: Def.-Negro convicted of murder. Brought habeas corpus in DC on ground of exclusion of Negroes from petit jury; DC denied writ. Oct. 25, 1963: CA 5, per curiam, reversed and remanded.

Ernest N. Morial, Esq., 1821 Orleans Ave.; Nils R. Douglas, Esq., 2211 Dryades St.; Terrance Trowbridge, Esq., Pan American Bldg., all of New Orleans.

512.La.10. Re Davis. (La. App. Ct.) (311 F.2d 595) Facts and issues similar to Seals, 512.Ala.3. La. argued Pet. failed to exhaust state remedies by not pursuing state habeas corpus remedies prior to application for habeas corpus to DC under 28 U.S.C. §2254. Rel's. argument: state habeas corpus remedy so narrow in scope and effect as to be a denial of a state remedy under §2254, ¶2. Jan. 3, 1963: CA 5 affirmed denial of Rel's. petition. Pl's. petition for habeas corpus pending in state ct.

Benjamin Smith and Bruce Waltzer, Esqs., 1006 Baronne Bldg., 305 Baronne St., New Orleans.

512.La.11. Henderson v. Louisiana. (SD La.) Def.-Negro convicted of rape; La. Sup. Ct. affirmed. Pet. for habeas corpus filed; issues include exclusion of Negroes from petit jury. Pending.

Lionel Collins, Esq., 713 13th St., Gretna, La.; A. M. Trudeau, Esq., 1821 Orleans Ave., New Orleans, for La. CLU.

512.La.12. Louisiana v. Barksdale. (La. Sup. Ct.) Jan. 1963: Negro-Def. indicted for aggravated rape, moved to quash. Issues: (1) constitutionality of L.S.A. 15:196, permitting judge to select grand jurors in Orleans Parish; in other parishes, selection is by lot; (2) veniremen's race noted on return of summons to jury duty; (3) token number of Negroes in jury venire seldom hear cases because excluded by state's peremptory challenges; (4) courtroom seating segregated; (5) indictment drawn under statute void because passed by legislature not apportioned in accord with La. constitution; (6) racial discrimination in application of aggravated rape statute (including death penalty); (7) La. state policy of segregation. Pending.
512.La.13. Louisiana v. Goree. (La. Sup. Ct.) (158 So.2d 203) 1961: Defs.-4 Negroes on trial for aggravated battery moved to quash jury list: Negroes systematically excluded. Crim. Dist. Ct. overruled motion: absence of Negroes due not to race, but to practice of selecting only "best men" to serve on jury. Defs. convicted. Mar. 26, 1962: La. Sup. Ct. reversed, held: (1) "best men" standard cannot be used to exclude Negroes; (2) lack of Negroes on list established prima facie case of exclusion which prosecution did not rebut. On remand, Crim. Dist. Ct. overruled Defs.' motions to quash jury list. 3 Defs. pleaded guilty; Def.-Howard pleaded not guilty, convicted. Nov. 12, 1963: La. Sup. Ct. affirmed: Negroes on jury list; their presence in proportion to number of Negroes in population not required. Hamlin, McCaleb, JJ., diss.: testimony at hearing on Def's. motion indicates systematic exclusion of Negroes. Dec. 20, 1963: Defs sentenced.

Joseph Guerriero, Monroe, La.

512.La.14. Collins v. Walker. (Jefferson Davis Parish) (CA 5, #20537) (329 F.2d 100) 1960: Def. arrested for aggravated rape, held in jail 6 mths. until new grand jury chosen on which jury commr. intentionally included 6 Negroes, choosing other members at random. Grand jury indicted Def.; Dist. Co. convicted: death. 1962: La. Sup. Ct. affirmed. Def. petitioned SD La. for habeas corpus. 1963: DC denied writ. Mar. 11, 1964: CA 5 reversed, held Def. entitled to have grand jurors selected without regard to race, remanded to DC for further proceedings if necessary after Def. reindicted and retried. CA 5 denied rehearing en banc with opinion.

Case note: 25 U. of Pittsburgh 758-61.

512.La.15. Millican v. Caston. (18 Jud. Dist. Ct. for Baton Rouge) White-Def. shot Negro-Pl.-wife in stomach; Def. arrested, never tried. Pl.-husband and wife sued for damages for assault and battery. Def. requested jury trial of this civil suit. Pls. requested admissions of systematic exclusion of Negroes from venire and petit jury. Pending.

Murphy W. Bell, Esq., 971 S. 13th St., Baton Rouge.

512.Md.1. Giles and Giles v. Maryland. (Gov. Tawes) (183 A.2d 359, 372 U.S. 767) 2 young Negro-Defs. charged with rape of white girl. Trial ct. refused to allow voir dire question re racial prejudice; no charge given to jury; convicted; death sentences. Md. Ct. of App. affirmed. Issues: Does Md. Const. Art. 15, §5 violate due process and equal protection clauses of U.S. Constitution in making jury sole judge of law and facts, permitting conviction by jury which received only advisory charge or no charge; method of questioning jurors. April 22, 1963: U.S.S.C. dismissed appeal for want of substantial federal question. Oct. 1963: Defs.' efforts to secure new trial unsuccessful as not timely filed. Md. Gov. took under advisement clemency petition signed by 8000, and evidence that prosecutrix invited intercourse; granted stay of execution. Pending.

Hal Witt and Richard Scupi, Esqs., 600 F St. NW, Washington, D.C.

Amicus appearance by ACLU by Edward L. Genn, Esq., 1107 Spring St. and Charles A. Horsky, Esq., 1227 Pinecrest Circle, both of Silver Spring, Md.; Richard S. Arnold, Esq., 701 Union Trust Bldg., and Lawrence Speiser, Esq., 1101 Vermont Ave. NW, both of Washington, D.C.

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512.Miss.5. Mississippi v. George Gordon. (CA 5) (160 So.2d 73) 1961: Negro Def. convicted of rape; death sentence. White assigned counsel did raise jury exclusion question; Def.-witness testified no Negroes had ever served on petit jury in Co. Miss. Sup. Ct. reversed on this point. On retrial, same counsel failed to raise this point; Def. reconvicted; death sentence. Miss. Sup. Ct. affirmed, denied stay pending appeal to U.S.S.C. Black, J., granted stay pending petition for cert. May, 1962: Miss. constitution amended, changed qualifications for jurors — added freeholder and elector requirements to former requirement of residence. Pet. for cert. raises jury exclusion, coerced confession questions. June 17, 1963: U.S.S.C. denied cert. Def. sought leave to file writ of error coram nobis, alleging exclusion of Negroes from grand and petit juries in second trial. Jan. 27, 1964: Miss. Sup. Ct. denied petition: Def. represented by counsel at second trial, but did not raise point; effective waiver shown. DC denied Def's. petition for habeas corpus. Application for certificate of probable cause pending in CA 5.

Melvin Wulf, Esq., ACLU, 156 Fifth Ave., NYC; R. Jess Brown, Esq., 1105½ Washington St., Vicksburg, Miss.

512.NC.4. North Carolina v. Inman. (Mecklenburg Co. Super. Ct.) (132 SE.2d 613) 1963: Def.-Negro indicted for assault with intent to commit rape, robbery, moved to quash indictments: Negroes systematically excluded from grand and petit juries. Super. Ct. summarily overruled motion. Def's. counsel moved for extension of time to produce evidence in support of motion. Super. Ct. denied motion, convicted Def. Oct. 9, 1963: Sup. Ct. reversed, held "due process of law demands he have his day in court on this matter, and such day he does not have unless he has a reasonable opportunity to produce his evidence," suggested prompt arraignment after indictment so that motions to quash may be brought on before case is calendared.
513. Involving Economic Discrimination
See 512.Fla.1.
514. Involving Political Discrimination
515. Involving Discrimination Against Women
See 512.Fla.1.
520. Education
Comments: Equal protection and the neighborhood school. 13 Catholic U. 150-59.

Race, pupil assignment, and school districting in public schools of New York. 15 Syracuse 728-38.

Segregation litigation in the 1960's: Is there an affirmative duty to integrate the schools? 39 Indiana 606-32.

521. Challenges to Unequal Facilities
522. Suits to Enforce Integration
Periodical: Integrated education. 6 issues a yr. $4.50./yr. 343 S. Dearborn St., Chicago.

Report: Oakland Schools, An investigation under FEP Act, 1962-63 Calif. Labor C. §1421.


522.Ala.1. Lucy v. Adams. Malone and Carroll v. Mate. (CA 5) (328 F.2d 892) May 16, 1963: DC held 1955 injunction binding on present Ala. Univ. dean of admissions and all other Univ. officials with knowledge. May 16, 1963: DC granted motion of Negro Pls. to consolidate their request for admission with 1955 action; denied Pls. preliminary injunction; continued motion to show cause why registrar should not be held in contempt of 1955 injunction. May 21: DC denied motions to suspend and modify 1955 judgment. Mar. 13, 1964: CA 5 aff'd.
522.Ala.2a. Armstrong v. Bd. of Educ., City of Birmingham. (ND Ala., #9678) (323 F.2d 333, c.d., 376 U.S. 908; 333 F.2d 47; 9 RRLR 1163) June 17, 1960: Pl.-Negro parent filed class action for desegregation of public schools, including desegregation of teaching, administrative staffs. Aug. 19, 1963: DC approved Def's. desegregation plan, submitted by order of DC. Action of Gov. Wallace led to efforts to enjoin him. Sept. 1963: 5 Negro pupils entered 3 formerly all-white schools under Def's. desegregation plan. Jan. 27, 1964: DC overruled Pls.' objections to plan. Feb. 17, 1964: U.S.S.C. denied cert. Sept. 6, 1963: CA 5 denied petition for intervention and stay of white citizens of Birmingham who alleged possible racial violence if schools integrated: "Law and order cannot be preserved by yielding to violence and disorder, nor by depriving individuals of constitutional rights." Sept. 9: In response to request from Gov. Wallace, Ala. Sup. Ct. found Gov. has power to close schools if necessary to keep peace. Gov. Wallace ordered no Negroes be admitted to schools in Birmingham, Tuskegee, 522.Ala.5, or Mobile, 522.Ala.7, 7a. Sept. 10: Pres. Kennedy ordered Gov., all others, to desist from interference with DC orders, ordered Secy. of Defense to be in readiness to enforce order to desist. Sept. 24: DC granted preliminary injunction against Gov. and others interfering with integration. In this context, 5 Negro children admitted to 3 formerly all-white schools. June 18, 1964: CA 5 vacated DC order of Jan. 27, 1964, remanded with instructions to require desegregation plan meeting CA standards. June 29, 1964: plan submitted and approved with modifications: students in 10th, 11th, 12th grades may transfer, on application, to schools formerly attended by one race for Sept. 1964 term; after 1st graders register Sept. 1964, they can apply for transfers.

Oscar W. Adams, Esq., 1630 Fourth Ave. North, Birmingham.

522.Ala.2b. Nelson v. Birmingham Bd. of Educ. (ND Ala., #10188) (220 F.Supp 217) June 13, 1962: Pl.-Negro filed suit to desegregate public schools. DC decided not to set hearing here until after hearing in Armstrong, 522.Ala.2a. Pls. sought mandamus from CA 5 ordering DC to hear motion for preliminary injunction. Aug. 17, 1962: CA denied writ, held DC has discretion to control its docket. Pending.
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522.Ala.3. Koen v. Knight. (Ala. Vocational Schools.) (SD Ala., #2434.) Aug. 1960: suit by 2 Negro applicants for admission to segregated white male vocational school. Dec. 29, 1961: Def's. motion to dismiss denied. Jan. 15, 1962: Defs. filed answer to amended complaint. Motion for leave to intervene and intervention complaint pending.

Charles F. Wilson, Esq., 507 W. Gadsden, Pensacola; Clarence F. Moses, Esq., 101 N. Cedar, Mobile, Ala.

522.Ala.5. Lee and U.S. (Pl. and Amicus) v. Macon Co. Bd. of Educ., Ala. State Bd. of Educ. (Tuskegee) (MD Ala., E. Div., #604-E) (221 F.Supp. 297, 231 F.Supp. 743, 9 RRLR 148) Jan. 28, 1963: School desegregation suit filed as to city. Pls. filed amended complaint for desegregation on state-wide basis. Jy. 17, 1963: U.S. designated as Pl. and Amicus. Sept. 1963: 13 Negro students entered high school, all white students withdrew. Jan. 30, 1964: Def.-State Bd. ordered school closed. Feb. 3: DC ordered Negro students transferred to 2 other white schools in Co.; Negro students turned back at one school; other school boycotted by all white students. Feb. 21: 3-judge ct. hearing on Pls.' motion for preliminary injunction. Feb. 28: Co. Bd. of Educ. filed desegregation plan based on Ala. Pupil Placement Law. Apr. 17: Macon Co. High School (which 6 Negro-Pls. had been attending) destroyed by fire. Def.-Co. Bd. transferred Pls. to all-Negro Tuskegee Institute High School, alleging that to transport Pls. to white high school would be dangerous and expensive; white school which Pls. originally sought to enter closed for economic reasons. Apr. 28: 3-judge ct. reaffirmed Feb. 3 order that Negro and white students must be assigned to schools on equal basis, found fire damage to Macon Co. High School not extensive, held fact that fire apparently set to discourage integration did not excuse Def.-Co. Bd. from duty to integrate schools, enjoined Co. Bd. from failing to provide equal facilities at Macon Co. High School for white and Negro students. July 13, 1964: 3-judge ct. enjoined school bd. and Bd. of Educ.; required latter to encourage and promote desegregation of schools by whatever means available; enjoined payment of tuition grants to segregated schools; Pupil Placement Act unconstitutional as applied.

Fred D. Gray, Esq., 34 N. Perry St., Montgomery, Ala.

522.Ala.6. Hereford v. City of Huntsville. (ND Ala., #63-109) (8 RRLR 908) School desegregation suit filed. Aug. 13, 1963: DC ordered, for first time, actual desegregation of elementary school system; ordered Bd. of Educ. to accept 4 Negroes into all-white schools; ordered city to submit desegregation plan by Jan. 1, 1964. Jan. 1964: Def.-Bd. admitted 10 more Negro pupils including 8 of 10 named Pls. in 522.Ala.6a. June 24, 1964: DC ordered new plan submitted in accord with latest CA 5 opinion. July 27: plan approved with modifications; 1st, 10th, 11th and 12th grades desegregated in Aug. 1964.

NAACP Legal Def. & Educ. Fund, 10 Columbus Circle, NYC.

And see 522.Ala.6a.

522.Ala.6a. Lorder v. Huntsville Bd. of Educ. (ND Ala., #63-612.) Suit by members of Armed Forces and civilian employees at Redstone Arsenal for desegregation of public schools. DC granted motion to stay pending decision in 522.Ala.6. Mar. 20, 1964: DC denied motion to consolidate with 522.Ala.6, ordered Defs. to include Redstone Arsenal children in desegregation plan.
522.Ala.7. U.S. v. Mobile Co. Bd. of School Comm. (U.S.S.C., #379) Jan. 18, 1963: U.S. filed suit seeking to desegregate schools near Brookley Air Force Base, attended by dependents of military personnel. DC dismissed; held Pl. "without authority" to bring suit. June 18, 1964: CA 5 ordered desegregation to proceed at same pace as Armstrong, 522.-Ala.2a. Nov. 12, 1964: U.S.S.C. denied cert.
522.Ala.7a. Davis v. Mobile Co. Bd. of School Commrs. (SD Ala., #3003-63) (318 F.2d 63; 322 F.2d 356, c.d. 375 U.S. 894; 333 F.2d 53) March 27, 1963: Pls. filed suit seeking desegregation of all facilities for all Negro students—not just those from federally-connected families. May, 1963: DC ordered desegregation starting 1964-65. July 9, 1963: CA 5 reversed, ordered DC to speed up desegregation. July 19, 1963: DC ordered Def.-Bd. to submit plan for putting Ala. pupil placement law into effect for all grades without discrimination starting Sept. 1963. DC ordered Pls. admitted Aug. 23, 1963. Gov. Wallace interfered with desegregation. Oct. 28: U.S.S.C. denied Def's. petition for cert. Nov. 14: Trial in DC. June 18, 1964: CA 5 remanded with instructions similar to Birmingham, 522.Ala.2a.

NAACP Legal Defense & Educ. Fund, 10 Clumbus Circle, NYC.

And see 522.Ala.7.

522.Ala.8. U.S. v. Madison Co. Bd. of Educ. (U.S.S.C.) (219 F. Supp. 60, 326 F.2d 237) Pl. seeks to enjoin schools from discriminating against children of U.S. personnel. DC dismissed, held Pl. has no standing to sue under 14th amendment. Jan. 7, 1964: CA 5 affirmed, held: (1) local educational agencies could not be held to have contracted with U.S. that children of fedl. personnel would be assigned to integrated schools; (2) primary jurisdiction of U.S. Commr. of Educ. to determine whether contract provision that children of fedl. personnel would be schooled in accordance with state law had changed meaning due to Brown decision; (3) Congress can legislate its desire; injunctive remedy inappropriate; (4) maintenance of segregated schools for children of fedl. personnel in areas receiving aid as "impacted" is not undue burden upon war power of U.S. Petition for cert. to U.S.S.C. pending.

Robert E. Hanberg, U.S. Attorney, Jackson, Miss.

Same CA 5 decision in 522.Miss.4 and 522.Miss.5.

522.Ala.8a. Bennett v. Madison Co. Bd. of Educ. (ND Ala., #63-613) Suit to desegregate schools in Co. adjoining Marshall Space Center. June 24, 1964: At trial, Pls.' objection to grade-a-year plan sustained; DC ordered Def. to submit plan meeting standards set in Armstrong, 522.Ala.2a. Pending.
522.Ala.9. Franklin and U.S. (Pl. and Amicus) v. Auburn Univ. Trs. (CA 5) (331 F.2d 841) Pl.-Negro sued for admission to Def.-land grant college. Nov. 5, 1963: DC rejected argument that Pl. not qualified for Def.-Univ. because not graduated from accredited college since this solely due to Pl's. race; ordered Def. to admit Pl. and all qualified Negroes. Dec. 1963: CA 5 (2-1) denied Def's. motion for stay of order admitting Pl. Def. rejected Pl's. application to live in dormitory; Pl. sought relief. Jan. 3, 1964: DC issued restraining order against Def. Jan. 4: Pl. registered. Mar. 18, 1964: CA 5 aff'd.

Fred Gray, Esq., 34 N. Perry St., Montgomery; Constance Baker Motley, Esq., 10 Columbus Circle, NYC.

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522.Ala.11. Miller v. Bd. of Educ. (Gadsden) (ND Ala., #63-574) 8 RRLR 1403) 1963: Pls. sued to desegregate public schools. Dec. 1963: After hearing, DC issued temporary injunction, ordered Def.-Bd. to submit desegregation plan by Apr. 1, 1964. June 25, 1964: DC ordered plan submitted consistent with Armstrong, 522.Ala.2a. July 27: DC approved plan. Sept. 8, 1964: Desegregation of 1st grade and high school began.

NAACP Legal Def. & Educ., Fund, 10 Columbus Cir., NYC.

522.Ala.12. Harris v. Bullock Co. School Bd. (MD Ala., #2073-N) Aug. 5, 1964: Pls.-Negro parents and pupils sued to desegregate public schools, moved for preliminary injunction. Aug. 5, 1964: DC granted injunction, Pl. enrolled in formerly all-white school.
522.Ala.13. Carr v. Montgomery Co. School Bd. (MD Ala., #2072-N) Desegregation suit filed. Jy. 31, 1964: DC found: school system operated on segregated basis; mechanics set up in 1956 via Placement Law have not resulted in integration; Def.-Bd. has not performed its clear legal duty of taking affirmative steps to desegregate; ordered 1st, 10th, 11th and 12th grades desegregated in Sept. 1964: Def. to file plan by Jan. 15, 1965.

Charles S. Conley, Esq., 530-A S. Union St., Montgomery.

522.Ark.6. Whitfield v. Univ. of Ark. Bd. of Trs. (ED Ark., W. Div.) Pls. sue to enjoin Defs. from segregation of dormitory facilities, student athletics, administrative staff. Sept. 5, 1964: DC issued temporary injunction.

NAACP Legal Def. & Educ. Fund, 10 Columbus Cir., NYC.

522.Ark.7. Rogers v. Paul. (Fort Smith) 1956: Desegregation litigation; DC ordered Bd. to make prompt start. 1964: Suit for complete desegregation of public schools. Tho only small precentage of students are Negroes, DC allowed continued use of transfer policy for 1 year, grade-a-year plan for grades 8-12. Appeal filed.

George Howard, Jr., Esq., Pine Bluff, Ark.; John Walker, Esq.

See Banks v. Izard, 610.20, I DOCKET 47, 102, 2 RRLR 965.

522.Calif.4. Keller v. Sacramento City Unified School Dist. (Sacramento Co. Super. Ct., #146,525) Aug. 1963: Jr. High School with 50% Negro and 30% other minority enrollment burned down. Def.-Bd. planned to use temporary classrooms, then rebuild on same site. Sept. 30, 1963: Pl. sued to enjoin building, to require submission of desegregation plan. Super. Ct. granted temporary restraining order. Oct. 8: Super. Ct. dissolved restraining order, denied temporary injunction against rebuilding jr. high, held that, while segregation was result of housing patterns, Defs. had affirmative responsibility to draw school lines and take other measures to achieve racial balance, found Defs. had begun good faith study of school desegregation, ordered plan submitted by Sept. 1964, citing Jackson, 522.Calif.1, Branche, 522.NY.6.

L. Archie Harris, Esq., 2116 16th St., Sacramento; Robert Carter, Esq., NAACP, 20 W. 40th St., NYC.

522.Calif.5. Crawford v. Bd. of Educ. (Los Angeles City.) (Super. Ct., #822854.) Aug. 1, 1963: Mandamus action filed to prevent expenditure of funds by Def. to improve Jordan High (99% Negro) and require drawing new boundary lines of Jordan and S. Gate Highs (99% white), 1½ mi. apart. Sept. 6: Super. Ct. issued alternative writ of mandamus. Oct. 4: At hearing, Def. reported racial survey of all school districts under way promised redistricting by Feb. 1964 semester. June 23, 1964: Hearing on alternative writ of mandate.

Loren Miller and Thomas Neusom, Esqs., 2828 S. Western Ave., A. L. Wirin, Esq., 257 S. Spring St., all of Los Angeles, for United Civil Rights Comm.—NAACP, ACLU, AJC.

522.Fla.2. Gibson v. Bd. of Pub. Ins. (Dade Co.) (SD Fla., #6978) Aug. 25, 1962: Pl.-Negroes sought intervention in suit concluded in 1960. Pls. sought writ of mandamus from CA 5 to compel DC to grant intervention. Dec. 11, 1962: CA 5 denied writ, held no showing DC would refuse to permit intervention. Defs. have voluntarily accelerated plan, now taking applications in 8 grades; some voluntary desegregation of faculty.

G. E. Graves, Esq.

522.Fla.3. Manning v. Bd. of Pub. Inst. of Hillsborough Co. (Tampa) (SD Fla., #3554) (277 F.2d 370) Sept. 1959: Negro Pls. filed for admission to Def.-Bd's. schools on non-segregated basis. Sept.: DC denied injunction, held Pls. failed to follow procedure in Pupil Placement Laws, which would provide just remedy. CA 5 reversed, held Pls. entitled to have suits heard on merits whether or not they followed procedures required by Placement Laws. Aug. 1962: DC enjoined Def.-Bd. from applying Pupil Assignment Law in unconstitutional manner. May 1963: DC approved grade-a-year plan. Mar. 1964: Pls. filed motion for further relief: prayed end to racial "options," teacher desegregation, admission of Negro children to schools for retarded. DC denied motion. Pending.

Francisco A. Rodriguez, Esq., 703 Harrison St., Tampa; NAACP Legal Def. & Educ. Fund, 10 Columbus Circle, NYC.

522.Fla.5. Augustus v. Escambia Co. Bd. of Pub. Educ. (Pensacola) (ND Fla., #1064) (306 F.2d 862) 1959: suit by 12 Negro children for injunction against Def.-Bd's. practice of racial discrimination and for immediate desegregation at all levels and phases of school system. Mar. 1961: DC: (1) ordered Def. to submit desegregation plan; (2) struck from Pl's. petition prayer for integration of teachers. Sept. 8, 1961: DC approved Def's. plan for gradual desegregation beginning Sept. 1962, with modifications: must apply to all Co. public schools including white and Negro state junior colleges; parents can apply for admission or transfer of children now, effective Sept. 1962. July 1962: CA 5 reversed, found Def's. plan inadequate, must be amended to provide for grade-a-year desegregation, remanded for hearing on integration of teachers issue. 1963: DC ordered complete desegregation. June 18, 1964: CA 5 ordered desegregation accelerated, abolish dual system. June 29: DC ordered, on remand, submission of plan per CA 5 order. Def. requested drawing single zone lines and assignment of students per new zone lines. Pending.

Charles F. Wilson, Esq., 507 W. Gadsden St., Pensacola, Fla.; Constance B. Motley, Esq., NAACP Legal Def. & Educ. Fund, 10 Columbus Circle, NYC.

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522.Fla.6. Tillman v. Bd. of Pub. Inst., Volusia Co. (SD Fla., Jacksonville Div., #4501.) (8 RRLR 499) Pl.-Negro and white parents sued for injunction against Def.-Bd. operating schools on racially segregated basis. Def.-Bd. brought state ct. suit for declaratory judgment on Fla. Pupil Assignment Laws, moved to stay DC proceeding pending state suit. Jy. 1960: DC denied Def's. motion for stay. Aug. 21, 1962: DC found Def.-Bd. assigned pupils and teachers on basis of race; held Pupil Assignment Law does not provide adequate remedy; enjoined Def. from operating bi-racial system and assigning teachers on basis of race; ordered Def. to submit desegregation plan by Oct. 1962. Def. and Pls. submitted plans. May 8, 1963: DC issued order approving, over Pls.' objections, grade-a-year plan identical to that in Braxton, 522.Fla.7. Feb. 12, 1964: Motion for further relief filed; March 27: hearing on motion. Ruling in abeyance pending Calhoun v. Latimer, 522.Ga.3.

NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

522.Fla.7. Bd. of Pub. Inst., Duval Co. v. Braxton. (Jacksonville) (SD Fla., #4598) (299 F.2d 846; 326 F.2d 616, c.d. 377 U.S. 924) 1960: class suit by Negro parents filed for desegregation of all public schools of Def. Mar. 1962: CA affirmed DC refusal to permit white parents to intervene on Def's. side. Aug. 1962: DC granted Pl. injunction directing Def. to submit desegregation plan. May 8, 1963: Over Pl's. objection, DC approved Def's. grade-a-year desegregation plan, recognized possibility of acceleration, reserved judgment re teacher assignments. 13 Negro pupils attending 6 previously all-white schools. Jan. 10, 1964: CA 5 (2-1) held DC order requiring Def.-Bd. to submit plan for assignment of teaching and supervisory personnel without regard to race: (1) is appealable order; (2) falls within permitted range of relief projected by U.S.S.C. in Brown decision. May 1964: U.S.S.C. denied Def's. petition for cert. Mar. 27, 1964: hearing on motion for further relief; decision pending.

Earl M. Johnson, Esq., 625 W. Union St., Jacksonville; NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

522.Fla.9. Weaver v. Bd. of Pub. Inst., Brevard Co. (Cape Canaveral.) (SD Fla., Orlando Div., #1172.) Class suit for desegregation of public schools filed. DC denied Def's. motion to dismiss. Sept. 1964: Consent order to desegregate 3 grades per year entered.

Francisco A. Rodriguez, Esq., 703 E. Harrison St., Tampa; Constance Baker Motley, Esq., 10 Columbus Circle, NYC.

522.Fla.10. Mays v. Bd. of Pub. Inst., Sarasota Co. (SD Fla., Tampa Div., #4242-Civ. T.) (8 RRLR 930) Class suit for desegregation of public schools filed. DC upheld Pl's. contention that desegregation of teacher assignments is valid part of pupil desegregation suit, denied Def's. motion to strike. Apr. 19, 1963: DC found Defs. operating all elementary schools but one in accordance with Brown, 349 U.S. 294, found Defs. agreed to grade-a-year plan for higher grades, ordered Defs. to integrate remaining elementary school, held in abeyance question of segregated teaching staffs. Pending.

Francisco A. Rodriguez, Esq., 703 E. Harrison St., Tampa; Constance Baker Motley, Esq., 10 Columbus Circle, NYC.

522.Fla.11. Ellis v. Kipp, Bd. of Pub. Inst., Orange Co. (Orlando.) (SD Fla., Orlando Div., #1215.) Apr. 1962: class suit for immediate desegregation of public schools filed by 8 Negro families. Complaint alleges state Pupil Placement Law discriminatorily administered. May 13, 1964: consent order entered; desegregation to begin Sept. 1964, 3 grades per year; non-racial assignment of teachers to begin 1965-66.

Jerome Bornstein, Norris Wolford, Esqs., Orlando NAACP.

522.Fla.12. Steele v. Bd. of Pub. Inst., Leon Co. (Tallahassee) (ND Fla., #854) Mar. 1962: Pl.-Negroes filed class action for desegregation of public schools. Feb. 1963: After trial, DC ordered Def. to submit plan. Apr. 22, 1963: DC approved grade-a-year desegregation. Motion for further relief filed. Def. objected to interrogatories, claiming F.R.C.P. do not provide for post-trial discovery and ct. may not enjoin teacher segregation. June 15: DC ordered Defs. to answer interrogatories; teacher issue deferred. Hearing on motion pending.

Charles F. Wilson, Esq., 507 W. Gadsden St., Pensacola.

522.Fla.13. Mills v. Bd. of Pub. Inst. (Polk Co.) (MD Fla., #63-50) Suit to desegregate schools. DC denied motions to strike and dismiss. Trial set. Pending.

Earl M. Johnson, Francisco Rodriguez, Esqs., 703 E. Harrison St., Tampa.

522.Fla.14. Scott v. Bd. of Inst. (St. John's Co.) (SD Fla., transferred to MD Fla.) Mar. 1962: Complaint filed. Oct. 5: DC denied motion to dismiss. May 1963: Pretrial conference. Jy. 1963: Hearing on motion for preliminary injunction; decision awaited. 7 pupils admitted to previously all-white schools. Ruling pending.
522.Fla.17. Hammond v. Univ. of Tampa. (MD Fla., #63-51) (9 RRLR 600) 1963: Pls. filed desegregation suit. Jy. 1, 1963: DC denied Def's. motion to dismiss. Feb. 3, 1964: DC denied motion for preliminary injunction, held Def. not subject to Fourteenth Amendment, dismissed complaint. Appeal to CA 5 pending.

Francisco Rodriguez, Esq., 703 E. Harrison St., Tampa.

522.Fla.18. Youngblood v. Bd. of Pub. Inst. (Bay Co.) (ND Fla., #572) Nov. 29, 1963: Pls. sued to desegregate public schools. Def. admitted segregation in answers to interrogatories; accepted grade-a-year plan. May 18, 1964: DC granted motion for summary judgment. Appeal and motion to enjoin pending.

NAACP Legal Def. & Educ. Fund, Inc., 10 Columbus Cir., NYC.

522.Fla.19. Major v. Monroe Co. Bd. of Pub. Inst. (SD Fla., #64-331-CF) May 22, 1964: Suit filed to desegregate schools. June 29: motions to withdraw 2 of 4 Pls. filed; motions to dismiss and strike teacher issue filed. Sept. 9: hearing cancelled.

James Matthews, Earl M. Johnson, Esqs., Rte. 9, Box 1034G, Jacksonville, Fla.

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522.Fla.20. Bradley v. Bd. of Pub. Inst. (Pinellas Co.) (MD Fla., Civ. #64-98-T) May 7, 1964: Pl's. sued to desegregate schools. Oct. 15, 1964: In response to interrogatories, Defs. indicated 211 Negroes, grades 1-12, attend integrated schools; school population: 7,000 Negro, 21,000 whites. Pending.

Earl M. Johnson, Esq., Rte. 9, Box 1034G, Jacksonville, Fla.; James Sanderlin, Esq., St. Petersburg.

522.Fla.21. Singleton v. Bd. of Commrs., State Institutions. (ND Fla., #963) Pls. (Defs. in 56.11), sued to desegregate all juvenile reformatory schools in state. Feb. 1964: Defs. moved to dismiss, alleging Pls. had no standing to sue because released from custody. Pls. replied: still under jurisdiction of Juv. Ct. judge who committed them to probation conditions. July, 1964: Defs. produced letter from Juv. Ct., saying that Pls. not under any probation conditions. DC dismissed. Appeal pending.

Earl M. Johnson, Esp., Rt. 9, Box 1034 G, Jacksonville. And see 56.11.

522.Fla.22. Wright v. Bd. of Pub. Inst. (Alachua Co.) (ND Fla., #367) July 6, 1964: Desegregation suit filed. Oct. 9: Hearing on Defs. objections to interrogatories.
522.Ga.3. Calhoun v. Latimer (Atlanta) (ND Ga., Atlanta Div. 6298) (321 F.2d 302, rev. & rem. 377 U.S. 263) Jan. 1958: class suit filed for 28 minors seeking desegregation of public schools. Jy. 1959: DC enjoined Def.-Bd. from discriminating against Negro pupils. Jan. 1960: Bd. proposed reverse stair-step desegregation plan. June 1961: Def. approved transfers of 10 Negroes to white high schools in Sept. 1961 to start integration. Apr. 30, 1962: 10 Negro parents moved to amend DC desegregation order, seeking complete elimination of all racial distinctions as to students and teachers, including requirement that only Negroes take placement tests on seeking reassignment; denied. June 17, 1963: CA 5 (2-1) aff'd DC acceptance of grade-a-year plan, postponed questions of teacher placement and extra-curricular discrimination until 12-yr. plan completed, noted Defs. discriminated against Negro applicants to white schools in requiring special educational and psychological tests not given to white children. Rives, J. diss., agreed with Pls.' 7-yr. plan. Def.-Bd. added to its desegregation plan. May 25, 1964: U.S.S.C., per curiam, vacated and remanded for DC to appraise new provisions in light of Goss, 522.Tenn.6, 373 U.S. at 689. July 28, 1964: DC denied relief.

Donald L. Hollowell and E. E. Moore, Jr., Esqs., 859½ Hunter St. NW, Atlanta.

522.Ga.6. Roberts v. Stell. (Savannah-Chatham) (U.S.S.C., #512) (333 F.2d 47) Jan. 1962: desegregation suit filed by parents of 36 Negro children seeking injunction against continued operation of compulsory biracial school system, assignment of students, teachers and other personnel without regard to race or color, budgets, contracts and other acts designed to perpetuate racially segregated schools. Mar. 29, 1963: DC allowed intervention by white students in opposition to integration. May 13, 1963: DC denied injunction. May 24: CA 5 reversed; held Bd. must integrate at least one grade by Sept. 1963; said DC wrongly allowed intervention. Jy. 30: DC approved Def.-Bd's. plan to desegregate 12th grade by Sept. 1963; grade-a-year after that starting from highest grade. Feb. 17, 1964: U.S.S.C. denied petition of white Intervenors for cert. June 18: CA 5 ordered Bd. to submit plan of stair-step desegregation beginning at both ends. Def's. application for cert. pending.

NAACP Legal Def. & Educ. Fund, 10 Columbus Cir., NYC.

522.Ga.6a. Chandler v. Savannah City Bd. of Pub. Educ. (CA 5) (313 F.2d 636, c.d. 375 U.S. 835; 333 F.2d 55) 1963: White residents sued to enjoin Def. from carrying out proposal to use elementary school in all-white area for Negro pupils only; claim based on "scientific" data. DC dismissed complaint. Mar. 6, 1963: CA 5 affirmed, per curiam: Pls. have no standing to sue; no danger of deprivation of any fedl. right. Oct. 14, 1963: U.S.S.C. denied cert. June 18, 1964: CA 5 held: one grade per year insufficient so long after Brown; ordered DC to compel submission of plan equal to those approved in other CA opinions.

And see 522.Ga.9.

522.Ga.8. Gaines v. Dougherty Co. Bd. of Educ. (CA 5, #20984) (329 F.2d 823, 9 RRLR 169) Apr. 5, 1963: Pls. filed school integration suit. Jy. 1963: DC ordered Def. to submit plan within 30 days; denied Pl's. motion for temporary injunction. Aug. 1963: DC approved Def's. grade-a-year desegregation plan. Mar. 1964: CA 5 ordered plan modified to provide first two grades and all Co. vocational schools integrated in first year, postponed decision on adequacy of grade-a-year thereafter pending U.S.S.C. decision in Calhoun, 522.Ga.3. Jy. 31, 1964: CA 5 ordered 1st, 2nd and 12th grades integrated Fall 1964; add 1 grade from top and 2 from bottom each yr. til completed; only consideration for Bd. to be proximity to school; Def. to report number of applications for reassignment and action taken. Def's. application to U.S.S.C. for stay pending.

C. B. King, P. O. Box 1024, Albany, Ga.

522.Ga.9. Harris v. Gibson and Glynn Co. Bd. of Educ. (CA 5) (322 F.2d 780, c.d. 376 U.S. 908; 333 F.2d 55) 1963: Bd. voluntarily decided to desegregate high school Aug. 28, 1963. Aug. 27: Pl.-white parents sued to enjoin Def. from admitting Negroes; DC granted relief. Sept. 6: DC granted Negro pupils' motion to intervene, ordered Def.-Bd. to undertake administrative review of desegregation plan, held case in abeyance. Sept. 12: CA 5 vacated DC order, enjoined Def. from excluding Negro pupils pending appeal. Negro pupils attending high school. Dec. 11: White-Pls. filed petition for cert. for review of CA order granting injunction pending appeal. Feb. 17, 1964: U.S.S.C. denied petition for cert. June 18, 1964: CA 5 ordered: Bd. should desegregate 10th-12th grades; assumed no injunction needed. Bd. desegregated grades 9-12; 17 Negroes admitted.

NAACP Legal Def. & Educ. Fund, 10 Columbus Circle, NYC.

522.Ga.10. Bivins v. Bd. of Public Educ., Bibb Co. (Macon) (MD Ga., #1926) (9 RRLR 639) Aug. 13, 1963: Pls. sued to desegregate public schools. Co. has 34 white schools (21,082 pupils) and 17 Negro schools (12,717 pupils).

Feb. 24, 1964: Defs. filed reverse grade-a-year plan. DC approved. Pls.' appeal pending.

Donald L. Hollowell, Esq., 859½ Hunter St. NW, Atlanta, Thomas Jackson, Esq., 845 Forsyth St., Macon.

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522.Ga.10a. Bibb Co. Bd. of Ed. v. Evans. (Bibb Co. Super. Ct., #25843) (9 RRLR 647) Jy. 8, 1963: Pl. filed petition for declaratory judgment to operate desegregated schools in view of state statute empowering supervisors to operate separate schools. Co. Ct. held: schools may be operated on desegregated basis since statutory purpose is to provide for education; section requiring separate schools unconstitutional.
522.Ga.11. Bryan and Lockett v. Muscogee Co. Bd. of Educ. (MD Ga., #991) Jan. 1964: Pl.-Negro children sued to desegregate public schools. Defs. voluntarily began grade-a-year desegregation, accepted Pls.' applications for transfer; 4 Negro children accepted to white schools 1964-65. April 1, 1964: DC denied preliminary injunction. Appeal pending.
522.Ga.12. Acree v. Richmond Co. (SD Ga., Civ. #1179) Suit to desegregate Co. public schools. June 17, 1964: Motion for preliminary injunction, answer and objections to interrogatories filed; pending.
522.Ill.1. Webb v. Bd. of Educ. (Chicago) (CA 7) (223 F.Supp. 466) Sept. 1961: parents of 32 Negro elementary public school children sued for injunctive relief against alleged racial discrimination practiced by Def.-Bd. in drawing of school district lines, refusing transfer to Negro students seeking to enter schools with a majority of white students, providing lower standards of education in all-Negro schools. Pls. prayed for decree: declaring application and continuation of "neighborhood school" policy unconstitutional and in violation of Fourteenth Amendment; declaring Def. has affirmative duty to provide Pls. with racially integrated school system; requiring Def. to register Pls. in desegregated schools. DC dismissed. Appeal pending.

James D. Montgomery, Esq., 30 W. Washington, Chicago; Paul B. Zuber, Esq., 2816 Eighth Ave., NYC.

511.Ill.3. McNeese v. Bd. of Educ. (Centreville) (DC Ill.) (373 U.S. 668) White children attended morning sessions, Negro children attended afternoon sessions at same schools. 1957 policy changed; zone lines drawn resulting in de facto segregation at elementary schools. 1961: desegregation suit filed. DC dismissed for failure to exhaust administrative remedy. June 1963: U.S.S.C. (8-1) reversed, by Douglas, J.: relief under Civil Rights Act may not be defeated because not first sought under state law which provided a remedy. Monroe v. Pape, 365 U.S. 167 (303.26). "The purposes [of that Act] were . . . to provide a remedy where state law was inadequate, 'to provide a fedl. remedy where the state remedy, though adequate in theory, was not available in practice', and to provide a remedy in the fedl. cts. supplementary to any remedy any State might have. We would defeat those purposes if we held that assertion of a fedl. claim in a fedl. ct. must await an attempt to vindicate the same claim in a state ct." "We have . . . no underlying issue of state law controlling this litigation. It is immaterial whether Resp's. conduct is legal or illegal as a matter of state law. . . . Moreover, it is by no means clear that Ill. law provides Pets. with an administrative remedy sufficiently adequate to preclude prior resort to a fedl. ct. for protection of their fedl. rights." Harlan, J., diss.

Rogers, Strayhorn & Harth, Esqs., 69 W. Washington St., Suite 1600, Chicago; Richard C. Younge, Esq., 1509 Bond Ave., E. St. Louis, Ill.

522.Kan.2. Downs v. Bd. of Educ. (Kansas City) (CA 10) Class suit for school desegregation. DC decision on appeal.

Elmer C. Jackson and James P. Davis, Esqs., 1300 N. 5th St.; A. B. Howard, Esq., 519a Minnesota, all of Kansas City.

522.La.1. Bush v. Orleans Parish School Bd. (New Orleans) (ED La., #3630) (368 U.S. 11; 205 F.Supp. 893; 9 RRLR 667) 1955: Negro-Pls. sued for injunction to prevent Def.-Bd. from enforcing La. Statutes directing State Bd. of Educ. to withhold approval and funds from any school admitting Negro and white students. Oct. 1958: DC entered final decree ordering desegregation. May 1960: DC ordered stairstep plan beginning with first grade in Fall 1960. (For complete history, see VI DOCKET 37 thru VII DOCKET 118.) Fall 1960: first school desegregated 1st grade; 2 Negro children enrolled; all whites boycotted. May 23, 1962: DC (Ellis, J.) withdrew desegregation order of Wright, J. as to grades 1 thru 6, ordered desegregation of only first grade Sept. 1962, with one additional grade each yr.; did not change ruling that pupil placement law could be used only with nonsegregated system of initial assignment. Aug. 25: CA 5 reversed Ellis' order in part to permit some desegregation of 2d and 3d grades. May 17, 1963: DC approved and modified Def's. desegregation plan, incl. abolition of 2 (racial) lists of pupils, adding certain schools and grades, held in abeyance Pls.' motion for desegregation of teaching staffs until Def's. plan underway, retained jurisdiction. May 26, 1964: DC ordered: proceed to register children to kindergarten and 1st grade without discrimination and according to single zone system. Aug. 10: hearing on acceleration motion; no order issued.

A. P. Tureaud and A. M. Trudeau, Esqs., 1821 Orleans Ave., New Orleans; NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

522.La.2. Hall v. St. Helena Parish School Bd. (ED La., Baton Roughe Div., #3630) (197 F.Supp. 649, aff'd. 368 U.S. 515; 9 RRLR 668, 1226, 233 F.Supp. 136) Facts and issues similar to Bush, 522.La.1. 1960: DC granted Pl's. motion for summary judgment against Def. continuing segregation. CA 5 affirmed. Apr. 1961: voters (incl. only 4 Negroes) voted to close public schools rather than integrate them. Aug. 30, 1961: 3-judge fedl. ct. held unconstitutional Act 2, 1961 2d Spec. Sess., for violating equal protection clause of Fourteenth Amendment in permitting citizens to vote on this issue; found segregation program constitutionally void because it involved such extensive state control, financial aid, active participation. CA 5 affirmed; U.S.S.C. denied certiorari; affirmed 3-judge ct. ruling. Jan. 1962: Pls. in Hall and Davis, 522.La.4, granted injunction requiring Def. to draft desegregation plans for assignment of children, allotment of funds, construction of schools, approval of budgets, elimination of any other discrimination in operation of schools. March, 1963: Pls. filed motion for Defs. to formulate plan for desegregation. Feb. 1964: Pls.' motion for further relief submitted. May 1964: Pls. filed petition for writ of mandamus to DC to rule on their Feb. 14 motion for further relief. Jy. 9: CA ordered DC to rule that Defs. submit desegregation plan consistent with requirements set down by CA in other cases, or own plan, but must begin 1964-65 term. Aug. 17, 1964: 3 Negro 12th grade students entered white high school.

A. P. Tureaud and A. M. Trudeau, Esqs., 1821 Orleans Ave., New Orleans; NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

U.S. appeared amicus.

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522.La.3. Angel v. La. State Bd. of Educ. (La. Trade Schools) (ED La., #1658) (287 F.2d 33, 8 RRLR 1075) 1956: Pls. filed school desegregation suit. 1961: CA 5 affirmed DC order for integration. 1962: U.S. petitioned DC to hold Def.-Bd. in contempt for failure to obey order. Sept. 22, 1962: DC found Def.-Bd. innocent on basis of resolution by Def.-Bd. of Sept. 21, 1962 adopting non-discriminatory policy of admittance. DC retained jurisdiction. June 26, 1963: U.S. filed petition against director of school, seeking civil contempt decree for failure to obey ct. order. Pending.
522.La.4. Davis v. E. Baton Rouge Parish School Bd. (ED La., Baton Rouge Div., #1662) (214 F.S. 624, 219 F.S. 876) Facts and issues similar to Bush, 522.La.1. Jan. 1963: Court ordered Defs. to submit desegregation plan by July 1, 1963. Sept. 1963: 12th grade desegregated, 11th grade 1964-65, grade-a-yr. thereafter. Sept. 1963: 30 children attended desegregated schools. Def. has accepted 59 of 97 applicants to attend 11th and 12th grades at white schools for 1964-65 term.

A. P. Tureaud, Esq., 1821 Orleans Ave., New Orleans.

522.La.13. Harris, Crayton v. St. John the Baptist Parish School Bd. (ED La., New Orleans Div., #13212.) Feb. 1963: School desegregation suit filed. Pls. motion for summary judgment heard July 15, 1964. Pending.

A. P. Tureaud, Esq., 1821 Orleans Ave., New Orleans; NAACP Legal Def. & Educ. Fund, 10 Columbus Circle, NYC.

522.La.14. U.S. v. Bossier Parish School Bd. (CA 5) (220 F.Supp. 243, 336 F.2d 197, 8 RRLR 964, 9 RRLR 1238) Feb. 1963: U.S. filed suit seeking desegregation of schools attended by children of military personnel at Barksdale AFB. Aug. 20, 1963: DC granted Defs. motion to dismiss: (1) fact that fedl. school construction funds used by impacted school district does not require that district desegregate its schools, for U.S.S.C. holdings do not require immediate desegregation; (2) Congress' intent in providing aid was to assist segregated and desegregated schools alike; (3) U.S. has no standing to sue. Aug. 25, 1964: CA 5 aff'd.
522.La.15. Booker v. Calcasieu Parish School Bd. (WD La., Civ. #9981-LC) Jan. 31, 1964: Pls.-Negro parents sued, alleging their eight children denied admission to parish white schools, and asking DC to order desegregation of parish school system. Pending.

A. P. Tureaud, Esq., 1821 Orleans Ave., New Orleans.

522.La.16. Conley v. Lake Charles School Bd. (WD La., Civ. #9981-LC) Jan. 31, 1964: Pls.-5 Negro parents sued to compel admittance of their 14 children to public schools in Lake Charles, which is part of Calcasieu Parish, see Booker, 522.La.15, but operates an independent city school system. Pending.

NAACP Legal Def. & Educ. Fund, 10 Columbus Cir., NYC.

522.La.17. Williams v. Iberville Parish School Bd. (Plaquemine.) (ED La., #2921) Jan. 23, 1964: Pls. sued to desegregate parish schools within one year. July 8: DC granted Pls.' motion for summary judgment; denied injunction pending appeal. Bd. submitted grade-a-year plan; objections filed. Pending.

NAACP Legal Def. & Educ. Fund, 10 Columbus Cir., NYC.

522.La.18. McCoy v. La. State Bd. of Educ. (Northeast State College) (CA 5) (332 F.2d 915) Jan. 15, 1964: Pl.-Negro college student sued to gain admittance to Northeast La. State College, alleging prior college work, 2 unsuccessful attempts to gain admittance, praying preliminary injunction for admission Spring semester. May 10, 1964: Pls. filed petition for writ of mandamus in CA 5 to compel DC to rule on motion for preliminary injunction. May 18: DC dismissed State Bd. as Def., ordered Pls. to join individual Bd. members as Defs. within 60 days or suit dismissed. June 5: CA 5 granted Pls.' motion for injunction pending appeal; held State Bd. not immune from suit, is proper party Def. June 10: Pl. entered college. Pending.

NAACP Legal Def. & Educ. Fund, 10 Columbus Circle, NYC.

522.La.19. Welch v. La. State Bd. of Educ. (Southern Univ.) (ED La.) Feb. 3, 1964: Pl.-white school teacher sued for admission to Southern Univ. (New Orleans), which La. state law limits to Negroes, asked preliminary injunction to allow admission for Spring semester. Pending.

NAACP Legal Def. & Educ. Fund, 10 Columbus Circle, NYC.

522.La.20. Naguin v. Terrebone Parish School Bd. (ED La., New Orleans Div., Civ. #13291) (8 RRLR 1421) 1963: Pls.-Indian children sued to end segregation. DC issued preliminary injunction, ordered prompt desegregation of 11th and 12th grades, ordered Def.-Bd. to submit desegregation plan for other grades.

Nelson and Nelson, Esqs., 328 Chartres St., New Orleans.

522.La.21. Nweze v. Bd. of Supers., La. State Univ. & A. & M. College. (New Orleans) (ED La., #13,544) (8 RRLR 884) June 1963: Pl.-Nigerian student at Southern Univ. in New Orleans applied to La. State Univ. to take summer session courses not available to him at Southern. Defs. denied application: La. State does not admit non-resident Negroes. June 1963: Pl. sued to gain admission. June 12: DC issued temporary restraining order requiring Defs. to admit Pl. Pending hearing on preliminary injunction.

Smith & Waltzer, Esqs., 1006 Baronne Bldg., New Orleans.

522.La.22. Anderson v. Bd. of Supers., La. State Univ. (ED La., Baton Rouge Div., Civ. #3001) (9 RRLR 603) Pl.-Negroes sued for injunction to gain admission. Def. admitted policy against admission but that it complies with court orders to admit Negroes. June 18, 1964: DC treated as request for consent decree; issued preliminary injunction in
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favor of Pls. and others similarly situated.
522.La.23. Poindexter v. La. Financial Assistance Comm. (CA 5) Pl. sued to enjoin state tuition grants to private schools which discriminate. June 29, 1964: 3-judge ct. convened; motions filed. Pending.
522.Md.2a. Christmas v. Bd. of Educ. (Harford Co.) (DC Md., #15532) (231 F.S. 331) 1955-58: After extensive litigation, grade-a-year desegregation put into effect. Slade, 522.Md.2; Pettit, 522.Md.5. May 1, 1964: Suit filed to speed desegregation and end discrimination in hiring and assignment of teachers. Jy. 2, 1964: DC enjoined Defs. permanently, retained jurisdiction.

Juanita Jackson Mitchell, Esq., 1239 Druid Hill Ave.; Tucker Dearing, Esq., 627 N. Aisquith St., both of Baltimore.

522.Mich.3. Sherrill School Parents Comm., Bentley v. Bd. of Educ. (Detroit) (ED Mich., S. Div., #22092) Jan. 22, 1962: injunction suit filed by Pl.-voluntary assn. of 300 Negro and white parents in school dist., Pl.-Negro and white homeowners and parents, alleging Def.-Bd. followed policies and practices designed to create and maintain segregated schools for Negro pupils by: gerrymandering school district lines, discriminating in employment practices re teachers, permitting deterioration of existing schools and failing to provide new schools, using inexperienced teachers in segregated schools, discriminating re transfers to schools outside district and in student apprenticeship program and in standards of education. May 1, 1964: Report of amicus filed recommending redistricting of city, assignment of teachers and administrators to achieve greater racial balance. Pending.

Ernest Goodman and George W. Crockett, Jr., Esqs., 3220 Cadillac Tower, Detroit.

522.Miss.1a. Greene v. Fair. (Univ. of Miss.) (SD, Jackson Div., #3130) (314 F.2d 200, 8 RRLR 111) 1962: Pl. filed suit for admission. DC denied injunction pending exhaustion of Univ. administrative remedies. Feb. 1963: CA 5 denied order for immediate admittance. Pending.
522.Miss.2. Evers v. Jackson Muni. Separate School Dist. (CA 5, ##20824, 20825, 20826; SD Miss., #3379) (328 F.2d 408, 9 RRLR 171, 232 F.Supp. 241) March 7, 1963: School integration suit filed. June 29: DC dismissed suit on ground Pls. failed to exhaust administrative remedies. Feb. 13, 1964: CA 5 consolidated with Hudson, 522.Miss.3, and Mason, 522.Miss.4a, reversed and remanded with instructions to enter temporary injunctions: (1) DC holding that since pupils failed to use Miss. pupil assignment laws, segregation is voluntary, overlooks fact Miss. law provides for separate schools, makes attendance at integrated school a criminal offense; (2) cases denying relief for failure to exhaust administrative remedies not in point, as they arose in jurisdictions where applications to enter white schools would be considered in good faith. Mar. 4: DC granted petition of white parents to intervene, issued identical injunctions in this case and 2 other remanded cases: (1) Defs. enjoined from racial discrimination until they prepared plan for orderly integration; (2) Defs. to present desegregation plan by July 15, 1964, providing for at least a grade-a-year beginning Sept. 1964. Pending.

NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

522.Miss.3. Hudson v. Leake Co. School Bd. (CA 5, #20825; SD Miss., #3382) (328 F.2d 408; 232 F.Supp. 241; 9 RRLR 171, 1239) March 1963: Pls. filed school integration suit. June 1963: DC dismissed on ground Pls. failed to exhaust administrative remedies. July, 1963: CA 5 denied injunction pending appeal, denied motion to advance appeal. Feb. 13, 1964: CA 5 decision and Mar. 4, 1964: DC decision same as Evers, 522.Miss.2.

NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

522.Miss.4. U.S. v. Biloxi Muni. Separate School Dist. (CA 5) (326 F.2d 237, 9 RRLR 165) 1963: U.S. filed suit to desegregate schools attended by dependents of military personnel stationed near Def.-schools. June 17, 1963: DC dismissed, held U.S. is not proper party Pl. Jan. 7, 1964: CA 5 affirmed in consolidated opinion, see Madison Co., 522.Ala.8.
522.Miss.4a. Mason v. Biloxi Muni. Separate School Dist. (CA 5, #20826; SD Miss., #2696) (328 F.2d 408; 232 F.Supp. 241; 9 RRLR 1239) Facts, issues, status same as 522.Miss.2 and 522.Miss.3.

R. Jess Brown, Esq., 115½ N. Farish St., Jackson, Miss.; NAACP Legal Def. & Educ. Fund, 10 Columbus Circle, NYC.

522.Miss.5. U.S. v. School Bd. (Gulfport) (326 F.2d 237) 1963: U.S. filed suit similar to 522.Miss.4. Same action, status. Jan. 7, 1964: CA 5 aff'd. in consolidated opinion; see Madison Co., 522.Ala.8.
522.Miss.6. McDowell v. Tubb. (U. of Miss. Law School) (SD Miss., Jackson Div., Civ. #3425; Miss. Bd. of Trs. of Higher Educ.) June 4, 1963: DC held Pl. irreparably injured if not admitted immediately to Law School, ordered Pl. admitted promptly, and no privilege or immunity given to other law students to be withheld from Pl. Sept. 4, 1963: Univ. authorities expelled Pl. for bringing loaded revolver on campus; Pl. alleged weapon necessary for self-defense, punishment more severe than meted out to white students for similar offenses. Jan. 24, 1964: State Bd. affirmed Univ. action. Mar. 17: Univ. affirmed order of expulsion. Mar. 17: State Bd. affirmed. Motion for readmission pending in DC.

NAACP Legal Def. & Educ. Fund, 10 Columbus Circle, NYC.

522.Miss.8. Henry v. Clarksdale Muni. Separate School Dist. (ND Miss., Delta Div., #DC6428) (9 RRLR 678) Pls.-Negro children sued to enjoin segregated schools. June 26, 1964: DC granted injunction; ordered at least one grade desegregated by Sept. 1964 term. Motions for further relief to be filed. Pending.
522.Mo.3. Lewis v. Bd. of Educ., Deering. (Pemiscot.) (ED Mo., #S63C21) May 7, 1963: Pls. filed school desegregation suit. Pending.

Clyde S. Cahill, Jr., Esq., St. Louis, Mo.

522.Mo.4. St. Louis Bd. of Educ. v. St. Louis Branch NAACP. (ED Mo., Civ. #63-C-292) Aug. 7, 1963: Pl.-Bd. sued to enjoin Def. from interfering with bus transportation program. Pending.

Article: U.S. Comm. on Civil Rights, Public Education, 1964 Staff Report pp. 143-147.

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522.NJ.4a. Fisher v. School Bd. of Orange (N.J. Commr. of Educ.) (8 RRLR 730) 1963: Pl.-Negro parents of elementary school pupils petitioned for desegregation of Def's. 8 elementary schools, alleging discrimination in neighborhood school pupil assignment system. May 15, 1963: Commr. decided school borderlines should reflect race; schools ordered to implement plans avoiding concentration of Negro pupils in certain schools. Resp.-Bd. appealed Commr.'s determination to N.J. Bd. of Educ., which ordered appeal stayed pending final action by Commr. Jy. 30, 1963: Commr. notified Bd. that stay left his order in effect, since Bd. had not complied, state funds for 1963-64 would be withheld. Aug. 28: Bd. resolved that for 1963-64, steps would be taken to integrate 3rd and 4th grades. Aug. 29: Commr. notified Bd. state aid would be reinstated.

Herbert H. Tate, Esq., 126 Court St., Newark; William Wright, Esq., 201 E. 5th St., Plainfield, N.J.; Robert L. Carter and Barbara A. Morris, Esqs., 20 W. 40th St., NYC.

522.NY.6. Branche v. Bd. of Educ. (Hempstead) (ED NY, #62-C-176) (7 RRLR 361) 1949: Def.-Bd. instituted neighborhood school requirement. 1953-1955: due to rapid population expansion, 3 new schools built. 1962: Def.-Bd. sought referendum and vote on bond issue to enlarge 2 predominantly Negro grade schools. Pls. sued for injunction against maintenance of segregated public schools, neighborhood school attendance rule, projected referendum and bond issue. Def.-Bd. cancelled referendum and bond issue, pending DC trial and Commr's. action in 522.NY.6a. Apr. 9, 1962: DC denied Def's. motion for summary judgment; held "Segregated education is inadequate and when that inadequacy is attributable to state action it is a deprivation of constitutional right. . . . It is unavoidably the responsibility of the Courts . . . to isolate forbidden principle and require its exclusion from the action of the educational authorities. . . . What is involved here is not convenience but constitutional interests." Pending.

Wilfred V. Reape, Jr., Esq., 456 Albany Ave., Amityville, N.Y.; Robert L. Carter and Maria L. Marios, Esqs., NAACP, 20 W. 40th St., Jawn A. Sandifer, Esq., 271 W. 125th St., all of NYC.

522.NY.7. Blocker v. Bd. of Educ. (Manhasset, Long Island) (ED NY, #62-C-285) (226 F.S. 208, 229 F.S. 709, 714) Suit by Negro parents for desegregation of public schools. Pls. allege predominantly Negro school under-utilized, predominantly white school overcrowded. Jan. 4, 1964: DC found Defs. assigned children to 3 elementary schools in accord with neighborhood plan, found all-Negro school had unduly small attendance area (12.38% of school population went to Negro school, remainder to 2 white schools), found racial segregation by means of neighborhood school concept has same detrimental effect on Negro children as segregation condemned in Brown, found neighborhood schools as run by Defs. to be state action in violation of 14th Amendment, held neighborhood schools neither unconstitutional per se, nor immune from judicial scrutiny, ordered Defs. to submit desegregation plan. The decision contains extensive review of law and socio-economic facts at issue. April 7, 1964: DC ordered Defs. to permit pupils residing in Negro school attendance area to transfer to other schools in district. Jurisdiction retained.

Robert L. Carter, Esq., NAACP, 20 W. 40th St., NYC.

522.NY.9. Aikens v. Bd. of Educ. (Rochester) (WD NY, #9736) May 28, 1962: White and Negro parents filed class suit for desegregation of public schools, alleging Bd. maintained de facto segregation, inferior educational facilities in "Negro" schools. Pending.

Jawn Sandifer, Esq., 271 W. 125 St.; Robert L. Carter and Barbara Morris, Esqs., NAACP, 20 W. 40th St., NYC.

And see 523.NY.7.

522.NY.10. Bailey v. Bd. of Educ. (Westbury) (DC NY) May, 1962: Pls. filed class suit for desegregation, alleging Def. changed zone lines in elementary schools, leaving virtually all-Negro school, assigned Negro students to distant school. Pending.

See also 523.NY.1, 523.NY.2.

522.NC.13a. Farmer v. Greene Co. Bd. of Educ. (CA 4, #9125) School desegregation suit filed. DC denied preliminary injunction. Questions on appeal included exhaustion of state remedies. Apr. 1964: CA directed Pls. to apply for admission to white schools. May 1: CA remanded. DC granted motion for summary judgment; ordered Def. to submit plan. Pending.

C. O. Pearson, Esq., P. O. Box 1428, Durham, N.C.; NAACP Legal Def. & Educ. Fund, 10 Columbus Circle, NYC.

522.NC.14. Wheeler v. Durham City Bd. of Educ. (CA 4) (309 F.2d 630, 326 F.2d 759) 1959: 225 Negro students applied for transfers to white schools; Def.-Bd. accepted 8. Apr. 1960: suit by parents of 161 Negro students not permitted to transfer. Apr. 1962: DC dismissed suit. Oct. 1962: CA 4 reversed, ordered admission of Pls. to schools for which they applied starting Sept. 1962; declared N.C. Pupil Enrollment Act being unconstitutionally used; ordered DC to enjoin further discrimination. Jy. 1963: DC ordered "total and complete desegregation" of all city schools beginning with 1964-65 school year. May 1, 1964: DC disapproved Def's. plan for desegregation, held zones racially gerrymandered, did not order rezoning, did order free transfers in all grades; denied relief on teacher desegregation. Appeal pending.

C. O. Pearson, Esq., P. O. Box 1428, and William A. Marsh, Jr., Esq., P. O. Box 125, both of Durham, N.C.; NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

522.NC.14a. Spaulding v. Durham City Bd. of Educ. (MD N.C., #C-116-D-60) (9 RRLR 206) Companion case to Wheeler, 522.NC.14. Jy. 20, 1961: DC held Pls. who did not attend Bd. hearing not entitled to relief, Bd. should reconsider others. Bd. admitted 6 pupils to white school, denied admission of 100 pupils. CA 4 reversed denial. On remand, DC ordered Pls. admitted to white school. Jy. 1963: DC rejected Def.-Bd's. plan, ordered "total and complete desegregation" of all schools starting in 1964-65 school year.
522.NC.16b. Felder v. Harnett Co. Bd. of Educ. (ED N.C., Raleigh

Div., #1469-Civ.) (9 RRLR 1276) Oct. 17, 1960: Pls.-27 Indian children sued for admission to public schools. Oct. 1960: DC issued, then dissolved, temporary injunction compelling admission. Jan. 2, 1964: DC ordered 27 Pls. admitted to white schools, but stated order applied only to these Pls. (Indian children have attended local high school since 1961.) DC ordered parties to confer, report back June 17. If no agreement reached, trial will be set to insure relief before 1964-65 school term.

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522.NC.16c. Felder v. Harnett Co. Bd. of Educ. (ED N.C., Raleigh Div., #1469-Civ.) Oct. 9, 1963: Pls.-19 Negro children sued to desegregate public schools. Aug. 13, 1964: DC ordered admission of Pls., who requested transfer by Aug. 20; Def. to notify all parents of right to request free transfer to any school. Five Pls. transferred; request of non-Pls. denied.

Conrad O. Pearson, Esq., 203½ Chapel Hill St., Durham, N.C.

522.NC.18. Hunter v. Raleigh City Bd. of Educ. (ED N.C., Raleigh Div., #1308) May 1961: Class suit filed by 66 Negro-Pls. to restrain enforcement, operation, and execution of State Pupil Assignment Act. Pending.

Mitchell, Greene, Ball, Esqs., 507 E. Martin, and Herman L. Taylor, Esq., 122 E. Hargett St., all of Raleigh, N.C.

522.NC.21. Gilmore v. High Point Bd. of Educ. (MD N.C., #51-G-63) (9 RRLR 714) 1963: School desegregation suit filed. 1963: Pls. withdrew motion for preliminary injunction on Bd's. agreement to admit them and submit desegregation plan by Oct. 1, 1963. Pls. filed objections to Def's. plan: new set of single zone lines gerrymandered to maintain segregation. April 16, 1964: DC agreed to consent order allowing freedom of choice transfers.

NAACP Legal Def. & Educ. Fund, 10 Columbus Circle, NYC.

522.NC.23. Ford v. Cumberland Co. Bd. of Educ. (ED N.C., #668) 1963: Pls. filed school integration suit. July 10, 1963: Def.-Bd. granted Pls. transfer requests. DC continued hearing on preliminary injunction to allow Def. to submit desegregation plan for 1964-65. May 6, 1964: DC approved consent order allowing open enrollment.

NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

522.NC.24. Ziglar v. Reidsville Bd. of Educ. (MD N.C., Greensboro Div., #C-226-S-62) (9 RRLR 207) Mar. 20, 1964: DC entered consent order providing that first grade children in Sept. 1964 be assigned to school of choice, children of all other grades be allowed to apply for transfers to other schools, held this order did not prejudice Pls.' rights to further relief, ordered Pls. and Defs. to confer on operation of school for subsequent years, said if agreement not reached by April 1965, suit will be tried.

J. Kenneth Lee, Esq., Greensboro; C. O. Pearson, Esq., 203½ E. Chapel Hill St., Durham.

522.NC.25. DuBissette v. Cabarrus Co. Bd. of Educ. (MD N.C., Salisbury Div., Civ. #C-190-S-63) (9 RRLR 205) 1963: Pl. sued to enjoin alleged discriminatory operation of Co. schools. Mar. 17, 1964: DC entered consent order providing for free transfer of pupils in 1964-65 school year, ordered parties to negotiate permanent plan for desegregation, said suit will be tried if no agreement by Feb. 1965. NAACP Legal Defense Fund, 10 Columbus Circle, NYC.
522.NC.26. Turner v. Warren Co. Bd. of Educ. (WD N.C., #2196) 1963: Pls. sued for preliminary and permanent injunction against discriminatory operation of Co. schools. Pending. May 6, 1964: DC overruled Def's. contention Pls. must exhaust remedies under N.C. Pupil Placement Act, ordered parties to confer, report back June 17. June, 1964: DC ordered open enrollment, granted transfer requests of 19 of 40 applicants. Pending.

NAACP Legal Defense and Educ. Fund, 10 Columbus Cir., NYC.

522.NC.27. Gill v. Concord City Bd. of Educ. (MD N.C., #C-223-S-63) Sept. 1963: Pls. filed suit to desegregate schools. Feb. 20, 1964: Pl's, motion for preliminary injunction denied: complaint dismissed as to individual Def.-Supt. of Schools; Def.-Bd.'s motion to dismiss denied. May, 1964: DC ordered freedom of choice plan.

Conrad O. Pearson, Esq., 203½ Chapel Hill St., Durham, N.C.

522.NC.28. Williams v. Hendersonville City School Bd. (WD N.C., #2182) Oct. 1963: Pls. sued to desegregate public schools. Nov. 27, 1963: Def.-Bd. answered: alleged failure to exhaust administrative remedies, survey shows most Negro parents want their children to remain in Negro school, suggested desegregation plan. Apr. 2, 1964: DC held hearing; accepted consent order permitting freedom of choice for 1964-65 school year.

NAACP Legal Defense and Educ. Fund, 10 Columbus Cir., NYC.

522.NC.29. Bowditch v. Buncombe Co. Bd. of Educ. (WD N.C., #2196) (9 RRLR 1270) Jan. 24, 1964: Pl.-parents of 32 Negro children sued to enjoin Def.-Bd. from discriminating in any manner against Negro children or teachers, beginning with 1964-65 school year. Def. voluntarily began token integration in 1963. July 16, 1964: DC approved 3-yr. plan; ruled Pls. have no standing to claim teacher desegregation. Appeal pending.

Ruben J. Dailey, Esq., 13½ Eagle St., Asheville, N.C.

522.NC.31. Sowers v. Lexington Bd. of Educ. (MD N.C., #20-S-64) Mar. 1964: Pls. sued to desegregate public schools. May, 1964: DC entered consent order giving all students free choice. 20 students applied for transfer, Bd. denied 10. August 14: Pls. moved for further relief. Sept. 3: DC ordered Def. to admit 6 of 10. Def. admitted all 10.

NAACP Legal Def. & Educ. Fund, 10 Columbus Circle, NYC.

522.NC.32. Nesbitt v. Statesville City Bd. of Educ. (WD N.C., #486) (232 F.Supp. 288, 9 RRLR 1278) May, 1964: Pls. sued to desegregate public schools. DC approved 3-yr. plan; denied relief to Pls. outside scope of plan. Appeal pending.

NAACP Legal Def. & Educ. Fund, 10 Columbus Circle, NYC.

522.NC.33. Eaton v. New Hanover Co. (ED N.C., Wilmington Div., Civ. #1022) Mar. 1964: Pls. sued to desegregate public schools. Aug. 5, 1964: DC ordered 19 pupils placed in schools; hearing continued to Jan. 1, 1965.

C. O. Pearson, Esq., Durham; Robert R. Bond, Esq., Wilmington, N.C.; NAACP Legal Def. & Educ. Fund, Inc., 10 Columbus Circle, NYC.

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522.Ohio.2. Lynch v. Bd. of Educ. (Kenston) (ND Ohio E. Div.) (229 F.S. 740) May 20, 1964: Negro-class action to end de facto school segregation due to neighborhood school policy. DC held: no right to attend affirmatively integrated schools; no constitutional rights violated by good faith adherence to neighborhood school policy; denied motion to dismiss allegation of discrimination in drawing school district boundary lines; leave to amend granted to include allegations requisite for class action. Pending.
522.Okla.6. Dowell v. Bd. of Educ. (Oklahoma City) (WD Okla., #942 Civ.) (219 F.Supp. 427) Oct. 1961: suit filed by parent of Negro student. Issues: (1) constitutionality of state pupil transfer law; (2) "quota" system for Negro students. Jy. 1962: 3-judge ct. dissolved itself, held no constitutional issues raised by Def's. manner of designating schools for pupils to attend. Jy. 1963: DC ordered Def. to halt transferring pupils on race basis, admit Pl., begin non-discriminatory assignment of faculty. Fall 1963: 5 Negro teachers assigned to 3 white schools; Bd. following policy of filling all positions, professional and other, without regard to race. Aug. 1963: DC approved Def's. steps toward integration of pupils and teaching staffs taken under its interim plan. Feb. 1964: DC rejected Bd. plan for desegregation, ordered study of entire school system. Study in progress. Pending.

U. Simpson Tate, Esq., 121½ W. Cedar St., Wewoka, Okla.; E. Melvin Porter, Esq., 715 N. Lottie, Oklahoma City; NAACP Legal Def. & Educ. Fund, 10 Columbus Circle, NYC.

522.Okla.7. Hill v. New Lima Bd. of Educ. (ED Okla., #5462) Sept. 10, 1963: Pls. filed school desegregation suit. Oct. 15, 1963: Pls. moved for summary judgment; pending.

U. Simpson Tate, Esq., 121½ W. Cedar St., Wewoka, Okla.

522.Pa.1. Chisholm v. Bd. of Pub. Educ. (Philadelphia.) (ED Pa., #29706) June 7, 1961: suit filed alleging Def.-Bd. discriminates in assignment of teachers, establishment of school boundaries, transfer of pupils, all on basis of race. Pls. ask order requiring Defs. to submit desegregation plan. Pending.

William L. Akers, Esq., 20 S. 15th St.; James K. Baker, Esq., 16 S. Broad St.; A. Leon Higginbotham, Jr., Esq., 15th fl. Commercial Trust Bldg.; Charles Andre Moore, Esq., 9th fl. Commercial Trust Bldg.; Oscar N. Gaskins, Esq., 410 S. 15th St., all of Philadelphia.

Federation of Teachers represented by Goldstein & Barham, Esqs., One E. Penn. Sq. Bldg., Philadelphia.

522.SC.1. Briggs v. Elliott. (Clarendon Co.) (CA 4) (98 F.Supp. 529, 342 U.S. 350; 103 F.Supp. 920; 347 U.S. 483; 349 U.S. 294) Companion case to Brown. On remand, 3-judge court entered decree July 1955: (1) holding state statutes and constitutional provisions requiring segregated schools unconstitutional; (2) enjoining Defs. from refusing on account of race or color to admit any qualified child to any school in jurisdiction after Defs. have made "necessary arrangements" for non-discriminatory admission, with no date for compliance set. 1959: Def.-Bd. rejected applications of 15 Negro students to transfer to white school. DC rejected Pls.' motion for order requiring Def. to grant transfers. Sept. 1962: Pls.' appeal heard and submitted.

Matthew J. Perry, Esq., 1107½ Washington St., Columbia, S.C.; NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

522.SC.2. Brunson v. Bd. of Trs., Clarendon Co. School Dist. No. 1. (ED S.C.) (311 F.2d 107, c.d. 373 U.S. 933) 1960: Suit filed seeking desegregation of Summerton schools in Co. 1962: DC held suit not proper class action, ordered all but 1 Pl. stricken, remaining Pl. to file amended complaint. 1962: CA 4 reversed, held suit proper class action. 1963: U.S.S.C. denied cert. Interrogatories answered. Trial pending.

Lincoln C. Jenkins, Jr., and Matthew Perry, Esqs., 1107½ Washington St., Columbia, S.C.

522.SC.5. Stanley v. Darlington Co. School Dist. No. 1 (ED S.C., #7749) (9 RRLR 1293) May 29, 1962: Class suit filed by Negro-Pls. seeking immediate injunction against racial segregation of pupils, teachers and administrative personnel or filing of complete integration plan by Def. July 13, 1964: DC granted Pl's. motion for summary judgment; transfer plan adopted for Sept. 1964 term.

Matthew Perry and Lincoln Jenkins, Esqs., 1107½ Washington St., Columbia, S.C.; Ernest A. Finney, Esq., Sumter S.C.; NAACP Legal Def. & Educ. Fund, 10 Columbus Circle, NYC.

522.SC.6. Brown v. School Dist. No. 20. (Charleston) (ED S.C., Charleston Div., #7747) (8 RRLR 998, 328 F.2d 618, 226 F.Supp. 819, 9 RRLR 208) 1963: Pls. sued to desegregate schools. Aug. 1963: DC found Defs. maintained segregated schools, held failure of Pls. to exhaust administrative remedies no bar to this action as such remedies not administered in good faith, rejected contention of Defs. and white Intervenors that Negroes have ethnic characteristics justifying segregation, enjoined Defs. to assign all Negro children to same school a white child from same area would attend beginning Sept. 1964; injunction to remain in effect until Defs. submit desegregation plan. Jan. 1964: CA 4, per curiam, affirmed, adopting DC opinion as its own. Oct. 12, 1964: U.S.S.C. denied cert.

Matthew J. Perry and Lincoln C. Jenkins, Esqs., 1107½ Washington St., Columbia, S.C.

522.SC.10. Randall v. Sumter School Dist. No. 2. (Sumter) (ED S.C.) (232 F.Supp. 786, 9 RRLR 1289) Sept. 13, 1963: Pl. sued to desegregate public schools. DC ordered "conditioned" free choice; gave Bd. power to rule on conditions. Objections filed. Pending.

NAACP Legal Defense and Education Fund, 10 Columbus Circle, NYC.

522.SC.11. Whittenberg v. Greenville Co. School Dist. (WD S.C., #4396) (9 RRLR 719) Aug. 19, 1963: Pls. sued for temporary injunction and desegregation of schools. Apr. 1964: DC ordered Pls. admitted to white schools, approved desegregation plan. Objections filed. Pending.

NAACP Legal Defense and Education Fund, 10 Columbus Circle, NYC.

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522.SC.12. Adams v. School Dist. No. 5. (Orangeburg Co.) (DC SC, #8301) (232 F.Supp. 692, 9RRLR 1282) Mar. 20, 1964: Pls. sued to desegregate schools. Aug. 13, 1964: DC ordered 6 Pls.-Negroes admitted to white schools. Sept. 8: DC ordered transfer plan put into effect; 10 Pls. transferred. 300 white students attend private schools supported by tuition grants.

Matthew J. Perry, Lincoln C. Jenkins, Jr., Esqs., 1107½ Washington St., Columbia, S.C.; Zack E. Townsend, Earl W. Coblyn, Esqs., Orangeburg, S.C.; NAACP Legal Def. & Educ. Fund, 10 Columbus Cir., NYC.

522.SC.13. Crawford v. Chesterfield Co. School Dist. No. 2. (ED S.C., Civ. #8432) Pls.-Negroes sued to desegregate schools. Defs. answered; alleged non-exhaustion of administrative remedies. Pending.
522.Tenn.1a. Boyce v. Humphreys Co. Bd. of Educ. (Nashville) (MD Tenn. #3130) Oct. 9, 1961: Negro parents sued for admission of children to elementary and high schools. Oct. 1961: Defs. submitted plan to desegregate grades 1-5 Jan. 1962, 1 additional grade each year thereafter. Dec. 1961: DC ordered 8 Pls. admitted to desegregated classes Jan., 1962 and remaining grades Sept. 1962. Bd. complied. Issue of teacher segregation pending.

Z. Alexander Looby and Avon N. Williams, Jr., Esqs., Nashville.

522.Tenn.6. Goss v. Bd. of Educ. (Knoxville) (CA 6) (373 U.S. 683) Dec. 1959: class suit filed asking desegregation of all public schools in city. Feb. 1960: DC ordered Def.-Bd. to submit system-wide integration plan Apr. 1960; Bd. complied. Aug. 1960: DC approved Def.-Bd's. stair step plan starting with first grade in Fall 1960, "with free transfers" for all save technical and vocational courses offered at one white high school, which Bd. was ordered to restudy. Apr. 1962: CA 6 reversed; held Bd's. 12-yr. plan of desegregation "adopted at this late date" does not meet "either the spirit or specific requirements of the Supreme Court." Def. desegregated 2 grades Sept. 1962. June 1963: U.S.S.C. unanimously reversed, by Clark, J.: "The alleged equality—which we view as only superficial—of enabling each race to transfer from a desegregated to segregated school does not save the plans. . . . We hold that the transfer plans promote discrimination and are therefore invalid. . . . [N]o official transfer plan or provision of which racial segregation is the inevitable consequence may stand under the Fourteenth Amendment. 1963: On remand, DC approved 2 grades-a-year plan of Defs. CA 6: at argument, Def. announced new plan for desegregation of all grades in Sept. 1964. Objections filed. Pending.

Carl A. Cowan, Esq., 101½ W. Vine Ave., Knoxville; Z. Alexander Looby, Avon N. Williams, Esqs., 327 Charlotte Ave., Nashville; NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

522.Tenn.7. Northcross v. Memphis Bd. of Educ. (WD Tenn., #3931) (333 F.2d 661) March 1960: suit filed by parents of 18 Negro pupils for total, immediate desegregation of all city schools. DC denied Pl's. requested injunction, held Def's. pupil assignment plan satisfactory. Mar. 1962: CA 6 held admission of 13 Negro children to previously all-white schools did not constitute desegregation, held: "These transfer provisions [in Pupil Assignment Law] do not make of this law a vehicle to reorganize the schools on a non-racial basis"; reversed and remanded. U.S.S.C. denied Def's. petition for certiorari. Aug. 1962: On remand, Bd. filed plan. Aug. 31, 1962: DC ordered Bd. to put plan into effect. May 1963: DC approved plan as filed by Def.-Bd.: desegregation of first four grades in 41 of 81 elementary schools in Sept. 1963; rejected Pls.' plan calling for total desegregation by 1965. June 12, 1964: CA 6 reversed, remanded: (1) DC should hold further hearing with Def. having risk of nonpersuasion on issue whether school lines are gerrymandered; (2) desegregation plan must integrate all elementary grades in 1964, jr. high grades in 1965, senior high in 1966; (3) Def. should submit teacher desegregation plan. Motion for relief in accordance with CA 6 opinion filed in DC. Pending.

H. T. Lockard, Esq., 322½ Beale St., Memphis; Constance B. Motley, Esq., Suite 1070, 10 Columbus Cir., NY, NY.

522.Tenn.8. Mapp v. Bd. of Educ. (Chattanooga) (ED Tenn., S. Div., Civ. #3564) (295 F.2d 617, 319 F.2d 571) Apr. 1960: suit filed by parents of 4 Negro pupils asking desegregation of students, teachers and principals in city schools. DC sustained Def.-Bd's. motion to strike all issues re personnel assignment. Nov. 1960: DC ordered Def. to submit desegregation plan. Def. filed plan proposing desegregation of selected schools in first 3 grades in 1962. Jan. 1961: DC held plan inadequate; ordered new system-wide plan. Mar. 1961: Def. filed grade-a-year desegregation plan starting Sept. 1961. Nov. 1961: CA 6 affirmed. Mar. 1962: DC ordered Def.-Bd. to desegregate first 3 grades Fall 1962, stairstep desegregation to be completed Sept. 1968. Mar. 1962: DC, following CA decision in Northcross, 522.Tenn.7, rejected admission and transfer provisions of Bd's. plan (allowing transfers by pupils whose race is in minority), ordered new provisions not based on race. Jy. 1963: CA 6 affirmed DC rejection of transfer provisions; reversed DC striking of faculty desegregation portion of complaint. Nov. 1963: DC approved plan requiring immediate integration at Chattanooga Technical Inst. Dec. 1963: DC found sound educational policy counselled against mid-year entrance into vocational training, ordered desegregation of all city technical schools Sept. 1964, restored to complaint stricken allegations of teacher segregation, but declined to rule on them, declined to rule on Pl's. allegations that former orders of DC not being followed until Pls. formally serve and file them. Pending.

R. H. Craig, Esq., Chattanooga, Tenn.; Z. Alexander Looby and Avon Williams, Esqs., 327 Charlotte Ave., Nashville, Tenn.; NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

522.Tenn.9. Maxwell v. Davidson Co. Bd. of Educ. (near Nashville) (CA 6, #14607) (319 F.2d 858, 373 U.S. 683) Sept. 1960: 12 Negro-Pls. filed desegregation suit. Oct. 1960: after 4-day hearing, DC ordered desegregation of grades 1-4 in Feb. 1961, fifth grade in Sept. 1961, to catch up with similar plan in Nashville. Defs. will comply. DC ordered desegregation of special summer courses for 11th and 12th graders in upper 25% of class. Pls. filed motion for new trial because none of named Pls. can secure individual relief under DC desegregation plan. DC to hear complaint asking teaching desegregation separately. Aug. 1961: DC ordered first 4 grades desegregated Jan. 1961, one grade each yr. until completely desegregated; permitted transfer plan for students attending school where their race is in a minority. Apr. 5, 1962: CA 6 affirmed, held transfer plan "not in and of itself illegal or unconstitutional," warned against its use to perpetuate segregation; denied immediate transfer of Negro-Pls. to grades not yet desegregated, in interest of orderly plan. June 3, 1963: U.S.S.C. unanimously reversed. On remand from U.S.S.C., CA 6 rev'd. DC approval of transfer plan.

Avon Williams and Z. Alexander Looby, Esqs., 327 Charlotte Ave., Nashville.

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522.Tenn.11. Vick v. Co. Bd. of Educ. (Obion Co.) (WD Tenn., #1259) (205 F.Supp. 436, 7 RRLR 380) School desegregation suit filed, including assignment of teachers on nonracial basis. Def.-Bd. proposed grade-a-year desegregation. Dec. 1961: DC rejected plan because Negro schools inferior, ordered plan for full desegregation by Apr. 1, 1962 to begin Fall 1962; took question of teacher assignment under advisement; denied injunction. June 4, 1962: DC accepted Bd's. plan, but struck transfer provisions and reference to Tenn. Pupil Placement Act, inserted provision for liberal transfers on nonracial basis not to prevent desegregation, rejected Pls.' contention that allowing Negro pupils choice of attending integrated or all-Negro schools is unconstitutional. Def. submitted plan for (1) compulsory segregation to be abolished in 1962-63 yr.; (2) racial school zones to be established; (3) students to be assigned according to zones; (4) minimum race transfers permitted. Pending.

Emmet Ballon, Esq., Jackson, Tenn., Avon Williams, Esq., Nashville, Tenn.

522.Tenn.12. Monroe v. Jackson Bd. of Educ. (WD Tenn., #327) (221 F.S. 968, 229 F.S. 580) 1963: Pls. filed school integration suit. June, 1963: DC granted Pls.' motion for summary judgment; Def.-Bd. submitted plan. Aug. 20, 1963: DC denied Def's. motion for jury trial; approved 4-year desegregation plan. Pls.' appeal withdrawn.

Avon N. Williams, Jr., Esq., 327 Charlotte Ave., Nashville.

522.Tenn.14. Robinson v. Shelby Co. Bd. of Educ. (WD Tenn., W. Div., Civ. #4916) (9 RRLR 209) June, 1963: Pls. filed school desegregation suit. Mar. 17: DC approved Def's. plan for desegregation providing for limited free transfer, rejected Pl's. population-ration plan.

B. L. Hooks, R. B. Sugarman, A. W. Willis, Jr., Esqs., all of Memphis.

522.Tenn.15. Hill v. Franklin Co. Bd. of Educ. (ED Tenn., Winchester Div., #668) (9 RRLR 723) 1963: Pls. sued to desegregate public schools. Jan. 1964. DC ordered Def.-Bd. to desegregate two elementary schools by Mar. 2. June 23, 1964: DC rejected original plan filed by Def.; amended plan filed and accepted. Both sides appealed. Pending.

Avon Williams, Esq., 327 Charlotte Ave., Nashville.

522.Tex.5. Bell v. Folson (formerly Boson v. Rippy). (Dallas) (ND Tex., #6165) (184 F.Supp. 402) 1964: Pls. moved for further relief, claim Defs. continuing discrimination despite prior injunctive decree providing for stair-step desegregation beginning Sept. 1961. Aug. 25, 1964: DC denied Pls.' motion to accelerate plan, ordered Bd. to apply same rules and practices to white and Negro students seeking transfers.
522.Tex.7. Ross v. Dyer; Ross v. Houston Ind. School Dist. (SD Tex., Houston Div., Civ. #10,444) (312 F.2d 191, 8 RRLR 1442) Fall 1961: Pl.-Negroes charge Def.-Bd. continuing discriminatory practices, despite prior litigation, alleging all 12 Negro applicants denied admission to white schools 1960-61. Nov. 1961: DC denied motion for immediate injunctive relief. Jan. 1962: DC denied Pls.' motion to cite for contempt. Feb.: Def.-Bd. modified "brother-sister" rule, requiring all members of same family to attend same school, to permit older children to attend desegregated schools even if siblings attend segregated kindergartens (which will be desegregated under stairstep plan in 1972). Mar. 1962: DC held Pls. not entitled to transfers to all-white schools, upheld brother-sister rule. Dec. 1962: CA 5 reversed, held rule requiring all members of same family to attend same school discriminates between Negro children with siblings and those without, compelling former group to attend segregated schools, held use of rule by Def.-Bd. not contempt of court. Sept. 1963: Negro student petitioned to be admitted to previously all-white school not yet scheduled for integration under DC decree of 1960. Dec. 4: DC denied petition, holding to grant it would be to scrap "program for orderly transition." Pending.

Weldon Berry, Esq., 618 Prairie Ave., Houston.

522.Tex.14. Eastland v. Wheat. (Northeast Houston) (SD Tex., #13,330) Sept. 1960: desegregation suit filed. Oct. 23, 1962: DC entered order restraining and enjoining Defs. from segregation in schools.

Weldon H. Berry, Esq., 618 Prairie Ave., Houston.

522.Tex.16. Sanders v. Ransom. (U. of Tex.) (WD Tex., Austin Div., #1231) Suit filed by Negro students at U. for abolition of all segregation in dormitories. May, 1964: DC dismissed. U. of Tex. rescinded policy of segregation in U. owned and operated dormitories; announced applicants to be considered without regard to race.

Sam Houston Clinton, Jr., Esq., 204 May Bldg., 308 W. 11th St., Austin.

522.Tex.20. Carter v. Hix. (Gatesville) (WD Tex., Waco Div., #2276) Oct., 1962: Pls. filed school integration suit. April 1963: DC ordered integration beginning Sept. 1963. Defs. agreed schools had been segregated and to integrate same beginning Sept. 1963.

J. Phillip Crawford, Esq., 2305 E. 7th St., Austin; Weldon H. Berry, Esq., 618 Prairie Ave., Houston; Robert L. Penrice, Esq., 316 Sherman St., Waco.

522.Tex.23. Miller v. Barnes. (Georgetown) (CA 5, #20882) (328 F.2d 810, 9 RRLR 211) School desegregation suit filed. Ct. ordered grade-a-year plan starting with first grade, Sept. 1964. Feb. 1964: CA ordered 2 grades desegregated first year of grade-a-year plan, held gradual desegregation permissible based on judge's assessment of local conditions, conceded Pls. in this suit may never attend integrated schools. Tuttle, C.J., diss.
522.Tex.24. Rice Univ. v. Carr. (DC Tex., #612,668) (9 RRLR 613) Feb. 1963: Suit filed by trustees of founder's will, dated 1891, to strike provision prohibiting admission of Negroes. June, 1963: group of alumni intervened in opposition to suit. Pending.

Baker, Botts, Shepard & Coats, Esqs.; Tom M. Davis, Esq.

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522.Tex.25. Price v. Denison Independent School Dist. (ED Tex., #1565) (9 RRLR 739) Jan. 9, 1964: Pl.-Negro children sued for complete desegregation by Sept. 1964, claiming Def.-Bd's. grade-a-year plan "too little and too late." DC upheld Def's. grade-a-year plan, dismissed. Pl's. appeal pending.

W. H. Berry, Esq., 618 Prairie Ave., Houston, Texas; NAACP Legal Def. & Educ. Fund, 10 Columbus Circle, NYC.

522.Tex.26. Brown v. Hendrix. (Beaumont) (ED Tex., Civ. #4656) Sept. 1962: Pl.-Negro children sued to desegregate schools. Sept. 1963: Bd. of Educ. adopted grade-a-year plan. Pls. asked that their children, in higher grades, be admitted to white schools immediately. Jan. 1964: After hearings, case submitted, pending.
522.Tex.27. Richard v. Christ. (Jefferson Co.) (ED Tex., Beaumont Div., #4657) (228 F.Supp. 698) Sept. 18, 1962: Pl.-Negro children sued to desegregate schools. Jan., 1964: Hearings held and case submitted with Brown, 522.Tex.26. Voluntary plan submitted. DC approved grade-a-year plan, 12 grades desegregated by Sept. 1974. Pls.' appeal pending.

Johns, Willard & Hannah, Esqs., 2160 Washington Blvd., Beaumont.

522.Va.1. Allen, Griffin v. Co. School Bd. (Prince Edward Co.) (ED Va.) (377 U.S. 218, 9 RRLR 1313) 1953: School desegregation suit filed. Companion case to Brown. 1955-1960: Def. avoided integration. 1960: DC ordered Def. to begin "at the earliest practical day." Sept. 1960: Def. closed all Co. public schools. May, 1964: U.S.S.C. reversed CA, affirmed DC, Black, J.: (1) Accepting opinion of Va. Sup. Ct. of App. (133 SE.2d 565) that each Co. has option to operate or not to operate public schools as binding on U.S.S.C., "we cannot accept the Va. ct's. further holding ... that closing the Co's. public schools under the circumstances of the case did not deny the colored school children ... equal protection." (2) "the Equal Protection Clause relates to equal protection of the laws 'between persons as such rather than between areas.' " (3) Clearly sole purpose in closing Co. schools here and nowhere else in State was to ensure no desegregated schools. (4) "Relief needs to be quick and effective"; DC enjoined Co. from paying tuition grants, giving tax exemptions, processing applications for state tuition grants so long as Co's. public schools remained closed; DC had power to make this order and all other necessary orders to prevent further racial discrimination, including adding new parties, and "to enter a decree which will guarantee that these Pets. will get the kind of education that is given in the State's public schools." Clark and Harlan, JJ. diss. in part. June 9: Pls. moved in DC for integration of teaching staffs, order to Def. to open schools. June 17: DC ordered Bd. to levy taxes and collect funds to reopen schools. June 23: Bd. voted (4-2) to reopen schools, appropriate $189,000 for 1964-65 school year for public schools, $375,000 for tuition grants to white students attending "private" school. ($189,000 is approximate amount formerly spent by Bd. to maintain Negro schools.) June 29: Pls. moved to order Bd. to appropriate funds for public schools sufficient to educate both white and Negro pupils; pending.
522.Va.4f. Beckett v. Norfolk School Bd. (ED Va., Civ. #2214) (9 RRLR 1315) Pls. sought injuncti ve relief to obtain more effective desegregation than accomplished under 1957 injunction prohibiting discrimination in admission of pupils. Jy. 30, 1964: DC found Bd. had adopted plan which divided city into non-gerrymandered attendance zones, when zone included more than one school of same level, pupils allowed freedom of choice as to which to attend; denied further relief on ground this plan complied with law; found faculties segregated, but since no teacher complained and no resulting injury to pupils represented in this case shown, Pl's. motion for relief denied.
522.Va.13. Kilby v. Warren Co. School Bd. (WD Va., #530) (6 RRLR 121) Aug. 1958: Va. Pupil Placement Bd. rejected applications of Negro students to attend white schools. Sept. 1958: DC issued injunction requiring admission. CA refused to stay injunction, Va. Gov. ordered school closed. Move started in Co. to operate private schools with publicy-paid teachers, but, on motion, DC enjoined payment of teachers with public funds. Schools reopened with Negro-Pls. admitted. 1960: other Negro students moved to intervene; DC ordered Bd. to submit desegregation plan. Jy. 1960: DC approved plan to establish geographic high school districts, permitting pupil assigned to school occupied predominantly by pupils of opposite race to attend school nearest his residence occupied predominantly by pupils of his own race. Sept. 1961: 12 Negro students moved DC to order termination of all racial school assignments by Def. Aug. 31, 1964: DC denied Def's. motion to dismiss Pl's. motion for further relief. Motion for further relief under advisement, pending CA 4 decision.
522.Va.14a. Bradley v. School Bd. (Richmond) (ED Va., #3353) (7 RRLR 713, 317 F.2d 429, 9 RRLR 221) Sept. 5, 1961: class action filed by Negro Pls. seeking desegregation of public schools. July 25, 1962: Def. ordered to admit 9 Pls. to previously all-white high school; prayer for injunction against further discrimination denied. Mar. 1963: Def.-Bd. abolished dual attendance zones and "feeder schools" for white and Negro children. May 1963: CA ordered DC to require Def. to submit desegregation plan, held Def. had not made a reasonable start toward desegregation, found Def. had power over pupil placement and can not escape duty to desegregate by delegating to State Pupil Placement Bd. Mar. 1964: DC approved free transfer plan. Pls.' appeal pending.
522.Va.20a. Blakeney v. Fairfax Co. School Bd. (ED Va., Alexandria Div., Civ. #3067) (226 F.Supp. 713, 9 RRLR 217, 334 F.2d 239, 231 F.Supp. 1006) June 14, 1963: Pls.-Negro children petitioned DC to intervene in Blackwell, 522.Va.20, alleging continued discrimination, requesting desegregation of teaching and admr. staffs. By stipulation, DC treated petition as complaint, tried case as original proceeding filed by Pls. against Defs. Mar. 2, 1964: DC found Defs.' pupil assignment regulations discriminatory on their face,
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but nondiscriminatorily applied, found no evidence of racial discrimination in assignment of teaching staffs.
522.Va.21. Green v. School Bd. (Roanoke) (CA 4, #14421) (304 F.2d 118, 7 RRLR 725, 8 RRLR 1046) Class suit filed for desegregation of schools. Jy. 1961: after trial, DC ordered pupil placement bd. to reconsider applications of 15 Negro pupils whose transfers had been denied. Def. admitted 5. Oct. 1961: DC denied Pls.' prayers for relief. June 1962: CA 4 reversed, held Va. pupil assignment system as applied discriminatory and unconstitutional, Pls. entitled to relief sought, and to injunction on behalf of others similarly situated, held if on remand Def. submits plan to end discriminatory practices, then, rather than Pls. being entitled to immediate admission to non-segregated schools, their admission may be in accordance with such plan, which plan must "provide for immediate steps looking to the termination of the discriminatory practices 'with all deliberate speed' in accordance with a specified time table." Bd. submitted amended plan providing complete desegregation by 1968. June 3, 1963: DC approved. 5-year desegregation plan, except "escape clause" for minority transfer. On Pls. motion for new trial, DC ordered Bd. to submit plans for teacher desegregation and stepped up student desegregation. Apr. 1964: Plan filed.

NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

522.Va.24. Jackson v. School Bd. (Lynchburg) (WD Va., Lynchburg Div., #534) (203 F.Supp. 701, 308 F.2d 918, 321 F.2d 230) In class desegregation suit, DC found assignment procedures of Def. and state pupil placement bd. discriminatory, directed Def. to submit general desegregation plan, ordered 2 of 4 Negro Pls. reassigned to white schools. Sept. 1962: CA 4 held that, since DC found all 4 Negro pupils would have been assigned to white schools if they had been white, the 2 Pls. with low aptitude score should also be admitted to white school. Oct. 1962: on remand DC ordered Pls. admitted. Jy. 1, 1963: CA rejected "minority transfer" provisions, reversed DC order for grade-a-year desegregation, held racial minority transfer plan invalid. On remand, DC ordered Def. to submit new plan, including teacher desegregation. DC approved revised plan: grades 1-6 to be desegregated 1964, grades 1-9 in 1965, all grades in 1966. Nov. 1964: Hearing on teacher issue. Pending.

NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

522.Va.26. McLeod v. Chesterfield Co. School Bd. and Va. Pupil Placement Bd. (near Richmond) (ED Va., #3431) Feb. 28, 1962: Pls.-parents of 15 Negro pupils sued to require admission of their children to all-white Ettrick grade school. Oct. 31, 1962: Trial.
522.Va.27. Williams v. Winchester School Bd. (WD Va., Harrisonburg Div., #629) Mar. 1962: desegregation suit filed. June 1962: DC found Def. failed and refused to end segregation, ordered 2 Negro-Pls. admitted to all-white high school, ordered Def. to submit desegregation plan. April 23, 1963: DC ordered case stricken from docket; may be reinstated without fee under certain conditions.

Otto L. Tucker, Esq., 901 Princess St., Alexandria; S. W. Tucker and Henry L. Marsh, III, Esqs., 214 E. Clay St., Richmond.

522.Va.28. Scott v. Fredericksburg School Bd. (ED Va., #3438) Mar. 7, 1962: 2 Negro Pls. sued to gain admission to all-white James Monroe high school. Jan. 28, 1963: DC ordered Defs to admit individual Pls. and prepare desegregation plan. April 2, 1963: Def.-Bd. filed plan. Apr. 12: Pls. filed objections. Pending.
522.Va.29. Brown v. Co. School Bd. (Frederick Co.) (WD Va., Civ. #642; CA 4, #9193) (327 F.2d 655, 9 RRLR 224) July 22, 1963: DC noted state Pupil Placement Bd. assigned all Pls. to schools they desired to attend, ordered case stricken from docket subject to be reopened by Pls. or any intervenor. Jan. 1964: CA 4, per curiam, reversed: record shows Defs. maintain segregated schools; case should remain on docket until DC considers injunctive relief for class Pls. represent and counsel fees asked by Pls. Mar. 11: DC ordered case restored to docket, taxed certain of Pls.' filing and brief printing fees to Defs. Pending.

S. W. Tucker, Esq., 214 E. Clay St., Richmond.

522.Va.30. Gilliam v. Hopewell School Bd. (ED Va., Richmond Div., Civ. #3554; CA 4) (332 F.2d 460) 1962: Pls. filed school desegregation suit. Jy. 1963: DC ordered admission of 9 Negro-Pls. to two white schools. Sept. 1963: When Pls. reported to schools, turned away, told they had been reassigned to their former schools by Va. Pupil Placement Bd. Sept. 13: DC ordered Pls. admitted to schools to which they had applied, ordered Def. to submit desegregation plan within 90 days. Sept. 17: Bryan, J., of CA 4, denied stay of injunction pending appeal. Def.-School Bd. filed desegregation plan. Pending.
522.Va.31. Buckner v. School Bd. (Greene Co.) (CA 4) (332 F.2d 452) May, 1963: Pls. filed class action seeking admission to Co's. only high school, injunction prohibiting operation of bi-racial school system. Bd. granted applications of 3 Pls., denied others on technical grounds. Nov. 1963: DC dismissed as moot. CA reversed and remanded, held mootness as to individual Pls. not ground for refusing to enjoin Bd. from operation of bi-racial school system since to require Bd. to act only in response to applications for admission of individuals would be to shift to individual pupils burden of ending segregation in schools, which, under Brown, properly rests on Bd.; remanded Pl's. request for injunction and counsel fees.
522.Va.34. Belton v. Co. School Bd. (King George Co.) (ED Va., Richmond Div., Civ. #3579) (8 RRLR 1443) 1963: Pls.-Negro children sued Def.-Bd., Co. Sup't. of Schools and Va. Pupil Placement Bd., asking Defs. be enjoined to end segregation or submit desegregation plan. Sept. 1963: DC found white students given free choice of schools, Negroes had to fulfill onerous administration criteria prescribed by Va. Pupil Placement Bd. to attend white schools, held this a denial of equal protection, held failure of Pls. to go through these procedures excusable failure to exhaust administrative remedies, enjoined Defs. from discrimination in pupil assignment, ordered Defs. to file desegregation plan.
522.Va.35. U.S. v. Prince George Co. Bd. of Educ. (ED Va., #3536) (221 F.S. 93) Sept. 17, 1962: U.S. filed suit to compel reopening of schools closed since Sept. 1960 based on contract for assistance to fed'l. employees in impacted areas. 1963: DC denied Def.'s motions to dismiss and for summary judgment, held provision in fed'l. impacted areas assistance contract required Defs. to provide integrated schools for children of fed'l. personnel, dismissed state as Def. Pending.

But see 522.Ala.8, 522.La.14.

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522.Va.35a. Hill v. Prince George Co. School Bd. (ED Va., #3822) (9 RRLR 1326) Oct. 31, 1963: Pl. Negro children denied assignment to predominantly white schools on grounds of overcrowding, brought class action. Bd. admitted individual Pls. Ct. found overcrowding of white schools resulted from admission of white children living in areas served by Negro schools; enjoined Bd. from discrimination in admission of students to schools; denied injunction prohibiting Bd's. operation of bi-racial school system, or alternatively requiring submission of plan for reorganization of schools on unitary nonracial basis.
522.WVa.3. Taylor v. Raleigh Co. Bd. of Educ. (SD W.Va., Beckley #159) 1955: desegregation suit filed; Dec. 1955: DC ordered integration by Feb. 1956. Nov. 1961: DC granted Pl's. motion to reopen case on allegations that Bd. failed to desegregate, gerrymandered school zones. Jan. 1964: Submitted to DC.

Willard Brown, Esq., Charleston, W. Va.

Case note: 41 U. Tex. 128-32.

523. Suits To Prevent Integration (see also 204, 213, 223)

523.Calif.1. Acacia Fraternity, Pi Beta Phi Fraternity v. Univ. of California Regents. (Los Angeles Co. Super. Ct., Inglewood Div., SWC 5042) Aug. 11, 1964: Pls.-fraternity chapters on Univ. campuses sued to enjoin Def. from enforcing policy of non-discrimination in campus living accommodations. Super. Ct. issued, then dissolved temporary restraining order. Pending.

Thomas Lynch, Esq., Calif. Atty. General.

523.NJ.2. Fuller v. Volk. (Englewood) (D N.J., Civ. #847-63) (377 U.S. 902, 230 F.Supp. 25) 1963: Intervening Defs. petitioned N.J. Commr. of Educ. charging Def.-Englewood Bd. with maintenance of racially segregated schools. Commr. found schools segregated due to housing pattern, ordered Bd. to reduce concentration of Negroes at one elementary school and submit desegregation plan, found such segregation interfered with learning, was deprivation of educational opportunity. Aug. 1963: Commr. approved Bd. plan assigning all sixth grade pupils in city to former all-Negro school, distribution of Negro school pupils grades 1-5 among 4 remaining elementary schools. State Bd. of Educ. affirmed. Oct.: Pls.-white parents sued Bds. of Educ. and School Estimate claiming racial discrimination, seeking to enjoin expenditure of tax funds. Oct.: DC denied Commr.'s motion to dismiss for want of subject matter jurisdiction. Dec.: CA denied writ of prohibition. Apr. 1964: U.S.S.C. denied writ of prohibition. June 1964: DC found no genuine issue of fact as to educational soundness of plan, found uncontroverted Supt. of Schools' view that Negro children in all-Negro school performed less well due to inherent deprivation of educational opportunity in such a situation, distinguished Bell, 522.Ind.1, on ground it held only that Bd. of Educ. need not ameliorate fortuitous segregation, cited Balaban, 523.NY.1, Jackson, 522.Calif.1, Morrean, 523.NJ.1, held Pls. deprived of no right by Bd.'s action, held even tho Defs. had not moved for summary judgment, DC could enter it for them.

Morton Stavis, Esq., 744 Broad St., Newark; William Kunstler, Esq., 511 Fifth Ave., NYC, Herbert H. Tate, Esq., Barbara Morris, Esq., for intervening Defs.

523.NY.1. Balaban v. Rubin. (Brooklyn) (U.S.S.C.) (250 NYS.2d 281) Aug. 1963: Def.-N.Y. Bd. of Educ. drew school lines to include equal numbers of Negro, Puerto Rican, and white children at new school. Aug.: Pl.-white parents sued. Sup. Ct. held assignment of pupils on basis of race to achieve integrated schools unconstitutional and contrary to NY law. Mar. 1964: App. Div. reversed, held: "in drawing attendance lines for a school, it is not only within the power of the Bd. to take into consideration the ethnic composition of the children therein, but that under the decisions of the Supreme Court of the United States it is the Bd's. responsibility so to do in order to prevent the creation of a segregated public school." Ct. found Bd. drew zone lines so that white-Pls. and other pupils would all attend nearest Jr. High; Educ. Law §3201 passed (1900) to prevent school segregation; no "quota" system established here. Ct. said Brown "does not mean . . . that white children who live in non-contiguous or outlying areas must be 'bussed' into a Negro area in order to desegregate a Negro school." Oct. 14, 1964: U.S.S.C. denied cert.

Leo A. Larkin, NYC Corp. Counsel; Seymour B. Quel and Benjamin Offner, Esqs., Municipal Bldg., NYC.

Amicus brief by NAACP by Robert L. Carter, Barbara A. Morris, Jawn A. Sandifer, Esqs., 20 W. 40th St., NYC.

Amicus appearance by NYCLU by Nanette Dembitz, Esq., 156 Fifth Ave., NYC.

Case note: 39 N.Y.U. 539-49.

523.NY.2. Vetere v. Mitchell, Allen. (Albany) (Sup. Ct., App. Div.) (245 NYS.2d 682, 251 NYS.2d 480) Sept. 1963: Pl.-white parents sued to enjoin Defs. from sending children to different schools to avoid racial imbalance. Dec. 1963: Ct. denied Def's. motion to dismiss, annulled Def's. determination to redraw zone lines to eliminate de facto racial imbalance. July 21, 1964: App. Div. reversed, upheld integration plan.
523.NY.4. Addabbo v. Donovan. (NYC) (Queens, Spec. Term, Part I) (43 Misc.2d 621) July 13, 1964: Petition by white parents to review Bd. of Ed. "pairing plan"—school 87.8% white and school 98.8% Negro would be paired under joint or community zone; result: one 74.8% white, the other 52.3% white. Sup. Ct. upheld plan, citing Balaban, 523.NY.1, Strippoli, 523.NY.3. Pls. appeal to App. Div., 2d Jud. Dept. pending.

Bernard Kessler, Esq., 277 Broadway, NYC.

523.NY.5. Blumberg v. Donovan. (NYC) (Sup. Ct., Queens, Spec. Term., #5065) July 8, 1964: Pls.-white parents sued to enjoin pupil assignment under "pairing" plan, described in 523.NY.4. Sup. Ct. held: assignment of students who could go to school 9/10 mile from home to school involving 4 miles walk per day arbitrary and unreasonable. No appeal.

Julius Feigenbaum, Esq., 53-46 195th St., Flushing.

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523.NY.6. Reuss v. Katz. (NYC) (Sup. Ct.) Pl. petitioned City Clerk to place issue of school bussing and school pairing on ballot for referendum. Clerk refused. Aug. 31, 1964: Sup. Ct. held: administration of public education is a state function; Bd. of Ed. has express statutory power to determine the school each pupil shall attend, citing Vetere, 523.NY.2.
523.NY.7. DiSano v. Storandt. (Rochester) (Monroe Co. Sup. Ct.) (250 NYS.2d 701) Pls. sued to enjoin operation of Open Enrollment Plan and other steps to destroy concept of neighborhood schools. Je. 12, 1964: Sup. Ct. granted injunction, held: plan discriminates by preventing Negroes from attending neighborhood schools because of color; there is a constitutional right to attend schools in neighborhood and not be forced to join different ethnic group miles away; enjoined Def. from transporting to achieve racial balance.

See 522.NY.9.

524. Miscellaneous Suits to End Segregation (see also 555)
525. Miscellaneous
Memo: (9 RRLR 1011) Mar. 25, 1964: Asst. Secretary of Defense: financial aid to military personnel attending off-base facilities prohibited if such facilities discriminate on basis of race or color.

Resolution—Regents of Univ. of Texas: Discrimination on account of race, creed, color in admission, hiring, promotion of teachers and non-teaching personnel, student and faculty activities, and housing prohibited.

530. Housing — Racial Discrimination
Law review article: David Haber, Notes on the limits of Shelley v. Kraemer. 13 Rutgers 811-26.

Comment: California legislation: The Rumford fair housing act reviewed. 37 S. Calif. 427-51.

531. In Public and Publicly-Assisted Housing — Urban Renewal (Title I)

531.11. Smith v. Holiday Inns of America. (Nashville) (CA 6, #3409) (220 F.S. 1) Feb. 11, 1963: Suit brought to desegregate Def.-motel. Pls. allege motel built as result of urban renewal project, and public funds used in construction. Jy. 1963: DC ruled for Pl., granted injunction desegregating motel. Sept. 22, 1964: CA 6 affirmed.

Avon Williams, Jr., Esq., 327 Charlotte Ave., Nashville.

Case note: 15 W. Reserve 577-9.

531.13. Re House & Home, Ltd. (Veterans Admn.) July, 1963: Comp.-Johnson alleged builder refused to sell home on grounds of race. VA notified developer it would no longer assess builder's properties, making VA mortgages unavailable; F.H.A. commitments also withheld. Builder's appeal to VA pending.
531.14. Gregory v. Madison Mobile Homes Park, Inc. (Wisconsin Sup. Ct.) (128 NW.2d 462, 9 RRLR 918) June 2, 1964: Pl.-Negro claimed refused space in trailer park on account of race in violation of state public accommodations law. Trial ct. granted demurrer. Wis. Sup. Ct. reversed: determination whether trailer park is place of public accommodation too vital for demurrer where inadequate information; complaint sufficient to state cause of action.
532. In Publicly Assisted Housing — FHA and VA

532.24. Hudson v. Branden Enterprises, Tropicana Village. (Calif.) (Santa Clara Co. Super. Ct.) Mar. 22, 1960: Pl.-Negro couple sought injunction again Def.-developers selling any houses in 10,000-house tract until Pls. allowed to buy one, and $15,000. damages each. Pending.
532.26. Gregory v. Zehman. (Cleveland) (Com. Pleas Ct., #742-019) Aug. 1960: Pl.-Negro sued Def.-builder, alleging refusal to sell to Pl. solely on basis of race. Issue: may builder operating under FHA or VA systems discriminate under Fifth and Fourteenth Amendments, 12 USC §§1701-1750JJ, 38 USC §§1801-1824, 42 USC §1982, Ohio Const. Art. I, §1, 16 and public policy of Ohio. Pending.

Milus J. Graham, Esq., 920 E. 105; James B. Taylor and Clarence H. Holmes, Esqs., Prospect-4th Bldg., all of Cleveland.

532.29. Scott v. Houston. (Berkeley) (Alameda Co. Super. Ct.) Feb. 1963: Pl.-Negro student (U. of Calif.) denied rental of apartment because of race. Filed suit under Calif. Health & Safety Code, §35700. Super. Ct. granted injunction ordering Def.-manager not to rent apartment to anyone but Pl. pending hearing. Pending.

Malcolm Burnstein, Esq., 1440 Broadway, Oakland, Calif.

533. In Private Housing

533.22. Divine v. Koch. (Calif.) (Sacramento Super. Ct.) Pl.-Negro seeking injunction and damages from Def.-apartment house owner on charges of racial discrimination. Issue; application of Calif. Public Accommodations Law, Civil Code, §51, to real estate brokers and salesmen under Calif. Atty. Genl's. opinion #59/294. Pending.

Nathaniel S. Colley and Milton L. McGhee, Esqs., 1617 10th St., Sacramento.

533.32. Smith v. Curt Craft. (Portland) (Multnomah Co. Cir. Ct., #265957, #266890) Complaint filed with Civil Rights Div., Ore. Bur. of Labor charging Def.-construction corp. with discrimination against Negro applicants for housing. Commr. of Labor, at administrative hearing, held against Defs.; their appeal pending.

Robert Y. Thornton, Atty. Genl. of Ore.; Thomas N. Trotta, Asst. Atty. Genl., 1216 S.W. Hall St., Portland.

533.37. Droeger v. DeVries, Select Realty and Rentals. (San Francisco Super. Ct., #508828) Mar. 1961: Nisei-Pl. filed $10,250. damage suit under Civil Code §51 against Def.-real estate firm for refusal to give Pl. list of rental properties because of her Japanese ancestry. Pending.

William J. Losh, Jr., Esq., 857 Montgomery St., San Francisco.

533.39. Johnson v. Coldwell, Banker and Co. (Sacramento) (Sacramento Co. Super Ct., #132566) P.-Negro paid deposit to Def. to lease bldg. to operate restaurant, signed deposit agreement embodying terms and conditions of proposed lease (which was never executed). In reliance thereon, Pl. incurred expense in preparation of moving, purchased equipment; Def. remodeled bldg. to meet Pl's. specification. When surrounding property owners objected, Def. reneged. Sept. 1961: Pl. sued under Unruh Civil Rights for $12,500. for expenses, loss of profits, fair value of premises and punitive damages. Trial date: May 16, 1963.

Nathaniel S. Colley, Esq., and Milton L. McGhee, Esq., 1617 - 10th St., Sacramento.

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533.49. Ruiz v. Bertolotti. (NY App. Div., 2d Dept., #277 HE) (236 NYS.2d 854) One Farber built 6 houses, accepted $1,000. down payment from Pl.-Puerto Rican family. Def.-neighbors allegedly threatened to assault Farber and ruin him financially if he did not cancel sale to Pl. Farber returned $1,000. to Pl. Pl. sues for $21,000. damages charging intentional infliction of emotional distress. Def. also threatened to assault Pl. and his children. Pl. seeks punitive damages. Nov. 1962: Defs. motion to dismiss denied. Dec. 1963: App. Div. affirmed Sup. Ct.'s denial of Def.'s motion to dismiss. Trial to be held.

Michael O. Finkelstein, Esq., 425 Park Ave., NYC.

533.55. Curtis and Washington State Board Against Discrimination v. Interlake Realty. (King Co. Ct., #H-708) (Wash. Sup. Ct., #36696) Sept. 1962: Pl. filed suit under Wash. Code §4960.215 alleging discrimination by realtor. April 1962: Super. Ct. ruled real estate office is place of public accommodation, held state law bars discrimination there. Sept. 19, 1963: Sup. Ct. dismissed Def.'s appeal on procedural grounds, returned jurisdiction to trial ct.

Amicus appearance by Gene Godderis, Esq., Asst. Atty. Genl., State of Washington.

533.56. Thomas v. Alexander, Goolis, Paxinos. (San Francisco Muni. Ct., ##477389, 477388) Aug. 1962: 2 suits filed by Negro-Pl. alleging Def.-landlords refused to rent apartments to her solely because of race, in violation of Unruh Act. Jan. 1964: After trial, jury (11-1) awarded Pl. $1,250 damages. Feb. 1964: Defs.' motion for new trial granted. Pending.

Arnold M. Greenberg, Esq., 22 Battery, San Francisco.

533.60. Illinois Terra Realty and Building, Inc. v. Flanagan, Bldg. Comm'r. (Harvey, Ill.) (ND Ill., ED., #63-C-1329) Pl. seeks damages under 42 U.S.C. §1983 for Def's. refusal to issue bldg. permit; alleges permits denied because Pl. would sell to Negroes. Pending.

Chauncey Eskridge, Esq., 123 W. Madison St., Chicago.

533.63. California v. Don Wilson Builders, Don Wilson Builders v. Super. Ct. and California. (2d App. Dist. Ct. of App., #27491) (33 Cal Rptr. 631) 1961-1963: Def.-Corp. allegedly refused to sell or offer for sale houses in San Dominguez Hills Tract to Negroes on at least 6 specific occasions, and after requests by State to cease refusing. Mar. 11, 1963: Pl. sued for injunctive relief under Civil Code §51, alleging "Defs.' discriminatory practice . . . is injurious to the health, safety and welfare of the People . . ., in that it creates and perpetuates segregated and inadequate housing for Negroes; creates and perpetuates de facto segregation in public schools, churches, hospitals, places of public accommodation, recreational facilities, and welfare and civic activities; deprives substantial numbers of persons within this state of rights guaranteed to them by the Constitution and laws of the State . . .; and contributes to disease, crime, and immorality." Apr. 8: Super. Ct. issued temporary restraining order against continued discriminatory practices. Def. filed petition for writ of prohibition in D.C.A. Issue: Does State have standing to sue for injunction here? Sept. 11, 1963: D.C.A. (2-1) held State had standing to sue, denied Pet's. petition for writ of prohibition against State. Calif. Sup. Ct. denied Pet's. petition for hearing. Nov. 13: Super. Ct. issued preliminary injunction prohibiting discrimination in tract.

Charles B. McKesson and Robert E. Burke, Deputy Attys. Genl., Los Angeles.

And see 15.7 and 58.8, 533.63a.

Case note: 14 Stanford 1088-95.

533.63a. FEPC v. Don Wilson Builders. (Los Angeles Super. Ct., #829678) Dec. 5, 1963: FEPC filed suit for temporary injunction to preserve status quo pending Comm. determination of complaint of housing discrimination under Rumford Act (Calif. Health & Safety C. §§35700-35744), based on determination of investigating commr. that there is probable cause to believe allegations of complaint are true. Pending.

Robert E. Burke and Charles B. McKesson, Esqs., Deputy Attys. Genl. of Calif.

And see 15.7.

533.65. Wagner v. O'Bannon. (Pomona, Calif.) (Los Angeles Co. Super. Ct., #East C-2148) Sept. 1963: Pls. sued realtor, realty board, homeowner, neighbors for injunction against sale to another; specific performance of land contract; damages for conspiracy to discriminate, violation of fair housing law, fraud, mental distress. Sept. 4, 1964: Pl's. pretrial motion granted; hearing continued to Jan. 22, 1965.

Daniel N. Fox, Esq., Box 2692, Pomona, Calif.

533.66. Bell v. Eyring Investment Co. (Berkeley-Albany Muni. Ct., #15010) Nov. 27, 1962: Negro-Pls. sued Def. realty co. and individual realtors for damages for violation of Cal. Civ. Code §§51-52. Trial date: Mar. 18, 1964. Case settled.

Malcolm Burnstein, Esq., 1440 Broadway, Oakland.

533.70. N.J. Home Builders Assn., N.J. Assn. of Real Estate Bds., and Montoro v. Div. on Civil Rights. (Super. Ct., App. Div.) (195 A.2d 318) Nov. 13, 1963: Ct. held: state law covering private housing constitutional. Pls. appealed decision upholding statutory definition of real property in N.J.S.A. 18:25-5m, n (Fair Housing Act). Pending.

Howard Kestin, Esq., Deputy Atty. Genl., State House Annex, Trenton 08625.

533.71. David v. Vesta Co. (Bergen Co. Super. Ct., App. Div., #A-391-63) (196 A.2d 286, 8 RRLR 1592) Dec. 10, 1963: Trial judge ruled state law covering private housing unconstitutional: makes unreasonable distinction between housing covered and not covered. Appeal on constitutionality of N.J.S.A. §18:25-5n pending.

Howard H. Kestin, Deputy Atty. Genl. of New Jersey; Checki and Politan, Esqs., 201 Stuyvesant Ave., Lyndhurst, N.J. for Comp.

Aaron Dines, Esq., 24 Washington St., Morristown, N.J., for Intervenor, Amicus briefs by Morton Stavis, Esq., 744 Broad St. and Herbert H. Tate, Esq., 126 Court St., both of Newark.

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533.72. Terry v. City of Toledo. (Ct. of App., Lucas Co., #5770) (194 NE.2d 877, 9 RRLR 316) Trial ct. held fair housing ordinance constitutional, dissolved temporary restraining order granted in taxpayer's action, denied petition for permanent injunction. Dec. 1963: Ct. of App. reversed, held ordinance unconstitutional: (1) unenforceable because too loosely drawn in regard to powers vested in administering agencies, Bd. of Community Relations and Fair Housing Bd.; (2) [dicta] violates rights of private property and freedom of contract. Motion to certify to Sup. Ct. pending.

Orin C. Clement, Esq., 4506 W. Central Ave., Toledo.

533.73. Diaman and Howard v. Shannon. (San Francisco Muni. Ct.) Pl.-white tenant rented apt. from Def.-manager. Pls. allege when Pl.-Negro roommate also moved in, Def. ordered them to move out, beat them with his fists. Pls. sued for $2,000 punitive damages. Nov. 21, 1963: Muni. Ct. denied Def's. motion to strike petition for damages above Civ. C. $250. Limit. Trial date to be set.

Ephraim Margolin, Esq., 683 McAllister, San Francisco.

533.75. In the Matter of Accusation of Ciufo, Parker, Marlin, (Calif. FEPC, L.A. No. 3.) Complainants alleged Def.-owner and Def.-rental agent refused to rent to Comps. solely on the basis of race. Jan. 23, 1964: FEPC held first public hearing under Fair Housing Act, at which Def.-agent testified he advised Def.-owner against renting to Pls. because it would be "committing financial suicide." Apr. 6: FEPC found against Resps., ordered compliance with Act and to offer apt. to Comp.
533.76. Porter v. City of Oberlin. (Ohio Sup. Ct., #38,734.) Taxpayer's suit testing constitutionality of open housing ordinance #235 AC-CMS. Com. Pleas Ct. held ordinance unconstitutional as infringing property rights, not within home rule powers of municipality. Jan. 22, 1964: Ct. of App. reversed, held ordinance constitutional; it bears reasonable relation to public health, comfort, and welfare, and is thus within municipal police power. Appeal pending.

G. L. Severs, Esq., Lorain Co. Bank Bldg., Elyria, Ohio.

Amicus brief by Oberlin Citizens Comm. for Fair Housing and Ohio Civil Rights Union by Jack G. Day, Esq., 1748 Standard Bldg., Cleveland.

533.77a. City of NY Commn. on Human Rights v. 1001 Tenants Corp. (NYC Sup. Ct., #40637-63) Temple pres. alleged Def.-co-op apt. denied his application for $30,000 apt. solely because he is Jewish, sued for $70,000. compensatory damages for expenses in buying another apt., $250,000. punitive damages. May 1964: App. Div. ordered complaint dismissed: NYC Admin. Code §§D1-1.0-D1-4.0 provide exclusive remedy for racial or religious discrimination in housing: that NYC Commn. on Human Rights is sole proper party-Pl.; only relief available is equitable; statute's purpose is not compensatory. 1963: Commn. sued Def., asking end to discrimination. Jan. 22, 1964: Sup. Ct. denied Defs. motion to dismiss.
533.82. Washington v. Manwed. (San Francisco Muni. Ct., #514226) Apr. 1964: Pls.-Negro man and wife, applied to Def.-apt. house mgr. for apt.; Def. refused. May 7: Pls. sued for actual damages, statutory penalty (Cal. Civ. C. §§51, 52) of $250.00 and punitive damages, alleging denial solely on ground of race, joining Def.-mgr. and four John Does—owners and other managers and rental agents. Pending.

Ephraim Margolin, Esq., 683 McAllister, San Francisco.

533.83. City of Ann Arbor v. Hubble. (Ann Arbor Muni. Ct.) Jan. 1, 1963: Michigan adopted new constitution, setting up state Human Relations Commission. Atty. Genl. issued opinions that constitutional provision pre-empted field, all housing and human relations ordinances of cities and counties unconstitutional. Ann Arbor City Atty. advised city counsel state constitution did not pre-empt the field. Def.-apt. company agent allegedly violated local ordinance by refusing to rent to Negro. Criminal summons issued. May 27, 1964: Muni. Ct. held ordinance unconstitutional under Mich. and U.S. Constitutions: (1) by prescribing that Human Relations Commission is to investigate and conciliate, and if that fails, refer cases to City Atty. for prosecution, ordinance contravenes original jurisdiction of Muni. Ct. of all misdemeanors; (2) Comm. conciliation procedure does not give Fifth Amendment guarantee against self-incrimination; (3) pre-emption issue not reached.
534. Omnibus Suits to End Housing Segregation

534.1. Cotillion Club, Inc. v. Detroit Real Estate Bd. (ED Mich., S. Div., #22058.) Suit by Pl.-organizations of Negro real estate agents, brokers and salesmen and individual Negro-realtors against three Def.-assns. of white realtors under fedl. anti-trust laws, 15 U.S.C. §§15, 26 and Civil Rights Acts. Pls. allege: (1) Defs. engage in interstate commerce in sale, transfer and financing of real estate in Detroit metropolitan area; (2) Defs. create and carry out restrictions to limit and control quality of real estate available to Negroes and for handling by Negro realtors; (3) Defs. fix prices and conspire to prevent competition between Negro and white purchasers and realtors thru "gentlemen's agreement," Code of Ethics; (4) Defs. misuse copyright and trademark rights in term "realtor". Pls. seek declaratory judgment and injunctive relief. Jan. 24, 1964: DC upheld Defs.' motion to dismiss, held no showing of interstate commerce to support complaint under Anti-Trust Act, no showing of state action to support Civil Rights Act complaint. Motions under FR Civ. Proc. 52, 59 pending.

Richard Goodman, Esq., 3220 Cadillac Tower, and John Conyers, Esq., 7310 Grand River Ave., both of Detroit.

And see Ming, III DOCKET 86, #532.2.

535. Miscellaneous Housing Suits

535.3a. Greater Detroit Homeowners Council v. Mich. Civil Rights Comm. (Mich. Sup. Ct.) See Turner, 535.3, IX DOCKET 118; Council v. Moynihan, 9 RRLR 893. Sept. 1, 1964: Pl's. anti-fair housing ordinance won in special election
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(2-1). Sept. 8: Complaint filed by authors and supporters of ordinance for injunction, prohibition, and superintending control to prevent Def.-Comm. from nullifying ordinance or issuing an "open occupancy" rule. Sup. Ct. refused petition without comment.
535.4. Crowell v. Isaacs. (Oakland, Calif.) (Dist. Ct. of App., 1st Dist., 1 Civ. #21646) Mar. 10, 1963: Pl.-white union leader listed suburban house with Def.-realtor for sale or lease. Pls. told Def. to seek buyers or tenants of all races. May 9: Pl. inserted ad for house in paper, including words "all races welcome." May 10: Def. cancelled ad, without consulting Pl. Pl. sued, asking damages for violation of Civil Rights Act, Cal. Civ. C. §§51, 52, breach of listing contract, libel to Pl.'s reputation, and for declaratory judgment. Super. Ct. sustained Def.'s demurrer to all counts. Issues on appeal: (1) Is Pl. real party in interest; (2) Whether §§51, 52, providing actual and punitive damages, is exclusive money remedy.

Milton Nason, Esq., 1220 Latham Sq. Bldg., Oakland; Samuel Tennenbaum, Esq., Russ Bldg., San Francisco.

540. Transportation — Racial Discrimination
541. In Interstate Facilities

541.Ala.1. Baldwin v. Morgan. (Birmingham) (ND Ala.) (251 F. 2d 780) Pl.-Negro couple arrested while sitting in waitingroom of railroad station marked "inter-state and white passengers"; released without charge. DC dismissed Pls.' action for declaratory judgment under Civil Rights Act. CA 5 held complaint sufficient since Defs. acting under color of state law; remanded. DC held against Pls. CA 5 reversed and remanded. Pending.

Oscar W. Adams, Jr., Esq., 1630 - 4th Ave., Birmingham, Ala.

541.Ala.9. Abernathy v. Alabama. (Montgomery) (U.S.S.C., #9) (155 So.2d 586, 375 U.S. 963) May 1961: 11 (Yale) Freedom Riders arrested in Trailways Bus Terminal, charged with breach of peace. Sept. 15, 1961: Defs. convicted after postponed trial; 30 days and $100. Defs. admitted to bail pending appeal. Oct. 1962: Ala. Ct. of App. affirmed. July 1963: Ala. Sup. Ct. denied cert. Jan. 1964: U.S.S.C. granted certiorari.

NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

541.Ala.12. U.S. v. City of Montgomery, Bd. of Commrs., Ranch Enterprises, Inc. (CA 5) (201 F.Supp. 590, 7 RRLR 195) Jy. 1961: Justice Dept. sued for injunction requiring Defs. to cease racial segregation at Montgomery Dannelly Field Airport, alleging segregation is unconstitutional, violates 1958 Fedl. Aviation Act; Civil Aeronautics Bd. and Fedl. Aviation Agency requested suit be filed after many complaints received. Jan. 1962: DC ordered Defs. to desegregate facilities at Montgomery Municipal Airport, and remove racial signs on restrooms, lounges, restaurant. DC denied stay pending appeal. CA 5 Judge Rives denied stay pending appeal.
541.Fla.2. Dresner v. Tallahassee. (CA 5, #21802) (164 So.2d 208, 372 U.S. 963) Je. 16, 1961: 10 Defs. flew into city, attempted to use white facilities at airport; arrested: refusal to disperse after order. Je. 21: convicted in Muni. Ct.: $500. Apr. 1963: U.S.S.C. granted cert. Dec. 1963: U.S.S.C. certified exhaustion of remedies questions to Fla. Sup. Ct. Fla. Sup. Ct. held Defs. could have obtained state review of properly preserved constitutional questions. Je. 19, 1964: U.S.S.C. dism'd. cert. as improvidently granted; petition for cert. should have been filed to Dist. Ct. of App. Aug. 3, 1964: Defs. began to serve sentences; DC denied petition for habeas corpus writ. Aug. 5: CA 5 heard appeal on habeas, denied ability to grant bail under Local Rule 33. Muni. Ct. remitted remainder of sentences.

Howard W. Dixon, Esq., Seybold Bldg.; Alfred Hopkins, Esq., 1701 Meridian Ave., both of Miami.

541.Fla.3. Smith, Callender and O'Connor v. Florida. (U.S.S.C., #58) (Ocala) Je. 16, 1961: 2 Negroes, 1 white attempted to use white facilities at transportation terminal; arrested: unlawful assembly. Defs. convicted in Muni. Ct.: $250. or 90 days; 30 days and $500. or additional 6 mths. Cir. Ct. affirmed. Petition for cert. pending; issues: (1) are convictions so devoid of evidentiary support as to amount to denial of due process; (2) is Fla. unlawful assembly statute void for vagueness; (3) did arrests violate ICC prohibition against discrimination in interstate commerce.

Floyd B. McKissick, Esq., 213½ W. Main, Durham, N.C.; Carl Rachlin, Esq., CORE, 38 Park Row, NYC.

541.Fla.4. Lamb v. Hillsborough County Aviation Auth. (SD Fla., #4020) Suit to enjoin racial discrimination at Tampa Intl. Airport. June 4, 1962: trial.

NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

541.Ill.1. Wright v. C. B. & Q. Railroad, Vanderbilt Better Tours. (ND Ill., # 62 C 1282) 1963: Pls.-Negroes purchased tickets for escorted tour to California. When Pls. prepared to depart, they were sent alone on separate, unescorted tour. Pls. filed suit for damages. Oct. 13, 1963: DC gave judgment for Pls.: $2000 plus $1500 attorney fees. Nov. 13, 1963: Defs.' appeal dismissed.

McCoy, Ming and Leighton, Esqs., 123 W. Madison St., Chicago.

541.Miss.1, .1a, .1b, .1c. Mississippi v. Thomas, Farmer, "Freedom Riders." (Jackson) (U.S.S.C., #181) (160 So.2d 657, 161 So.2d 159, 521) May 24 to Jy. 31, 1961: Negro and white students and non-students arrived in city in interstate buses, trains, planes; promptly arrested on attempting to use terminal facilities labeled "whites only." Charge: breach of peace. Mar. 29, 1962: on appeal from convictions of N.Y. Assemblyman Lane and NY NAACP Pres. Sutton; Co. Ct. granted pros. atty's. motion for acquittal. 54 of 300 Defs. pleaded no contest; fined $200. plus costs. Other Defs. tried in City Ct. convicted; $500. appeal bond for each. Fall 1961-May 1962: tried de novo in Co. Ct. (2/day); all convicted, $1,000. appeal bond for each. (No Miss. surety co. has put up bail for Defs.; all have had to put up cash.) Cir. Ct. affirmed convictions in 9 cases. After filing opinions in 3 cases, Miss. Sup. Ct. affirmed other cases in per curiam memoranda. Appeals not consolidated. June 13, 1964: Defs.' petitions for cert. filed; pending.

NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

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541.Miss.6. Bailey v. Atty. Gen. Patterson; City of Jackson v. Bailey. (Jackson) (SD Miss.) (369 U.S. 31) (323 F.2d 201, cert. den. 376 U.S. 910) 1962: On remand from U.S.S.C. DC held state statutes requiring segregation in public transportation facilities unconstitutional, permitted racial signs at bus and train terminals to remain on voluntary basis, ordered airport to desegregate and remove signs, dismissed Pl's. petition for injunctive relief. 1963: CA 5 reversed: Defs. segregate in face of earlier ct. decisions, Pls. entitled to injunction despite Def's. plea that segregation discontinued. Feb. 17, 1964: U.S.S.C. denied cert. Apr. 13, 1964: On remand, DC enjoined police from arresting those who violate regulations segregating waiting rooms and carriers. Further relief to be sought.

R. Jess Brown, Esq., 1105½ Washington St., Vicksburg, Miss.; NAACP Legal Defense and Educ. Fund, 10 Columbus Circle, NYC.

541.Miss.8. Mississippi v. Moses. (McComb) (Cir. Ct.) Oct. 31, 1961: Police ct. trials for 15 adult Defs. Charge: disturbing the peace; convicted: 4-6 mths. and $200-$500. Served 6 wks. until $1,000. bond raised for each. May 20, 1962: in appeal trials, Defs. Moses, McDew and Tolbert convicted after State testimony that Defs. were upsetting white citizens so there might have been a riot. Appeals to Cir. Ct. pending.

Jack Young, Esq., 115½ Farish St., Jackson, Miss.

542. In Intrastate Facilities (and see 51, 54, 55, 58)

542.16. City of Montgomery v. Taylor. (Montgomery City Ct., #16372) Nov. 23, 1960: Def.-Negro allegedly attempted to sit beside white policewoman on city bus; arrested. Charge: disorderly conduct; $100. bond. Nov. 1960: Def. convicted; $50 and costs. Appeal to Montgomery Co. Cir. Ct.
542.21-542.21d. Georgia v. Defs. (Albany) (Super. Ct.) See summary of Southwest Georgia cases, 55.37.
550. Miscellaneous Racial Discrimination (and see 51, 54, 55, 58)
551. In Recreational Facilities

551.Fla.6. Wimbish v. Pinellas Co. (Florida) (CA 5, #21494) 1964: Pls. sued to desegregate golf course operated by lessee on Co.-owned land; Co. shares revenue, sets fees, approves development of course. Feb. 3: DC denied injunction. Pl's. appeal pending.

Fred G. Minnis, Esq., St. Petersburg.

551.Fla.7. NAACP v. Florida Bd. of Parks. (DC Fla.) Mar. 17, 1964: Pls. sue to desegregate all state parks. Sept. 3, 1964: Consent agreements signed for removal of signs directing segregation, and for desegregation of all parks, with notice to all state employees of this policy; DC approved. Sept. 16, 1964: Pls. moved to supplement decree by addition of time limit for desegregation and requirement that Def. supply Pls. with copy of memo sent to state employees.

NAACP Legal Def. & Educ. Fund, Inc., 10 Columbus Cir., NYC.

551.Ga.7. Georgia v. Defs. (Atlanta) (Fulton Co. Crim. Ct.) 1963: White students made reservations at Henry Grady Hotel. When Def.-Negro students tried to occupy rooms, arrested. Bail: $100. Pending.
551.Ga.8. Patterson v. MacLean. (Savannah) (SD Ga., #1321) (9 RRLR 879) 1963: Pls. filed suit to desegregate public recreation facilities. After suit filed, city agreed to desegregation of all facilities except swimming pools. May 1964: after hearing, DC dismissed complaint. Pl's. motion for new trial filed. After passage of 1964 Civil Rights Act, Pls. admitted to pool.

E. G. Gadsden, Esq.; NAACP Legal Def. & Educ. Fund, 10 Columbus Cir., NYC.

551.Ga.9. Law v. Jekyll Island State Park Auth. (ND Ga., #8579) 1963: Pl. seeks desegregation of state park. Nov. 9, 1963: DC denied Def's. motions to dismiss and add lessees as indispensable parties. Mar. 30, 1964: DC enjoined Auth.; lessees not covered because not parties. Park operated on desegregated bases. No appeal planned.

NAACP Legal Defense & Educ. Fund, NYC.

551.Ga.10. Newton v. City of Macon. (Bibb Co. Super. Ct., #25864) (9 RRLR 309) Bacon devised property to Def. for use as park for whites only. Def. did not enforce restriction. Bacon's heirs and Park Bd. of Mgrs. sued to enforce restriction. Def. attempted to resign as trustee. Negro-Intervenors sought order directing Def. to operate park on non-discriminatory basis. Mar. 10, 1964: Super. Ct. accepted Def's. resignation, will appoint new "private" trustees. Oct. 14, 1964: State Supreme Ct. aff'd.

NAACP Legal Def. & Educ. Fund, 10 Columbus Circle, NYC; James Sparks, Beaton and Conk, Esqs., Pensons Bldg., Macon.

551.Ga.11. Ewing v. City Council of Augusta. (SD Ga., #1186) July, 1964: Pls. sued to desegregate golf course operated under lease from city.

NAACP Legal Def. & Educ. Fund, Inc., 10 Columbus Cir., NYC.

551.Ky.2. Walker v. Bd. of Educ. (Richmond) (ED Ky.) Mar. 1962: class suit filed to desegregate recreational facilities. Pending.

NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

551.La.6. Lagarda v. Recreation and Park Commission for the Parish of East Baton Rouge. (ED La., Baton Rouge Div., Civ. #1287) (229 F.Supp. 379) 1953: Pls.-Negroes brought action for declaration against and to enjoin segregation in public recreational facilities. 1962: motion filed for judgment on pleading. May, 1964: DC granted judgment for Pls. on basis of uncontroverted affidavits; defenses of possible violence, loss of revenue, and likelihood of closure of facilities held not grounds to delay immediate desegregation.
551.Md.1. Drews v. Maryland. (Baltimore) (Md. Ct. of App. #113) (204 A.2d 64) 1960: Defs. convicted of disturbing the peace for refusal to leave segregated amusement park. Md. Ct. of App. affirmed. June 22, 1964: U.S.S.C. vacated and remanded for consideration in light of Griffin, 551.Md.-1, 378 U.S. 130. Oct. 22, 1964: Md. Ct. of App. reaffirmed and reinstated judgment, distinguishing Griffin: here special policeman, employee of park who initiated and participated
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in removal of Defs. by Co. police, not shown to be empowered by state to make arrests. Diss.: If authority of special policeman stemmed from state, state was joint participant in discrimination.
551.Md.2. Statom v. Co. Commissioners. (Prince George Co.) (CA 4, #59) (195 A.2d 41) 1962: Pl.-Negroes filed suit seeking injunction against Co. permitting boys club (which discriminated against Negroes) to use public playgrounds and school facilities. Feb. 1963: Cir. Ct. dismissed, finding use by club temporary, other groups granted similar uses. Nov. 1963: CA 4 reversed: sufficient allegation of denial of equal protection: state gave office space and use of pool to segregated boys club; remanded for trial on merits.

Isaac N. Groner, Esq., 1411 K St., N.W., Washington, D.C.

Case note: 50 Virginia U. 556-59.

551.Miss.2. U.S. v. Harrison Co., Co. Bd. of Supervisors, Co. Sheriff, City of Biloxi, City Mayor, Police Chief. (CA 5) (303 F.2d 863) 1951-1953: U.S. contracted to spend $1,133,000. to repair seawall and reconstruct Biloxi beach, Defs. to maintain same for public use. May 1960: U.S. filed suit to enjoin Defs. from preventing or seeking to prevent Negroes, by reason of race, from using beach and thus violating contract with U.S. DC held Defs. plan for gradual desegregation did not deny Pls. rights; denied injunction. June 1962: CA 5 affirmed, held considerations involved in desegregation of recreational facilities were complex, system would be damaged by immediate desegregation, that DC's denial of injunction not abuse of discretion.
551.Miss.4. Carter v. Thompson, Mayor. (Jackson) (CA 5, #19961) Class suit by Pl.-Negroes for desegregation of all public recreational facilities. May 1962: DC held Pls. have right to unsegregated use of public facilities; not a proper class action; no relief other than to 3 Pls. May 1963: CA 5 issued mandate.

And see cases at 555. Miss.1.

551.NC.5. North Carolina v. Cobb. (N.C. Sup. Ct., #581) (136 S.E.2d 674) Negroes obtained tickets to white section of theatre, sat in; arrested: trespass; convicted. Je. 12, 1964: N.C. Sup. Ct. affirmed: "private business" has right to exclude anyone from premises; Defs. obtained tickets to white section by "subterfuge" and vested no bona fide claim of right.
551.SC.4. Brown v. S.C. State Forestry Commn. and Lee, Intervenor. (CA 4, #9243-1964) (226 F.S. 646) Class suit to enjoin enforcement of segregation in 23 state parks and recreation areas. Jy. 1963: DC issued injunction desegregating facilities. Def.-Negro newspaper editor intervened, alleged NAACP, non-resident corp., actually brought suit, claimed $10,000. damages from Pl. and NAACP for allegedly boycotting his newspaper. DC dismissed Def. as intervenor; suspended injunction for 60 days so more police could be hired for parks. Apr. 1964: CA 4 affirmed: Intervenor's charges attempted to create issues foreign to action and get jurisdiction over parties not presently within ct's. jurisdiction.

And see cases at 204.

551.SC.5. Walker v. Shaw. (Greenville) (CA 4) (209 F.Supp. 569) Suit to desegregate parks and skating rinks, depositions filed, and motion for preliminary injunction. Def. moved to dismiss for mootness, since facilities officially closed. Oct. 1962: DC granted motion. Pls.' motion for new trial and for additional findings of fact pending. Def. converted swimming pool into den for sea lions, but 2 died, others live in shower room because of swimming pool leak. And appeal pending.

Donald James Sampson, Esq., 125½ Fall St., Greenville; Lincoln C. Jenkins, Esq., 1107½ Washington St., Columbia; NAACP Legal Def. & Educ. Fund, 10 Columbus Cir., NYC.

551.SC.6. James v. Carnegie Public Library. (Sumter) (ED S.C., #AC-1163) Suit to desegregate public library. Def's. motion to dismiss as moot pending.

Jenkins and Perry, Esqs., 1107½ Washington St., Columbia, S.C.; Ernest A. Finney, Jr., Esq., Sumter, S.C.

551.Tex.5. Allen, Grant v. Club Bolero. (ND Tex., Dallas Div.) Def. attempted to convert its bowling alley into private club after passage of 1964 Civil Rights Act, and exclude Negroes. Pl.-Negroes sued. Day before show cause hearing, Def. settled; agreed to admit all without regard to race; paid $2,400. in damages and fees.

John M. Wilson, Esq., 211 N. Eway Bldg., Suite 1320, Dallas.

552. In Dining Places (and see 51, 54, 55, 58)

552.Ala.4a. City of Montgomery v. King and Embry. (Ala. Ct. of Appeals) (140 So.2d 290, 291, 7 RRLR 455) Jy. 1960: Def.-Negro and white students entered downtown hotel to dine; arrested for trespassing; convicted. Appeal filed, emphasizing King was (white) guest of hotel; innkeepers have common law duty to serve all guests. Ct. of App. reversed and remanded. Cir. Ct. held second trial; reconvicted. Apr. 17, 1962: Ala. Ct. of Appeals reversed, since ordinance did not specify any punishment, conduct could not be a crime. Nov. 6, 1962: Cir. Ct. held third trial; reconvicted. New trial denied: Pls. appeal pending.

Fred Gray, Esq., 34 N. Perry St., Montgomery.

552.Ala.12. Katzenbach v. McClung. (Birmingham) (U.S.S.C., #543) (233 F.Supp. 815, 85 S. Ct. 6) Restaurant owners sued U.S. Atty. Genl. to enjoin enforcement of public accommodations provision of 1964 Civil Rights Act, §201, for unconstitutionality. Sept. 17, 1964: 3-judge fedl. ct. held: (1) Act contains no findings of fact re effect on interstate commerce of restaurant's refusal to serve Negro customers who are not interstate travelers, tho food served had moved in interstate commerce; (2) presumption this affects interstate commerce cannot be sustained; (3) therefore section covering intrastate operation of restaurant unconstitutional; issued injunction. Black, J. granted Def's. application for a stay. Oct. 5, 1964: appeal argued.
552.Ark.2. Lupper v. Arkansas. (U.S.S.C., #5) (367 SW.2d 750, c.g. 377 U.S. 989) Nov. 1960: 7 Negro students arrested during sit-in at Woolworth's; charges: creating disturbance in public place of business, refusal to leave business establishment after request. Ct. held constitutional 1959 law making refusal to honor management request to leave business establishment a misdemeanor; convicted: 30 to 60
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days and $500 fines. Ct. dismissed sit-in charges for insufficient evidence; refused to decide constitutionality of breach of peace law curbing sit-ins. May 1963: Sup. Ct. reversed breach of peace conviction: no evidence; affirmed criminal trespass convictions: (1) making trespass after warning a criminal offense is not denial of due process; (2) no evidence of discriminatory application of statute; (3) no right to be served at lunch counter in absence of public accommodations statute. June 22, 1964: U.S.S.C. granted cert.
552.Fla.7. Plummer v. Brock. (ND Fla.) July, 1964: Pls. sued 17 restaurant owners and Ku Klux Klan, seeking enforcement of 1964 Civil Rights Act. Tit. II. Sept. 14, 1964: DC issued permanent injunction, citing 3-judge ct. affirmance in Heart of Atlanta Motel, 553.Ga.2; found 1 Def. and a deputy sheriff in contempt of injunction.

NAACP Legal Def. & Educ. Fund, Inc., 10 Columbus Cir., NYC; Lawyer's Constitutional Defense Comm., 156 Fifth Ave., NYC; Southern Christian Leadership Conference, Atlanta.

552.Ga.14. Clark v. Georgia. (Savannah) (U.S.S.C.) (135 S.E.2d 207) 1963: Several hundred Negroes arrested at lunch counter sit-ins; trespassing (Ga. C. Tit. 26-3005). City Ct.: convicted. Jan. 1964: Ga. Sup. Ct. upheld constitutionality of 1954 law, affirmed convictions. U.S.S.C. granted extension of time to file petition for cert.

B. Clarence Mayfield, Esq., 910 W. Broad St.; E. H. Gadsden, Esq., 458½ W. Broad St., both of Savannah.

552.Ga.16. Kennedy v. Pickrick. (U.S.S.C.) (9 RRLR 912) Def.-restaurant refused to serve Pl.-Negroes, who sued for injunction under 1964 Civil Rights Act; Def. admitted discrimination. Jy. 22, 1964: 3-judge ct. held: (1) Def. served or offered to serve interstate travelers; (2) substantial portion of products sold moved in interstate commerce; (3) operations within scope of commerce power; (4) prevention of racial discrimination a valid regulation of commerce. Oct. 5, 1964: Def's. appeal argued.
552.Ga.17. Jones v. Rishers. (Perry) (MD Ga.) July 29, 1964: Pls. sued for injunction against restaurants and motels violating 1964 Civil Rights Act, Tit. II. Defs. admit connection with interstate commerce, deny discrimination. Pending.

NAACP Legal Def. & Educ. Fund, Inc., 10 Columbus Cir., NYC.

552.Ga.18. Sorrells v. Bolton. (Monroe) (MD Ga.) Pls. arrested while attempting to obtain service at restaurant, filed suit under Civil Rights Act against restaurant and police chief. Pending.

NAACP Legal Def. & Educ. Fund, Inc., 10 Columbus Cir., NYC.

552.La.5. Pania v. City of New Orleans. (ED La., #14240) Suit to declare unconstitutional city ordinance requiring segregation in bars. Pl's. motion for summary judgment heard; decision awaited.

NAACP Legal Defense & Educ. Fund, 10 Columbus Circle, NYC.

552.La.6. Castle v. Davis, Gov. (ED La., New Orleans Div., Civ. #14205) (9 RRLR 884) Class action against state and local officials to enjoin operation of segregated cafeteria in city hall. June 1964: DC granted injunction.
552.Md.5. Bell v. Maryland. (Baltimore) (U.S.S.C., #12) (378 U.S. 226; 204 A.2d 54) 1961: 12 Negro students denied service in restaurant, refused to leave on manager's request; arrested, convicted. Jan. 7, 1962: Md. Ct. of App. affirmed. June 22, 1964: U.S.S.C. reversed (6-3) Brennan, J.: remanded for consideration by Md. Ct. of App. whether state public accommodations statute, enacted after Pets.' convictions while case pending in U.S.S.C., required reversal of Pets.' convictions under common law rule that if statute is repealed or amended, convictions pending on appeal under it are voided. Douglas, J. (Goldberg, J., in part) conc.: (1) Ct. should reach and decide constitutional questions; (2) the decision of restaurants, most of them owned by corporations, not to serve Negroes, is actuated by belief that there is more money to be made running segregated facilities; (3) to hold that state-backed discrimination by corporate managers is beyond the reach of Fourteenth Amendment is to remit to those with economic control of public facilities basic decisions about integration and segregation; (4) public accommodations, as distinguished from private homes, etc., cannot logically be classified as private property in such a way as to allow their managers to exclude Negroes, especially when these accommodations serve public needs. Goldberg, J. (Warren, C.J., joined in part by Douglas, J.) opinion dealt with questions raised in dissent; (1) Fourteenth Amendment not only proscribes state action in aid of discrimination, but commands that no state shall by inaction tolerate denial to Negroes of full participation in American life; (2) public accommodations should be distinguished from private homes in giving weight to claims of property right. Black, J. (Harlan, White, JJ.) diss. (1) Ct. should reach constitutional questions; (2) Fourteenth Amendment is no more than a command that a state shall not act to foster or abet discrimination; (3) Maryland's action here is not state action; (4) freedom of expression does not extend to going on private property to criticize acts of the owner; (5) regulation of trades and professions is for Congress and legislatures. Oct. 22, 1964: on remand, Md. Ct. of App. reaffirmed: (1) general savings clause statute applicable because no legislative intent to affect trespass convictions prior to passage of public accommodations act; 1964 (fedl.) Civil Rights Act did not abate convictions.

Juanita Jackson Mitchell, Esq., 1239 Druid Hill Ave., and Tucker R. Dearing, Esq., 716 N. Gay St., both of Baltimore; NAACP Legal Defense and Educ. Fund, 10 Columbus Circle, NYC.

552.NC.3. Avent v. North Carolina. (Durham) (Sup. Ct.) (373 U.S. 375, 137 S.E.2d 161) 1960: Negro and white Defs. sat-in at Kress lunch counter, arrested: trepass; convicted. N.C. Sup. Ct. affirmed. May 20, 1963: U.S.S.C. vacated, remanded in light of Peterson, 552.SC.8, 373 U.S. 244, as N.C. Sup. Ct. had proceeded on erroneous assumption there was no ordinance in Durham requiring segregation in places of public accommodation. Jy. 10, 1964: on remand, N.C. Sup. Ct. noted Durham had ordinance like Greenville (in Peterson), reversed.

NAACP Legal Def. & Educ. Fund, 10 Columbus Circle, NYC.

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552.NC.4. Williams v. North Carolina. (Monroe) (U.S.S.C., #4) (117 S.E.2d 824, 378 U.S. 548) March 11, 1960: Pres. of Co. NAACP sat-in at "white only" lunch counter; arrested: trespass. Muni. Ct. convicted: 30 days and $50. Jan. 20, 1961: N.C. Sup. Ct. affirmed. June 22, 1964: U.S.S.C., per curiam, granted cert., vacated, remanded in light of Robinson, 552.Fla.4. Black, Harlan, White, JJ., diss.

Leonard B. Boudin, Esq., 30 E. 42nd St., and Conrad J. Lynn, Esq., 401 Broadway, both of NYC.

552.NC.9. Fox v. North Carolina. (Raleigh) (U.S.S.C., #5) (118 SE.2d 47, 378 U.S. 587) Mar. 21, 1960: Defs. sat-in at lunch counter marked "employees and guests only"; arrested. N.C. Sup. Ct. affirmed. Petitions for cert. filed Oct. Term. 1960. June 22, 1964: U.S.S.C., per curiam, granted cert., vacated and remanded to N.C. Sup. Ct. for consideration in light of Robinson, 552.Fla.4. Douglas, J. would reverse, see Bell, 552.Md.5. Black, Harlan, White, JJ., diss.
552.SC.2. Fields v. South Carolina. (Orangeburg) (S.C. Sup. Ct.) (372 U.S. 522, 375 U.S. 44) Mar.-April 1960: 388 Negro college students arrested while parading against segregation: breach of the peace; convicted. June 1962: S.C. Sup. Ct. affirmed. Mar. 1963: U.S.S.C. vacated and remanded. On remand, Sup. Ct. again affirmed convictions. Oct. 1963: U.S.S.C. granted cert., reversed and remanded. Pending.

Matthew Perry, Esq., 1107½ Washington St., Columbia, S.C.; NAACP Legal Defense and Educ. Fund, 10 Columbus Circle, NYC.

552.SC.2b. South Carolina v. Davis. (Cir. Ct., Orangeburg Co.) Feb. 1, 1961: 9 Negro Defs. arrested after taking food at all-white lunch counter. Charge: trespassing. 1962: Defs. convicted of breach of peace. 1962: Cir. Ct. affirmed. Defs.' appeal to U.S.S.C. pending.
552.SC.3c. South Carolina v. Carter. (Columbia) (Richland Co. Ct., #1318) Def.-student leader charged with contributing to delinquency of minors since many of 187 Defs. in 552.SC.3b under 21. Pending.
552.SC.4b. South Carolina v. Rev. Ivory, Dietrich, Hackley. (Rock Hill) (Muni. Ct.) Feb. 23, 1961: 2 Negro and 1 white arrested during drugstore sit-in; declined to post bond; jailed. Pending.
552.SC.4d. City of Rock Hill v. Hamm. (U.S.S.C., #2) (c.g. 377 U.S. 988) June 1960: Negroes conducted sit-in at McCrory's lunch counter; arrested; charge: trespass. Convicted in Recorder's Ct. June 22, 1964: U.S.S.C. granted cert.
552.SC.9a. City of Darlington v. Stanley. (U.S.S.C.) Defs. arrested during demonstration for parading without license; convicted. Jy. 1961: S.C. Sup. Ct. affirmed, held exercise of constitutional rights must be consistent "with peace and good order," rights fundamental but not absolute, "and are subject to reasonable and non-discriminatory regulation and limitations." Defs.' petition for certiorari pending in U.S. S.C.
552.Tenn.8. Tennessee v. Lewis. (Nashville) (Crim. Ct., #15866) 1963: 8 student SNCC members arrested in sit-in at B & W Cafeteria. Defs. convicted of unlawful conspiracy (Tenn. C. §39-1101); 90 days on workhouse gang and $50. each. Jan. 1964: Tenn. Sup. Ct. affirmed. Mar. 10, 1964: Petition for rehearing denied.

Alexander Looby, Esq., Nashville, Tenn.

552.Va.5. Randolph v. Virginia. (Va. Sup. Ct. App.) (374 U.S. 97) 33 Defs. arrested for "trespass after warning" in sit-in at dept. store lunch counter, convicted. Va. Sup. Ct. App. affirmed. June 10, 1963: U.S.S.C. vacated, remanded in light of Peterson, 552.SC.8, 373 U.S. 244. Pending.

NAACP Legal Def. & Educ. Fund, 10 Columbus Circle, NYC.

552.Va.9. Virginia v. Rev. Harris. (Hopewell) (Va. Super. Ct. of App.) Aug. 25, 1960: 49 Negroes, including juveniles, arrested during sit-ins at local drug stores. Apr. 26, 1961: 28 juvenile cases heard: 24 adults convicted in Cir. Ct. All Defs. convicted in trials de novo in Hustings Ct. Issue: state requirement of payment of costs and expenses before appeal in misdemeanor cases, no extension of time allowed. Petition for cert. pending.

Len Holt, Esq., 250 Nicholson Ave. NE, Washington, D.C.

552.Va.10a. Wood v. Virginia. (Va. Sup. Ct. of App.) (374 U.S. 100) Feb. 21, 1961: 11 Negroes arrested in drug store lunch counter sit-in. Muni. Ct. tried, convicted: 60 days. April 1961: in trial de novo in Corporation Ct. before all-white jury, Defs. convicted: 30 days, plus 60 days set by Muni. Ct., $100. Oct. 1961: Va. Sup. Ct. of App. refused petition for writ of error, without opinion. June 10, 1963: U.S.S.C. vacated and remanded to Va. Sup. Ct. of App. for reconsideration in light of Peterson, 552.SC.8, 373 U.S. 244.

Melvin L. Wulf and Frank E. Schwelb, Esqs., for ACLU, 156 Fifth Ave., NYC; Len Holt, Esq., 250 Nicholson Ave. NE, and Jones and Cain, Esqs., 815 Fifth St. NW, all of Washington, D.C.

553. In Other Facilities (and see 42)

553.Ala.1. Alabama v. Johnson. (Talladega) (Sup. Ct., 7th Div., #650, A, B) Apr. 22, 1962: 3 Negro students (Talladega) sought to attend Easter services at white churches; arrested. Charges: (1) breach of the peace, (2) criminal conspiracy. May 1962: Defs. tried on (1), convicted, sentenced. Ct. of App. rev'd.: denied rehearing. July 30, 1964: Ala. Sup. Ct. granted cert. Pending.

Arthur Shores, Esq., 1527 5th Ave. N., A. G. Gaston Bldg., Birmingham.

553.Calif.2. Cobbs v. Rockridge Women's Club. (Oakland-Piedmont Muni. Ct., #158571) Sept. 1963: Pls.-members of CORE reserved Def's. hall for party Nov. 23. Nov. 1963: Due to death of Pres. Kennedy, Pls. changed date to Dec. 14. Nov. 23: Def. notified Pls. reservation cancelled. Feb. 20, 1964: Pls. filed suit under Cal. Civ. C. §§51, 52, alleging cancellation motivated solely by racial prejudice. Pending.

Malcolm Burnstein, Esq., 1440 Broadway, Oakland.

553.Fla.1. Due v. Tallahassee Theaters, City Officials and Sheriff. (ND Fla., Tall. Div., Civ. #931) (9 RRLR 904) Pl.-Negroes sued for injunction, alleging Defs. conspired under color of law to require whites to conduct private business on segregated basis. DC granted Defs.' motion for summary judgment, dism'd. when Pls. failed to file amended complaint.
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Je. 26, 1964: CA 5 reversed; held: complaint alleged facts under which Pls. might have been entitled to recover, incl. claim under Civil Rights Acts; DC may not dismiss due to its doubts Pls. could prove factual allegations, may not accept conclusory statements by Def.-Sheriff in affidavits as eliminating any factual issue; remanded to DC.
553.Fla.2. Jackson v. City Commrs., Jacksonville. (SD Fla., Jacksonville Div., Civ. #64-87-Civ. J.) Negro-Pls., (Defs. in 55.89), sued to desegregate City prisons. Apr. 29, 1964: Def. moved to dismiss, claiming lack of legal capacity. Jan. 11, 1965: Motion for hearing on Def's. motions.

Earl M. Johnson, Esq., Rt. 9, Box 1034 G, Jacksonville; Leroy D. Clark, Esq.

And see other Jacksonville cases, 55.89, and 401.14.

See also 453.3.

553.Ga.1. Henderson v. Grady Hotel Corp. (Atlanta) (ND Ga. #8488) 1963: Pl.-white sued to desegregate hotel. Sept. 1, 1963: DC granted Def's. motion to dismiss; held white Pl. had no standing. Appeal to CA 5 pending.

Henry M. Henderson, Esq., Box 248, Atlanta, Ga.

553.Ga.2. Heart of Atlanta Motel, Inc. v. U.S. (U.S.S.C., #515) July 1964: Pl.-motel sued to enjoin enforcement of 1964 Civil Rights Act, Tit. II, requiring Pl. to serve Negroes. 3-judge ct. held: §201 of the Act, insofar as it prohibits racial discrimination by a motel that provides lodging to transient guests, is valid exercise of commerce power; Congress intended to exercise full power over interstate commerce; coverage of Act as broad as Sherman Anti-Trust Act and NLRA, citing such cases in support of constitutionality. Oct. 5, 1964: Pls. appeal to U.S.S.C. argued.

Amicus brief by Calif. Atty. Genl. Lynch.

553.Miss.2. Poole v. Barnett. (Jackson) (CA 5, #21196) Oct. 1963: Several groups of whites and Negroes attempted to worship at white Jackson churches; arrested. Pls. sued to enjoin arrests. DC declined to rule on motion for temporary injunctive relief. Dec. 7: Pls. filed petition for writ of mandamus in CA 5. Jan. 8: As Pls. travelling to argue mandamus petition, DC telegraphed CA 5 clerk he denied temporary injunction, mandamus petition therefore moot, should be denied. Pls. appealed from denial of injunction. Issues: (1) whether arrests at request of church authorities are state action in violation of equal protection clause; (2) whether arrests on police initiative without church requests are state action: (3) whether arrests deny Pls. freedom to worship; (4) power of DC to enjoin threatened arrests. Pending.
553.Miss.3. COFO v. State Fair Commission. (SD Miss., #3616 JC) Suit to enjoin Comm. from refusing to rent coliseum to Pl. & desegregate. Aug. 14, 1964: DC denied injunction. Appeal pending.

Ann Cooper, Esq., (LCDC), 538½ N. Farish St., Jackson.

553.NH.1. New Hampshire v. Sprague. (N.H. Sup. Ct.) (200 A.2d 206, 9 RRLR 901) April 20, 1964: Def.-barber arrested for refusing to cut Negro's hair under state Public Accommodations Act, moved to quash on ground of unconstitutionality. N.H. Sup. Ct. held statute no violation of due process, equal protection, or 13th Amendment prohibition against involuntary servitude; 9th Amendment does not preclude state exercise of police power to acheive racial equality.
553.Ohio.1. Gegner v. Graham. (Yellow Springs) (Ohio Sup. Ct.) Pl. refused to give a haircut to a Negro. Ohio Civil Rights Comm. issued cease and desist order. Pl. filed petition for review of Comm. order testing constitutionality of Ohio R. C. 4112.01(I), 3112.02 as applied to personal service trade. Mar. 1964: Ct. of App. held Pl's. conduct violated public accommodation statute, statute constitutional. Mar. 15: Pl. closed shop pending Ohio Sup. Ct. decision.

John E. Duda, Esq., Lawyers Bldg., Cleveland.

Amicus brief by Joshua J. Kancelbaum, Esq., 1748 Standard Bldg., Cleveland, for O.C.L.U.

And see 58.7.

553.Pa.1. Johnson v. Cafaro. (Ct. of Com. Pleas, Dauphine Co., #521-1963) Pl. twice served in Def's. barber shop; then Def. discovered Pl. a Negro and refused Pl. service. Final order: Def. to cease discriminating. Defs.' appeal pending.

Nathan Agran, Esq., for Pa. Human Relations Comm.

553.SC.1. Thomas v. Orangeburg Theaters. (ED S.C.) July 29, 1964: Pl. sued to enjoin Defs. from interfering with Negroes attempting to gain admission to its theaters. Def's. answer admits commerce connection, denies discrimination. Pending.

NAACP Legal Def. & Educ. Fund, Inc., 10 Columbus Cir., NYC.

553.Wash.1. In re Johnson and Wheeler and Washington State Board Against Discrimination. (Spokane Co. Super. Ct., #172524) Nov. 7, 1963: After hearing, State Bd. found Resp.-Wheeler had refused to give Comp.-Johnson a haircut solely because of race; ordered Resp. to cease this practice. Resp's. appeal pending.

Morton M. Tytler, Asst. Atty. Genl. of Washington.

554. In Hospitals

554.Calif.1. Washington v. Blampin. (Dist. Ct. App., 2d Dist., Div. 3, Civ. #27971) (38 Cal. Rptr. 235) April, 1964: Physician refused to treat child of Negro-Pl., allegedly on basis of race. Pl. sued under state civil rights act. Super. Ct. dismissed. Apr. 1964: Dist. Ct. App. reversed: (1) provision of act which prohibits racial discrimination in "services in all business establishments of every kind whatsoever," includes physician; (2) personal nature of physician-patient relationship no obstacle to recovery in damages when refusal to treat is based on race.
554.Fla.1. Hayking v. Flagler Hospital. (St. Augustine) (ND Fla. Civ. No. 64-126-Civ.-J) May 14, 1964: Pls. sued to desegregate patient and student nurse facilities at hospital. July, 1964: DC granted summary judgment for Pls. Defs.' appeal pending.

NAACP Legal Def. & Educ. Fund, Inc., 10 Columbus Cir., NYC.

554.Ga.1. Bell v. Fulton DeKalb Memorial Hospital Authority. (Atlanta) (ND Ga., #7966) Feb. 1962: 22 members of Comm. on Appeal for Human Rights, and Negro dentist, arrested in Def.-hospital's 'white' waiting room while Negro student sought admission; convicted: $17 or 15 days. June 1962: class suit filed by Negro drs., minister, members of Comm. against hospital for injunctive relief to: (1) permit Negro drs., dentists full staff privileges in entire hospital; (2) end racial segregataion of patients; (3) admit students to training facilities without regard to race; (4) provide ambulance service and psychiatric clinic equally to all; (5) end segregation in Fulton Co. Medical Society, Medical Assn. of Ga., North Dist. Dental Society and Ga. Dental Society which nominate members for appointments to state medical bds. Pls. seek declaratory judgment that separate-but-equal provisions of Hill-Burton Act (fedl. act providing for aid in construction of local hospitals) is unconstitutional. Feb. 11, 1964: At pretrial conference, DC dismissed as to Hospital Auth. which had desegregated. Mar. 1964: DC denied Defs.-Dental Societies' motions to dismiss, indicated they would be enjoined from excluding Negroes if DC upheld on appeal.

Donald Hollowell, Horace T. Ward, 859½ Hunter St., NW, Atlanta; NAACP Legal Def. & Educ. Fund, Inc., 10 Columbus Cir., NYC.

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554.NC.1. Simkins and U.S. v. Moses H. Cone Memorial Hospital and Wesley Long Community Hospital. (323 F.2d 959, c.d. 376 U.S. 938) Case notes: 16 Alabama 474-80; 66 W.Va. 325-28.
554.NC.2a. Eaton v. Grubbs. (ED N.C., #932) (329 F.2d 710) (Earlier case: 571.18, IV DOCKET 111; 164 F.Supp. 191, 198, cert. den. 358 U.S. 948) Complaint by Negro doctors and patients charging racial discrimination in admittance policies of Def.-public James Walker Memorial Hospital. Defs.' motion to dismiss granted. Apr. 1, 1964: CA 4 reversed, held actions of hospital state action despite opposite finding in earlier suit: (1) standard for state action has changed, e.g., Burton, 365 U.S. 715; (2) new allegations of state action here include showing that hospital exercises power of eminent domain, enjoys tax exemption, sits on land deeded from city with condition subsequent to fee that if land used for other purposes than hospital, city will again be seised; (3) Defs.' atty. admitted hospital soon to be transferred to state, with buildings and equipment.

Robert R. Bond, Esq., 612 Red Cross St., Wilmington, N.C.

554.NC.3. Dr. Hawkins v. N.C. Dental Society and Second Dist. Dental Society. (WD N.C., #1505) (230 F.Supp. 805) 1955: Pl.-Negro dentist sought membership in Def.-societies, needing endorsement of 2 members. Pl. alleges pressure by Defs. resulted in impossibility of securing endorsements. Apr. 1960: Pl. sued for permanent injunction restraining Def.-societies from refusing him full membership, alleging Def. fulfills some state gov'tal functions. Dec. 1960: DC denied Defs.' motion to dismiss. Legislature repealed statute giving Dental Society right to elect State Bd. of Dental Examiners. June 19, 1964: DC dismissed on merits. CA 4 appeal pending.

T. H. Wyche, Esq., 326 S. Alexander, Charlotte, N.C.; Conrad O. Pearson, Esq., 203½ E. Chapel Hill St., Durham, N.C.

554.NC.4. Porter v. N.C. Hospitals Bd. of Control. (DC N.C.) Declaratory judgment action filed re N.C. statute requiring segregation of hospital facilities and for injunction. March 28, 1963: DC declared statute unconstitutional; ordered Pl. admitted to hospital.

NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

554.NC.6. Addison v. High Point Hospital. (MD N.C.) Suit to desegregate hospital built with federal aid. Sept. 1964: DC entered consent order. Case closed.

NAACP Legal Def. & Educ. Fund, Inc., 10 Columbus Cir., NYC.

554.SC.1. Rackley v. Bd. of Trs. Orangeburg Regional Hospital. (ED S.C., Columbia Div., #AC-887) (310 F.2d 141) Mar. 24, 1962: class suit filed by Negro minor by next friend for desegregation of public hospital. Facts, issues similar to Bell, 554.Ga.1. Jy. 13, 1962: DC denied preliminary injunction, granted Def's. motion to strike. CA 4 affirmed denial of preliminary injunction, reversed motion to strike; remanded. Pending in DC.

Jenkins and Perry, Esqs., 1107½ Washington St., Columbia, S.C.

554.Va.1. Wood v. Hogan. (CA 4) (215 F.Supp. 53) Class suit filed by Pls. for desegregation of all public facilities. (555.Va.1) Mar. 1962: DC severed Def.-Hogan, case given new name and number. March 1963: DC denied injunction, held transfer of hospital to non-profit corporation, altho made to avoid desegregation order, immaterial, as long as transfer was complete, without possibility of reverter; held government licensing, tax-exemptions and financial assistance in construction insufficient to void transfer. Pl's. appeal to CA 4 pending.

Len Holt, Esq., 250 Nicholson Ave. NE; Henry H. Jones and Simon L. Cain, Esqs., 815 Fifth St. NW, all of Washington, D.C.

Case note: 16 Stanford 197-202.

And see 555.Va.1.

554.Va.2. Cyress v. Newport News. (ED Va., Civ. #969) Suit by physicians and patients to desegregate Hill-Burton Act hospital. Defs.' answer denies discrimination, attacks Pls.-physicians' qualifications. Jy. 15, 1964: trial.

Phillip S. Walker, Esq., 648 25th St., and W. Hale Thompson, Esq., 611 25th St., Newport News.

554.Va.3. Bridges v. Hampton Training School for Nurses. (ED Va.) 1964: Pls. sue to desegregate Dixie Hospital. Pending.

NAACP Legal Def. & Educ. Fund, Inc., 10 Columbus Cir., NYC.

554.Va.3a. Smith v. Hampton Training School for Nurses. (ED Va.) Pls.-Negro nurses ate in hospital cafeteria reserved for white persons; fired, sue for reinstatement. Pending.

NAACP Legal Def. & Educ. Fund, Inc., 10 Columbus Cir., NYC.

555. In Government Facilities: Omnibus Suits

555.Ala.4. Gardner v. Kendrick. (Birmingham) (ND Ala., S. Div.) 1963: Class suit filed for desegregation of all facilities in Co. courthouse. Pending.

Oscar W. Adams, Jr., Esq., 1630 Fourth Ave. N, Birmingham; Ernest D. Jackson, Esq., 410 Broad St., Jacksonville, Fla.

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555.Fla.2. Brown v. Bryant. (SF Fla., Miami Div., #63-161) March 21, 1963: Pl.-Negro seeks declaratory judgment that racially segregated facilities in State-owned buildings are unconstitutional. Pending.

Earle V. Rifas, Tobias A. Simon, Irma Feder, Esqs., for Fla. CLU, 404 Seybold Bldg., Miami.

555.La.1. Jelks v. Perez. (ED La., Baton Rouge Div., #3028) Jy. 17, 1964: Pls.-Negro minister and others attempted to use cafeteria in State Capitol bldg. after passage of 1964 Civil Rights Act. Pls. were served; Def.-Perez entered and ordered white patrons to leave. Crowd gathered outside and harassed Pls. during meal. As they left, Def. confronted them, used vile and insulting language; Pl. struck in face by unidentified assailant. State police present during incident, intervened but refused to arrest assailant or take name at request of Pls. July 17: Pls. sued under 28 U.S.C. §1343, 42 U.S.C. §§1983, 1985, 1986, 1988 and 1964 Civil Rights Act, secs. 204(a), 207(a) and 207(b), naming as Defs. Governor, Supt. of State Police, State Police on duty, unidentified assailant, and lessee of cafeteria; prayed for $850,000. damages, injunction, and declaration that policy of state to maintain segregation as manifested by legislative declaration and various statutes (see Lombard v. Louisiana, 552.La.2) is unconstitutional. Depositions taken. Pending.

Murphy Bell, Esq., 971 So. 13th, Baton Rouge.

555.Miss.1. Rev. Clark v. Thompson. (Jackson) (CA 5, #19961) (313 F.2d 637) Jan. 1962: Class suit filed by Negro Pls.: (1) for convening of 3-judge ct.; (2) for declaratory judgment that Miss. Code 1942 Anno., parts of §2046.5(1) and §§4065.3 and 2056(7) are unconstitutional in requiring segregation in public parks and swimming pools; (3) injunctive relief. DC decided against Pls. Mar. 1963: CA affirmed, held suit not proper class action; affirmed DC grant of individual relief.

Jack H. Young, Esq., 115½ N. Farish St., Jackson; Robert L. Carter, Esq., NAACP, 20 W. 40th St., NYC.

555.Va.1. Wood and Thaxton v. Vaughan. (Lynchburg) (WD Va., Charlottesville Div., #535) (321 F.2d 474, 480) May 1961: Class suit filed for desegregation of all public facilities. DC dismissed as Defs. judges of 3 Lynchburg cts.; Pls.' appeal pending. Def.-hospital admr. served (see 554. Va.1). Oct. 1962: after trial, DC dismissed as to Def.-City; ordered desegregation of all city swimming pools; denied Pls. further relief. On appeal, in #8689, CA ordered courtroom desegregated, if Pls.' allegations proved. In #8874, CA aff'd DC refusal to desegregate city nursing home, because Pls. not members of class they sought to represent, but rejected DC view of sound medical practice; aff'd DC refusal to order desegregation of armory, because Pls. refused to join city mgr. as Def. and city had sold armory to private group.

Len Holt, Esq., 250 Nicholson Ave. NE, and Simon L. Cain, Esq., 815 Fifth St. NW, both of Washington, D.C.; Harry Lore, Esq., 15th & Walnut St., Jerome Kurtz and Gilbert M. Cantor, Esqs., 1200 Packard Bldg., all of Philadelphia, for Natl. Lawyers Guild Comm. to Assist Southern Lawyers.

555.Va.2. Rev. Dunlap v. Councilmen of City of Danville. (WD Va., Danville Div.) Aug. 1962: Omnibus desegregation suit filed as class action. Pending.

Simon L. Cain, Esq., 815 Fifth St. NW; Len Holt, Esq., 250 Nicholson Ave. NE, both of Washington, D.C.

560. Family Matters—Racial, Religious Problems
561. In Marriage and Divorce

561.3. McLaughlin v. Florida. (formerly Hoffman v.) (U.S.S.C., #11) (153 S.2d 1) 1963: Defs. convicted under statute forbidding Negroes and whites of opposite sex from occupying room together overnight. Trial court ruled: defense of marriage not available, since state law forbids interracial marriages. Fla. Sup. Ct. affirmed. Apr. 21, 1964: U.S.S.C. noted prob. juris.

NAACP Legal Defense & Educ. Fund, NYC.

561.5. Collins v. Collins. (W.Va.) (Harrison Co. Cir. Ct., #1731) Pl.-white woman sues to annul her marriage to Def.-Negro on ground that marriage is voidable under W.Va. miscegenation statute. Pending.

NAACP Legal Def. & Educ. Fund, Inc., 10 Columbus Cir., NYC.

562. In Adoption Proceedings

562.4. Re J. Rockefeller. (Sup. Ct. Mineola) White parents with 2 children of their own and adopted Korean and Negro children applied for adoption of Negro child. Welfare Dept. rejected application. Suit filed. Dept. agreed to process application. Oct. 1962: hearing on show cause petition.

Michael Radwin, Esq., North Babylon, NY.

563. In Custody Proceedings

563.11. Eilers v. Eilers. (Louisville, Ky.) (Cir. Ct.) Pl.-former husband filed suit to gain custody of his and Def's. children on ground her remarriage to a Negro in Chicago is void under Ky. law. Pending.

NAACP Legal Def. & Educ. Fund, Inc., 10 Columbus Cir., NYC.

564. In Miscellaneous Proceedings
570. Employment
Symposium: Toward equal opportunity in employment: 14 Buffalo U. 1-174: C. Clyde Ferguson, The constitutional scope of executive power to withhold appropriated funds; John G. Feild, Hindsight and foresight about FEPC; Herbert Hill, Louis H. Pollak, Herman Schwartz, A critical analysis of 20 years of state FEPCs; Henry Spitz, Techniques to eliminate and prevent employment discriminations; Sol Rabkin, Enforcement of FEP laws; Robert A. Girard, Louis L. Jaffe, Joseph B. Robison, George W. Brooks, Herman Schwartz, Observation on administration of FEP Acts; J. Edward Conway, State and local contracts and subcontracts; Madison S. Jones, Roles of city government and private citizen groups; Frederick B. Routh, Supplementary activities for state governments seeking to eliminate discrimination; John P. Walsh, Meyer Fine, George Culberson, Herman Schwartz, Vocational training to improve job opportunities for minority groups.

Law review article: Thompson N. Powers, Fedl. procurement and equal employment opportunity, 29 Law and Contemporary Probs. 468-87.

Booklet: Californians of Spanish Surname, Dept. of Industrial Relations, Div. of Fair Employment Practices. May, 1964.

Report: Employment Practices: City of San Diego, An investigation under §1421 of Cal. Labor Code, FEPC. 1963-64.

Comment: Racial Picketing Protesting Discriminatory Employment Practices, 18 Miami L. Rev. 488 (1963).

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571. Racial Discrimination Against Teachers
And see 24.25, 24.26, 24.30, 24.35.
571.11. McPherson v. Connellsville Joint School Bd., Pa. Human Rights Comm. (Ct. of Com. Pleas, Dauphin Co., #397-1962) June 1962: Def.-Comm., after public hearing, held Pl.-Bd. discriminated against Comp.-Negro teacher on basis of race, ordered Pl. to hire Comp. at salary of at least $4,000. annually as soon as vacancy occurs, pay $2,208. loss of earnings, hire all future applicants without regard to race. Nov. 1963: Ct. remanded to Pa. Human Relations Comm. Jy. 22, 1964: Comm. found for Pl., ordered her reinstated. Def. appealed. Dauphin Co. Ct. ordered further testimony taken. Pending.

Nathan Agran, Esq., Genl. Counsel, Pa. Human Rights Comm., 1401 Labor and Industry Bldg., Harrisburg.

Amicus arguments by Murray H. Shusterman, Esq., for City of Phila.; Marion K. Finkelhor, Esq., for City of Pittsburgh.

571.12. U.S. v. Bd. of Educ. (Greene Co., Miss.) (SD Miss., Hattiesburg Div., #1729) (7 RRLR 770) Apr. 13, 1962: U.S. filed voter registration suit against George Co. Registrar (501.Miss.6). Among others, Miss Talbert, Negro teacher hired by Def.-Bd., filed affidavit for U.S. alleging unsuccessful efforts to register to vote; much newspaper publicity about affiants' names. Apr. 25, 1962: at special meeting, Def.-Bd. rejected recommendation of Negro school principal, did not renew Miss Talbert's teaching contract for 1962-63. June 1962: U.S. sued under 42 U.S.C. §1971(b), (c), Civil Rights Act of 1957, to enjoin Def. from continuing to refuse to employ Miss Talbert. Aug. 1962: after 4-day trial, DC ruled for Def. Pending.

And see 501.Miss.6.

571.14. Henry v. Coahoma Co. Bd. of Educ. (CA 5) (8 RRLR 1480) Injunction suit filed by Negro teacher active in civil rights when Def.-Bd. denied a teaching contract for 1962-63. Dec. 1963: DC found Pl. fired because Supt. did not recommend continued employment (Miss. law gives teachers no tenure); found Supt's. actions based on conviction of Pl's. husband on morals charge (Henry, 59.27 and .27a), two libel suits pending against him (61.23), and conveyances by him to her of property which might be subject to litigation as fraudulent attempts to avoid execution on judgment in civil actions; found Pl. not discriminated against on ground of race or NAACP activities; dismissed complaint. Appeal pending.

NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

571.15. Ross and Simmons v. Taylor Township Bd. of Educ. (Mich. Sup. Ct.) Sept. 1, 1959: Negro-Comps. filed claim with Mich. FEPC, alleging failure to hire as teachers because of race. Comm. found probably cause, was unable to conciliate. June-July 1960: FEPC held public hearings, entered cease and desist order. Appeals pending: Resp. appeals order; Atty. Gen. has petitioned for writ of general superintending power. Pending.

Harry F. Vellmure, Esq., 4517 Allen Rd., Allen Park, Mich.

572. Racial Discrimination by Government Agencies

572.11. Roberts v. Township of Millburn. (Essex Co. Super. Ct., #L1212-61 P.W.) 1961: Pl.-Negro policeman sued to obtain promotion to sergeant and damages. 1964: Super. Ct. ruled Def. must accept or reject Pl. for promotion before promoting anyone else, denied claim for damages. Appeal pending.
573. Racial Discrimination Involving Government Contracts

573.3. Farmer v. Philadelphia Electric. (CA 4, #14,460) (329 F.2d 3) 1962: Pl.-Negro sued, alleging Def. refused to hire him on grounds of race, seeking damages as 3d-party beneficiary of contract between U.S. and Def. requiring non-discrimination in employment under Exec. Order 10557. Mar. 29, 1963: DC dismissed, held Order did not create right in Pl. Mar. 1964: CA 4 affirmed DC dismissal of complaint: Executive Orders requiring FEP provisions in Govt. contracts give no cause of action to persons discriminated against in violation of such clauses; remedy is administrative.
573.4. Bishop Childs v. Rockefeller, Wagner. (SD NY, #632,127) Pl. sues to halt public construction projects where Negro workers are allegedly excluded from jobs. Pending.

Paul B. Zuber, Esq., 315 W. 125th St., NYC.

And see 51.59, 55.70.

573.4a. Gaynor v. Rockefeller. (NYC) (NY Sup. Ct., App. Div., 1st Dept.) Sept. 1963: Pl. sued to restrain 9 unions from discriminatory practices, and to enjoin state and city officials from expending funds on projects where labor is recruited from Def. unions. Statutes: 42 U.S.C. §§1981, 1983; N.Y. Const. Art. I, §11; N.Y. Exec. Law §296; N.Y. Civ. Rights Law §43, N.Y. Pen. Law §700. Issues: (1) whether public officials and contractors on public projects have duty not to discriminate in hiring; (2) whether officials may delegate hiring authority to unions which discriminate; (3) whether unions must process applications for membership and employment in chronological order rather than on basis of race; (4) whether Def. unions may be compelled to submit their criteria for membership to judicial review. Dec. 6, 1963: Sup. Ct. denied Pl's. motion for temporary injunction. Apr. 1964: App. Div. reversed denial of Def's. motion to dismiss: (1) "fatal deficiency" of suit is failure to join contracting companies who, with named city and state officials, signed construction agreements; (2) State Commn. for Human Rights does not have primary jurisdiction; (3) in properly constructed lawsuit, "the courts might, if they so elected, take judicial notice" of Defs.-unions' racial discrimination. Appeal pending. Issue: whether state action under 14th Amendment when public funds are channeled to private discriminatory organizations.

Robert L. Carter, Esq., NAACP, 20 W. 40th St.; W. Eugene Sharpe, Esq., 209 W. 125th St., NY; Sanford M. Katz, Esq., 36 W. 44th St., all of NYC.

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573.5. Waters v. Paschen Contractors. (Chicago) (ND Ill., E. Div., #64-C-189) (227 F.Supp. 659) Mar. 1964: Negro-bricklayers sued for injunction and damages; claim Def.-contractors and union conspired to discriminate in employment in construction of fedl. bldg. DC dismissed for lack of jurisdiction: no fedl. right to employment which can be protected in this suit; neither Constitution nor Civil Rights Act gives right to employment; if discrimination shown under Taft-Hartley, exclusive jurisdiction vests in NLRB; labor not being a commodity in commerce, no violation of fedl. Anti-Trust Law; Todd v. Joint Apprenticeship Comm. of Steel Workers, 575.24, distinguished; no showing a fedl. agency sanctioned discriminatory conduct; no violation under color of law.
574. Racial Discrimination by Transportation Companies

574.8. Cooks v. Bro. of Railway Carmen, Locals 991 and 783; and Texas and New Orleans RR. Co. (SD Tex., Houston, #12329) Oct. 1958: 29 Negro employees of Def.-RR. asked permanent injunction to prevent discrimination by Defs. as to lay-offs and promotions on basis of race, $1,885,000. damages claimed for failure to promote Negro-employees on basis of seniority. Pending.

Carl A. Williams, Hannah R. King, Alfred Spivey, and Roberson L. King, Esqs., 810 Prairie St., Houston, Texas.

574.16. Baker v. Bro. Ry. & Steamship Clerks, Louisville & Nashville R.R. (WD Ky., #4605) Jy. 26, 1963: Complaint filed charging Def.-Union and Def.-Co. with discrimination in employment, upgrading and transfer. Defs.' motions for summary judgment pending.

James A. Crumlin, Esq., 608 W. Walnut St., Louisville, Ky.

574.17. Wilcox v. Jacksonville Terminal Co. (Jacksonville, Fla.) (MD Fla., #63-120-Civ.-J.) June 1963: 28 Negro-Pls. sued to enjoin discrimination by Def.-Terminal Co. and Rlwy. Clerks' union as bargaining representative, for court order consolidating Negro and white locals, and for compensatory and punitive damages. Defs.' motions to dismiss pending.

Earl M. Johnson, Esq., 625 W. Union St., Jacksonville, Fla.

575. Racial Discrimination by Unions

575.18. Howard v. St. Louis, San Francisco RR and Bro. of RR Trainmen. (ED Mo., #62-C-358(3)) Negro workers sue, alleging discrimination in admission to union. Pending.

Margaret B. Wilson, Esq., 4332a Easton Ave., St. Louis; Robert L. Carter, Esq., NAACP, 20 W. 40th St., NYC.

575.19. Randolph v. Intl. Exec. Bd., Am. Federation of Musicians. (DC Ohio, #6727.) Pls., members of Local 589, filed suit to end alleged discrimination by Def. Feb. 22, 1964: DC granted Def's. motion to dismiss.

William J. Davis, Esq., 184½ S. High St., Columbus, Ohio.

575.23. In re Housing, Inc. and Local 387 Carpenters' Intl. Union. (Columbus, Miss.) (NLRB, TXD 98-64-28-CA-1578) 1963: Housing, Inc. awarded Govt. contract to build 4 post offices, told by Govt. representative it could not discriminate in hiring (Exec. Orders 10925, 11114), refused to sign wage agreement with Local 387 on ground local did not admit Negroes to membership. Feb. 28: Hearing examiner ruled Housing, Inc. must sign. Pending before full Bd.

And see cases at 573.

575.24. Todd v. Joint Apprenticeship Comm. of Steel Workers of Chicago. (U.S.S.C., #380) (223 F.Supp. 12, 332 F.2d 243) 1963: Pls.-Negroes brought class suit to gain employment as apprentices in iron trade. Oct. 1963: DC held for Pls.: (1) Defs.-union and union apprentice comm. discriminated in accepting apprentices; (2) Defs.-General Services Administrator and Bureau of Apprenticeship & Training, U.S. Dept. of Labor, aided discrimination by continuing to award contracts, to allow construction to proceed, and to accept without review union recommendations for apprentices even when Defs. knew discrimination was being practiced; (3) Def.-City Bd. of Educ. provided instructional facilities for union program with knowledge of discrimination; (4) Def.-contractor did not discriminate; complaint dismissed as to him; (5) Def.-subcontractor did not discriminate, but he is necessary party; (6) Pls. to be admitted to union membership and apprenticeship; (7) costs taxed to union and union apprentice comm.; (8) Pls. cannot sue third-party beneficiaries of Gov't. contract FEP provisions. Pending in U.S.S.C.
575.25. Delaney v. Conway. (N.Y. Co. Sup. Ct., Spec. Term, Part I, #3071-1963) (241 NYS.2d 384) 1963: Def.-Negro longshore union member complained to Commn. of loss of seniority rights, other harassment due to opposition to discrimination on waterfront. Commn. ordered Pl.-Union Local Pres. and certain business to refrain from discrimination and to restore Def.'s seniority rights. Pl.-Union sued to set aside portion of order applicable to it. Commn. filed cross-application to enforce order. May 1963: Sup. Ct. found evidence supported Commn. finding, found fedl. law has not preempted field of civil rights, found no restraint of interstate and foreign commerce activities of union, affirmed.
575.28. Turner, Spivey & Crane v. L.A. Superior Court. (Calif. Sup. Ct., #28038) Feb. 1964: Pls.-Negro real estate men sued for writ of mandate to compel branch of Def. Los Angeles Realty Bd. to admit them to membership; Pls. claim refusal violates Unruh Act, Cartwright Act, public policy of state, and is common law tort. June 19, 1964: Super. Ct. discharged peremptory writ. Defs.' petition pending in Sup. Ct.

And see Morgan, 264.5.

576. Other Racial and Religious Discrimination
And see 63.3, 63.3a, 63.4.

And see San Francisco employment sit-in cases, 58.16-58.18.


576.12a. New York Bd. of Higher Educ. v. Carter. (Ct. of App.) (250 NYS 2d 33) Apr. 2, 1964: Def.-State Comm. on Human Rights attempted to investigate alleged discrimination against Catholic faculty in promotions at Queens College. See Lombardo, 576.12, 13 App. Div. 2d 1097. Pl. claimed exclusive jurisdiction over issues of discrimination in public education. Apr. 2, 1964: Ct. of App. held (4-3): no reason employment in public education different from other state agency; Def. is only agency charged with single duty of attacking discrimination; statute should not be construed to cut down scope of its activity.
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576.13. Calhoun v. General Motors. (Michigan FEPC, #1165.) May 1960: Compl. charged discrimination in promotion, hiring, said denied entry to employee-in-training program. Commr. investigated, found probable cause. 1964: After 2-day public hearing, FEPC adjusted complaint, Comp. admitted to Def's. man-in-training program. Remaining issue: Will Comm. order Def. to list Comp's. date of employment as 1960, when complaint filed, to prevent early lay-off?

Max Dean, Esq., 804 Detroit St., Flint, Mich.

576.16. St. Paul FEPC ex rel. White v. Midwest Bldg., Services. (St. Paul FEPC) (9 RRLR 385) 1961, 1963: Comp.-Negro applied for employment as patrolman to Resp., refused. Oct. 16, 1963: Comp. filed complaint. Mar. 19, 1964: FEPC found Resp. discriminated on ground of race, ordered Comp. employed, paid damages for loss of work, ordered Resp. to indicate within 45 days whether it will comply, ordered case certified to city counsel for prosecution if Resp. does not comply.
576.19. Re Independent Metal Workers Union, Locals 1 & 2, Hughes Tool Co., and United Steelworkers of America. (NLRB cases 23-CB-429, 23-RC-1758, 147 NLRB #166) 9 RRLR 1023) Negro-employee claimed denial of membership in apprenticeship program operated by white local in plant. Trial examiner found: Union maintained separate locals for white and Negro employees in plant; recommended Union be decertified; all-white Union cease coercing employees by refusing to handle their grievances on basis of race or union local membership; cease inducing employer to discriminate in benefits and job opportunities on basis of race; cease refusing to bargain for all employees. Jy. 1, 1964: NLRB rescinded certification of Union; granted recommended relief; ruled Bd. can not render aid under Taft-Hartley Act, §9, to labor organization which discriminates racially when acting as bargaining representative, citing Shelley v. Kraemer.

Robert L. Carter, Esq., NAACP, 20 W. 40th St., NYC.

576.20. Commission on Civil Rights v. Scovill Co. (Conn. F.E.P.C., #1133) (9 RRLR 1013) Negro refused employment, filed complaint. June 18, 1964: Commission found Comp. fulfilled job qualifications, was refused without being given reason, employer stated he would not hire anyone who filed complaint against it for unfair employment practices, ordered Resp. to desist from refusing to hire for that reason.
577. Nationality Discrimination
578. Sex Discrimination
579. Age Discrimination

579.2. Matter of Holsinger v. Walker Mfr. Co. (Wisc. Industrial Commn., #B-62-144) Compl. alleged he was required by Resp. to retire at age 60 with pension provided by Co., when he was able and willing to continue work. Je. 29, 1964: Commn, found plan contrary to FEP Act, §111.32(5), ordered Resp. to cease and desist.
580. Civil Actions under Civil Rights Law Not Otherwise Covered (see 304)

580.6a. Royal News Co. v. Olsen. (Detroit) (ED Mich., Civ. #24262) 1964: Pl. sued Def.-Wayne Co. Dist. Atty. and Detroit police officials under Civil Rights Act for declaratory judgment that Censor Bureau operated by Detroit Police Dept. deprives Pls. and readers of their magazines of First Amendment rights, for injunction against seizures of magazines, and damages for past seizures and criminal prosecutions. June 29: DC denied Def.-DA's motion to dismiss: (1) Dist. Atty., tho quasi-judicial officer, not immune from suit for participation in conspiracy to deprive Pl. of constitutional rights; (2) tho relief requested by Pls. may involve enjoining state court actions against Pl., 28 U.S.C. §§1343 and 2283 empower fedl. ct. to do this; (3) since there is no question of local law which would dispose of controversy, and since deprivation of constitutional rights is alleged, abstentation doctrine not appropriate. Trial date: Feb. 23, 1965.

Goodman, Crockett, Eden, Robb & Philo, Esqs., 3220 Cadillac Tower, Detroit.

580.7. Council of Federated Organizations, Schwerner, Chaney v. Rainey, Ku Klux Klan, Americans for Preservation of White Race, White Citizens Councils, Doe. (CA 5) Jy. 1964: Class suit by Pl.-coordinated organization of all civil rights groups working in Mississippi to register Negro citizens and achieve their full rights of citizenship, parents and wife of murdered civil rights workers, Negro and white citizens of Miss., and parents of COFO workers against Neshoba Co. sheriff, dep. sheriff, Miss. Commr. of Public Safety, Def.-organizations, their members and other white terrorists unknown to Pls., under U.S. Constitution, Art. IV, Amendments 1, 13, 14 and 15, 28 U.S.C. §§1331, 1343, 42 U.S.C. §§1971, 1981, 1983, 1985, 1988, 1989, 1964 Civil Rights Act. Pls. allege Defs. for yrs. conspired under color of statutes, ordinances, regulations, customs and usages of Miss. to subject Pls.- citizens to deprivation of rights, privileges and immunities; Defs. committed acts of violence, specifically: June 19, 1964: with force and violence and use of armed weapons beat several Negro citizens of Co., burned Negro church; June 21: contrived without lawful reason to arrest 3 COFO workers, conspired to remove them from Philadephia, Miss. jail and use other forcible action against them; Defs. continue to conspire to utilize force and terroristic acts to impede and harass Pls. from exercising constitutional rights. Pls. allege no adequate remedy at law in state or fedl. cts.; DC can enforce equitable relief under 42 U.S.C. §1989 by appointing U.S. Commissioners to enforce 42 U.S.C. §1987. Pls. pray for permanent and temporary injunction against all Defs.; appointment of Commrs. to protect Pls. and enforce their right to register. DC issued order to show cause on Jy. 23, 1964. Jy. 30: DC (Mize, J.) dismissed without hearing. Pls. petitioned for mandamus. Aug. 28, 1964: CA 5 issued order to answer application for writ; appeal and writ to be heard together. Pending.

L. H. Rosenthal, Esq., 221 N. President St., Jackson; William M. Kunstler and Arthur Kinoy, Esqs., 511 Fifth Ave., NYC; Ben Smith and Bruce Waltzer, Esqs., 305 Baronne St., New Orleans; Melvin L. Wulf, Esq., 156 Fifth Ave., NYC; Morton Stavis, Esq., 744 Broad St., Newark.

580.9. Seymore v. Catherwood. (N.Y. (Sup. Ct., App. Div., 3d Dept. 1963: Pls.-migratory agricultural workers sued, alleging State Labor Law provision denying unemployment insurance to migratory workers violates equal protection clause of 14th Amendment. Sup. Ct. dismissed. Appeal pending.

Stanley Faulkner, Esq., 9 E. 40th St., NYC.

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590. Criminal Prosecution under Civil Rights Law

590.5. U.S. v. Donald Jones, Wm. King. (Birmingham) (ND Ala.) Aug. 29, 1962: Def. policemen indicted by fedl. grand jury for violating civil rights of Negro father and assaulting son during midnight visit to Negro's home, without warrant. Pending.

R. Macey Taylor, Asst. U.S. Atty., Birmingham.

600. Suits Involving Constitutional Rights of American Indians
601. Civil Actions between Individual Indians and Indian Tribes
602. Civil Actions Against Reservation Indians
603. Criminal Actions Against Indians on Reservations

603.5. Calliflower v. Garland. (CA 9, #19170) Indian charged with violating Tribal Ct. order; pleaded not guilty; tried without witnesses, crossexamination, introduction of evidence; convicted: $25. or 5 days. ED Mont. denied Def's. petition for habeas corpus writ. New petition filed in CA 9. Issues: (1) whether, in exercise of criminal jurisdiction. Indian Tribal Cts. are limited by due process requirements because created by Congress and Dept. of Indian Affairs and function of Cts. is permeated with fedl. and state action; (2) whether Ct. is analogous to municipal cts. (in Dist. of Col.) which come under Fifth Amendment requirements. Pending.

Francis Conklin, Esq., Gonzaga Law School, Spokane, Wash.; Melvin L. Wulf, Esq., ACLU, 156 Fifth Ave., NYC.

604. Actions Involving Property Rights
Law review article: Charles A. Hobbs, Indian hunting and fishing rights, 32 G. Washington U. 504-32.

Comment: Thomas W. Top, State Regulations of Indian treaty rights, 39 Washington U. 165-174.


604.5. Washington Dept. of Game and Fisheries v. Kautz. (Pierce Co. Super. Ct., #158824) Defs. claim rights under Treaty of Medicine Creek, which included several tribes, e.g., the Nisquallys, guaranteeing Indians' right to fish in traditional places. Main source of livelihood for reservation Indians: fishing. Feb. 1964: Super. Ct. issued injunction forbidding reservation Indians from using nets to catch fish. Mar. 1964: Defs. arrested for contempt of ct. for fishing-in with nets. U.S.S.C. denied leave to file petition for habeas corpus. DC denied writ of habeas corpus. Petition for habeas corpus filed in Wash. Sup. Ct., which set hearing two days before Defs. to be released. Writ became moot. Main case pending.

Jack Tanner, Esq., 812 Puget Sound Bank Bldg., Tacoma 2, Wash.

605. Condemnation of Land of American Indian Reservations
Statute: Aug. 31, 1964: President signed into law measure to provide $15,000,000 fund to compensate Seneca Indians for lands taken by U.S. Army Engineers for dam project in violation of Pickering treaty.