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Vol. X, No. 2
April, 1964
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The DOCKET is published three times each year, October to July.



Art 19: Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Art 28: Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.

Art 29: (1) Everyone has duties to the community in which alone the free and full development of his personality is possible.

(2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.

(3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.

Art 30: Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.


Article: Dean Alfange, Jr., Balancing of interests in free speech cases, 2 Law in Trans Q 35.

Homage: To Alexander Meiklejohn, Champion of the First Amendment, by: Baldwin, Barth, Bixler, Black, Buchanan, Burgess, Cohen, Corcoran, Emerson, Frantz, Joughin, Kalven, Kent, Klein, Lamont, Nason, Plimpton, Powell, Tussman, Weiss; Rights, Feb 1965; ECLC, 421 7th Ave., NYC.

FREEDOM OF SPEECH, PRESS, ASSEMBLY (0-99) See also Association (200-299)
10. Licensing
11. Of Meetings (see also 201)
12. Of Motion Pictures (see also 52)

12.10. Gate Film Club v Pesce (USSC, #339) Mar 16, 1964: Pl, exhibitor, deliberately failed to obtain motion picture license under NY Educ Code, to test its constitutionality. Licensing officials threatened prosecution unless license first obtained; Pl canceled showing though no issue of obscenity. SD NY held state license provision does not abridge 1st Amdt. Oct 12, 1964; USSC denied Pl's petition for cert.

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

12.11. Landau v City of Berkeley (Calif Dist Ct of App) Winter 1964: Pl, exhibitor, canceled showing of Genet's film "Un Chant d'Amour" under police threat of arrest and confiscation; sued to enjoin police interference. Super Ct held it had no power to issue preliminary injunction. Calif Sup Ct denied hearing on writ of mandate to compel issuance. Feb 18, 1965: Super Ct denied injunction; held film obscene, despite expert testimony on artistic value and social importance of depicting prison conditions. Appeal pending.

Albert Bendich, Esq., 2890 Telegraph Ave., Berkeley, and Neil F. Horton, Esq., for ACLU of N. Calif.

12.12. Trans-Lux Distributing Corp v NYU Bd of Regents (USSC, #314) (198 NE2d 242) Def refused to grant license to Pl to exhibit Danish film, "A Stranger Knocks" because of 2 scenes of sexual intercourse. Pl sued. NY Ct of App affd denial of license. Mar 15, 1965: USSC reversed, per curiam, citing Freedman, 52.76.

Harry I. Rand, Esq., 1501 Broadway, and Leonard Dickstein, Esq., 20 E. 46th St., both of NYC.

13. Of Peddlers
14. Of Books, Magazines (see also 52)

14.9. Massachusetts Atty Gen v Book Named "Tropic of Cancer" (Mass Sup Jud Ct) Sept 1961: Atty Gen sued to have novel adjudged obscene. Suffolk Co Super Ct found it "obscene, indecent, impure." Jan 8, 1965: Appeal argued. Decision awaited.

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

14.11. Grove Press, Inc v Calissi, Bergen Co Pros (USSC)*
14.15. Larkin v G. P. Putnam's Sons (NY Ct of App) (200 NE2d 760) Facts: X DOCKET 2. July 10, 1964: Ct of App (4-3) reversed, held "Fanny Hill" not obscene.

See 14.19.

14.19. G. P. Putnam's Sons v Calissi, Bergen Co Pros (Hakensack) (NJ Super Ct, Chanc Div) June 1964: Pl, publisher, sought to enjoin enforcement of ban on sale and distribution of "Fanny Hill." Dec 7, 1964: Ct denied injunction, held book obscene under 4 tests: "social value," "prurient interest," "patently offensive," and "hard core pornography"; the Constitution "must be the shield to protect our sense of moral decency." Appeal pending.
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15. Of Miscellaneous Activities

15.5. FCC v Palmetto Broadcasting Co (USSC) Facts: X DOCKET 2. Cite for cert denied: 379 US 843.
15.8. Canon v Justice Court (Calif Sup Ct.) Facts: X DOCKET 2. Cite: 393 P2d 428.
15.10. Goldwater v FCC (USSC) Facts: X DOCKET 2. Cite for cert denied: 379 US 893.
20. Administrative Restrictions
21. By U. S. Customs
22. By U. S. Postmaster

Art 19: Everyone has the right . . . to seek, receive and impart information and ideas . . . regardless of frontiers.

22.15. Heilberg v Fixa (USSC, #848) (236 F Supp 405) Facts: X DOCKET 2. Nov 27, 1964: 3-judge ct held 39 USC §4008 unconstitutional violation of 1st Amdt; enjoined enforcement; granted stay. Feb 1, 1965: USSC noted probable jurisdiction on Govt's appeal; placed on summary calendar with Lamont, 22.18. Feb 24, 1965: US Post Office announced revision of policy of compiling lists of those who express wish to receive foreign "communist" mail, and of releasing lists to HUAC and others.
22.18. Lamont d/b/a Basic Pamphlets v Postmaster Gen (USSC, #491) (229 F Supp 913) Facts: X DOCKET 2. Dec 7, 1964: USSC noted probable jurisdiction. Feb 1, 1965: USSC ordered argued with Heilberg, 22.15; parties to discuss merits and mootness.
23. On Government Information and Secrecy
24. On Students and Professors (see also 223, 262, 281, 342, 571)
Article: William W. Van Alstyne, Student academic freedom and the rule-making powers of public universities, 2 Law in Trans Q 1.

Booklet: Democracy on campus: Editorial; Les Colman, The criteria of democracy; Provisional platform, Berkeley's free speech movement; Student bill of rights, Univ of Chicago; A. Krebs, Professor's story; C. Clark Kissinger, Organizing the knowledge industry; Joyce DeGroot, Persecution in Bloomington; Frank Donner, Political surveillance and informing on the campus. Rights, ECLC, 421 7th Ave., NYC, 31 pp, 25c.

24.31. Finot v Pasadena Bd of Educ (2d Dist Ct of App, Civ #29176) Facts: X DOCKET 3. Correction: 1963: Pl, teacher, transferred to nonclassroom job for wearing beard. Appeal pending.
24.35. Williams v Sumter School Dist No 2 (ED SC, #AC-1534) Facts: X DOCKET 3.* Correction: Counsel: Jenkins & Perry, Esqs., 1107½ Washington St., Columbia; Donald James Sampson, Esq., 125½ Falls St., Greenville; Ernest A. Finney, Jr., Esq., 16½ W. Liberty St., Sumter, S.C.
24.36. Kline v Myerson, Chancellor (Alameda Co) (Super Ct, #349028) Nonstudent arrested for holding up sign with "obscene" word on it. (See California v Thompson, 52.78.) Pls arrested for using same word at rally in defense of Thompson. Mar 19, 1965: Def Univ began disciplinary proceedings against Pls. Mar 29: Super Ct granted preliminary writ of prohibition restraining proceedings on campus. At hearing to show cause, Pls alleged (1) denial of right against self-incrimination, (2) 1st Amdt liberties, (3) distinction between privileges and rights is obsolete, (4) doctrine of unconstitutional conditions, (5) due process rights of students. Preliminary writ denied. No appeal.

Peter Franck, Esq., 2890 Telegraph Ave., George Lydon, Esq., 2975 Sacramento St., both of Berkeley.

See also California v Thompson, 52.78.

24.37. California v Savio (Univ of Calif—Berkeley) (Berkeley-Albany Muni Ct, ##C 7468-7547) Sept 21, 1964: Univ administration announced new rules prohibiting on-campus solicitation of funds or recruitment of students for off-campus political activity. After negotiations, demonstrations, disciplinary actions, Dec 2: 1000 Free Speech Movement members entered Univ administration bldg to stay. Dec 3: Gov Brown took charge from Sacramento; 3:30 a.m. Chancellor ordered students to leave or face arrest; many students went limp. 700 police from 2 cities and state highway patrol dragged out and arrested 780 students; charges: trespass in public building (Pen C §602(o)), failure to disperse (§409), resisting arrest (§148). Dec 4: student and teaching assistant strike.

Dec 8: Univ Academic Senate (of tenure profs) voted 824-115: (1) all Univ restrictions on content of speech or advocacy should end, (2) student discipline should be in hands of faculty comm, (3) no Univ action should be taken against students involved in current protests.

Jan 26, 1965: Defs filed notice that pending case may constitute a "big case," citing US Judicial Conf Handbook on Big Cases, 25 Fed Rules Decisions 351; filed demurrer alleging statutes on their face and as applied (1) deny due process and equal protection because arbitrary and vague; (2) deny free speech, impose prior restraints, limit academic freedom under US and state constitutions, with brief discussing nature of civil disobedience; filed motion for pretrial hearings and consolidation of cases, with long brief on (1) need for joint trial to insure justice to Defs, in public interest, in interest of administration of justice—rather than ct-proposed 80 trials of 10 Defs each; (2) need for pretrial in this crim case as in civil cases, tho not given by statute; (3) statutory history and construction show statutes here not intended to apply to mass student sit-in of Univ bldg, with proposed agenda for pretrial conf. Ct overruled demurrer, granted limited pretrial on basis of ct's inherent power.

65 Defs pleaded nolo; to be sentenced.

State rejected Defs' request for 1 mass jury trial, for 1 representative jury trial; agreed to 1 nonjury trial of 150 Defs, other cases to await decision. Apr 1: trial commenced.

Malcolm Burnstein, Esq., 1440 Broadway; John J. Dunn, Esq., 1924 Broadway; Stanley P. Golde and Howard Jewel, Esqs., Latham Square Bldg.; Joseph Landisman, Esq., Am. Trust Bldg.; and Milton Nason, Esq., Latham Square Bldg., all of Oakland; Prof. Richard M. Buxbaum, UC Law School, and Henry M. Elson, Esq., 2020 Milvia, both of Berkeley; Norman Leonard, Esq., 1182 Market, San Francisco; and many other volunteer attorneys, for shorter periods.

See A suggestion for dismissal—containing faculty documents and creative analysis of current academic freedom problems, filed Jan 1965 by 210 Profs, incl Prof Jacobus tenBroek, UC Poli Sci Dept, Berkeley, from whom copies may be ordered.

And see Savio, 401.23.

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24.38. McCoy v La Bd of Educ (CA 5, #21567) (332 F2d 915) Dec 5, 1964: Pl Negro student in desegregation suit, 522.La.18, suspended from college as result of arrest for "battery" after beating of Pl by number of white persons. Dec 18: Pl filed motion for additional relief. Dec 31: CA ordered Pl conditionally reinstated pending hearing Jan 11, when all charges dropped. Feb 9: order vacated after Pl dropped from school for academic deficiency.

A. P. Tureaud, Esq., 1821 Orleans Ave., New Orleans.

25. On Miscellaneous Activities

25.11. Belshaw v City of Berkeley (Alameda Co Super Ct, #338851) Facts: X DOCKET 3.* Dec 31, 1964: Super Ct granted writ of mandate to vacate suspension and expunge record, judgment for $668 back pay; held personnel regs, as applied, violate due process for vagueness; suspension violates 1st Amdt. Def's appeal pending.
25.12. Forstner v Civil Service Comm (Calif Dist Ct of App) Facts: X DOCKET 3.* Correction: Not in fed DC; DCA denied supersedeas, Pl remained on job pending appeal. Pending.
25.13. Roberts, Major v Stahr (CA DC, #17801) 1962: Pl dismissed from Army for unauthorized speech to DAR convention criticizing govt officials. DC dismissed Pl's request for reinstatement. CA held: Pl fired without procedural safeguards, but did not rest on due process; valid dismissal required: "(1) secretarial approval of processing . . ., (2) screening by headquarters, (3) review by the Army Active Duty Bd, and (4) final approval by the Secretary."

Oliver Gasch, Esq., G. Bowdoin Craighill, Esq., Caesar L. Aiello, Esq., Washington, D.C.

Monroe H. Freedman, Esq., for amicus ACLU.

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

30.1. Independent Productions Corp and I.P.C. Distributors, Inc v Loew's, Inc (SD NY, Civ #110-304) Facts: X DOCKET 4. Oct 1964: Jury verdict for Defs. No appeal.
30.13. Turn Toward Peace v Al Molaikan Temple (L.A. Muni Ct, #908264) Facts: X DOCKET 4. Muni Ct ruled for Def. Appeal pending.
40. Contempt (see also 63, 330s)
41. Of Federal Courts

41.3a. US v Barnett (CA 5) Facts: 41.3, at X DOCKET 4, 1962: 4 crim contempt charges against Def, Gov, during Meredith's attempt to enter Univ of Miss, 522.Miss.1. Dec 31, 1964: US moved to dismiss 2 counts charging failure (1) to execute responsibility to maintain law and order; (2) to maintain order Sept 30, 1962. Pending.
41.4. New York v S. Bonanno (SD NY) Dec 1964: Def, son of reputed underworld figure (see Bufalino, 314.4), called father's atty to inform him father alive. Jan 1965: Def refused to tell father's whereabouts to grand jury, claimed atty-client privilege. Mar 2: DC held privilege not valid since atty represented father, not Def; sentenced Def to indefinite term for civil contempt, rejected plea for criminal contempt.

Albert J. Krieger, Esq., 401 Broadway, NYC.

41.5. Pls and US v Maddox (ND Ga, Atlanta Div) Facts: Pickrick, 552.Ga.16 at X DOCKET 78. After DC issued injunction under 1964 Civil Rights Act, Def closed restaurant-corporation, reopened with different name under personal management, continued discrimination. 4 Negroes sued, alleging denial of service, pushing. US intervened. Feb 5, 1965: DC (Hooper, J) convicted Def of civil contempt; fined $200 per day until ceases discrimination or closes cafe.
41.6. US v Keyes, Bassin (ED Mo) Supporters of Conscientious Objectors on trial for failure to report for induction (see Goddard, 122.35) stood up in court, announced they were CO's too and demanded equal treatment. Judge ordered them to be seated. Defs went to judge's chambers, were forcibly removed by US Marshalls. Cited for contempt as judge had declared his chambers off-limits; 6 mos.

St. Louis Civil Liberties Comm., 933 Lay Rd., St. Louis.

And see Sturgis, 371.10, and cases at 120s.

42. Of State Courts

42.12. Holt and Dawley v Virginia (USSC, #464) (136 SE2d 809, c.g., 379 US 957) Facts: X DOCKET 4. USSC granted cert. May 1965: Argued.
42.18. New Mexico v Morris, Harrison (Resp-Appellant) (NM Sup Ct, #7684) Facts: X DOCKET 4.*

Amicus appearances by William Schaab, James Sidwell, Paul A. Phillips, Esqs., all of Albuquerque; Royall, Doegel & Rogers, Esqs., NYC; Seth Montgomery, Federici & Andrews, Esqs., Santa Fe.

42.20. Maryland v Murray (Baltimore Ct) June 2, 1964: Ct issued order restraining Def family (Pls in 111.22, 374 US 203) from having any contact with Jewish girl whose family objected to the erosion of her faith. Def-son married girl; Defs moved to Hawaii. July 22: Mrs. Murray and son tried in absentia; convicted of contempt: 1 yr and $500; 6 mos.
42.21. Kentucky v Taylor (Louisville Ct) 1964: Judge held city public accommodations ordinance unconstitutional; appeal pending. Defs arrested while testing segregation in public place. At trial, defense atty sought mistrial on ground that ordinance operative though appeal as to constitutionality pending. Judge asked if atty thought he could get a fair trial for his clients. Atty asked what would happen to him if he answered in negative. Judge declared mistrial, found atty in contempt.

Daniel T. Taylor, III, Esq., Louisville.

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42.22. Robinson v Alabama (Gadsden) (Ct of App, 7th Div, 747) (168 So2d 491) 1964: Cir Ct issued injunction against racial demonstrations; made oral order to arrest violators. Defs arrested: contempt. Oct 6: Ct of App held: warrant of arrest based on affidavits showing probable cause necessary to charge contempt; action of sheriff amounted to only informal citation to show cause; Cir Ct had no power to make anticipatory findings of contempt; Pets entitled to hearing before commitment for alleged contempt.

And see New York v Tepedino, 62.2.

42.23. Stallworth, Bevel, Goldsby v Clark (Selma) (SD Ala, ##3565, 3581, 3590-65) Jan 1965: 35 arrested for violating state ct injunction: contempt. Feb 8: DC, without hearing, denied petitions for habeas, denied stays pending appeal. DC signed certificates of probable cause. Feb. 11: CA 5 remanded to DC for immediate hearing or granting of stays. Defs released on $100 bail each.

NAACP Inc. Fund, 10 Columbus Circle, NYC.

And see other Selma cases: 51.45, 55.72, 55.101, 58.43, 59.35, 59.35a, 63.28, 63.28a, 580.10.

43. Of Other Agencies (see also 270s, 330s)
50. Criminal Sanctions
Paper: Chester M. Pierce and Louis J. West, M.D.s, Six years of sit-ins: Psychodynamic causes and effects. 13 pp. Am Psychiatric Assn, 1964.
51. Against Disorderly Conduct and Similar Offenses (see also 55, 541, 542, 551, 552)

51.25. Rev Cox v Louisiana (USSC, #24) Facts: X DOCKET 5; addendum: Police Chief approved peaceful demonstration of 2,000 on west side of street near cthouse; 150-300 whites watched. Singing, clapping, Def's speech; teargas; all dispersed; no arrests. Def arrested next day. Jan 18, 1965: USSC reversed, Goldberg, J: (1) La statute on disturbing peace unconstitutionally broad; (2) Def's appeal to Negroes to sit in at lunch counters was protected free speech; (3) no violence by Negroes; (4) police could have handled hostile whites if necessary; (5) broad La statute on obstructing public passage provides no standards, no administrative regulations but officials permit some parades which obstruct streets in own unfettered discretion; (6) statute as applied unwarranted abridgment of Def's First Amdt freedoms. Black, J.; Clark, J., conc; White, J (Harlan, J) diss in part.

Carl Rachlin, Esq., CORE, 38 Park Row, NYC.

And see Louisiana v Cox, 51.25a, 53.5.

51.25a. Louisiana v Rev Cox (Baton Rouge) (USSC, #49) (158 So2d 172) (p.j.n. 377 US 921) Facts at 51.25, X DOCKET 5. Jan 18, 1965: USSC (5-4) reversed, Goldberg, J: (1) La statute, patterned after 18 USC §1507 to prohibit picketing of cthouses, valid on its face; (2) rejected Defs' no clear and present danger argument; (3) from 2,000 demonstrating at cthouse against "illegal" arrest of 23 students could infer intent to influence judges; (4) Def demonstrating near, not in, cthouse, with police permission; to sustain conviction would be sort of entrapment, citing Raley v Ohio, 360 US 423. Black J (White, Harlan, JJ) diss; Clark, J., diss.

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

51.44. City of Plaquemine, La v Farmer (Muni Ct) Facts: X DOCKET 5.*

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

51.45. Alabama v 200 Defs (Selma) (Dallas Co Cir Ct, Ct of App) Facts: X DOCKET 5. On appeal, after trial de novo, parading without permit convictions affirmed. Other trials and appeals pending.
51.49. Pennsylvania v Anderson (formerly listed as Anderson v City of Chester, Pa) (Delaware Co Ct, ED Pa, ##21764-21787) Facts: X DOCKET 5.*

Profs. Anthony G. Amsterdam, Caleb Foote, and Bernard Wolfman, Esqs., 3400 Chestnut St., Philadelphia.

51.50. Pennsylvania v Dotort (Super Ct of Pa, #572) Facts: X DOCKET 5. Mar 19, 1965: Super Ct affirmed: case not reviewable on merits, no denial of due process in imposing penalty for violation of ordinance when Defs acquitted on common law charge arising out of identical act. Petition for cert pending before Pa Sup Ct.
51.53. California v Huss, Krauss, McLaughlin, Holstein, Reeves (Los Angeles) (2d Dist Ct of App, Crim #9930) Facts: X DOCKET 6.*

Ct-appointed: Thomas LeSage, Esq., 61 S. Lake St., Pasadena.

51.56. New York v Callender, Galamison (342 F2d 255) (USSC) Facts: X DOCKET 6 and 24 (at 73.) Jan. 1, 1965: CA 2 (2-1) remanded. Petition for cert pending.

John E. Silverberg, Esq., 15 Park Row, Carl Rachlin, Esq., 165 W. 46th St., both of NYC.

See removal aspects at 73., X DOCKET 101.

And see 51.56a, 58.24, 63.26.

51.56a. New York v Prinz, Officers, Am Jewish Congress (NYC Crim Ct, Queens Co ##B3244-B3256) Facts: X DOCKET 6. July 29, 1964: Ct found Defs not guilty: State involvement makes Fair sufficiently public for application of 1st and 14th Amdts; picketing peaceable, no likelihood of disorder.

And see 58.24.

51.62. New York v Boutelle (Harlem) 1964: City obtained injunction against public assemblages in Harlem during period of social disturbance. 54.9a at X DOCKET 10. Def, candidate for State Senate, attempted to address public in streets. Arrested: disorderly conduct. At trial: acquitted.

Nanette Dembitz, Esq., for NYCLU, 156 Fifth Ave., NYC.

51.63. New York v Callender (NYC Crim Ct) July 15, 1964: Def, CORE chairman, with CORE-member undercover police agent, attempted to make citizen's arrest of NYC Mayor Wagner for misappropriation of public funds by expenditures on construction projects that discriminate against Negroes in employment, despite city and state FEP laws. Arrested: disorderly conduct. Nov 25: convicted; 60 days.
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51.64. Michigan v David and Higgins (Detroit Recorders Ct) Oct 24, 1964: Defs, Negro Freedom Now Party member and socialist candidate for US Congress, involved in altercation with off-duty police in front of party office. Defs arrested: assault and battery; bystanders and those who attempted to intercede charged with obstructing an officer. Chief of police wrote that police "may have precipitated the incident by making uncalled-for racial remarks." Feb 11, 1965: After jury trial, 2 Defs found not guilty. Mar 16: 3 Defs tried.

Milton R. Henry, Esq., 84 Auburn Ave., Pontiac; O. Lee Mollette, Esq.

51.65. Florida v Rev Atkins (Tampa) (Polk Co Cir Ct. App #450) June 1964: State NAACP officer sought information from police regarding NAACP Youth Council members arrested in civil rights demonstration; arrested: obstructing police officer. Dec 7: After jury trial in crim ct, found guilty; 90 days. Motion for new trial denied. Appeal pending.

Francisco A. Rodriguez, Esq., 2921 N. 22d St., Tampa.

51.66. California v Buice, Coleman, and Nelson (L.A. Muni Ct) Spring 1964: Defs, Black Muslims, sold Muslim newspaper in front of Muni Ct bldg; arrested: battery and disturbing the peace. Mar 1964: At trial, Defs alleged police harassment during peaceful sales. Convicted. Appeal pending.

Arthur Mabry, Esq., 2057 W. Jefferson Blvd., Los Angeles.

51.67. California v Carmiencke (2d Dist Ct of App, #2 Civ 28779) Aug 1964: Def arrested while wearing topless bathing suit on public beach; charged with outraging public decency (Pen C §415), disturbing the peace (Pen C §650½). Oct: Def sought writ of prohibition in Sup Ct alleging denial of due process on grounds of vagueness, infringement of 1st Amdt. Sup Ct transferred to Dist Ct of App. Pending.

Ronald E. Landers, Esq., 8303 Melrose, Los Angeles.

Amicus appearance by ACLU of S. Calif.

51.68. Florida v Geisen (MD Fla, ##64-190, 64-240 Cr J) Defs, CORE workers, discussed voter registration with Negro tenant farmer; arrested: breach of peace, traffic violation. Defs removed to DC. Oct 19, 1964: Defs withdrew removal petition in traffic case when city agreed to drop charge. Pending.

Ernest Jackson, Esq., 410 Broad St., Jacksonville.

51.68a. Florida v Pinkney (MD Fla, #64-191 Cr J) July 19, 1964: Defs, voter registration workers, arrested: using profanity on open highway; allowing unauthorized person to drive car. July 27: Def filed removal petition; see 51.68a at 73.

Ernest Jackson, Esq., 410 Broad St., Jacksonville.

51.69. Mississippi v 42 Defs (Itta Bena) (Leflore Co Cir Ct) June 18, 1963: Defs had voter registration meeting in church; tear gas bomb thrown into meeting. On way to sheriff's house to ask protection, Defs attacked with rocks, bottles. Sheriff arrested 42 Defs: disturbing the peace. Police Ct and Co Ct convicted: boisterous conduct, throwing rocks and bottles, blocking streets: $200 and 6 mos in prison. Appeals pending.

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

51.70. Georgia v Ricks (Moultrie) (City Ct) Feb 16, 1965, 1 a.m.: Def, Negro SNCC worker, entered courthouse, pulled "white only" sign off drinking fountain, arrested: defacing public property; released on property bond; pending.

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

52. Against Obscenity (see also 12, 14, 580)
Article: Elmer Gertz, The Illinois battle over "Tropic of Cancer," 46 Chi Bar Record 161.
52.33. California v Aday (USSC, #500) Facts: X DOCKET 7. Dec 7, 1964: USSC denied cert.
52.48. Connecticut v Huntington (Hartford Co Super Ct) Facts: X DOCKET 7. Oct 29, 1964: Sup Ct reversed conviction, remanded for further proceedings in conformity with Gerstein, 14.16, 378 US 577. Nov 13, 1964: Super Ct found Def-bookseller not guilty, "Tropic of Cancer" not obscene.
52.56. US v Ginzburg (USSC, #807) Facts: X DOCKET 7. Nov 6, 1964: CA affirmed conviction. Petition for cert pending. Amicus ACLU urges adoption of "clear and present danger" test in obscenity cases.
52.57. Chicago v Bruce (Ill Sup Ct, #37902) Facts: X DOCKET 7. Nov 24, 1964: On reconsideration in light of USSC decision subsequent to earlier affirmance, Ill Sup Ct reversed conviction. "Balancing" test no longer applicable; material having any social importance is constitutionally protected, performance not obscene.

McCoy, Ming & Leighton, Esqs., 123 W. Madison St., Chicago.

52.65. US v Walker (CA 4, #9306) Facts: X DOCKET 7. Correction: erroneously described as pending in CA 5. Dec 10, 1964: Appeal dismissed by agreement of parties.
52.66. US v 18 Packages of Magazines (ND Calif, S Div, #41194) Facts: X DOCKET 7. Dec 1964: DC (Wiegel, J) granted Def's motion for summary judgment; held 19 USC §1305 (1842) unconstitutional under A Quantity of Books, 52.72, 84 S Ct 1723, because no adversary judicial hearing on obscenity before seizure. DC rejected Govt contention Congress's control of foreign commerce not subject to restriction by 1st Amdt. Govt dismissed appeal to USSC, released magazines.
52.70. New York v Bruce, Solomon (SD NY) Facts: X DOCKET 8. Nov 1964: Def-Bruce appeared in pro per. Removal efforts failed. 3-judge Crim Ct (2-1) found Def guilty of making "obscene, indecent, immoral and impure" performances "of little social significance"; Def-cafe-owner guilty of permitting obscene performance. Ordered psychiatric evaluation of Defs. Dec 16: Def-Bruce sentenced to 4 mos. NY Sup Ct granted certificate of reasonable doubt; Def released on bail pending appeal. Jan 1965: Def-Bruce seeks declaratory judgment that performances not obscene and injunction against interference with performances and mailing of records in action against Postmaster Christenberry and DA Hogan. Pending. Ernst H. Rosenberger, Esq., 80 William St., NYC; Allen G. Schwartz, Esq., 733 Third Ave., NYC.

And see Chicago v Bruce, 52.57.

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52.76. Freedman v Maryland (USSC, #69) (197 A2d 232 p.j.n., 377 US 987) Facts: X DOCKET 8. Mar 1, 1965: USSC (unan.) reversed, Brennan, J.; held: (1) Def properly raised constitutionality of entire Md censorship act by attacking §2 as related to rest of Act; (2) censor may be less responsive to protect free speech than ct, which is independent branch of govt; (3) stated procedural safeguards: (a) burden of proving film unprotected expression rests on censor; (b) procedure must include final judicial determination, prompt administrative action and judicial decision; see acceptable statute in Kingsley Books, 52.5, 354 US 436. Douglas, Black, JJ.

Felix J. Bilgrey, Esq., NYC.

52.78. California v Thompson (Alameda Co Super Ct) Mar 1965: Nonstudent Def arrested on UC campus for holding up sign with "obscene" word on it. Charged with outrage to public decency and disturbing peace. 4 students arrested for repeating word at rally in his defense. Trials pending.

Peter Franck, Esq., 2890 Telegraph Ave., George Lydon, Esq., 2975 Sacramento St., both of Berkeley.

See also Kline v Myerson, 24.36.

52.79. Illinois v Sikora (Chicago) (Ill Sup Ct) Def, manager of mail order book house, convicted of violating Ill Crim Code prohibition of sale of obscene books; $1000 fine. Code defines obscenity as appealing predominantly to prurient interest. Jan 21, 1965: Sup Ct affirmed.
53. Against Defamation (see also 61)

53.4. Louisiana v Moore (19th Jud Dist, E Baton Rouge Parish Ct)*
53.5. Louisiana v Cox (La Sup Ct, ##47018, 47019) (167 So2d 352, 359) Facts: X DOCKET 8.*

Robert F. Collins and Nils R. Douglas, Esqs., 2211 Dryades St., New Orleans; Murphy W. Bell, Esq., 971 S. 13th St., Baton Rouge; Marvin Karpatkin, Esq., 660 Madison Ave., NYC.

53.6. Garrison v Louisiana (New Orleans) (USSC, #4) Facts: X DOCKET 8. Nov 23, 1964: USSC reversed (unan.), Brennan, J: (1) modern consensus is against criminal libel statutes; (2) La. act is not narrowly drawn: rejects clear and present danger standard, not limited to speech calculated to cause breach of peace; (3) interest in private reputation is overborne by larger public interest when criticism is of public officials in conduct of public business; (4) under First Amdt, no adverse consequences except for "knowing" or "reckless disregard for the truth"; (5) even if he spoke out of hatred, if honestly believed, no penalty. Douglas, J (Black, J), conc; Black, J (Douglas, J) conc; Goldberg, J, conc.

Eberhard P. Deutsch, Esq., New Orleans.

53.8. Kentucky v Ashton (Ky Ct of App, #W-125-64) Facts: X DOCKET 8. Jan 22, 1965: Appeal argued. Decision awaited.
54. Against Sedition, Criminal Anarchy (see also 241-44)

54.7b. Georgia v Wells, Harris (Dougherty Co Super Ct) Facts: X DOCKET 9. Correction: (Dougherty Co Super Ct)*

And see 54.7c.

54.7c. Wells v Hand (MD Ga, #821) Facts: X DOCKET 9. Feb 25, 1965: 3-judge ct ordered bail reduced from $2500 to $1000 each; denied all other relief. Mar 24: Super Ct reduced bail. Mar 26: Pl filed notice of appeal to USSC. Issues on appeal: Did 3-judge ct err in (1) denying injunction against continued prosecutions under statute previously declared unconstitutional by USSC; (2) denying on grounds of comity, injunction against further prosecution under statute assumed to be unconstitutional on face and as applied where one Pl bound over for trial and arrest warrant issued for other Pl; (3) failing to hold Ga Code §26-904 (circulating insurrectionary writings) unconstitutional on face and as applied. Pending.
54.9. New York v Epton (NY Sup Ct, 1st Jud Dist) Facts: X DOCKET 9. Apr 9, 1965: Trial pending.

And see 54.9a.

54.9a. New York v Epton and Lynn (NY Sup Ct, 1st Jud Dist) Facts: X DOCKET 10. Mar 30, 1965: On motion of DA, Sup Ct dismissed on ground that Defs' cases under investigation by grand jury in Barnett, 333.20.

And see 54.9.

54.9b. New York City v Rosen (NY Sup Ct, 1st Jud Dist) July 1964: Racial disorders in Harlem following killing of Negro boy by police. July 25: NYC obtained temporary restraining order prohibiting demonstrations by Progressive Labor Movement. Aug 7: Sup Ct issued temporary injunction against public meetings and protest activity by PLM, Harlem Defense Council, Community Council on Housing, and "all persons and organizations affiliated with them." State Senate candidate and several others arrested. See Boutelle, 51.62; Epton and Lynn 54.9a. Aug 8: Street corner rally by Freedom Now Party broken up. NYCLU filed motion to intervene; City's motion to withdraw injunction granted.

And see Epton, 54.9.

54.10. Pennsylvania v Hassan (Philadelphia) (Ct of Common Pleas) Nov 10, 1964: Def, Negro leader, convicted of inciting Aug riots. Jan 11, 1965: Def fined $1000; sentenced to 18 mos-3 yrs. Judge said Def caused 4 million dollars' property damage, city expenditure of 1.5 million; "but for grace of God and police dept you would be before court on murder charge."
54.11. Mississippi v Lewis (McComb) (SD Miss, Jackson Div, ##3604-3622) Sept 20, 1964: Following latest of series of bombings of Negro homes and churches, angry crowd of Negroes gathered to view destruction, some threw objects at police; COFO workers convinced crowd to disperse. Sept 20-23: 25 arrested, held until Sept 24 without being informed of charges. 18 Defs charged under new Miss crim syndicalism law (SB 2027, Act of June 11, 1964); $5000 bond. Oct 5, 1964: Defs filed removal petition, alleging unconstitutionality: vagueness and indefiniteness, no standards of what conduct is illegal, unlimited discretion in local authorities, violation of 1st Amdt. Pending.

Carsie Hall and Jack Young, Esqs., 115½ N. Farish St.; R. Jess Brown, Esq. 1251½ N. Farish St.; Henry M. Aronson, Esq., 507½ N. Farish St., all of Jackson; NAACP Inc. Fund, 10 Columbus Circle, NYC.

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

55.16. Shuttlesworth v Alabama (Birmingham) (USSC, #423) Facts: X DOCKET 10. Mar 1, 1965: USSC granted cert.
55.18a. Alabama v Banks, Allen (Talladega) (Ala Sup Ct) Ct of App affirmed convictions of 11 of 1962 sit-in Defs; denied rehearing. Sup Ct struck petition for cert: failure to serve copy on State Atty Gen. State officials refused to dismiss prosecution under USSC decisions in Hamm, 552.SC.4d, and Lupper, 552.Ark.2. Dec 21, 1964: Sup Ct granted 90-day stay for additional pleadings. Defs filed application for leave to petition for coram nobis in Ct of App.

Arthur Shores, Esq., 1527 5th Ave. N., Birmingham.

And see 55.18, 63.2.

And see Alabama v Gray, 63.2.

55.26. North Carolina v Frinks (USSC) Facts: X DOCKET 10. Cite for cert denied: 379 US 863.
55.28. Illinois v Tranquilli, Thomas, J. Lewis, Bridges (Cairo) (Justice of Peace Ct, Alexander Co Ct) Facts: X DOCKET 10. All cases dismissed on motion of DA.


55.36. Chase v McCain, Chase v Aiken (WD Va, #575) (337 F2d 579) Facts: X DOCKET 11. Pending on remand from CA 4.
55.36a. Virginia v Defs (Danville) (Va Sup Ct of App) 1963: 16 Defs sat in at theaters, restaurant; trespass, inducing minors to commit misdemeanors. Dec 10: Muni Ct convicted Defs of trespass. Jan 30: Juv Ct convicted Defs of inducing minors. All appealed to Corporation Ct. Mar 23, 24: 18 Defs convicted: parading without permit; appealed. 10 Defs: trespass, 2 counts. Defs moved to dismiss under Lombard, 552.La.2, 373 US 267, Peterson, 552.SC.8, 373 US 244; Ct ordered mistrial. 43 appeals pending in Sup Ct of App.

J. Levonne Chambers, Esq., 405½ E. Trade St., Charlotte, N.C.

And see 55.35, 263.5, 304.28.


55.37-55.66. City of Albany v Defs. Facts: X DOCKET 11. Correction: After conviction cases do not go to county court on appeal for trial de novo; petitions for cert taken to Super Ct where have been held for periods up to 3 yrs without any action taken.
55.67. US v Anderson (MD Ga, Albany Div; ED Mich) Facts: X DOCKET 11. Def-Anderson's sentence on nolo plea suspended.

1964: Storekeeper Smith sued US for damages for failure to protect him in his role as juror; sued SNCC, Albany Movement, and Defs here for damages for conspiring to harm his business.

And see 55.68, 63.5, 304.21.

55.68. US v Rabinowitz (CA 5, #21256)*

And see Singer, 392.2; Anderson, 55.67, 63.5.

55.69. New Jersey v Whipper (Elizabeth) (Union Co Ct App, #610) Facts: X DOCKET 11. Oct 10, 1963: Defs convicted: $100 each.

Calvin Hurd, Esq., 1109 Elizabeth Ave., Elizabeth, N.J.

55.70a. New York v Galamison (Crim Ct of NYC) (NY Sup Ct, Crim Term, #2574/64) (42 Misc2d 387) Defs in 55.70 who demonstrated at Downstate Medical Center construction site sought prosecution by indictment and removal to Crim Term on ground could not get fair trial in Brooklyn Crim Ct because of prejudice of judges. Atty alleged judges had told him demonstrations Communist-inspired, Defs acting as Reds. Mar 30, 1964: Crim Term denied: code provides for discretionary removal only for misdemeanors or crimes; disorderly conduct an offense, not crime; denied as to those charged with misdemeanors also: none of grounds for removal present; any Crim Ct judges who are prejudiced will undoubtedly disqualify themselves; granted motion as to 17 Defs who would lose valuable property rights (professional licenses, civil service jobs); additional safeguard of prosecution by indictment appropriate in circumstances. Pending before grand jury; 220 other Defs pending in Crim Ct.

Ray H. Williams, Esq., 1160 Fulton St., Brooklyn.

55.71. Wisconsin v Givens, Weaver, Taylor (formerly v 3 Defs) Wis Sup Ct) Facts: X DOCKET 12. Aug 30, 1963: 5 more demonstrators arrested. 3 original Defs found not guilty in Co Ct jury trial. Co Ct trial of 5 Defs: guilty. On appeal to Cir Ct, DA struck all 4 Negroes from jury; guilty: $100. Apr 30, 1965: Appeal argued; decision awaited.

Thomas M. Jacobson, Esq., 110 E. Wisconsin Ave., Milwaukee.

55.72. Alabama v 10 Defs (Selma) (Crim Ct) Facts: X DOCKET 12. Removed to DC.
55.77b. Shelton v City of Birmingham (Ala Sup Ct)*
55.77c. Shuttlesworth v City of Birmingham (Ala Ct of App, #25988)*
55.77d. Fowkes v City of Birmingham (Ala Ct of App, 6th Div, #5)*
55.77e. Smith v City of Birmingham (Ala Ct of App) Facts: X DOCKET 1. Oct 6, 1964: Ct of App reversed. Ordinance does not apply; steps of city hall not a "sidewalk."
55.77f. Carter, Webster v City of Birmingham (Ala Ct of App, 6th Div, ##161, 7) (171 So2d 100, 1077) Facts: X DOCKET 12. Oct 6, 1964: Ct of App affirmed. Jan 21, 1965: Ala Sup Ct denied cert.
- 94 -

55.77h. Cruikshank v City of Birmingham (Ala Ct of App, 6th Div, #17)*
55.77i. City of Birmingham v H. Middlebrooks, Lee (Ala Ct of App) Defs convicted of trespass after warning. Oct 6, 1964: Ct of App reversed, on authority of Gober v City of Birmingham, 552.Ala.11, 373 US 374, and Peterson v City of Greenville, 552.SC.8, 373 US 244.

Orzell Billingsly, Jr., Esq., 1630 4th Ave. North, and Arthur Shores, Esq., 1527 5th Ave. North, both of Birmingham.

55.77j. City of Birmingham v L. Middlebrooks (USSC) Def convicted of loitering after warning, refusing to obey police officer. Oct 6, 1964: Ala Ct of App affirmed. Nov 19: Ala Sup Ct denied cert. Jan 21, 1965: Sup Ct granted 90-day stay of execution. Petition for cert pending before USSC.

Orzell Billingsly, Jr., Esq., 1630 4th Ave. North, and Arthur Shores, Esq., 1527 5th Ave. North, both of Birmingham.

And see 24.32, 63.7.

55.81. City of Meridian, Miss v Allen, Rembert (formerly Mississippi v 25 Meridian Defs) (SD Miss, Merdian Div, ##5168-5192) Facts: X DOCKET 12. July 7, 1964: DC remanded to Muni Ct.

L. H. Rosenthal, Esq., 221 President St., Jackson, Miss.; Samuel W. Fancher, Esq., 716 Old Nat'l Bank Bldg., Spokane, Wash.; Bernard J. Fieger, Esq., 942 First Nat'l Bank, Detroit.

55.81a. Brown v City of Meridian (CA 5, #21730) Facts: X DOCKET 12.

Betty Ann Cooper, Esq., 294 Washington St., Boston; Carsie Hall, Esq., 115½ N. Farish St., Jackson, Miss.; Anthony G. Amsterdam, Esq., 3400 Chestnut St., Philadelphia, Pa.

55.82. City of Columbus, Miss v Galloway and Mays (formerly Mays and Galloway v Miss) (ND Miss, #ECR-64-33) Facts: X DOCKET 12.

L. H. Rosenthal, Esq., 406 Medical Bldg., Jackson.

55.83. Mississippi and City of Greenwood v Carmichael (City Ct; ND Miss, #GCR 6429) (CA 5) Facts: X DOCKET 13. Dec 30, 1964: DC remanded to City Ct. Appeal to CA 5 pending.
55.83aa. City of Greenwood v Weathers, Cole, Brooks (formerly Mississippi and City of Greenwood v) (CA 5) Facts: X DOCKET 13. Dec 30, 1964: DC remanded to City Ct. Appeal pending.
55.83a. City of Greenwood, Miss v Albertz (formerly Mississippi and City of Greenwood v) (CA 5) Facts: X DOCKET 13. Dec 30, 1964: DC remanded to City Ct. Prosecution stayed pending appeal of remand order.

L. H. Rosenthal, Esq., 406 Medical Bldg., Jackson.

55.85. Cameron v Johnson (Hattiesburg) (USSC) Facts: X DOCKET 13. Petition for cert pending.
55.89. Florida v Robinson, Dawson, Johnson (St. Augustine) (St. John's Co Judge's Ct) Facts: X DOCKET 13. After DC declined to take jurisdiction of habeas and bail petitions, trials of riot Defs completed: convictions. Appeals pending.

See 55.89 at 73.

55.90. Mississippi v Watters (Hattiesburg) (SD Miss, Hattiesburg Div) May 1964: 5 white ministes and 2 Negroes arrested while picketing Forrest Co Courthouse: violation of Miss antipicketing statute. Defs filed removal petition. DC remanded. On appeal CA 5 reversed; ordered removal. Pending.

Jack Peebles, Esq., 305 Baronne St., New Orleans.

55.91. California v Stern, Goines (Oakland) (Muni Ct) 1964: CORE study showed members of E Bay Restaurant Assn hired less than 1% of bartenders, 2% of waitresses from minority groups. Demonstrations, picketing, for nondiscriminatory hiring. Feb 12, 1965: 200 demonstrators, 40 police; harassment of pickets by police alleged. Def-Stern arrested: disturbing the peace, violation of ordinance against profane or seditious words. Each person who went to inquire re identity of and charge against Def-Stern arrested: obstructing officer. Another Def: refusal to come peacefully, attempted escape. Pending.

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

55.92. US v 85 Defs (Los Angeles) (SD Calif) Mar 10, 1965: During demonstration at fed bldg protesting Govt's failure to act in civil rights crisis in Selma, Ala, 85 arrested; 29 charged: obstructing US mail; others booked on "no charge." Pending.
55.93. New York v Blechner, Addabbo (Crim Ct, Queens Co) 1964: Members of Parents and Taxpayers staged sit-in to protest pairing of PS 149 and PS 92 to achieve integration. Oct 7, 1964: On 3d day of sit-in, 64 Defs forced way into bldg; 64 arrested by Asst Supt Nevins: Pen Code §722(b): loitering on school premises; released on own recognizance. Dec 3, 1964: Crim Ct dismissed: §722(b) does not state whether violation is misdemeanor or felony, therefore it is offense, not a crime; citizen's arrest allowed only for misdemeanor or felony, not for offense.

Bernard Kessler, Esq., 277 Broadway, NYC.

See 523.NY.4.

55.94. New York v Turner (NY Sup Ct, App Term, 1st Dept) Aug 8, 1964: May 2d Movement demonstrated in Duffy Square against US actions in Vietnam, Gulf of Tonkin. Police dispersed demonstrators, arrested 17: disorderly conduct. Convicted; appeal pending.

Nanette Dembitz, Esq., for NYCLU, 156 Fifth Ave., NYC.

55.95. New York v Mallory (NYC Crim Ct) Def (also Def in 59.22) participated in demonstration at UN protesting US involvement in war in Congo. Arrested: felonious assault. Mar 31, 1965: trial. Decision awaited.

Conrad Lynn, Esq., 401 Broadway, NYC.

55.96. Illinois v Defs (Chicago) (Muni Ct) Mar 24, 1965: Def-CORE members distributed literature regarding civil rights and police practices in Ala at state exhibit at Natl Boat, Travel, and Outdoor Show; sang freedom songs; 40 arrested. Mar 25: Chain-in at Ala exhibit; 23 arrested. Trials pending.
- 95 -

55.97. New York v Potter, Wiley (NY Sup Ct, 1st Jud Div) Mar 19, 1965: Student and civil rights groups picketed Chase Manhattan Bank in protest against bank's policy of making massive loans to Govt of Union of South Africa, thus supporting practice of racial repression. SDS and CORE officials and 47 others arrested in sit-down in front of bank. Trial pending.
55.98. City of Meridian, Miss v Wright, Kelso (Muni Ct) Feb 16, 1965: FBI Supervisor Sullivan spoke in Natl Crime Prevention Wk at hotel that refused to serve Negroes as CORE recently had notified FBI; praised Meridian police, did not mention civil rights. 15 CORE members picketed, alleging FBI participates in discrimination instead of investigating it; arrested: obstructing sidewalk. Released on bond; pending.
55.99. Michigan v Barnard (Ann Arbor) (Washtenaw Co Cir Ct) 1964: Defs picketed in protest against unequal treatment of Negroes by city police; led to affray with local firemen. Police broke up picket; arrested demonstrators: obstructing officer. Pending on removal to ED Mich. For removal see 55.99 at 73.
55.100. New York v Johnson, Galamison (Brooklyn Family Ct) Jan 1965: Citywide Comm for Integrated Schools, Harlem Parents Comm, and other groups organized boycott of the "600" schools for disruptive pupils (90% nonwhite) to protest inferior, discriminatory education; "Freedom schools" established. Jan 19: Sup Ct issued injunction. Jan 21: Def-Galamison arrested: exhorting children to defy truancy law. Jan 22: Def-Johnson arrested while acting as principal of freedom school. Removal petition filed in DC. Feb 3: Galamison, Johnson convicted: encouraging truancy: 10 days and fines, suspended, if boycotts ended. Feb 10: 8 clergymen sat in at Bd of Educ; arrested; at their arraignment Galamison present as spectator, arrested; jailed: violation of conditions of suspension of sentence. Def sought habeas in DC: conviction void because Family Ct without jurisdiction after removal. Feb 11: 11 Defs arrested in demonstration at Bd of Educ: encouraging truancy, disorderly conduct for failure to obey order to move on; DC denied habeas: failure to exhaust state remedies. Feb 15: CA 2 refused to enjoin Sup Ct hearing on temporary injunction pending determination of removal question. Boycott extended to allegedly segregated high schools. Arrests in demonstrations at Bd and City Hall: Feb 17: 6 for encouraging truancy; 12 students arrested; Feb 18: 17 students for disorderly; Feb 19: 15 for encouraging truancy and disorderly; Feb 24: 8; Mar 2: 9. All pending.
55.101. Alabama v Boynton (Selma) (SD Ala, #3660-65) Jan-Feb 1965: Many arrested during voter registration campaign. Jan 22, 28, Feb 17: Defs removed cases to DC; DC granted bail to all Defs. DC granted state's motion to remand. Appeal to CA 5 pending.
56. Against and Concerning Minors (incl Contributing to Delinquency) (see also 430, 560)
Periodical: Journal of American Society to Defend Children, 653 Mangelo Ave., San Francisco.
56.10. White and Cromwell v Maryland (Cambridge) (Dorchester Co Cir Ct) Facts: X DOCKET 14.

See also 51.49.

56.11. Florida v ANE (St Augustine) (Fla Dist Ct of App, ##E-318—E-321) Facts: X DOCKET 14. Dist Ct of App withdrew dismissal of Defs' appeal; gave Defs leave to file appropriate papers. Juv Ct refused to allow Defs to perfect appeal. Nov 22, 1964: Ct of App ordered Juv Ct to allow appeal. Dec 26: Ct of App dismissed appeal: no transcript of testimony; Juv Ct refused to agree to stipulation re testimony that Defs ejected from premises because Negroes.

Earl N. Johnson, Esq., 625 W. Union, Jacksonville.

And see Singleton, 553.Fla.2.

56.12. Alabama v Defs (Selma) (Ala Ct of App)*

And see cases at 51.45.

56.13. City of Americus v 32 Defs (Sumter Co, Ga) (Crim Ct) Facts: X DOCKET 14.

C. B. King, Esq., P. O. Box 1024, Albany.

56.14. Florence v Myers (Ocala) (MD Fla, #64-3-Civ-Ocala) Facts: X DOCKET 14.*

Correction: counsel Horace E. Hill, Esq., W. Broadway, Ocala (erroneously described as Harrison E. Hill).

See NYC "600" schools cases, 55.100.

And see St. Augustine cases, 401.14.

56.15. Ohio v McLaughlin (Cuyahoga Co) (Ct of App, #26886) Def's daughter, low intelligence, gave birth to illegitimate child at age 13. Def told her not to have sexual intercourse but if she did, to use contraceptives. Daughter bore 2 more illegitimate children. After second pregnancy Def-mother repeated admonishment; told daughter could buy contraceptives at drug store. 1963: Def charged with contributing to delinquency of minor for giving information; convicted in jury trial. Juv Ct sentenced to $500 and 1 yr. On appeal Def argues conviction devoid of evidentiary support therefore violates due process; violates 1st Amdt; unconstitutional invasion of privacy; statute unconstitutionally vague. Pending.

Robert L. Merritt and Avery S. Cohen, Esqs., Hippodrome Bldg.; Bernard A. Berkman and Larry S. Gordon, Esqs., Standard Bldg.; David Ralph Hertz, Esq., all for amicus Cleveland CLU, Cleveland.

And see Griswold, 490.6d; Parrish, 413.8; Anonymous Mother, 413.9.

57. Against Vagrancy

57.3. Louisiana v Trumpower (E Baton Rouge Crim Dist Ct) Facts: X DOCKET 14. Case prescribed.
57.9. California v Sandness, Hill (Calif Sup Ct) Facts: X DOCKET 15. Correction: Mar 1964: DCA ordered demurrer overruled; construed statute narrowly so as not to apply to Defs' conduct. Sup Ct denied hearing. On DA's motion, Muni Ct dismissed for insufficient evidence.
57.10. City of Albany v Harris (Dougherty Co Super Ct) Facts: X DOCKET 15. Super Ct granted cert.
57.11. California v Palmer (San Francisco) (Muni Ct) Jan 18, 1964: Def, poet, wearing sign: "I will trade with you a poem/I will write to you/for food, small/change, any useful article," observed by police to accept piece of cheese, change, from passers-by in return for his work. Arrested: Pen Code §647c (begging). Jan 25: arraignment.
- 96 -

57.12. California v Mellman (San Francisco) (Muni Ct) 1964: Def arrested for violation of Pen Code §647e during picket of coffee house in connection with labor dispute. Statute requires one wandering about street without apparent business to account for his presence to police. Def stated intention to file demurrer: due process and self-incrimination. Nov 20: Ct granted DA's motion to dismiss.

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

57.13. New York v Miller (NY Sup Ct, App Term, 1st Dept) Mar 24, 1964: Def, male, arrested while wearing women's clothing and makeup: vagrancy. NY Code Crim Proc §887(7) defines vagrants to include persons wearing disguises. Legislative history shows intended to prohibit wearing disguise as aid to commission of crime. Crim Ct convicted. Issues on appeal: (1) construction of code; (2) whether prohibition of this conduct violates due process as arbitrary and unreasonable, since conduct not inimical to public welfare.

Arthur Galligan, Esq., 20 E. 46th St., NYC; Janet Johnson and Nanette Dembitz, Esqs., for amicus NYCLU, 156 Fifth Ave., NYC.

57.14. Hicks v Dist of Columbia (USSC, #867) 1963: 27 yr old playing guitar and singing in Dupont Circle; arrested: vagrancy; convicted. On appeal, constitutionality of vagrancy statute raised. Feb 1, 1965: USSC granted petition for cert and to proceed in forma pauperis.
57.15. City of Flint v Baldwin (Genesee Co) (Cir Ct) City ordinance defined as disorderly persons anyone found loitering in street without being able to give satisfactory account of self. June 1962: Def convicted in Muni Ct. Jan 6, 1965: On appeal Cir Ct reversed, held ordinance unconstitutional: conduct embraced by term loitering, unmodified by another phrase cannot impose on one the obligation to give account of his presence and cannot define a crim offense. Cir Ct granted writ of supervisory control to Pet-atty.

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

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

58.6. Alabama v Students Defs (Huntsville) (Ala Ct of App) Facts: X DOCKET 15. Oct 27, 1964: Ct of App reversed convictions.
58.7. Ohio v Schlesinger (Xenia) (Greene Co Com Pleas Ct, ##9850-9866) Facts: X DOCKET 15. Mar 30, 1965: Com Pleas Ct reversed, remanded. Co Ct found Defs not guilty on basis of Bell v Maryland, 552.Md.5, 378 US 226.

See 553.Ohio.1.

58.12. Georgia v Rev A. Jones (USSC, #506) (136 SE2d 358) (c.d., 379 US 935) Facts: X DOCKET 13. Dec 7, 1964: USSC denied cert.
58.14b. US v Whittlesey (Dist of Colum Ct of Gen Sess, Crim #9415-63) Facts: X DOCKET 15. Feb 23, 1965: Jury verdict of guilty of unlawful entry set aside in the interest of justice; compare Bell v Maryland, 552.Md.5, 378 US 226.


Report: Apr 15, 1965: Confidential report to Commonwealth Club members, containing statistical survey of verdicts, sentences, and recommendations.

58.15. California v Hallinan (San Francisco Muni Ct, #H 65768, J 65805, H 65826) Facts: X DOCKET 15. Mar 1965: charges dismissed as to all Defs who had stood trial in other civil rights demonstrations; other Defs entered nolo pleas: $29 or 5 days.
58.16. California v Bradley, Gregory (San Francisco Muni Ct, ##J 14447, 14140)


58.17. California v Sims (San Francisco Muni Ct, ##J 15591, 15602-15701)


58.18. California v Burbridge (San Francisco Muni Ct, #J 24265) Facts: X DOCKET 15-16. Dec 1964: Super Ct ordered free transcript for appeal of Def-Sims who was convicted on same evidence on which 13 co-Defs acquitted. Other appeals pending on requests for free transcripts. Estimated 80% of 200 Defs indigent.
58.20. Blow v North Carolina (Enfield) (USSC, #387) (85 S Ct 635) Facts: X DOCKET 1. Feb 1, 1965: USSC vacated, citing Hamm v Rock Hill, 552.SC.4d, 377 US 988.
58.21. Georgia v Rachel, Georgia v Tuttle (Fulton Co Super Ct; ND Ga ##23869-Cr, 23875-Cr, 23886-Cr; CA 5, #21345) Facts: X DOCKET 17. Mar 5, 1965: CA 5 decided for Def-appellant.
58.24. New York v Collins (NY Ct of App) Facts: X DOCKET 17. State's appeal pending.

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

58.26. Parrot v City of Tallahassee (USSC) Facts: X DOCKET 17. July 28, 1964: Motion for rehearing denied by Cir Ct. Dec 30: Final app ct denied cert. Jan 26, 1965: Def filed petition for request to file coram nobis in Muni Ct. Feb 1: Def filed application for extension of time to petition for cert.
58.29. California v Green (formerly v Farber) (Santa Monica) (L.A. Super Ct, App Dept) Facts: X DOCKET 17. Mar 18, 1965: Appeal argued; decision awaited.
58.30. California v Okun (Los Angeles) (Muni Ct, #216755)*
58.31. California v Minkin, Hoefer, Hirsch (formerly v Becker) (Los Angeles) (Super Ct, App Dept, ##6159-6161) Facts: X DOCKET 17. On appeal Def argues (1) ordinance violates due process by prohibiting conduct that cannot be made criminal (standing in aisle or exit); (2) sentences so disproportionately severe as to amount to cruel and unusual punishment; (3) Negroes, Mexican-Americans systematically excluded from jury; (4) restrictions on Def's jury voir dire. Pending.

And see 63.27.

58.31a. California v Gray (Los Angeles Super Ct, App Dept)*

And see 63.27.

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58.33. US ex rel Tolg v Grimes, Sheriff (CA 5, #21,661) Facts: X DOCKET 17. Def's failure to appeal caused by nonreceipt of order denying motion for new trial. Appeal pending from DC denial of habeas petition.

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

58.34. New York v Lawson, Fleisher (NY Sup Ct, App Term, 1st Dept #1) Feb 13, 1963: White Def discussed rent of vacant apt with realtor. Feb 14: returned with Negro Def, Lawson, and others; requested transfer of lease to Lawson. Ordered to leave; refused. Arrested under Pen Law §2036 (unlawful intrusion on real property). Trial ct convicted. Oct 22, 1964: App Term, Gold, JP, reversed: for conviction under §2036, entry must be unlawful (criminal intent); refusal to leave after lawful entry not sufficient.

And see cases at 530s.

58.35. New York v Day, Knapp (Syracuse) (NY Sup Ct, 5th Jud Dist) Spring 1965: CORE initiated campaign to change allegedly discriminatory employment policies of Niagara Mohawk Power Co. Demonstrations, sit-in in office of Co president; 11 arrested. 4 Defs stalled-in at plant entrances for 2 hrs; chained selves under cars; arrested. Def-Knapp attempted to dissuade police from removing demonstrator from beneath car without first cutting chains which bound him to it; arrested: interfering with arrest. Pending.
58.36. California v Comfort, Goldberg (Oakland) (Muni Ct) 1964: Long-continued controversy between ex-Sen Knowland's Oakland Tribune and Ad Hoc Comm to End Discrimination over newspaper's allegedly discriminatory employment policies. Dec 12: Comm decided against civil disobedience; dissident faction sat in at gate. Comm leaders monitoring picketline and 16 sit-ins arrested: trespass, disturbing peace, failure to disperse, constituting public nuisance. 7 convicted, others pending; 30 days, 20 days, year probation. Appeals pending.

Malcolm Burnstein, Esq., 1440 Broadway, Oakland.

58.37. US v Chenery, Morris (Oakland) (ND Calif) Mar 23, 1965: 12 arrested at army terminal in demonstration against US action in Vietnam: trespass, obstructing traffic. Mar 25: Convicted: 30 days, 20 days.
58.38. Illinois v Polk (Peoria) (Muni Ct) Jan 4, 1964: Def, NAACP official, attempted to get haircut at segregated barbershop whose owner's license was previously suspended for violation of public accommodations law. Arrested: criminal trespass, on owner's complaint. Pending.
58.39. Maryland v CORE Defs (Baltimore) (Muni Ct) Apr 15, 1965: CORE staged march and sit-in in School Bd office in campaign for improved facilities in certain schools. On 3d day, 8 arrested. Pending.
58.40. Georgia v Mack (Savannah) (Ga Sup Ct) 13 Defs convicted of trespass after sit-in. Sought habeas corpus in state ct: denied. Ga Sup Ct affirmed; held prosecution not abated by 1964 Civil Rights Act. Motion for rehearing pending.

Howard Moore, Esq., 859½ Hunter St., Atlanta.

58.41. Florida, City of Madison v Washington, McCall (MD Fla ##64-241, 64-242) Aug 2, 1964: Defs, 3 juveniles, 6 adults, sought service in restaurant under 1964 Civil Rights Act; arrested: trespass. Aug 7: Removal petitions filed. Pending.

Earl M. Johnson, Esq., 625 W. Union St., Jacksonville; Charles F. Wilson, Esq., 507 W. Gadsden St., Pensacola, Fla.

58.42. Florida v Wechsler (Gadsden Co) (MD Fla) Aug 7, 1964: 7 Defs sought service in restaurant under 1964 Civil Rights Act; arrested: trespass. Aug 14: Removal petition filed.

Tobias Simon, Esq., 223 S.E. 1st St., Miami; Ernest Jackson, Esq., 410 Broad St., Jacksonville, Fla.

58.43. City of Selma v Bennett (SD Ala, #3568-65) Jan 1965: 6 attempted to desegregate drugstore lunch counter; arrested: trespass. Defs removed to DC; city's remand motion pending.
58.44. Georgia v Defs (Savannah) (CA 5) (Super Ct) Sit-ins at hotels, restaurants; hundreds arrested: trespass. Many convicted, other trials in progress. 30 convicted Defs sought habeas in DC; June 12, 1964: DC denied; appeals pending in CA 5. Jan 30, 1965: Ga Sup Ct affirmed convictions of those who appealed, upheld trespass law.
58.45. Blow v North Carolina (Halifax Co) (USSC, #387) (135 SE2d 14, 17) 1963: 42 Negroes sought entry into Plantation Restaurant, with "whites only" sign on door; locked out; refused to leave on owner's request; arrested, indicted for trespass (NC Gen Stats §14-134); convicted. NC Sup Ct affirmed. Feb 1, 1965: USSC (5-4), per curiam, granted cert, held: (1) Restaurant is on, and advertises on, Highway 301 and in adjoining motel of same owner; (2) it "offers to serve interstate travelers" and is "place of public accommodation" under 1964 Civil Rights Act §201(b)(2), (c)(2); therefore vacated, remanded for dismissal of indictments, citing Hamm v City of Rock Hill, 552.SC.4d, 85 S Ct 384, 388. Black, Harlan, White, JJ, would affirm; Stewart, J, would vacate and remand to NC Sup Ct, all for reasons in Hamm.
59. Against Miscellaneous Criminal Activities

59.22. North Carolina v Crowder, Covington, Lowry, Reape, Mallory (NC Sup Ct) (139 SE2d 870) Facts: X DOCKET 17. Jan 29, 1965: Sup Ct reversed, quashed indictment: practice of placing "col" after names of all nonwhites on grand and petit jury lists violates equal protection and due process. Union Co Pros plans to seek new indictment.
59.27a. Mississippi v Aaron Henry (USSC, #6) Facts: X DOCKET 18. Jan 18, 1965: USSC (5-4) vacated and remanded, Brennan, J, "for a hearing on the question whether the Pet is to be deemed to have knowingly waived decision of his fedl claim when timely objection was not made to the admission of the illegally seized evidence." "A litigant's procedural defaults in state proceedings do not prevent vindication of his fed'l rights unless the State's insistence on compliance with its procedural rule serves a legitimate state interest"; USSC will consider this question in each case. Black, Harlan, Clark, Stewart, JJ., diss.

And see Collins, 61.23; Henry, 571.14.

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59.31. US v Gibson (CA 6) Facts: X DOCKET 18. Charges against Def-Gibson dismissed on motion of US; 4 Defs convicted. Appeal pending.


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) (Co Ct)*
59.35. Anderson and Long v Alabama (Selma) (Ala Sup Ct) (168 So2d 256; 168 So2d 258) Facts: X DOCKET 18. Aug 27, 1964: Sup Ct denied state's petition for cert. Nov 11: Sup Ct denied rehearing.
59.35a. Alabama v Eddie Allen (Selma) (SD Ala, #3385-64) Facts: X DOCKET 19. Mar 22, 1965: DC issued order of submission.

Peter A. Hall, Esq., 1630 4th Ave. N., Birmingham.

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

59.37. Mississippi v Hancock (Leflore) (CA 5) Facts: X DOCKET 19. DC remanded; appeal pending.

And see cases at 501.Miss.

59.38. Mississippi v Kendrick and Goff (Lauderdale Co) (Cir Ct, 10th Jud Dist #4, cs.5936 and 6009) Facts: X DOCKET 19. Mar 15, 1965: Transferred from inactive to active files.

See Warner, 59.38a.

59.38a. US v Warner (Lauderdale Co) (SD Miss, E Div, #1219)*
59.39. New York v Fawcett (NYC) (Sup Ct, App Term, 2d Dept) Facts: X DOCKET 19. 1965: App Term reversed; feeding pigeons does not constitute littering.
59.40. Mississippi v Cocroft, Kabat (Meridian) (Muni Ct) Dec 2, 1964: 10 Freedom School students and teachers arrested at Trailways station restaurant while testing compliance with 1964 Civil Rights Act: disorderly conduct (students), contributing to delinquency of minors (teachers). "Disorderly" charges dismissed; "contributing" charge pending.
59.41. Mississippi v Kaminsky (Indianola) Mar 5, 1965: Freedom School and library with 2000 books, typewriters, etc., burned down. Police arrested 8 civil rights workers: interfering with investigation of arson, refusing to obey officer. $100 bond each. Pending.
59.42. Harvey v Mississippi (Leake Co) (CA 5, #22,005) 1964: While Negro-Def helping wife try to register to vote, police broke into Def's home, found 2 beer cans in refrigerator: illegal possession of intoxicating liquor. Def charged, tried, sentenced without notice, in absentia: 90 days and $500. After time to appeal expired, Def arrested, informed of proceedings, imprisoned. Def then hired atty. State cts denied relief. SD Miss denied habeas petition. Case removed. Nov 10, 1964: CA 5 granted bail pending its decision. Jan 12, 1965: CA 5 reversed, granted habeas: denial of counsel.

R. Jess Brown, Esq., 125½ N. Farish St., Jackson; Prof. Anthony Amsterdam, Univ. of Pa. Law School, 3400 Chestnut St., Philadelphia, Pa.

59.43. Georgia v Maddox (Atlanta) (Fulton Co Crim Ct) July 3, 1964: 2 Negroes tried to integrate Def's restaurant after passage of 1964 Civil Rights Act; Def pointed gun at them; arrested. Def made plea to all-white jury on segregation. Apr 21, 1965: After 47 mins' deliberation, jury acquitted.

And see US v Maddox, 41.5; Heart of Atlanta Motel, 553.Ga.2.

59.44. New York v Francis (Manhattan) (Sup Ct) Supporter of Malcolm X arrested under Sullivan Law: possessing gun, felonious assault. $10,000 bail; released after 22 days in jail. Charged with having shot one of accused assassins of Malcolm X. Sup Ct denied motion for reduction of bail.

Nathan Mitchell, Esq., Hotel Theresa, 2090 7th Ave., NYC.

59.45. Georgia v Rev Wells (Albany) (Traffic Ct) Nov 11, 1964: Def, Negro minister active in civil rights movement, given traffic ticket, told to appear Nov 13. Nov 13: Arresting officer not available; Def told to appear Nov 17 at 10 a.m. Nov 17, 10 a.m.: Def convicted of speeding: $20; held in contempt for not being present at 9 a.m., protesting h'g scheduled for 10: $10. Def refused to pay $10; jailed.

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


1964: Newark Community Union Project (NCUP), grassroots organization of tenants and home owners in Clinton Hill neighborhood, organized by Students for Democratic Society (SDS) to eliminate slum conditions. July: leaflets passed out charging NCUP trying to destroy local harmony. Aug: Director, Newark Human Relations Bd, Councilman charged group "irresponsible," planning to incite riot. Oct: landlord told NCUP to move, said "pressures" put on him. New landlord reported extra city inspectors and repair bills. NCUP informed Mayor of 100 building code violations in Mrs. Brown's building; Mayor promised to prosecute slumlords.

59.46. New Jersey v Hayden (Newark Magis Ct) Def, SDS staff member, tried to file charge against slum landlord; refused; Def arrested: assaulting landlord. Grand jury refused to indict. At trial before Magis for simple assault, landlady and witness pointed to another NCUP worker instead of identifying Def; charges dismissed.

Morton Stavis, Esq., 744 Broad St., Newark.

59.47. Shustak v Brown (Newark Muni Ct) Def, tenants' leader, went on rent strike to protest conditions in apt bldg, incl 100 bldg code violations. Pl-landlord sued. Jan 6, 1965: ct granted Def right to pay rent money to ct pending repairs by Pl.
59.47a. New Jersey v Brown (Newark Muni Ct) Dec 30, 1964: Def's landlord forced Def and children from apt, padlocked door with Def's possessions inside. Jan 7, 1965: Def arrested, allegedly pushed by police officer, fell on another officer: assault on landlord, assault on police officer, resisting arrest. Bail: $1,000. Last charge dropped. Feb 3: Def convicted of assault on landlord. Mar 3: sentenced. Pending.
60. Civil Sanctions (and Contempt Charges)

Art 12: No one shall be subjected . . . to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

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61. Against Defamation

61.10. Gov Patterson v The New York Times, Rev King, Shuttlesworth (Montgomery Co Ct) (308 F2d 474) (c.d., 376 US 949) Mar 23, 1964: USSC denied cert.
61.18b. Pauling v News Syndicate Co, Inc (USSC, #634) (c.d., 379 US 968) Facts: X DOCKET 20. Jan 18, 1965: USSC denied cert.
61.20. Harper v National Review and Buckley (NYC Sup Ct) Facts: X DOCKET 20. In memoriam: Pl, Fowler Harper, Yale law professor, 1965.
61.21. Moore v P W Publishing Co (Akron) (USSC) Mar 6, 1962: Gov DiSalle (Dem) used term "Uncle Tom" in argument over number of Negroes employed in Ohio govt. Def-newspaper (anti-DiSalle) reported Gov applied term to Pl. Negro Dem leader. Pl sued for libel, alleged term described Negro who "sells out" his convictions and his race for money, prestige, or political preference; that Gov didn't apply term to her. Oct 16, 1962: After trial before all-white jury, judgment for Pl, $5000 financial loss and humiliation, $2000 atty's fees, $25,000 punitive damages. June 17, 1964: Ohio Ct of App affirmed. Pending.

Hinton, Konstand & Landi, Esqs., First Nat'l Tower Bldg., Akron, Ohio.

61.23. Collins and Pearson v Henry (USSC, ##89, 90) Facts: X DOCKET 20. Mar 29, 1965: USSC, per curiam, reversed: jury instruction might well have been understood "to allow recovery on a showing of intent to inflict harm, rather than intent to inflict harm through falsehood," citing Garrison, 53.6, 379 US 64, 73, NY Times, 61.9, 376 US 254, 279-80; Black, Douglas, Goldberg, JJ, conc. as in cited cases.

And see Henry, 59.27, 59.27a, 571.14.

61.25. Goldmark v Holden (Okanogan Super Ct, Washington) Facts: X DOCKET 20. Dec 9, 1964: Super Ct granted Def's motion for new trial under USSC holding requiring actual malice in suits by public officials where libeled in official capacity. Pending.
61.26. John Birch Society and Welch v NBC (Fort Worth) (ND Tex, CA-4-336, 337) Facts: X DOCKET 20.*

Cantey, Hanger, Gooch, Cravens & Scarborough, Esqs., 1800 First Nat'l Bank Bldg., Fort Worth.

61.27. Dan Smoot v League of Women Voters (Grand Traverse) (Ca 6) Pl operates radio-TV program "Life Line," publishes periodical "Dan Smoot Report." Def-League urged, in monthly bulletin and local newspaper, that Pl's TV program be viewed "with a critical eye." Mar 9, 1964: Pl filed libel suit for $1 million. Sept 25: DC denied continuance past Oct 14: issue should be resolved before Nov election so that libel suit would not operate as political weapon to diminish League's effectiveness. Oct 12: DC denied Pl's motion to dismiss with prejudice; Def entitled to vindication of its name by trial. Dec 30: CA reversed; ordered dismissal: abuse of discretion to deny Pl dismissal with prejudice.
61.28. Belli v Curtis Publishing Co (San Francisco) (Super Ct) Def published in Saturday Evening Post account of Texas murder trial of Jack Ruby. Pl, atty, alleges published material contained derogatory remarks concerning Pl's manner of conducting Ruby's defense. Nov 17, 1964: Pl filed libel suit for $2 million. Pending.
61.29. Gen Walker v Associated Press, Inc (Fort Worth) June 1964: Pl filed $2 million libel suit against Def wire service; alleged Def transmitted report that he incited rioters in Sept 1962 disturbance at Univ of Miss over admission of Negro student. After Univ chaplain calmed and disarmed some rioting students, witness testified, Pl said "I want to congratulate you students on what you are doing here tonight . . . stand fast, be firm, thousands are behind you, you will win in the end." Pending.
62. By Injunction in Labor Disputes

Art 23: (4) Everyone has the right to form and to join trade unions for the protection of his interests.

62.1. Schwartz-Torrance Investment Corp v Bakery & Confectionary Workers' Union (Los Angeles) (Calif Sup Ct, #L.A. 27282) (61 Cal2d 766) Union picketed bakery in privately owned shopping center. Super Ct enjoined picketing. Winter 1964: Sup Ct, reversed: Pl's property interest here largely theoretical, since has fully opened property to public; interest of union rests on constitutional rights, "The prohibition of picketing would in substance deprive the union of the opportunity to conduct its picketing at the most effective point of persuasion: the place of the involved business." Petition for rehearing denied.

Charles Hackler, Esq., 1621 W. 9th St., Los Angeles.

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

62.2. New York v Tepedino, Lahab, and Viani (NY Sup Ct, App Div, 1st Jud Dept) Jan 7, 1965: Sup Ct enjoined strike by 6000 NYC welfare workers under Condon-Wadlin Act (prohibits strikes by public employees, provides for double-wage penalties). Jan 20: 19 union leaders convicted of crim contempt for failure to end strike: $250 and 30 days. Apr 15: App Div reversed; dismissed crim contempt charges without prejudice to any civil contempt proceedings; no act of disobedience had occurred in immediate view of ct.

John R. Harold, Esq., 150 Broadway, NYC.

62.3. Nat'l Maritime Union, United Marine Div, Local 333 v New York (NY Sup Ct, 1st Jud Div) July 1964: 535 officers and crewmen of Staten Island ferry struck for 24 hrs. City imposed Condon-Wadlin Act penalty: loss of 1 day's pay and 2 days' vacation. Union appealed, alleging unconstitutionality. Jan 27, 1965: Hearing; decision awaited.
63. By Injunction in Racial Situations (see also 40)

63.2. Alabama ex rel Atty Gen Gallion v Gray (Talladega) (Alabama Sup Ct) Facts: X DOCKET 20. May 26, 1964: Appeal argued; decision awaited.

And see 55.18.

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63.3. Mitnick d/b/a Central Fourth St Drugs v Fair Share Organization (USSC, #346) (c.d., 379 US 843)
63.3a. Fair Share Organization v Philip Nagdeman & Sons (East Chicago, Ind) (USSC, #106) (c.d., 379 US 843)
63.7. City of Birmingham v Walker (Ala Sup Ct, 6th Div, #999) Facts: X DOCKET 21. Submitted on briefs; decision awaited.

And see 55.77-55.77h.

63.8. City of Jackson v Salter (Miss Sup Ct)*
63.10a. Ex parte Marvin Robinson (Gadsden) (Ala Sup Ct) (168 So2d 491)*
63.20. Levitt & Sons, Inc v Prince George's Co CORE (Co Cir Ct; DC Md, #14942) Facts: X DOCKET 22.

Fred E. Weisgal, Esq., 111 N. Charles St., Baltimore.

63.21. San Diego Gas & Elec Co v CORE (4th Dist Ct of App, Civ #7650) Facts: X DOCKET 22. Correction: Def's appeal pending.
63.22. Bank of America v CORE (San Diego Co Super Ct, #286777) Facts: X DOCKET 22. Dismissed by stipulation of parties.
63.22a. California v Brown (San Diego) (Super Ct, App Dept)*
63.22b. California v Von Blum, Phillips (San Diego) (Super Ct) Facts: X DOCKET 22. Nov 19, 1964: Appeal heard; decision awaited.

Thad Williams, Esq., 3628 National; Mary Harvey, Esq., 530 Broadway, both of San Diego.

63.23. Curtis, Ford, and Grand v Boeger, Warden (formerly Jefferson Bank & Trust Co v Curtis, CORE) (St. Louis) (ED Mo, ##64 C 52(3), 64 C 53(2), 64 C 54(3)) (CA 8) (331 F2d 675)*
63.24. Lewis v Clark (SD Ala, #C.A. 3386-64) Facts: X DOCKET 23. Submitted on documentary evidence; DC denied Pl's motion to consolidate with crim prosecutions on removal. Sept 9, 1964: DC ordered continuance. Pending.

Peter A. Hall, Esq., 1630 Fourth Ave. North, Birmingham.

And see 63.24a.

63.24a. Dallas County v SNCC (Dallas Co Dist Ct; SD Ala, #C.A. 3388-64) Facts: X DOCKET 23. Dec 31, 1964: Motion to dissolve injunction renewed in anticipation of planned demonstrations.

Peter A. Hall, Esq., 1630 Fourth Ave. North, Birmingham.

63.25. US v McLeod (CA 5) Facts: X DOCKET 23. Appeal pending.
63.28. Boynton v Clark (Selma) (SD Ala, #3559-65) Jan 22, 1965: Negro Pls sued Def-sheriff and others to enjoin their interference with voter registration project. DC granted temporary restraining order, made clarifying amdt. Feb 26: DC granted leave to add Dallas Co Cir Judge Hare as Def. Apr 26: hearing on motion for further relief, order to show cause why Defs not in contempt of ct order.
63.28a. M. L. King v Baker (Selma) (SD Ala, #3572-65) Feb 3, 1965: Suit for restraining order against Def, arresting persons seeking to march to Dallas Co cthouse and requiring Bd of Regs to keep voter registration office open daily. DC denied application for temporary restraining order. Pending.
63.29. COFO v Local Officials (McComb) (SD Miss) 1964: COFO sought injunction against continued arrests of civil rights workers and enforcement of Miss crim syndicalism law. Dec 24: DC, Mize, J, denied preliminary injunction; trial on merits: Feb 1965. Pending.

Carsie Hall, Esq., 115½ N. Farish St., Jackson; Henry M. Aaronson, Esq., Jackson.

And see COFO v Rainey, 580.7.

63.30. Safeway Trials, Inc v CORE (Philadelphia) (Ct of Com Pleas, #1576) 1963: CORE urged Pl-Trailways to end discriminatory hiring. Dec 1963: NAACP took over campaign, blocked busses; enjoined. Oral agreement between Pl and NAACP; Pl to hire Negroes; NAACP to protect agreement against other organizations of Negroes. Dec 31, 1964: CORE peacefully picketed Pl. Jan 4, 1965: Pl sought injunction against CORE. Jan 7: NAACP withdrew as party Pl. Jan 8: Ct issued temporary injunction. Jan 20: Def moved to dissolve injunction: peaceful picketing for objective consonant with public policy cannot be enjoined; no harm to Pl; NAACP cannot by agreement insulate Pl from criticism by other civil rights groups. Pending.

Burton Caine, Esq., Packard Bldg.; Gilbert M. Cantor, Esq., 1300 Two Penn Ctr. Plaza, both of Philadelphia.

64. Against Miscellaneous Activities

64.4. Reed v CORE (Cir Ct, Etowah, Ala, #8795) Facts: X DOCKET 23. 1963: Interrogatories submitted to Pl not answered. Pl ordered to answer. Cir Ct denied motion to dismiss for failure to answer interrogatories. Pending.
64.5. Matter of McShane (Mississippi) (USSC) Facts: X DOCKET 23. Appeal pending.
64.6. Faneca v US (USSC) Facts: X DOCKET 23. Appeal pending.
64.7. Alabama v Mills (Birmingham) (Ala Sup Ct, 6th Div, #950) Title 17, §285, Ala Code, defines as corrupt practice solicitation of votes or electioneering on election day. 1962: Def, editor of "Post-Herald," ran election day editorial urging support of proposition for change of form of city govt. Trial ct sustained demurrer: 1st and 14th Amdts. Issues on appeal: (1) is prohibited conduct a clear and present danger that state can prevent; (2) should balancing test apply, as here, to regulation of content. State's appeal pending.

Charles Morgan, Esq., Atlanta, Ga., Herbert S. Channick, Esq., for ACLU, 156 Fifth Ave., NYC.

70. Procedural Problems
71. In Alleging Standing to Sue
72. In Raising and Preserving Constitutional Questions
73. In Removing From State to Federal Courts

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73.2. North Carolina v Francis (Elizabeth City) (DC NC) Facts: X DOCKET 24.

W. G. Pearson and C. C. Malone, Esqs., 336½ E. Pettigrew St., Durham, N.C.

51.49. Anderson v City of Chester, Pa (CA 3, ##15014, 15015) Facts: X DOCKET 24. Argued: Apr 23, 1965.

Profs. Anthony G. Amsterdam, Caleb Foote, and Bernard Wolfman, Univ. of Pa. Law School, 3400 Chestnut St., Philadelphia.

51.56. New York v Callender, Galamison (USSC) (342 F2d 255) Facts: X DOCKET 24, at 51.56. Jan 26, 1965: CA (2-1) affirmed remand: Civil Rights Law of 1866 provides for trial in Fed ct on state charges for anyone arrested for acts done under color of authority derived from law providing for equal rights, but no specific Fed law gave Defs impetus and authority to do acts for which they were arrested. Marshall, J, diss. Defs' petition for cert pending before USSC.

John E. Silverberg, Esq., 15 Park Row, NYC; Carl Rachlin, Esq., 165 W. 46th St., NYC.

55.32. Crawford, Mitchell, Poole, Salter v Mississippi (CA 5, #22382) Facts: X DOCKET 24.

Bruce C. Waltzer, Esq., 1006 Baronne Bldg., New Orleans.

55.35. Baines v City of Danville, McGhee v City of Danville (CA 4, ##9080, 9082) (337 F2d 579) Facts: X DOCKET 24. Argued on rehearing. Decision awaited.
55.81. Mississippi v 25 Meridian Defs (CA 5) Facts: X DOCKET 24. July 17, 1964: DC granted motion to remand. Appeal pending.
55.82. Mays and Galloway v Mississippi (formerly Miss v 7 Defs) (CA 5) Facts: X DOCKET 25. Remand pending on appeal.
55.83. Mississippi and City of Greenwood v Carmichael (CA 5) Facts: X DOCKET 25. Pending on appeal of remand order.
55.84. City of Drew, Miss v McNair (ND Miss, Greenville Div, #GCR 6417-6420, 6430-6434) (CA 5) Facts: X DOCKET 25. Dec 30, 1964: DC remanded. Appeal pending.
55.89. Florida v Robinson, Dawson, Johnson (CA 5, ##21,490, 21,571) Facts: X DOCKET 25. Appeal pending.

Tobias Simon, Esq., 223 S.E. 1st Ave., Miami; William Kunstler and Arthur Kinoy, Esqs., 511 Fifth Ave., NYC.

But see 401.14, 553.Fla.2.

63.11. Town of Clinton v CORE (ED La, Civ #2840; CA 5, #20960) (341 F2d 298) Facts: X DOCKET 25. Feb 12, 1965: CA held case moot; dismissed appeal.
90. Miscellaneous Freedom of Thought

90.4. California v Donaldson, May (San Francisco) (Muni Ct) Jan 1, 1965: Council on Religion and the Homosexual, Protestant clergymen, sponsored private benefit to promote dialogue between church and homosexual. Police photographed guests, forced entry, broke up party. Three attys retained by group, secretary, arrested when asked if police had warrants or probable cause: obstructing officer. After 4 days of trial, at close of DA's case, ct granted Defs' motion for advised verdict; Defs acquitted.

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


Art 18: Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

110. Separation of Church and State
111. In Education

111.1. Lewis v Allen, NY Comm'r of Educ (Ct of App, #31-64) 1957: Sup Ct dismissed petition for removal of words "under God" from pledge of allegiance in NY public schools, held Pets not compelled to recite those words; no penalty for failure to recite the pledge; 1st Amdt does not give Pets preference over those who wish to express their belief in God. 1960: App Div affirmed. June 10, 1964: Ct of App unanimously affirmed without opinion.

Martin J. Echeiman, Esq., Time & Life Bldg., NYC.

111.29. Balgooyen v Los Gatos Joint Union High School Dist (Ct of App, 1st App Dist) Facts: X DOCKET 26. Appeal pending.

Phillip Hammer, Esq., 300 W. Hedding St., San Jose.

111.32. Ames v Bd of Educ (Santa Barbara) (Super Ct) Nov 10, 1964: Pl suspended from high school for refusal to say Pledge of Allegiance. Pl agreed under protest to say words of the Pledge in order to graduate. Bd of Educ and Sup't of Schools affirmed action of principal. Mar 1965: petition filed in Super Ct to allow Pl to attend school without saying pledge. Pending.

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

111.33. Reed v Jenison Pub School Dist #30 (WD Mich, #Civ 4787) (237 F Supp 48) Pls, parents, moved for injunction against classroom bible reading and prayer. Def moved for summary dismissal. Jan 8, 1964: DC denied both motions, held religious services could be conducted if voluntary and held only before and after school hrs, allowing students 5 mins between school and the exercises; exercises must be in a room other than regular home room.

Warner, Norcross & Judd, Esqs., 300 Michigan Trust Bldg., Grand Rapids.

111.34. Stein v Oshinsky (CA 2) Queens Co public school allows recitation of prayers by kindergarten pupils. After suit filed, DC held case not controlled by Engel v Vitale, 111.8, 370 US 421. Appeal pending.

Steven Hochman, Esq., 300 Park Ave., NYC.

Amicus appearance by NYCLU, 156 Fifth Ave., NYC.

111.35. Horace Mann League v Tawes, Gov (Anne Arundel Co) (Cir Ct, #15,850 Eq) Md legislature approved bond issues for $2.5 million to construct facilities at 4 colleges affiliated with churches. Pl filed suit alleging expenditure of tax revenues in this manner violates Md const and 1st Amdt. Pending.

Walter R. Tabler, Esq., 118 S. Rolling Rd., Baltimore; Leo Pfeffer, Esq., for Am. Jewish Congress, NYC; Melvin J. Sykes, Esq.

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112. In Public Places

112.27. Joseph v Borough of Hasbrouck Heights (Bergen Co) (Grand Jury) Nov 13, 1964: Held no cause of action against Defs for flying a flag reading "One Nation Under God" on municipal property.

NJ ACLU, 31 Central Ave., Newark.

120. Conscientious Objection to War
Report: Number of C.O. Applications Applied for and Granted in 1964, 17 News Notes 2, Rm. 300, 2006 Walnut St., Philadelphia. [Technical inquiries from C.O.s: 1963—1,847; 1964—2,237.]

And see Keyes, 41.6; Sturgis, 371.10.

121. Through Application for C.O. Status

121.29a. US v Mang (CA 9) Def in 121.29 convicted: refusing a compulsory work order: 1 yr probation. Def contends Def's local draft bd permitted State Selective Service Dir to refuse approval of Friends Comm on Legislation as employer instead of making decision themselves as required by law. Pending.

J. B. Tietz, Esq., 410 Douglas Bldg., 257 S. Spring St., Los Angeles.

121.30. US v Stolberg (CA 7) Facts: X DOCKET 26.

Robert T. Drake and George C. Pontikes, Esqs., 11 S. LaSalle St., Chicago.

121.31. US v Peter (USSC, #29)


121.32. US v Seeger (USSC, #50)


121.33. US v Jakobson (USSC, #51) Facts: X DOCKET 26-7. Mar 8, 1965: USSC, unanimously, per Clark, J: "We have concluded that Congress, in using the expression 'Supreme Being' rather than the designation 'God,' was merely clarifying the meaning of religious training and belief so as to embrace all religious and to exclude essentially political, sociological, or philosophical views. . . . Under this construction the test of belief 'in a relation to a Supreme Being' is whether a given belief that is sincere and meaningful occupies a place in the life of its possessor parallel to that filled by the orthodox belief in God of one who clearly qualifies for the exemption" in 50 USC App §456(j); affirmed CO status of Seeger, Jackobson; reversed conviction of Peter. Douglas J, conc.
121.35. US v O'Neal (ED Mo, #65 CR 22(1)) 1965: Def's request for exemption from military service denied as objections were social and political rather than religious. At arraignment after Seeger, 121.32, DC directed US Atty to reconsider indictment. Pending.

Arthur J. Freund, Stephen W. Skrainka, Esqs., 7 N. Seventh St., St. Louis; Marvin M. Karapatkin and Melvin L. Wulf, Esqs., for ACLU, 156 Fifth Ave., NYC.

121.36. US v Porter (CA 7) 1962: Def, member of the Radio Church of God, sentenced to 5 yrs for refusing induction. July 28, 1964: CA sustained ct's denial of motion to vacate judgment because local bd did not convene to consider Def's C.O. claim filed after receipt of notice of induction. 1965: Def released on parole.

Ralph Helge, Esq., 120 Terrace Dr., Pasadena, Calif.

121.37. US v Lawson (CA 3) Dec 14, 1964: CA affirmed conviction of Def for refusal to serve 5-yr probationary sentence, first 2 working at State Hospital. Def argued local bd illegally surrendered its duty to select a proposed employer to the state director.
121.38. US v Etcheverry (CA 9) Appeal from denial of motion under 28 USC §2255. Def, draft-refuser, argues either that he comes within test of Seeger, 121.32, or that the law is unconstitutional. Pending.

J. B. Tietz, Esq., 410 Douglas Bldg., 257 S. Spring St., Los Angeles.

121.39. US v Fleming (CA 10) Def, Unitarian, indicted for refusal of induction. July 6, 1964: CA heard oral argument, decision awaiting Seeger.

J. B. Tietz, 410 Douglas Bldg., 257 S. Spring St., Los Angeles.

122. Through Refusal to Register

122.32. US v Weeks (ND Ill, #64 CR 233) Def convicted of failure to carry draft card, refusal of induction: 2 yrs; probation denied.

Robert T. Drake and George C. Pontikes, Esqs., 11 S. LaSalle St., Chicago.

122.33. US v Gee (Texas City) (SD Tex) Def member of Ayn Rand group indicted for refusal to take preinduction physical and report for induction. Pending.

Am. Friends Service Comm., 4717 Crawford St., Houston.

122.34. US v Switzer (ND Ill) July 31, 1964: Def burned draft card on cthouse steps. Aug 1: arrested by FBI: not carrying draft card, released on own recognizance. Aug 7: Def reported for induction, refused to submit or fill out security questionnaire. Aug 20: Def indicted on both counts. Trial Sept 21. Nov 20: Def convicted; two 3-yr sentences to run concurrently.

Robert T. Drake and George C. Pontikes, Esqs., 11 S. LaSalle St., Chicago.

122.35. US v Goddard (St. Louis) (ED Mo) July 6, 1964: Def convicted of failure to report for induction. Def also refused to carry draft card or use wife and child to avoid conscription. Sentence: 5 yrs.
122.36. US v Rodd (WD Penn) Def, minor, convicted under Youth Offenders Act for failure to register for draft. Held 60 days for initial observation, 60 more days to "think it over"; 5 yrs in prison or probation with "Peace Corps type work," plus 120 days served.
122.37. US v Irons (SD Ohio) Aug 13, 1964: Def, employee of UAW, indicted for refusing induction. Refused to apply for C.O. classification because of "Supreme Being" requirement. Pending trial.
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123. Through Civil Disobedience
130. Denial of Tax Exemption to Institutions (see also 202, 266)
140. Sunday Closing Laws
150. Miscellaneous Restrictions
151. In Prisons

151.5. SaMarion v McGinnis (Attica State Prison) (USSC) Facts: X DOCKET 27. CA 2 affirmed. June 14, 1964: USSC denied petition for cert.
151.8. Desmond v Blackwell (MD Pa, #551) (235 F Supp 246) 1964: Pl, Negro prisoner at US penitentiary, alleged he was denied right to practice religion as Black Muslim. Oct 23: DC concluded restrictions on prisoner were reasonable exercise of administrative discretion in maximum security prison.
151.9. Coleman v Dist of Columbia Commrs (ED Va) (234 F Supp 408) Facts similar to Desmond, 151.8. Oct 8, 1964: DC held: prisoner entitled to counsel with Muslim minister at times and places fixed by officials, to secure desired books, other religious articles on same basis as other inmates.
151.10. Banks v Havener (ED Va, Alexandria Div) (234 F Supp 27) 1964: Facts similar to Desmond, Coleman, 151.8, 151.9, except that practice of Muslim religion denied on finding of Director that Muslims were at center of recent riots and disorders. Oct 2: DC held: antipathy of other inmates and staff, alone, not sufficient to justify suppression of religious freedom; officials failed to establish that practice of religious belief constituted clear and present danger to orderly function of prison.
151.11. Cooke v Tramburg, Commr of Institutions and Agencies (NJ Sup Ct, #4302) Dec 14, 1964: Sup Ct rejected request of Black Muslims to hold closed religious meetings in state prisons, on ground it would disrupt discipline as Muslims believed in segregation of races and hatred of Caucasians.

Louis B. Zavin, Esq.

Amicus appearance by ACLU, Leonard Etz, Esq., 140 Thomas St., Newark.

152. In Other Places

152.9. California v Woody (Calif Sup Ct) Facts: X DOCKET 27. Cite: 394 P2d 813.
200. Organizational Privileges Challenged
201. As to Meetings (see also 11, 63)

201.1. International Publishers v Statler Hilton (NY Sup Ct, 1st Jud Dist) Pl reserved room for dinner with Gus Hall, Communist Party spokesman, to speak. Jan 12, 1965: Defhotel canceled reservation—picketing threatened by Nationalist Party. Jan 14: Sup Ct ruled Def could not cancel; breach would cause Pl substantial and irreparable harm; fear of picketing by neo-Nazi organization does not justify breach.
202. As to Tax Exemption (see also 130, 266)

202.4a. Communist Party v Commr of Internal Revenue (US Tax Ct) (332 F2d 325) Facts: X DOCKET 27. Mar 22, 1965: Trial. Decision awaited.
202.6. Re Revocation of Exemption of Christian Echoes Ministry, Inc (Internal Revenue Service) Nov 1964: IRS notified Christian Echoes of its intention to revoke tax exemption for engaging in political activities in violaton of Int Rev C §501. Echoes is parent organization of Rev Billy James Hargis' Christian Crusade (anticommunist). Pending.
203. As to N.L.R.B. Certification (see also 245, 291)
204. As to Continued Existence (see also 63, 213, 223)
See Mississippi v MFDP, 502.Miss.1.
210. Compulsory Registration
211. Under 1950 Internal Security (McCarran) Act
See Phillips, 262.9.
211.1a. US v Communist Party (DC DC, Cr ##1010-61, 202-65) Dec 1964: DC granted Govt motion for retrial on 1961 indictment. Feb 25, 1965: Grand Jury returned 12-count indictment charging failure to register during period Feb 13-23, 1965; failure to file registration statement, knowing volunteer available willing to sign form. Mar 5: DC granted Govt motion to consolidate both indictments for trial; set trial for Oct 11. Apr 2: DC denied Def's motion to dismiss 1965 indictment. Pending.

John J. Abt, Esq., 299 Broadway, NYC; Forer & Rein, Esqs., 711 14th St. N.W., Washington, D.C.

211.1d-1m. Albertson and Proctor v SACB (USSC, #265) (332 F2d 317) Facts: X DOCKET 28. 1964: CP expelled Albertson as alleged informer. 1965: Dept of Justice moved to dismiss registration proceeding against Albertson. Pending.
211.1u. Katzenbach v Nelson (Portland) (SACB) US Atty Gen petitioned SACB to require Resp, founder of Int'l Woodworkers of America, to register under McCarran Act as member of "Communist action" organization. Hearings held. Pending.

Nels Peterson, Esq., 300 S.W. Madison St., Portland, Ore.

212. Under 1954 Communist Control Act
213. Under State Laws (see also 204)
220. Listing
And see 252.64, 22.15-22.18.
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) Facts: X DOCKET 29. Dec. 30, 1964: On remand from USSC, Sup Ct (4-1) held oath constitutional, no more than restatement of duties of citizenship. Bernstein, J, diss: unconstitutionally vague, broad.

And see Dulgov, 281.19.

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Art 20: (1) Everyone has the right to freedom of peaceful assembly and association. (2) No one may be compelled to belong to an association.

240. Criminal Penalties for Membership
241. Under Smith Act: for Conspiracy
242. Under Smith Act: for Mere Membership
243. Under 18 USC §2384
244. Under Kennedy-Landrum-Griffin Act (29 USC §504) (see also 203, 291)
Book: Labor-Management Reporting and Disclosure Act of 1959, US Dept of Labor, 1138 pp, $6.25. US GPO, Washington, D.C. Complete legislative history of Kennedy-Landrum-Griffin Act.
245. Under State Laws (see also 54)

245.15. Indiana v Levitt, Bingham, Morgan (Ind Sup Ct, #30611) (203 NE2d 821) Facts: X DOCKET 30. Jan 25, 1965: Sup Ct reversed, held act constitutional. Jackson, J, diss: Act unconstitutional on face; vagueness, 1st Amdt restriction. Rehearing denied. Pending.

Amicus for Ind. CLU: John Wood and James Droege, Esqs., Indianapolis; Ralph Fuchs, Esq., Bloomington, Ind.


245.16d. Dombrowski v Pfister (USSC, #52) Facts: X DOCKET 30. Apr 26, 1965: USSC (5-2) reversed and remanded, Brennan, J: (1) on abstention: Pls "allege threats to enforce statutory provisions other than those under which indictments have been brought" against them; "a series of state criminal prosecutions will not provide satisfactory resolution of constitutional issues"; "We hold the abstention doctrine is inappropriate for cases such as the present one where . . . statutes are justifiably attacked on their face as abridging free expression or as applied for the purpose of discouraging protected activities." A state ct "interpretation rendering the statute inapplicable to SCEF would merely mean that appellants might ultimately prevail in the state cts. It would not alter the impropriety of appellee's invoking the statute in bad faith to impose continuing harassment in order to discourage appellant's activities"; (2) on DC injunction: proper to enjoin state ct prosecution for vagueness, later modify it if state ct interpretation justifies. Held registration, §364(7), invalid, citing Jt Anti-Fascist Refugee Comm v McGrath, 341 US 123; support of "subversive organization," §364(4), invalid; definitions, §359(5), invalid as overly broad, citing Baggett, 281.1a, 377 US at 362, Speiser, 266.1, 357 US 513; remanded for DC to order prosecutions restrained, all papers returned, no enforcement of void sections of Act, prompt determination of other issues. Black and Stewart, JJ, took no part in case. Harlan, J (Clark, J) diss.
245.17. Stanford v Texas (USSC, #40) Facts: X DOCKET 31. Jan 18, 1965: USSC unanimously vacated magistrate's order denying Pet's motion to annul warrant and return seized property, by Stewart, J: "this warrant was of a kind which it was the purpose of the 4th Amdt to forbid—a general warrant"; history of protection against unreasonable searches and seizures "is largely a history of conflict between the Crown and the press," citing Wilkes v Wood (1763) 19 How St Tr 1153, Entick v Carrington (1765) 19 How St Tr 1029; "The constitutional impossibility of leaving the protection of those freedoms to the whim of the officers charged with executing the warrant is dramatically underscored by what the officers saw fit to seize under the warrant in this case," including works by Marx, Sartre, Castro, Pope John XXIII, Justice Black.
246. Under 1950 Internal Security (McCarran) Act
250. Civil Disabilities for Membership: Federal
251. In Federal Employment (see also 30, 268)

251.52. Garrott v US (formerly Re C. W. Garrott) (US Ct of Claims, #19-63) (340 F2d 615) Facts: X DOCKET 31. Jan 22, 1965: Ct of Claims, 3-2, granted Pl's motion for summary judgment; held commission's denial of trial-type hearing violated Civ Serv Retirement Act; Pl entitled to recover annuity, at least until adequate hearing.
252. As to Passport Applications and Right to Travel

Art 13: (1) Everyone has the right to freedom of movement and residence within the borders of each state. (2) Everyone has the right to leave any country, including his own, and to return to his country.

252.35. Zemel v Rusk and Kennedy (USSC, #86)*

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

252.36. MacEwan v Rusk and Kennedy (CA 3, #14920)*

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

252.55. Copeland v Secy of State Rusk (DC DC) Facts: X DOCKET 31. Pl received passport pursuant to Aptheker, 252.34, 378 US 500; action discontinued.

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

252.56. Mayer v Secy of State Rusk (DC DC, #1034-63 Civ) Facts: X DOCKET 32. Pl received passport pursuant to Aptheker, 252.34, 378 US 500.
252.58. US v Travis (CA 9) Facts: X DOCKET 32. Apr 1, 1965: Appeal argued, pending decision of USSC in Zemel v Rusk, 252.35. Matter will then be submitted, or further argument had on distinguishing factors: different source of executive power; crim prosecution instead of denial of validation.
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252.59. US v Laub (ED NY, 64-Cr-137) Facts: X DOCKET 32. Trial continued until USSC decision in Zemel, 252.35.
252.59a. US v Laub (ED NY) Facts: X DOCKET 32. Trial continued until USSC decision in Zemel, 252.35.

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

252.62. US v Anton, Martinot, Gordon, Brown (SD NY, 64 Civ 2263) Facts: X DOCKET 32. Trials continued until USSC decision in Zemel, 252.35.

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

252.64. In re James Peck (NYC) (Imm Serv) Summer 1963: Comp detained on reentry when immigration officials checked book that contained printed list of names, found his name, asked when he had last been to Cuba. Comp refused to answer; asked for arrest or release; allowed to enter. Comp alleged same had occurred previous summer. Imm Serv told Comp immigration officials authorized to question Americans returning from abroad regarding travel to Cuba. Dept of Justice notified Comp name removed from list "of persons suspected of traveling or known to have traveled to Cuba."

ACLU, 156 Fifth Ave., NYC.

And see cases at 220.

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

254.2. Thompson v Gleason (DC DC, Civ #1853-59) Facts: X DOCKET 32. On remand, Admr affirmed forfeiture: Pl's speeches criticizing US involvement in Korean conflict violated 18 USC §2388(a) (1st and 3d clauses), rendered assistance to enemy under 38 USC §3504. In DC, Pl moved for summary judgment: (1) US not "at war" under 18 USC §2388(a) during 1950-1951; (2) §2388(a) violates 5th Amdt; (3) no evidence to support finding of guilt; (4) procedures violate due process. Apr 14, 1965: argued on Pl's motion and Def's cross-motion for summary judgment.

Osmond K. Fraenkel, Lawrence Speiser, Melvin L. Wulf, Seymour Bucholz, Esqs., for amicus ACLU, 156 Fifth Ave., NYC.

255. As to Social Security Benefits (see also 263, 346)
256. In Housing Projects
257. As to Federal License Applications
258. Through Deportation Proceedings (see also 358)

Art 14: (1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.

258.15. In re Joseph Sherman (CA 2) Facts: X DOCKET 33. Jan 7, 1965: Bd of Imm App denied withdrawal of deportation order. Feb 4: Petition for review filed in CA 2 alleging: deportation order not based on reasonable, probative evidence; denial of fair hearing and opportunity to introduce evidence. Pending.
258.16. In re Deportation of Anon (Imm Serv) 1952-1959: Pet, member of Chinese-American Youth Club, considered by US Army to be sympathetic to People's Republic of China. 1965: Hearing officer granted suspension of deportation: Imm Serv introduced no evidence of subversiveness of club; Pet would face physical persecution if deported to Formosa.

Ernest Besig, Esq., for ACLU of N. Calif., 503 Market St., San Francisco.

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

Art 15: (1) Everyone has the right to a nationality. (2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

259.8. US v Bimba (SD NY, Civ #63c 1328) Facts: X DOCKET 33. DC denied Def's motion to dismiss. Def pleads affirmative defenses: (1) laches: facts on which denaturalization sought not acted on for 37 yrs; (2) res judicata: 1927 judgment granting Def citizenship adjudicated matters in complaint; (3) use of denaturalization proceedings to punish exercise of rights under 1st Amdt not proper purpose. DC denied Govt motion to strike (3). Pending.

Additional counsel: Ira Gollobin, Esq., 1441 Broadway, NYC.

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

261.18. Rosenfeld v Malcolm (Alameda Co) (Super Ct, #346608) Sept 21, 1964: Pl, physician, Asst Dist Health Officer, fired for refusal to resign from Ad Hoc Comm to End Discrimination. Dec 23: filed suit for writ of mandate to require reinstatement and back pay. Super Ct sustained demurrer without leave to amend.

Marvin Stender, Esq., 123 Second St., San Francisco.

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

262.9. Bd of Trs, Fullerton Jr College v Phillips (Dist Ct of App, #4 Civ 7194) Facts: X DOCKET 33. Dec 1964: DCA reversed: ct cannot take judicial notice that Communist Party advocated violent overthrow; bd may inquire as to associates but must explain basis of pertinency of inquiry before requiring answer. Calif Sup Ct refused to hear bd's appeal.
262.10. Schewck v Hoyt and Sachs (formerly reported as Schenk v Ormsby) (NY Sup Ct, App Div, 2d Jud Dept) Facts: X DOCKET 33. Appeal pending.

Delson and Gordon, Esqs., 120 E. 41st St., NYC 17.

262.11. Johnson v Bd of Educ (Halifax Co) (ED NC, Wilson Div, Civ #884) 1963: Pl, teacher, and husband became active in civil rights activity. Apr 1964: bd voted not to rehire Pl. June 1964: Pl filed class action for Halifax Co Negro teachers and individual action to compel reinstatement; damages. DC, Larkins, J, enjoined bd from hiring successor. Jan 11, 1965: Hearing; decision awaited.

Samuel S. Mitchell, Esq., 126½ E. Hargett St., Raleigh, N.C.; Martin R. Bradley, Esq., 900 Ellicott Sq., Buffalo; Kunstler and Kinoy, Esqs., 511 Fifth Ave., NYC.

And see cases at 571.

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263. As to State Unemployment Insurance Benefits (see also 255, 346)

263.5. Lewis v Bennett (CA 4, #9083) (337 F2d 579)*
264. As to State License Applications
265. In Proceedings Against Attorneys and Bar Applicants (see also 345, 373)
See Smith and Waltzer, 245.16-245.16d.
265.29. North Carolina State Bar v Frazier (New Bern) (Sup Ct) Pl, Negro woman, represented by white atty, sued Resp Negro lawyer for misappropriation of funds in case in which he represented Pl; recovered judgment. Sup Ct affirmed. Resp active in civil rights litigation. NC Bar Assn sought disbarment: misappropriation of funds; discussing case wth ex-client after she retained other counsel. Pending.

Charles Morgan, Esq., Atlanta; Julius L. Chambers, Esq., 405½ E. Trade St., Charlotte, N.C.

266. Through Deprivation of Right to Tax Exemption (see also 130, 202)
267. In Private Employment—Teaching (see also 24, 262, 281, 342)
268. In Private Employment—Defense Establishments (see also 344)

268.20. McBride v Roland (SD NY, #64 Civ 1510) Coast Guard refused to issue validated merchant marine certificate to Pl, merchant seaman, on basis of past membership in Communist Party, Int'l Workers Order, signing Communist Party nominating petition, attending summer camp attended by "sympathizers." 1964: Pl sued to compel issuance of papers. Pending.

Melvin L. Wulf, Esq., for ACLU, 156 Fifth Ave., NYC.

269. In Private Employment—Other

269.1. Faulk v AW ARE, Inc (USSC) Facts: X DOCKET 34. July 10, 1964: Ct of App affirmed. Oct 1: Ct of App denied Def's motion for reargument: amended remittitur. Def petitioned for cert in USSC, alleging qualified privilege under NY Times v Sullivan, 61.9, 376 US 254. Mar 1, 1965: USSC denied cert. Black, Douglas, JJ, diss. Mar 26: Def filed petition for rehearing: violation of establishment clause of 1st Amdt: libel incorporated into ancient common law from decision of Ecclesiastical Court. Pending.

And see cases at 61.

270. Criminal Penalties for Nondisclosure (see also 330)
271. Before Congressional Committees (see also 222, 330)
Report: 89th Congress and the Abolition of HUAC, Natl Comm to Abolish HUAC, 555 N. Western Ave., Los Angeles.

Petition: Natl Comm to Abolish HUAC, signed by 100 lawyers, law professors, legal scholars.

271.19. US v Price (CA DC, #18374) Facts: X DOCKET 34. Dec 10, 1964: Appeal argued. Decision awaited.

David Rein, Esq., 711 14th St. N.W., Washington, D.C.

271.20. US v Liveright (CA DC, #18286)*
271.49. US v Nixon, Wilson, Allen (DC DC, ##1170-64—1172-64) 1963: Defs asked Dept of State to grant entry visa to Yasui, Japanese law school dean, peace leader. Nov 1963: Dept granted temporary visa: nonexclusion in natl interest. Dec 7, 1964: Defs subpenaed by HUAC subcomm for executive session; requested public hearings; denied. Defs refused to testify unless open session. Subcomm voted contempt citations. Dec 11: House Speaker McCormack approved citations. Apr 7, 1965: Defs moved to dismiss: (1) subject under inquiry not within jurisdiction of HUAC; (2) hearing in executive session contrary to Rules of House; (3) alleged contempts not certified to US Atty under 2 USC §196; (4) subject under inquiry not alleged precisely enough; (5) compulsion of testimony in alleged inquiry violates 1st Amdt. Apr 8: DC denied; convicted Defs. Appeal pending.

Forer and Rein, Esqs., 711 14th St. N.W., Washington, D.C.

Lawrence Speiser, Esq., for amicus ACLU, 1101 Vermont Ave. N.W., Washington, D.C.

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

272.3a. Maynard v DeGregory (NH Sup Ct) Facts: X DOCKET 35. Jan 1965: Appeal argued; decision awaited.
272.14. Fuentes, McRae, Birnbaum v Fischel, Commr of Investigation, NYC (NY Sup Ct, 1st Jud Div, #16870-64) Mobilization For Youth, private social agency with federal-state financing, involved in peaceful protests in NYC slum areas, against racial discrimination, bad housing and schools. Daily News alleged Mobilization employed subversives; agency refused to fire accused staff members. NYC refused to approve budget pending investigation by city. State Senate conducted investigation. City Investigations Commr subpenaed Defs. Sup Ct issued show cause order. Dec 11, 1964: Sup Ct refused to quash subpenas: fact that agency private makes no difference; rejected 1st Amdt argument. Jan 19, 1965: Sup Ct ordered Defs to testify. Appeal pending.

Lubell, Lubell & Jones, 165 Broadway, NYC.

Shad Polier, Esq., 60 E. 42d St., NYC; Roland Watts, Esq., for ACLU, 156 Fifth Ave., NYC.

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

281.5b. Re Nash (NY Sup Ct, 3d Jud Dist) Facts: X DOCKET 35. Sup Ct affirmed decision of Commr. Pending.
281.16. Macks v Calif Bd of Educ (Calif Bd of Educ) (36 Cal Rptr 677)*
281.20. Starbuck v Bd of Regents (State Univ of NY at Buffalo) (WD NY, #Civ 10741) Facts: X DOCKET 35. Pl voluntarily discontinued action; joined with other Pls in Keyishian, 281.20a.
281.20a. Keyishian v Bd of Regents, State Univ of NY (CA 2, #29287) 1964: Pls, including Pl in 281.20, filed suit in DC to convene 3-judge ct for declaratory judgment that NY Educ (Feinberg) Law, §§3021 and 3022 unconstitutional in requiring "removal of superintendents, teachers and employees for treasonable or seditious acts or utterances" and for "elimination of subversive persons from the public school system." DC dismissed. On appeal, Pl argues Act conditons employment on restriction of 1st Amdt freedoms, Act discourages constitutionally protected expression, any legitimate state interest could be served by less restrictive means, above issues not resolved by Adler, 281.5c. Mar 1965: Appeal argued. Decision awaited.

Richard Lipsitz, Esq., Andrews Bldg., Buffalo; James L. Magavern, Esq., Erie Co. Bank Bldg., Shelton Sq., Buffalo; Herman I. Orentlicher, Esq., 5509 Huntington Pkwy., Bethesda, Md.; Kitty Blair Frank, Esq., 1518 K St. N.W., Washington, D.C.

Bernard E. Harvith, Esq., and Melvin L. Wulf, Esq., NYC, for amici ACLU and Am. Assoc. of Univ. Profs.

282. By Others (see also 343, 344)

282.12. Hofberg v County Civ Serv Commn (Los Angeles) (Super Ct) 1956: Pl, social worker, invoked 5th Amdt in HUAC hearing. 1957: Fired by Co for refusal to testify. Aug 1964: Reciting history, Pl applied for position as social worker. Application accepted; passed examination. Oct 1964: Commn notified Pl name withheld from eligible list: had been dismissed for cause, which is cause for dismissal from Co service (Rule 7.04(g)). Pl filed appeal, request for hearing; stated reasons for refusal to testify before HUAC and willingness to answer same questions. Commn denied hearing. Mar 8, 1965: Pl sought mandamus to compel placement on eligible list. Pending.

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

290. Penalties for False Disclosure
291. Under Taft-Hartley Oath (see also 203, 245)
292. On Government Security Questionnaires
293. In Miscellaneous Cases
295. Right of Privacy

300. Searches and Seizures

Art 12: No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence....

301. By Electronic Eavesdropping

301.23. New York v Berger (NY Sup Ct, App Div, 1st Jud Dept) Facts: X DOCKET 36. Dec 7, 1964: Def convicted, both counts: 1 yr on each count, concurrently. Appeal pending.

Joseph E. Brill, Esq., 165 Broadway, NYC.

301.24. New York v Scandifia, Grossman (NY Sup Ct, 2d Jud Dist) NY Stat permits police, when authorized by ct, to place eavesdropping device on private premises. Mar 1963: With prior ct approval, police installed device in service station operated by Def-Scandifia, suspected in jewelry swindle. July 1963: Device recorded conversation with Def-Grossman, police officer, re killing of informers. On basis of recording, police obtained search warrant; found weapons. Defs indicted: conspiracy to kill informers, possession of weapons. Mar 1, 1965: Sup Ct, Sobel, J, dismissed; held statute violates 4th Amdt: (1) ct orders cannot "specify with particularity in advance conversations or verbal statements to be seized"; (2) statute invariably allows eavesdropping for discovery of mere evidence, rather than fruits, instrumentalities, or contraband. State's appeal pending.
301.25. New York v Robles (NY Sup Ct, 1st Jud Div) Oct 8, 1964: Narcotics addict under questioning by police offered information regarding Aug 28, 1963 double murder (see Whitmore, 353.29), alleged Def, another addict, had appeared on night of murder covered with blood; confessed murder to him. Jan 26, 1965: Def held, questioned; no counsel. Jan 27: Def arraigned; ordered held without bail. Crim Ct granted DA's motion for adjournment until Feb 25. Def alleges violation of 4th Amdt by installation of eavesdropping devices. Pending.

Jack Hoffinger, Esq., 21 E. 40th, NYC.

302. In Other Federal Criminal Cases

302.22. US v Monroe. Facts: X DOCKET 36. USSC denied cert.
302.26. US v Blefare, Michel (CA 9) Mar 27, 1964: Defs stopped by customs agents at Mexican border; searched. Taken to physician's office; searched rectally, made to drink saline solution, sodium chloride forced into stomach. Defs vomited condoms containing heroin. Defs convicted of smuggling heroin. On appeal, Defs argue violation of 4th Amdt and due process. Pending.

Carl Fabbroni, Esq., U. S. Grant Hotel; Richard E. Adams, Esq., Spreckels Theatre Bldg., San Diego, for ACLU of S. Calif.

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303. In Other State Criminal Cases

303.35. Sackler v Sackler (NY Ct of App) Divorce action. Husband's detectives forcibly entered wife's apt to obtain evidence of adultery. At trial Def argued evidence inadmissible as product of illegal search. Dec 3, 1964: Ct of App affirmed grant of divorce: Mapp rule does not apply in civil cases to exclude evidence illegally obtained by private persons. Bergen, Van Voorhis, JJ, diss: USSC in Mapp said, "We hold that all evidence obtained by searches and seizures in violation of the Constitution is, by that same authority, inadmissible in a state court"; NY Const makes no distinction between private and public invasion of privacy.

Morris H. Halpern, Esq., 551 Fifth Ave., NYC.

303.43. New York v Randazzo (NY Sup Ct, 1st Jud Dist, #3035-1962) (15 NY2d 526) Facts: X DOCKET 36. Sup Ct denied motion to suppress; Def convicted. App Div affirmed. Ct of App affirmed App Div.
303.48. California v Randazzo (34 Cal Rptr 65) (c.d., 377 US 1000) Facts: X DOCKET 36. Correction: Dec 12, 1962: Def removed garments from dept 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); Muni Ct granted new trial for illegally obtained evidence. At 2d trial, dismissed prosecution. DCA reversed: Calif and US constitutional prohibitions against illegal searches and seizures apply to searches by state officials only, not to searches by private persons; error to exclude detective's evidence, Burdeau v McDowell, 256 US 465. USSC 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.

303.50. Angelet v Fay, Warden (USSC, #212 Misc) (c.g., 379 US 815)*
303.53. Weiss v Rosetti (NY Sup Ct, App Div, 1st Jud Dept) NYC Admin C provides that non-contraband property confiscated at time of arrest can be recovered only by civil action against police property clerk. Sup Ct upheld constitutionality of code provision. Appeal pending.

NYCLU as amicus, 156 Fifth Ave., NYC.

303.54. New York v Diaz (NYC Crim Ct) Feb 11, 1965: Prosecution of restaurant for sale of wine after license suspension. DA moved to dismiss: bottle of wine "worthless" as evidence of sale; officer had seized if from another table instead of buying it himself. Crim Ct dismissed on condition Def-waiter not bring false arrest action.

Jack L. Nicoll, Esq.

303.55. New York v LaVerne (NY Ct of App, #68-1964) Village ordinances prohibit Def from designing and manufacturing wallpaper in own home, permit entry into private homes by public officials without consent. Officials entered, searched Def's home; Def convicted of violation of non-manufacturing ordinance. June 10, 1964: Ct of App, 4-3, reversed: ordinance that purports to allow entry without consent into home violates 4th Amdt.

Henry Mark Holzer, Esq., 475 Fifth Ave., NYC.

303.56. Beck v Ohio (USSC, #18) (191 NE2d 825) 1961: Def driving auto, police stopped him, arrested him, searched car without arrest or search warrants; at station searched Def, found clearing house slips in sock; charged with possessing slips. Ct overruled motion to suppress evidence; convicted; affirmed. USSC granted cert. Nov 23, 1964: USSC (6-3) reversed, Stewart, J: Issue: whether at moment of arrest police had reasonably trustworthy information on which to base arrest without warrant; trial ct made no finding of fact; police arrested because knew Def from police photo and record, no current information. Clark, J (Black, J) diss; Harlan, J, diss.

James R. Willis, Esq., Cleveland.

304. Suits for False Arrest, Police Practices (see also 580, 151)

Art 9: No one shall be subjected to arbitrary arrest, detention. . . .

304.13. Wirin v Hilden (SD Calif) Facts: X DOCKET 37.

Nathan L. Schoichet, Esq., correct address: 9300 Wilshire Blvd., Beverly Hills, Calif.

304.17. Pierson v Capt Ray (formerly reported as Rev Morris v) (CA 5, #21325) Facts: X DOCKET 37.*

L. H. Rosenthal, Esq., 242½ E. Capitol St., Jackson, Miss.; Carl Rachlin, Esq., 165 W. 46th St., NYC.

304.18. Rev Jones v Teasley (USSC) Facts: X DOCKET 37. CA affirmed DC order to post $36,000 appeal bond. USSC denied cert.
304.19. Nesmith v Alford (Montgomery) (MD Ala) Facts: X DOCKET 37. Case settled on payment by Defs of all ct costs and Pl's out-of-pocket expenses.
304.21. Ware v Johnson (CA 5)*
304.28. Thomas v McCain (WD Va, #591) Facts: X DOCKET 38. Ruth L. Harvey, Esq., 453 S. Main St., Danville, Va.
304.35. Griffin v Kerr (ND Calif, #42245) Facts: X DOCKET 38. In dismissing as to Univ, DC rejected Pl's contention that notwithstanding Univ is public agency, there is jurisdiction under Civil Rights Acts, 42 USC §1988.
304.38. Gause and Avant v Chicago Police Officers (Cir Ct, Cook Co, #64-L-9071) Facts: X DOCKET 38. Correction: No appeal from dismissal of city. Trial pending in action against individual police officers.
304.39. Mack v City of Chicago (erroneously listed as Mock) (Cir Ct, Cook Co, #63-S-15147)
304.44. Johnson v Crumlish (ED Pa, #Civ 33,800) Facts: X DOCKET 39. Pending.

Albert B. Soffian, Esq., 1518 Walnut St.; Albert Dragon, Esq., 1110 Liberty Trust Bldg., both of Philadelphia.

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304.45. White v Bonnanno and San Francisco (ND Calif, #42556 Civ) Facts: X DOCKET 39. Pl sought to appeal in forma pauperis grant of city's motion to dismiss; DC denied: requisite poverty not shown. Issue on appeal: whether holding in Monroe v Pape, that Congress did not intend municipalities to be parties defendant, changed due to state law changes in sovereign immunity as in Duble v Brown and Chicago. Trial pending in action against individual policemen.
304.46. Evans v Jones, Jacobs (MD NC, #C-195-D-64) Error in facts: X DOCKET 39. Pl, Negro, allegedly seized, threatened, beaten by deputy sheriffs because he had looked at white woman (wife of deputy); not arrested. Nov 12, 1964: Suit filed against county, sheriff, deputies for damages for deprivation of civil rights under 42 USC §§1983, 1985, 1988; common law tort action under ct's "pendent jurisdiction" against deputies individually. Pl alleges he had committed no crime and no reasonable grounds to suppose he had; Defs conspired to deprive him of civil rights solely because of race. Pretrial motions pending.
304.47. Zellner v Lingo, Painter (Montgomery) (CA 5) Facts: X DOCKET 40. Pl's appeal pending.
304.48. Tyson v Cazes (CA 5) Facts: X DOCKET 40. DC dismissed. Pl's appeal pending.
304.50. Intl Bhd of Elec Workers v City of Jackson, Miss (SD Miss, Jackson Div) 1964: Organizers of Pl-Union distributed handbills at Zinsco Elec Prod Co; arrested. Pl sued city, city and state officials: damages for violations of constitutional rights and Civil Rights Acts. May 1964: Union attempted to organize Universal Mfg Corp; threats to organizers of injury and death if did not leave town in 12 hrs; attempts to get police protection failed; police stopped Pl's distribution of leaflets. Union filed suit against officials. Pending.
304.51. Gomez v Texas (Tex Ct of Crim App) Def, Mexican-Am, convicted; 30 yrs. Def filed petition for writ of habeas corpus: (1) ct-appointed counsel incompetent; known user of narcotics; (2) search warrant improperly issued; (3) no hearing on whether confession voluntary; (4) prior conviction read to jury; (5) charge to jury required finding of guilty regardless of evidence; (6) search warrant described Def as "an unknown Latin American"; to describe solely by race is violation of 14th Amdt. Pending.

Maury Maverick, Jr., Esq., Calvert Bldg., 535 S. Main St., San Antonio, Tex.

304.52. Morton v Martin (Hawthorne) (SD Calif, Cent Div) Dec 20, 1963: At 3:15 a.m. police, guns drawn, entered Pl's home by throwing concrete block through window; arrested Pl, searched house and effects. No warrant, request to enter, or identification as police officers. Pl taken to police stations in 2 cities, informed of charge: suspicion of armed robbery. 3:15 p.m.: released, charges dropped. Police had impounded car: $11. Aug 7: Pl sued for general and exemplary damages. Pending.

Hillel Chodos, Esq., for ACLU of S. Calif., 257 S. Spring St., Los Angeles.

304.53. Garrett v Los Angeles (Super Ct) Mar 12, 1964: At 1 a.m. police broke into home of Pl, Negro Atty, woke Pl with guns drawn, searched apt and effects, ripped carpets, clothing, fixtures, damaged contents; refused to let Pl get warm clothing, forced to sit before broken window. When Pl asked about warrant, shoved with gun; told "Shut up, Nigger!" Jailed, mugged, fingerprinted. Later released, told no charges. Pl sued alleging illegal search and arrest, brutality; seeks $150,000.

A. L. Wirin, Fred Okrand, Taylor Morton, William A. Bjornsen, Esqs., for ACLU of S. Calif., 257 S. Spring St., Los Angeles.

304.54. Wright, Stringer v City of Los Angeles (L.A. Super Ct) Sept 29, 1963: Pls arrested, jailed; no complaint filed, never taken before magistrate. Oct 1: released. Dec 30: Complaint for damages filed with city council; rejected. Aug 11, 1964: Pls filed suit for false arrest: $4000 each. Pending.

A. L. Wirin, Fred Okrand, Esqs., for ACLU of S. Calif., 257 S. Spring St., Los Angeles; Thomas Neusom for NAACP.

304.55. NAACP v Detroit Police Dept (Mich Civ Rights Comm) Dec 30, 1964: NAACP filed complaint with Comm requesting public hearing on incidence of police brutality toward Negroes. Comp and other civil rights organizations urge integration of police cruisers, civilian review bd, policy prohibiting shooting by officers except when necessary to protect life of self or another. Pending.
304.56. Cruz v New York City Sept 9, 1964: Informer told police suspected killers could be found near certain Lower East Side address. Detectives staked out area; Pl, Puerto Rican, appeared; fled. Pl alleges detective failed to identify self, beat Pl, shot him without warning; wound nearly fatal. Sept 10: Same informer told police they had wrong person. Pl filed suit for negligence, assault, malicious prosecution: $2 million. Pending.
304.57. Walker v Edwards, Detroit Police Commr (ED Mich, S Div, #24213) May 19, 1963, 11 p.m.: Pl phoned for police to come to residence because crime apparently being committed. Def-policemen came, arrested suspected felons, and Pl, without warrants. Def-policemen placed Pl in cell with captured felons, who assaulted Pl. Pl taken to hospital in police custody; transferred to other police stations, interrogated; released after 36 hrs without charges. Feb 15, 1965: Pl sued for $300,000 damages under 14th Amdt, 28 USC §1343(3), 42 USC §1983. May 1965: Case settled for $6,000.

Keith, Conyers and Anderson, Esqs., 2257 Guardian Bldg., Detroit.

304.58. Brown v Brauer, Frenelius (ED Mich, N Div) Sept 28, 1964: Pl arrested without warrant: drunk on public street. Allegedly beaten by Def-officers at time of arrest and continually during travel by allegedly circuitous route to station. Not allowed to call family, attorney or doctor; received no medical attention. Pl suffered concussion, aggravation of hernia recently operated on, etc. Jan 7, 1965: Jury trial: Pl acquitted. Pl filed suit under 28 USC §1343, 42 USC §1983 and 14th Amdt for $35,000. Pending.

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

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310. Indictment
311. Challenge to Grand Jury Composition (see also 510)
312. Attacks on Character of Evidence

312.26. Molina del Rio v New York (USSC) Facts: X DOCKET 40. USSC denied cert.
313. Charge of Entrapment

313.4. Benson v Pitchess, Sheriff (USSC, #874) (23 Cal Rptr 908) (336 F2d 791) Facts: X DOCKET 40. Feb 3, 1965: Def filed petition for cert. USSC denied.

And see La v Cox, 51.25a.

And see cases at 373.

314. Charge of Conspiracy

314.7. Michigan v McNeil (Detroit) (Recorders Ct) Mar 1, 1965: Altercation in store operated by Azzam family involving theft of cake by Negro boy. Bystander protested treatment of boy, was shot and killed as leaving store; sixth shooting by members of family (see Green v Azzam, VIII DOCKET 102—IX DOCKET 15, where Def-Azzam police officer). Neighborhood residents, later civil rights workers, began picket of family's grocery and liquor stores for avowed purpose of putting them out of business; picket continued every day for 7 wks, drastically reduced business. On Azzam's complaint, DA issued 37 warrants; 17 Defs arrested: conspiracy to drive complainant out of business. Azzams' atty brought civil action in Cir Ct. Both actions removed to DC under 28 USC §1443(2). Both actions withdrawn on agreement that picketing end.

George Crockett, Jr., James Lafferty, Esqs., Cadillac Tower; Prof. Charles Quick, Wayne Univ. School of Law, Detroit.

314.8. California v Schnepf (Los Angeles) (Super Ct, #289205) Muni Ct issued search warrants ex parte for seizure of books; 14 Defs, authors, publishers, bookbinders, arrested: conspiracy to publish and sell obscene books. Publication and sale is misdemeanor; conspiracy to commit misdemeanor is felony. Aug 7, 1964: Super Ct denied Defs' motion to dismiss. Sept 15: DCA denied writ of prohibition. Sup Ct refused to hear appeal. Feb 1, 1965: Trial on conspiracy charge. Decision awaited.

R. R. Hecht, Esq., 8447 Wilshire Blvd., Beverly Hills; F. D. Raven, Esq., 530 W. 6th St., Los Angeles.

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

315. Inspection of Pretrial Statements of Government Witnesses
316. Inspection of Grand Jury Minutes
320. Double Jeopardy
321. In Federal Cases
322. In State Cases

322.8. New York v Kaminetsky (NY Sup Ct, App Div, 2d Jud Dept) 1964: Defs, witnesses before grand jury investigating bookmaking, refused to answer whether knew named telephone official: would incriminate selves in pending fed gambling trial. Some serving 3d sentence of 30 days and $250 for refusal to answer same question. Oct 19: Appeal argued: do subsequent contempt convictions for refusal to answer same question constitute double jeopardy? Decision awaited.
322.9. New York v Russell (NY Sup Ct, 1st Jud Dist) 1953: Def convicted of assault in shooting; victim hospitalized for a period. Def served 6 years. Jan 1964: Shooting victim died, allegedly as result of wound. Def indicted: 1st degree murder. July 3: Sup Ct denied motion to dismiss: Code Crim Proc provides that conviction of assault not bar to subsequent prosecution for manslaughter or murder. Pending.

Henry B. Rothblatt, Esq., 507 E. 161st St., Bronx, NY.

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

322.10. California v Purvis (ND Calif) 1958: Def convicted of murder. In penalty trial, Calif Sup Ct 3 times set aside sentences of death on ground of prejudicial misconduct of DA. Sept 11, 1964: In action to enjoin 4th attempt by prosecution to get death sentence, DC denied relief: time not yet appropriate to pass on all legal implications of prosecutor's misconduct; but "California authorities should now be on notice there is a constitutional limit to the number of times a man must undergo a trial where his life is at stake and where one of the reasons for the repeated trials is deliberate misconduct by the prosecutor."
330. Self-incrimination: Criminal Sanctions for Exercising Privilege (see also 270)
331. Before Congressional Committees
332. Before State Committees
333. Before Grand Juries and Tribunals

333.20. New York v Barnett, Crenovich (NYC Crim Ct, ##B 8207, B 8989-91, B 8993) Facts: X DOCKET 40. Jan 28, Feb 23, 1965: 4 Defs convicted: civil contempt; 30 days and $250. Mar 9: 7 more Defs arrested: criminal contempt; trials pending. Mar 13: Def-Martino arrested. Mar 11: Def-Goldstein again convicted for refusal to answer same question; ordered confined in Women's House of Detention. Conditions and practices there under investigation by 3 agencies. Mar 18: App Div ordered Def-Goldstein transferred to Civil Jail "today—this afternoon"; denied bail pending appeal; reserved decision on plea to annul contempt citation.

Mar 22: 5 Defs indicted Oct 27, 1964, convicted; sentences pending. Defs argue NY immunity statute insufficient in light of fed govt's expressed interest in prosecution; grand jury selection involves systematic exclusion of minority groups, working class; grand jury used as device to punish or inhibit exercise of 1st Amdt liberties.

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333.20a. McAdoo v Rothenberg (SD NY) Mar 2, 1965: Defs indicted or threatened with indictment in 333.20, and those allegedly harassed for association with Defs, filed 3-judge ct suit against city officials, grand jury members, to enjoin phone taps, mail opening, further grand jury hearings, shadowing Pls and those seeking to aid Pls, including printers of appeals for financial aid for defense of Pls. Suit also seeks to have Pen Law §§161, 166, 2097, and Judiciary Law §§590, 609 declared unconstitutional; to enjoin continuation of civ and crim proceedings against Pls; to secure release of Pls incarcerated, and damages. Pending.

Eric W. Schmidt, Esq. 11 Park Pl., NYC; J. A. Jordan, Esq., 1228 E. Virginia Beach Blvd., Norfolk, Va.; L. W. Holt, Esq., 250 Nicholson N.E., Washington, D.C.

And see Epton, 54.9; Rosen 54.9b.

333.21. New York v Stevens (CA 2, #29599) (239 F Supp 419) 1964: In grand jury investigation of gambling, Def, expolice-lieutenant, without counsel, signed limited waiver of immunity from prosecution. June: testified before grand jury. July 15: Def withdrew waiver, refused to answer whether had accepted bribes from gamblers while on police force. July 30: Contempt: 30 days and $250. Aug 4: App Div refused stay pending appeal. SD NY denied habeas. Sept 28: asked same question, refused to answer; 5th Amdt: 30 days and $250; filed appeal of 1st contempt citation. Oct 7: Def removed, 28 USC §1443. Oct 20: DC remanded. Oct 30: Def appealed Sept 28 contempt citation; App Div denied stay pending decision. Nov 2: App Div affirmed 1st contempt citation. Jan 15, 1965: Def again cited for contempt. Feb 4: Motion for leave to appeal Nov 2 App Div affirmance to Ct of App denied. Feb 15: Def petitioned DC for habeas re Jan 15 conviction; denied. May 12: CA 2 affirmed. Issue: effect of Malloy v Hogan, 332.1, 378 US 1, Murphy v Waterfront Comm, 335.11, 378 US 52, on Regan v New York, 396.1, 349 US 558.

Moloney & Schofield, Esqs., 137 S. Main St., New City, N.Y.

334. Grants of Immunity: Federal

334.8. US v Ahlers (CA 2, ##29041, 29082) 1964: US Dept of Labor investigated racketeering in Bldg Serv Employees Union. Before grand jury, Def, builder, asked about award to him of contract for local's health ctr; refused to answer, 5th Amdt, despite immunity granted under Kennedy-Landrum-Griffin Act. On govt motion, found in contempt; DC ordered confined until agrees to answer; released on bail pending appeal. Sept 1, 1964: CA affirmed. Jan 25, 1965: USSC denied cert.

Herbert S. Siegel, Esq., 165 Broadway, NYC.

335. Grants of Immunity: State
336. Criminal Registration Laws
And see 1950 Internal Security Act, 211, and 245.16.
337. Miscellaneous
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) Facts: X DOCKET 41. $136,000 judgment paid; includes payments to retirement fund, costs, interest. Pl presently teaching.
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)

345.1. Cohen v Hurley (USSC) (366 US 117, 1961) Def, atty, invoked privilege against self-incrimination in judicial proceeding; disbarred. Issue on new appeal: in light of importance of independence of the bar, whether disbarment for exercise of privilege permissible under Malloy v Hogan, 332.1, 378 US 1. Pending.

Herman Gerringer, Esq., for amicus Natl. Lawyers Guild, 38 Park Row, Suite 1106, NYC 38.

346. Effect on Unemployment Insurance and Social Security (see also 263)
350. Due Process

Art 8: Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

Art 11: (1) Everyone charged with a penal offense has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense.

351. In Arraignment (Delay) (and see 353)

351.4. McNear v Rhay, Supt, Wash Penitentiary (Wash Sup Ct, #36981) (65 Wash 513) Facts: X DOCKET 41. Jan 28, 1965: Sup Ct granted writ of habeas corpus; Townsend v Sain, 452.6, 372 US 293, requires that trial ct find reliable facts according to fed standards of constitutionality.

Philip L. Burton, Esq., 1415 N.E. 45th, Seattle.

352. In Grand Jury Procedures (see also 311, 316)
See 333.20, .20a.
353. In Obtaining Confessions

353.22. Davis v North Carolina (USSC) Facts: X DOCKET 41. DC denied habeas writ. CA 4 affirmed; 2 diss. Petition for cert pending.
353.26. New York v Jackson (formerly Jackson v Denno) (NY Sup Ct, 2d Jud Dist) (378 US 368) Facts: IX DOCKET 97. June 22, 1964: USSC reversed conviction based on confession given under drugs: NY procedure whereby issue of voluntariness submitted to jury with all other evidence for single verdict held denial of due process. 1965: Preliminary hg before Sup Ct on voluntariness of 11-word oral confession obtained by detective from wounded Def in emergency room before he received medication; oral admission made to nurse, witness at first trial. Decision on voluntariness awaited; trial scheduled.

Edward H. Levine, Esq., 42 Broadway, NYC; Prof. Daniel G. Collins, NYU Law School, NYC.

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353.27. New York v Mitchell (NY Sup Ct, 11th Jud Dist) Aug 29, 1963: Def confessed to murder after allegedly being held 5 wks without being booked, without counsel; questioned for 80 hrs by police. Mar 1964: An unrelated person confessed to committing crime. June 1964: Def's trial ended in hung jury. Jan 29, 1965: Pretrial hearing on whether confession voluntary. State's key witness testified he was physically coerced, threatened with long term in connection with a burglary in order to force his testimony at first trial. Feb 5: Sup Ct found confession voluntary; no denial of right to counsel.

Herbert A. Lyon, Esq., 123-60 83d Ave., Kew Gardens, Queens, NY.

353.28. New York v Coleman (NY Sup Ct, 2d Jud Div) 1960: Def convicted of murder: death. Mar 31, 1965: Case reopened on ground confession on which conviction based not voluntary. Def alleged he was beaten during interrogation; threat made of arrest of pregnant common law wife on narcotics and prostitution charges; confessed to burglary and rape; allegedly never told that alleged victim was dead. Def previously diagnosed mentally deficient; spent years in school for mentally retarded. Apr 12: Confession held voluntary.

Samuel A. Neuberger, Esq., 30 Vesey St., NYC; Eleanor Fisher, Ray H. Williams, Esqs., for amicus NAACP Legal Redress Comm., Brooklyn.

353.29. New York v Whitmore (NY Sup Ct, 2d Jud Div, 1st Jud Div, ED NY) Apr 23, 1964: Def, age 19, IQ 60, apprehended, held 24 hrs, questioned re Apr 23 attempted rape. Def made: (1) confession to Apr 23 attempted rape; (2) confession to Apr 14, 1964, murder; (3) 60-page confession to Aug 28, 1963, double murder. Apr 24: Arraignment; Def repudiated all 3 confessions; alleged physical coercion, denial of counsel.

(3) Double murder of Aug 28, 1963: Immediately after Def's confession, Chief of Detectives related details to press; stated "No question about it, he's the right guy." Independent study showed: (1) photograph allegedly of victims, found in Def's possession, which Def denied, then confessed he had taken from apartment of victims—actually obtained by Def elsewhere, subject of photograph found, unrelated to crime; (2) endearments written on back of photo linking names of Def and victims—found to be added later; handwriting neither Def's nor victims'; (3) every fact contained in confession contained in police report compiled before Def's arrest. Jan 27, 1965: indictment dismissed. Jan 28: Def-Robles, 301.25, arraigned for Aug 28 murders.

(1) Attempted rape: Apr 23, 1964: Def apprehended, confessed. Apr 24: arraigned, repudiated confessions. Nov: Sup Ct held confession voluntary; Nov 18: Jury verdict: guilty. Jan 8, 1965: Def moved to set aside conviction: bias and misconduct of jury. Jan 14: Def submitted affidavits: racial remarks made during jury deliberation tended to infer guilt from alleged racial sexual attributes; jury discussed confession and indictment in Aug 28 murder, read newspaper accounts. Sup Ct sustained DA's objection to admission of affidavits. Def filed motion in opposition to DA's request for blue ribbon jury: denied. Sup Ct ordered hearing on validity of confessions to (1), (2), found confession voluntary. Mar 2: After hearing on bias and misconduct of jury, DA joined in motion for new trial. Mar 19: Sup Ct granted: both racial prejudice and consideration of news of other confessions had infected jury's verdict.

(2) Murder of Apr 14, 1964: Apr 29, 1964: Def arraigned; repudiated all 3 confessions. Def indicted for (2). DA refused to dismiss despite requests based on evidence that confessions extracted at same time coerced and false. Feb 18: Sup Ct ordered hearing on validity of confession. Def filed motion, affidavits opposing blue ribbon jury; would be all white, all male; denied. Mar: Confession held voluntary. Apr 2: Def petitioned DC for writ of habeas corpus, stay of trial in Sup Ct; contended confession involuntary as matter of law. Apr 5: Trial. Pending.

Stanley J. Reiben, Esq., 160 Broadway, NYC; Arthur H. Miller, Esq.; Jerome Leftow, Esq., all of NYC.

Norman Johnson, Ray H. Williams, Esqs., for NAACP, Brooklyn, in (1).

353.30. Boles v Stevenson (USSC, #298) (221 F Supp 411, 331 F2d 939) Def arrested: first degree murder. At trial, police testified they gave Def choice of viewing scene of crime or explaining his connection with it, Def then confessed Def moved to strike confession because of no warning to Def; ct denied without comment or hearing on voluntariness. Def denied making admission; convicted: death. W Va Sup Ct affirmed: no preliminary examination necessary, confession voluntary. USSC denied cert. DC granted habeas petition; CA affirmed. Nov 16, 1964: USSC, per curiam, granted cert on habeas petition, modified CA order, citing Jackson v Denno, 353.26, 378 US 368; procedure by which trial ct decided voluntariness of confession not fully adequate; writ should issue, but Def not entitled to new trial, only to hearing in state ct under appropriate standards.

And see Harper, 512.Miss.6.

354. In Press Releases and Newspaper Coverage

354.5. Sheppard v Maxwell, Warden (CA 6, #16077) (231 F Supp 37) Facts: X DOCKET 42. Pet out on bond. Oct 9, 1964: State's appeal argued; pending.
354.6. Lambright v California (Calif Sup Ct) Facts: X DOCKET 42. Cite: 393 P2d 409, 61 C2d 482.
354.7. Estes v Texas (USSC, #256) Pet tried in state ct for swindling. Portions of trial televised. Pet convicted; Tex Ct of App affirmed. Dec 7, 1964: USSC granted cert limited to question whether overruling Pet's objection to live television was denial of due process and equal protection. Pending.

Norman Dorson and Melvin Wulf, Esqs., for amicus ACLU, 156 Fifth Ave., NYC; Sam Houston Clinton, Esq., for amicus Texas CLU, 308 W. 11th St., Austin.

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354.8. New Jersey v Van Duyne (NJ Sup Ct, #A-9) (43 NJ 369) Oct 1963: Def convicted of murder. Nov. 16, 1964: On appeal, Def argued newspaper publicity based on police statements denied him fair trial; newspapers found in jury waiting room. Sup Ct affirmed: no evidence jurors lied when they said they were unprejudiced; announced prohibition on statements to news media by prosecution, defense, and police about alleged confessions, admissions, prior arrests or convictions, and statements that case is "open and shut"; statements by attorneys considered breach of ethics; by others, interference with due administration of criminal justice.

Heyman Zimel, Esq., 35 Church St., Paterson, N.J.

354.9. Seide, Accorso v Rochester Democrat and Chronicle (NY Sup Ct, 7th Jud Dist) Def-newspaper announced series on gambling with personal information, police records of all local holders of federal gambling tax stamps. Pls, defs in prosecution for operating gambling establishment, sought injunction prohibiting publication of police and ct records; would make fair trial impossible. Dec 4, 1964: Sup Ct issued temporary injunction; order to show cause why should not be made permanent.
355. In Admitting Perjured Testimony (see also 312)

355.4. Sobell v US Facts: X DOCKET 42. Cite for c.d.: 374 US 857, 1963.
355.11. US ex rel Miller v Pate (USSC) Facts: X DOCKET 42. Feb 20, 1965: CA reversed DC grant of new trial; denied rehearing. Def's petition for cert alleges prosecution suppressed evidence; knowingly used unreliable principal witness. Pending.
355.12. Shuler and Chatman v Florida (USSC, #58) (161 So2d 3; c.d., 379 US 892) Facts: X DOCKET 42. Oct 26, 1964: USSC denied cert without prejudice to habeas petition in DC.
356. In Courts Martial (see also 390)

356.15. US v Crawford (#17,453) (15 USCMA 31; 9 RRLR 1438) 1964: Negro army private convicted of assault with deadly weapon; Def claims low ranking enlisted personnel excluded and one Negro deliberately included on court martial. Sept 18: CMA held: inclusion designed to secure fair representation, so no violation of equal protection. Diss: inclusion discrimination of same degree as deliberate exclusion.

And see cases at 512.

357. In Naturalization Proceedings (see also 259)
358. In Expatriation, Denaturalization and Deportation Proceedings (see also 258, 259)

358.24. Ting v Immigration Serv (Bd of Imm App) Facts: X DOCKET 42. Pet applied for relief under 8 USC §1253(h). BIA permitted Pet to remain, on ground of probable physical persecution, at discretion.
358.61. Matter of Joseph Douglas Johnson (Imm & Nat Serv, St. Paul, #A13001882) Facts: X DOCKET 42. Nov 24, 1964: At hearing, Def moved for production of documents in govt's possession; granted. Mar 1965: After 80-day delay in production of govt documents, Def moved to dismiss proceedings; denied. Hg officer reopened hearing on own motion. Apr 14: Hearing.
359. In Loyalty Hearings (see also 251, 268)
360. Speedy and Public Trial

360.9. Mason v Plampin (Tex Ct of Crim App, #36438) (374 SW2d 916, 232 F Supp 539) Def, Negro minister, indicted for assault on officer; moved for change of venue; denied: state law authorizes change of venue only in felony cases or misdemeanor cases in cities with over 2500 population. Aug 10, 1964: On habeas, DC vacated, remanded: constitutional right to fair trial applies to both felony and misdemeanor cases; Def entitled to be heard on claim of hostility and prejudice; failure of legislature to provide for change of venue in cases of "necessity" (citing Irvin v Dowd, 354.1, 366 US 717) places duty on judiciary to provide for this where totality of facts requires it, even in violation of statute. Pending.

Robert L. Penrice, Esq., 316 Sherman St., Waco, Texas.

370. Right to Counsel
Article: The problem of adequate representation of indigent and other defendants in criminal cases, 36 FRD 129 (1965).
371. In Federal Cases

371.6. Johnson v US (CA 5, #21653) Facts: X DOCKET 43. May 11, 1964: Def moved to vacate bank robbery and contempt sentences; denied. Feb 1965: Appeal argued; decision awaited.
371.7. Pate v Wilson (CA 9, #19766) Facts: X DOCKET 43. Issues on appeal: (1) whether state prisoner in custodial care of another state must exhaust remedies in cts of sending state before seeking fed habeas corpus; (2) right to counsel at preliminary hearing in state prosecutions.
371.8. Jones v Warden, Columbia Reformatory (CA 4) July 1963: DC Parole Bd revoked indigent Pet's parole, complied with earlier ct order that Pet must be informed of right to counsel; refused to appoint counsel. Nov 4, 1964: CA affirmed: Bd not required to appoint counsel for indigent parolee; parole revocation hearing not of importance of criminal trial, merely withdrawal of privilege granted by grace of Bd. Sobeloff, CJ, conc: Had parolee challenged alleged violations of parole, hearing would have adversary character, appointment of counsel would be required where statute made any provision for representation by counsel at hearings.
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371.9. US v Hoffa (CA 6, ##19,876-19,879) May 9, 1963: Prosecution for bribing juror in earlier conspiracy trial. 1964: Convicted. Principal govt witness was govt agent who, as union official, participated in conferences with Def and counsel at time of earlier trial, reported to govt. On appeal, Def argues violation of right to counsel; evidence illegally obtained. Dec 1964: Appeal argued, CA denied Def's motion to remand for new trial. Decision awaited.

Morris A. Schenker, Esq., 408 Olive St., St. Louis, Mo.

371.10. US v Sturgis (CA 3) Local draft board classified Def, Jehovah's Witness as C.O.; refused ministerial status; issued compulsory work order. Def refused to comply. June 1964: DC convicted: 2 mos. On appeal, Def argues that not allowing representation by counsel in proceedings before local bd violates 6th Amdt: bd's file forms basis for crim prosecution; at trial, evidence usually restricted to contents of file.

Herbert W. Yanowitz, Esq.

And see cases at 120.

372. In State Cases

372.14. Alabama v Hamilton (Ala Sup Ct) Facts: X DOCKET 43. Appeal pending.
372.21. New York v Coe (Oneida Co Ct) (232 NYS2d 944)

And see cases at 451.

372.25. Smith v Breazeale (formerly v Mississippi) (ND Miss, #GC 6440) Facts: X DOCKET 44. Pet filed habeas corpus petition alleging systematic exclusion of Negroes from jury: Co population—9,300 white, 23,700 Negro; in last 15 yrs fewer than dozen Negroes on lists of jury eligibles. Other issues: illegal search and seizure, coerced confession, denial of counsel before trial, denial of adequate representation at trial: white ct-appointed counsel spent less than 1½ hours in preparation, refused to speak to Pet's wife who had evidence material to defense. Pending.

Additional counsel: R. Jess Brown, Esq., 125½ N. Farish St., Jackson, Miss.; Benjamin E. Smith, Esq., 305 Baronne St., New Orleans.

372.33. New York v Baker (Sup Ct, NY Co, #2195-64) Facts: X DOCKET 44. Jan 1965: Sup Ct granted DA's motion for blue ribbon jury. Hearing held on voluntariness of confession; decision awaited. Appeal pending in App Div of denial of habeas based on right of indigent to choose counsel.
372.35. Louisiana ex rel Williams v Hanchey (formerly v Clemmons) (19th Jud Dist Ct, Parish of E Baton Rouge, #101,779; ED La, Baton Rouge Div, Misc #779)*

And see 453.3.

372.36. Anderson v Kentucky (USSC, #1) (c.g., 371 US 886) Facts: X DOCKET 44. Oct 12, 1964: USSC denied motion for hearing.

Anderson, pro se.

372.37. California v Dorado (Calif Sup Ct) 1961: Def-convict allegedly killed another prisoner. Convicted: death. Aug 1964: Sup Ct reversed, remanded for new trial: failure of prison officials to inform Def, before questioning, of right to counsel and to remain silent was violation of 6th Amdt and due process under Escobedo, 372.34, 378 US 478. Jan 29, 1965: On state's petition for rehearing, Sup Ct, 4-3, affirmed; limited decision to cases pending at time of Escobedo.
372.38. New York v Gunner (Nassau Co; NY Ct of App) July 16, 1962: Storekeeper killed; Def came to Los Angeles. July 18: Arrested: murder; not told of right to counsel or to remain silent; made admissions to L.A. police, to NY police on plane and after return to NY. July 19: Atty phoned police; said no statements were to be taken from Def. After trial, convicted. Ct of App reversed, remanded: statements taken after atty's call erroneously admitted; refused to hold prior admissions inadmissible under Escobedo, 372.34, 378 US 478; failure of police to inform suspect of right to counsel not violation of 6th Amdt.

Edmond Allen Rosner, Esq., NYC.

372.39. Walters v Reinicke (Hartford Co Sup Ct) June 1956: Pet convicted of murder: life, without release. 1964: In habeas corpus action, Pet alleges arrest without warrant or probable cause, illegal search and seizure, denial of counsel during 3 days of interrogation despite repeated requests that he be allowed to consult atty. Pending.

Jerome E. Caplan, Esq., 37 Lewis St., Hartford, Conn.; Leslie H. Levinson and Melvin L. Wulf, Esqs., for ACLU, 156 Fifth Ave., NYC.

372.40. Ohio v C. Harris (Cuyahoga Co) (Ct of App) Def convicted. On appeal argues: (1) police must advise of right to remain silent; (2) atty must be appointed as soon as police have accused Def of commission of felony; appointment after indictment insufficient to satisfy 6th Amdt. Pending.

Walter S. Haffner, Esq., 1010 Standard Bldg., Cleveland 13.

372.41. New York v Taylor (NY Sup Ct, App Div, 1st Jud Dept) Oct 16, 1962: Bill collector fatally shot; Def arrested. While being questioned, Def allegedly requested to talk to his family who were in police station attempting to see him. Police refused; Def confessed; convicted. App Div reversed; remanded for jury determination whether request made; if so, confession inadmissible: violation of right to counsel: presumably when arrested person requests to see family he seeks aid, which may include retention of counsel; not to extend 6th Amdt thus would be to penalize those not wise enough, without suggestion, to seek counsel.
372.42. Georgia v Burkes (Terrell Co) (Ga Sup Ct) May 1964: Pet, illiterate Negro farmer, arrested: manufacture and possession of liquor on which tax not paid. Despite Pet's insistence of innocence, white atty retained by father entered plea of guilty in Super Ct, waived all rights: $650 and 6 mos. On nonpayment of fine, Pet resentenced: 3 yrs. Dec 15, 1964: Camilla City Ct denied petition for habeas. Appeal pending.

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

373. Indirect Restrictions (see also 265, 345)
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374. Opportunity for Appellate Review
380. Confrontation
381. In Criminal Cases

381.6. US v Butenko, Ivanov (D NJ, # Cr 418-63) Nov 7, 1963: 4 Defs indicted: conspiracy to transmit strategic information to Russia; Def-Butenko also for failure to register as agent of foreign govt. Oct 2, 1964: Def moved for production of names of all Govt witnesses; Govt dismissed as to Defs Sokolov and Baltch. Oct 5: DC ordered production of names of witnesses. Def moved for continuance: (1) Presidential campaign issue of softness on communism created atmosphere making fair trial impossible at present; (2) Soviet govt did not respond to depositions; denied. Def moved to dismiss indictment because State Dept had caused removal from country of those named as co-conspirators but not co-Defs; denied. Dec 2: Jury verdict: guilty. Dec 18: Sentenced.

Raymond A. Brown, Esq., 26 Journal Sq., Jersey City; Samuel A. Larner, Esq., 60 Park Pl., Newark.

See cases at 372.

382. In Civil Cases
390. Jury Trials (see also 356, 510)

Art 10: Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

391. Nature of Jury Trial

391.8. California v Arguello (Calif Sup Ct, # Cr 8264) 1961: Murder charge, Def convicted. DA told jury in sentencing trial: if Def sentenced to life, he could be released by cts, Adult Authority, or Governor; eligible for parole in 7 yrs. 1964: Sup Ct reversed death sentence, remanded for new trial on sentence: prejudicial error to so instruct jury. Apr 7, 1965: Argued on rehearing. Decision awaited.
392. Waiver of Jury

392.1. Igoe v US (USSC, #145) (331 F2d 766) Facts: X DOCKET 44. Mar 15, 1965: USSC denied cert. Petition for rehearing pending.

Anna R. Lavin, Esq., 209 S. LaSalle St., Chicago.

392.2. Singer v US (USSC, #42) Facts: X DOCKET 45. Mar 1, 1965: USSC (unanimously) affirmed, Warren, CJ: (1) no evidence that common law recognized Defs' right to choose between ct and jury trial; nor does US Const; (2) ability to waive constitutional right does not ordinarily carry with it right to insist on opposite of right; (3) FRCrP Rule 23(a) valid; (4) "We need not determine in this case whether there might be some circumstances where a Def's reasons for wanting to be tried by a judge alone are so compelling that the Govt's insistence on trial by jury would result in the denial to a Def of an impartial trial."

But see Rabinowitz, 55.68.

400. Excessive Bail; Parole Conditions
401. Amount of Bail

401.17. US v Hinton (DC DC) (238 F Supp 230, 1965) 1965: Indigent 19-year-old Def applied for release on own recognizance pending appeal. DC denied: history of unemployment, lack of substantial ties in community, prior juvenile and criminal record, failure to take advantage of Jury Ct probation, heavy weight of evidence in case, substantial period of Youth Center confinement imposed; set bail at $3000: bond supplied by others would create new community tie tending to insure Def's presence.
401.18. Palmer v Dist Ct (Denver) (Colo Sup Ct) (398 P2d 435, 1965) Pet charged with abortion, other felony. Bail $10,000. Pet jumped bail; went to Argentina; voluntarily returned, claimed amnesia; bail: $100,000. Pet pleaded not guilty by reason of insanity. Dist Ct denied motion for reduction of bail; denied bail because of plea. Jan 25, 1965: Sup Ct reversed: bail must be set unless proper commitment proceedings result in medical custody: Colo Const, Art II, §19 "all persons . . . bailable . . . except for capital offenses . . ."; cts forbidden to create other exceptions.

Richard E. Hartman, Eugene Deikman, Esqs., 1700 Broadway, Denver.

401.19. Thomas v Gladden (Oregon Sup Ct) (397 P2d 836, 1964) Pet convicted: involuntary manslaughter; in notice of appeal sought to have time in custody count toward sentence. Ct held this a waiver of right to bail; denied bail. Pet brought habeas seeking bail pending appeal. Sup Ct ordered writ granted unless Pet released on bail; held not waiver: bail is matter of right unless crime made not bailable by statute, Ore Rev Stat 140.020.
401.20. Aronson v May (USSC) (85 S Ct 3) Jy 1964: Douglas, J, denied bail pending appeal: only where application exceptional, deserving special treatment in interests of justice will DC order re bail pending appeal be disturbed, USSC Rule 49(4); requires greater showing of special reasons where habeas attacks incarceration resulting from judicial determination of guilt, e.g., substantial question in pending appeal.
401.21. Bowman v US (USSC) (85 S Ct 232, 1964) Application for bail pending appeal. Douglas, J, as Cir J, denied; held: exercise of discretion re bail pending appeal requires affirmative showing appeal not frivolous or dilatory; denied where application does not show what questions presented by pending appeal.
401.22. Rehman v California (USSC) (85 S Ct 8, 1964) Pet-physician convicted: conspiracy, assault, fraudulent exaction of fees. Allowed bail pending appeal upon surrender of license to practice. Aug 10, 1964: On cert, USSC revoked condition: surrender of professional license without hearing on special issues involved is denial of due process. Pros moved to revoke bail. Trial ct granted. Oct 7: USSC denied application for bail: Pet one of small and exceptional category of people not entitled to bail pending appeal because would imperil health, safety, and welfare of community.
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401.23. California v Savio (Berkeley) (Muni Ct) Dec 3, 1964: 780 of FSM demonstrators, 24.37, arrested, beginning at 3:00 a.m.: trespass, unlawful assembly; some also resisting arrest. Bail set according to schedule: $250 for 3 offenses; $150 for others. 9:00 a.m.: attys sought release of Defs on own recognizance; Muni Ct: students would return to campus and break law again if released on own recognizance; postponed ruling on bail reduction. 8:00 p.m.: Muni Ct ordered bail reduced to $110 and $55 but redtape between 2 city police depts led to many Defs being taken to Santa Rita Rehabilitation Center, 25 miles from Berkeley; many released at higher bail despite order. Some held 15 hours before release on bail, at least 2 (girls) held in solitary without access to counsel.

See Savio, 24.37.

402. Conditions Imposed

402.10. Pennsylvania v Morris (ED Pa) Def arrested: burglary. Bail set; Def could not raise it; remained in jail. Def sought injunction against being compelled to be displayed in police line-ups for possible identification by victims of crimes for which he had not been charged as unconstitutional. Mar 14, 1965: DC denied; held no violation of constitutional rights; only distinction is that those at liberty less accessible than those in custody. Order stayed pending appeal.
403. Denial of Bail
404. Miscellaneous Bail Problems
410. Cruel and Unusual Punishment

Art 5: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

411. In Criminal Cases
And see cases at 304.
411.11. Winston v US (ED NY) Facts: X DOCKET 46. Jan 14, 1964: Dismissed by stipulation of parties.
411.13. Cobb v Georgia (CA 5, #21085) Facts: X DOCKET 46. Dec 1964: CA 5 issued mandate to grant habeas; conviction void because Negroes systematically excluded from jury; fact that no challenge to composition made at trial not determinative: Ct-appointed counsel did not advise Def of constitutional rights; placed limit of 8 mos on reindictment, retrial. Apr 3, 1965: On retrial, all-white jury convicted; recommended mercy: life.
411.21. Virginia v Wansley (Lynchburg) (Corp Ct)*
411.23. New York v Fountain (NY Sup Ct, App Div, 3d Dept) Facts: X DOCKET 46. App Div reversed; indictments dismissed. No appeal.
411.24. North Carolina v Crawford (ED NC, #1515) (133 SE2d 232, 1963) Pet convicted of murder: death. 1963: Sup Ct affirmed. Oct 22, 1964: Petition for writ of habeas corpus in DC contends punishment by death is per se cruel and unusual punishment in violation of 8th Amdt. Held in DC pending exhaustion of state remedies. Nov 15, 1964: Habeas filed in Super Ct; denied. Appeal pending in Sup Ct.

F. B. McKissick, Esq., 213½ Main St., Durham, N.C.

411.25. Re Michael Andrada (Pasadena) (USSC, #884) (c.d., 85 S Ct 1088) 1963: Pet charged: failure to support children of previous marriage (misdemeanor); pleaded guilty. Muni Ct imposed sterilization of Pet and marriage to common law wife as condition of probation instead of yr in jail. No statutory authority for sterilization. Jan 16, 1964: Pet submitted to vasectomy. Jan 24: entered marriage. Feb 6: Muni Ct ordered 3 yrs probation. July 6: Pet requested investigation by Calif Comm on Judicial Qualifications. Pet filed petition for cert alleging violation of 8th Amdt and due process: procreation is basic civil right, no statutory authorization for sterilization. Mar 29, 1965: USSC denied cert.

Phill Silver, Esq., 1680 N. Vine St., Los Angeles.

411.26. Driver v Hinnant (ED NC, #Civ1639) Pet convicted of public intoxication (NC Gen Stat §14-335). Uncontradicted evidence at trial showed Pet chronic alcoholic: convicted 203 times in 34 yrs. In petition for writ of habeas corpus, Pet alleged chronic alcoholism is illness; punishment for exhibiting symptoms of illness cruel and unusual punishment, violates due process. Pending.

Peter Barton Hutt and Michael S. Horne, Esqs., Union Trust Bldg., Washington, D.C., for amici ACLU, Natl Capitol Area CLU, Washington Area Council on Alcoholism.

411.27. Washington, DC v Easter (CA DC) Def arrested 70 times since 1937 for intoxication. Sept 29, 1964: Ct Gen Sess convicted: 90 days suspended; declined to rule on Def's contention that chronic alcoholism is illness; punishment cruel and unusual; inadequacy of penal solution shown by congestion of cts with alcoholic cases (10% of all Washington arrests).

Peter B. Hutt, Esq., Union Trust Bldg., Washington, D.C., for Natl Capitol Area CLU.

411.28. California v Budd (Alameda Co) (Super Ct, App Dept) Def convicted: drunkenness. On appeal, alleges criminal punishment for exhibiting in public symptoms of alcoholism violates 8th Amdt and due process. Pending.

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

412. In Extradition Cases
413. In Civil Cases

413.8. Parrish v Civil Service Commn (Alameda Co Dist Ct of App) Pl fired for refusal to conduct midnight bed searches of welfare recipients. Issues: (1) must Co employee obey unconstitutional orders; (2) does order violate equal protection clause by discriminating against poor people as unreasonable classification; (3) are bed checks unconstitutional searches, violations of right of privacy, cruel and unusual punishment. Appeal pending. Albert Bendich, Esq., 2890 Telegraph, Berkeley; Coleman Blease, Esq., 933 Carro Dr., Sacramento.

See cases at 25, 304, 564.

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413.9. In re Anonymous Mother (Newark Dom Rel Ct) Oct 12, 1962: 22 year-old mother of 4 illegitimate children who left them in care of grandmother charged with desertion: 5 yrs probation, warned not to have more illegitimate children. Dec 16, 1964: Mother pregnant, unmarried; arrested: failing to report to probation officer. Judge Bellfatto ordered indefinite term in reformatory.

And see McLaughlin, 56.15.

430. Due Process for Juvenile Offenders (see 56)

Art 25: (2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

430.4. Matter of Gault (Ariz Sup Ct, #8549) June 8, 1964: Pet learned, not from authorities, her 15-yr-old son in custody of juvenile ct, located son at detention home; held for making allegedly indecent phone call. June 9: Hearing; Pet not told of right to counsel, to present evidence, to cross-examine, or of possible consequences. June 15: found delinquent: indecent language in presence of another; committed to industrial school. Aug 3: Pet filed for writ of habeas; Sup Ct referred matter to Super Ct. Aug 17: Hearing; petition denied. Pet appealed, alleging denial of due process; unconstitutionality of Juv Code in not providing for notice of charges, record, findings of fact, or appeal. Pending.

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

440. Due Process for Incompetent Defendants

440.1. New York v Codarre (USSC, #304) (c.d., 85 S Ct 153) Facts: X DOCKET 47. Oct 19, 1964: USSC denied cert.
450. Post-Conviction Remedies
451. In State Courts in State Cases
452. In Federal Courts in State Cases

452.7. US ex rel Durocher v LaVallee (CA 2) (c.d., 377 US 998) Facts: X DOCKET 47. Jan 22, 1964: USSC denied cert. Harlan, J, diss.

Leon B. Polsky, Esq., for Legal Aid Socy, 11 Park Pl., NYC.

452.9. Re Aaron v Holman (MD Ala, N Div) (155 So2d 334, 1961; c.d., 375 US 989, 1963) 1960: Negro Pet arrested: rape. At trial, white counsel stated no objections to jury selection would be made. Nov 29: Convicted: death. Sept 28, 1961: Sup Ct affirmed. Pet filed coram nobis petition raising jury question: denied. Feb 1, 1965: Pet filed supplemental coram nobis application in Ala Sup Ct since Ala has no statutory post-conviction procedures, no time limits: illegality of arrest, coerced confession, denial of counsel, systematic exclusion of Negroes from grand and petit juries. Feb 4: Denied. Feb 15: Pet filed petition for habeas in DC: effect on due process of trial before judge in whose election Negroes not permitted to vote; death penalty for rape violates 8th Amdt; systematic execution of Negroes for crimes for which whites rarely executed violates equal protection. Pending.

Charles S. Conley, Esq., 530 S. Union St., Montgomery, Ala.

And see 372.

453. In Federal Cases

453.3. Louisiana ex rel Williams v Hanchey (formerly v Clements) (CA 5) Facts: X DOCKET 47. Pet filed fed habeas. DC denied. Appeal pending.

And see 553.Fla.3.

460. Sentencing and Clemency Procedures
Paper: Tobias Simon, Selective electrocution based on race. ACLU of Florida, 223 S.E. First St., Miami 32.
461. Sentencing Process

461.2. Wood v Denno (CA 2)*
461.6. Maxwell v Stephens, Warden (CA 8) Facts: X DOCKET 47. Appeal pending.

George Howard, Esq., 329 Main St., Pine Bluff, Ark.; Harold B. Anderson, Esq., Century Bldg., Little Rock.

461.7. Mitchell v Stephens (formerly v Henslee) (CA 8, #17835)*

And see 512.Ark.

462. Applications for Probation
463. Applications for Parole
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 (USSC, #496) Facts: X DOCKET 48. Dec 7, 1964: USSC noted prob juris. Mar 29, 1965: Appeal argued. Decision awaited.

Additional counsel: Prof Thomas I. Emerson, 127 Wall St., New Haven.

Rhoda H. Karapatkin, Melvin L. Wulf, and Jerome E. Caplan, Esqs., for ACLU, 156 Fifth Ave., NYC, and Conn. CLU.

And see McLaughlin 56.15.

490.23. US v Cook (ED SC, #23705) Facts: X DOCKET 48. Oct 28, 1963: Def indicted under 18 USC §§1581(a), 1584, for holding Negro in involuntary servitude, forcing him to work against his will, causing arrest for purpose of placing in condition of peonage. May 1, 1964: Jury found Def not guilty.
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490.25. Giacco v Pennsylvania (USSC, #831) (196 A2d 189, 202 A2d 55) 19 Pa Stat Anno §1222 (1802): when jury finds misdemeanor-Def not guilty, it may order costs of prosecution be borne by Def, who will be confined until paid or security given. 1962: Def tried for misdemeanor; found not guilty; assessed for costs; gave security. Apr 27, 1962: Def filed motion to be relieved of payment of costs: statute unconstitutional: (1) vague; (2) permits punishment of those found innocent; (3) violates equal protection by imposing on misdemeanor-Defs burden not imposed on Defs in cases of felonies or summary offenses. Jan 1963: Ct Quart Sess held stat unconstitutional on all 3 grounds. Dec 1963: Pa Super Ct reversed. July 1964: Sup Ct, 4-1, affirmed reversal, held stat constitutional. Jurisdictional statement filed in USSC. Pending.

Peter Hearn, James C. N. Paul, Paul J. Mishkin, Esqs., 2001 Fidelity-Philadelphia Trust Bldg., Philadelphia.



Art 1: All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Art 2: Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status....

Art 7: All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Art 8: Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

Movies: Right Now! 16 mm sound, color, 28½ min. Robert Newman, Graeme Ferguson. Rental: $12.50; sale: $295 from Brandon Films, 200 W. 57th St., NYC.

The Streets of Greenwood. 16 mm sound, black and white, 20 min. Jack Willis, Fred Wardenburg, John Reavis, Jr. Rental: $7.50; sale: $125 from Brandon Films, 200 W. 57th St., NYC.

500. Elections
501. Racial Discrimination

Art 21: (1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. (2) Everyone has the right of equal access to public service in his country. (3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

501.Ala.12. US v Logue, Bd of Reg (SD Ala, N Div, Civ #3081-63) (CA 5, #21603) Facts: X DOCKET 49. Appeal pending.
501.Ala.13. US v Alabama (ND Ala) Aug 1964: Following passage of Civil Rights Act, Ala adopted more stringent voter registration test requiring knowledge of govt and Constitution. Nov 6, 1964: Dept of Justice filed suit to enjoin use. Pending.
501.Ala.14. US v Alabama (MD Ala) Jan 15, 1964: Dept of Justice filed suit asking that all applicants rejected under new state test be placed on voting rolls. Charged effect of test was to freeze racial imbalance; test required literacy level higher than 6th grade in violation of new Civil Rights Act. Pending.
501.La.11. Louisiana v US (USSC, #67) (p.j.n., 377 US 987) Facts: X DOCKET 49. Mar 8, 1965: USSC affirmed (unanimously), Black, J, held: La Const sections and statutes which require voters to satisfy registrars of their ability to "understand and interpret" Constitution violate US Constitution 15th Amdt, 42 USC §1971(a); affirmed injunction against further use of interpretation test in 21 parishes where used; affirmed decree that new "citizenship" test (La Act 539, 1962) not to be applied in 21 parishes until general re-registration ordered; affirmed monthly registrar reports to DC. Harlan, J, conc.

Report: US Commn on Civil Rights, Voting in Mississippi. 74 pp. 1965.

Hearings: US Commn on Civil Rights, On Voting, Jackson, Miss. Feb 16-20, 1965. 284 pp. 1965.

501.Miss.10. US v City of Greenwood (ND Miss, Greenville Div, #GC638) Facts: X DOCKET 51. Addendum: Case dismissed on agreement of Defs to set aside conviction of 8 Negroes, not to interfere with registration.
501.Miss.15. US v Mississippi (USSC, #1097) (229 F Supp 925, p.j.n., 377 US 988) Facts: X DOCKET 51. Mar 8, 1965: USSC reversed (unanimously), Black, J, held: (1) Under the 15th Amdt, Congress passed 42 USC §1971, which authorized Atty Gen to file this suit and US to sue Def-state; (2) state Bd of Election Commrs did enforce state voter registration laws (Miss Code §3209.6), should be Defs; (3) 6 Co registrars properly joined under FRCP Rule 20; (4) error to dismiss complaint; remanded for trial. Harlan, J, conc.
501.Miss.17. Gray v Johnson (SD Miss, Jackson Div, #3580) (234 F Supp 743) Facts: X DOCKET 52. Oct 20, 1964: 3-judge DC held: prospective voter had standing to sue; statute violates 24th Amdt, void on face. Granted summary judgment and permanent injunction.
501.Miss.19. Re Contested Elections of 5 Mississippi Congressmen (US House of Reps) 1964: Miss Freedom Democratic Party organized from precinct to state level, candidates nominated for Democratic state primary June 2, natl convention. Democratic Party sued to prevent use of name of MFDP, see 502.Miss.1. State Bd of Elections refused petitions signed and field for 3 MFDP Congressional candidates. Nov 1964: MFDP held 2-day "mock" election in Negro communities; 3 MFDP candidates received majority of votes cast there. Dec 3: 3 MFDP candidates, 2 others filed challenges to seating of 5 state congressmen, under 2 USC §201, alleging regular and systematic exclusion of Negroes, 42% of voting age population, from primary and general election procedures by intimidation, physical and property damage, economic reprisals, resulting in invalid elections under 15th Amdt and Act of Feb 23, 1870 by which US readmitted Miss to congressional representation.

Jan 4, 1965: Rep Ryan objected to administration of oath to 5 Miss Reps because 67% of voting-age whites but only 6% of voting-age Negroes registered in 1964; §244, Miss Const, adopted 1890, disfranchised Negroes who voted 1870-1890; see also 1954, 1960 amdts to §244, Miss C §3212.7, voter suits by US in 27 of 82 counties. On roll call vote to administer oath: 149 Nays, 276 Yeas.

Jan 4: 5 Congressmen served answers to challenge. Jan 5-Feb 10: Attorneys took depositions, in Miss and elsewhere, to support challenge. Feb 11-Mar 20: Reps took no depositions to oppose challenge. Rebuttal testimony taken. Briefs and challenges filed with Speaker by July 1965.

Kunstler and Kinoy, Esqs., 511 Fifth Ave., NYC; Morton Stavis, Esq., 744 Broad St., Newark; Benjamin Smith, Esq., 305 Baronne St., New Orleans; Ben Margolis, Esq., 3175 W. 6th St., Los Angeles; Ed Stern, Esq., 690 Market St., San Francisco; and more than 100 other volunteer attorneys from across US.

See Cong Rec, June 15-16, 1964, transcript of unofficial hgs re Miss; Jan 4, 1965.

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501.Va.1. Butts v Harrison (Norfolk) (USSC) Facts: X DOCKET 52. 3-judge ct held state poll tax valid; not discriminatory on account of poverty or race. Appeal to USSC pending.
501.Va.2. Virginia State Bd of Elections v Hamm; Tancil v Woolls (USSC, ##412, 386) Facts: X DOCKET 52. Oct 26, 1964: USSC, per curiam, affirmed DC: race designation on voting and tax records unconstitutional; acceptable on divorce statistics. Harlan, Brennan, JJ, of opinion probable jurisdiction should be noted.
501.Va.3. Harper v Virginia Bd of Elections (USSC, #835) Pls challenge requirement of poll tax for voting in state and local elections as denial of equal protection. Nov 10, 1964: 3-judge ct dismissed. Mar 15: USSC noted probable juris. Pending.

Lawrence Speiser, Allison W. Brown, Jr., Ira M. Lechner, Philip Schwartz, ACLU, 1101 Vermont Ave., N.W., Washington, D.C.

502. Political Discrimination

502.Miss.1. Mississippi v Mississippi Freedom Democratic Party (Jackson) (Hinds Co Chanc Ct; SD Miss) MFDP twice sought charter from State; denied: not legally organized as political party. Nov 17, 1964: Chanc Ct, after ex parte proceeding, granted State permanent injunction prohibiting individuals from functioning as officers and use of name of MFDP: Miss statute prohibits registration of name already registered. Dec 7: MFDP sought injunction in DC against enforcement of Chanc Ct injunction. Pending.

Melvin Zarr, Esq., 100 Bradford St., NYC; Ann Cooper, Esq., 294 Washington St., Boston; Marian Wright, Esq., 538½ N. Farish St., Jackson; Smith, Waltzer, Jones & Peebles, Esq., 305 Baronne St., New Orleans.

And see 501.Miss.19.

503. Urban Discrimination
504. 14th Amendment §2 Enforcement

504.2. Lampkin and Denman v Hodges (DC DC, #1355-63) Facts: X DOCKET 53. Mar 30, 1965: DC dismissed for lack of standing; interest remote and speculative and shared by millions of others.
505. Residence Requirements

505.1. Carrington v Rash (incorrectly listed as Bush) (USSC, #82) (378 SW2d 304; c.g., 379 US 812)*
505.2. Drueding v Devlin (Maryland) (USSC) (234 F Supp 721) Facts: X DOCKET 53. Mar 1, 1965: USSC, per curiam, affirmed DC dismissal of challenge to 1-yr state and 6-mo Co residence requirements for voting.
505.3. van Berkel v NYC Bd of Elections (NY Ct of App) Facts: X DOCKET 53. Co Sup Ct held 90-day waiting period after naturalization before eligible to register to vote violates due process and equal protection. State Atty Gen will appeal. Pending.

Nanette Dembitz, Esq., NYCLU, 156 Fifth Ave., NYC.

510. Jury Selection; Appeals to Prejudice (see also 311)

Art 10: Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

511. Involving Federal Employees
512. Involving Racial Discrimination
Special Report: Racial discrimination in the southern federal courts. Southern Regional Council, 5 Forsyth St. N.W., Atlanta, Ga.
512.Ala.3. Alabama v Seals (Cir Ct, Mobile Co) Facts: X DOCKET 53. On remand from CA 5, retrial date to be set.
512.Ala.5. Swain v Alabama (Talladega Co) (USSC, #64) Facts: X DOCKET 53. Mar 8 1965: USSC affirmed (6-3), White, J: (1) 26% Negro population; Negroes served on 80% of grand juries since 1953; 6-7 Negroes (average) on petit jury venires tho none actually served since 1950; held no total exclusion or tokenism: "Def in a criminal case is not constitutionally entitled to demand a proportionate number of his race on the jury" venire or panel; "purposeful discrimination based on race alone" not shown by 10% under-representation; (2) peremptory challenge or "striking of Negroes in a particular case" is not denial of equal protection; (3) Defs did not prove a consistent prosecution policy to challenge all Negro jurors. Harlan, J, conc. Black, J, conc in result. Goldberg, J (Warren, CJ, Douglas, J) eloquent diss on all points.

Amicus appearance by ACLU by Osmond K. Fraenkel, Edward J. Ennis, and Melvin L. Wulf, Esqs., all of NYC.

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512.Ala.6. Coleman v Alabama (Ala Sup Ct) Facts: X DOCKET 54. Cites: 377 US 129, reversing 164 So2d 704.
512.Ala.7. Billingsley v Clayton (Josephson Co) (CA 5) Negro Pl sued to restrain jury commissioner from discriminating against Negroes in selection of jurors. Pending.

Charles Morgan, Esq., ACLU, 5 Forsyth St. N.W., Atlanta; Jack Greenberg, Esq., NAACP Inc. Fund, NYC.

512.Ark.1. Bailey v Arkansas (Ark Sup Ct, #5047) (381 SW2d 467) 1956: Def, Negro, convicted of rape, sentenced to death. III DOCKET 39. Conviction sustained on all appeals. 1961: On habeas corpus, CA 8 held prima facie case for exclusion of Negroes from jury not rebutted; remanded for new trial. 1963: trial court reconvicted; death. June 1, 1964: Sup Ct affirmed; claim of discrimination in selection of jury must fail because no motion filed to quash panel; time within which new trial must be had began to run with formal filing of CA 8 mandate in DC; no proof to sustain claim death penalty unconstitutionally applied to Negroes charged with rape of white women.
512.Ark.4. Thomas v Arkansas (Trial Ct)*
512.Calif.2. California v Rideaux (Calif Sup Ct, #Cr 7592) (393 P2d 703) Negro Def convicted of theft; claimed ct erred in permitting DA to tell jury Negroes only persons disposed to commit this crime: confidence scheme known as "Jamaican Switch," in which it is allegedly necessary that one of the parties be Negro. July 9, 1964: Sup Ct held such statements before predominantly white jury to explain nature of offense, combined with subsequent disavowal of any improper inferences, not prejudicial.
512.Fla.1. US v Chance (Miami) (USSC) Facts: X DOCKET 54. 54. Cite for cert denied: 379 US 823.
512.Fla.2. Florida v Porter (Martin Co) (USSC) Facts: X DOCKET 54. Cite for cert denied: 379 US 849.
512.Ga.5. Whitus and Davis v Balkcom, Warden (USSC, #499) Facts: X DOCKET 54. Dec 7, 1964: USSC denied state's petition for cert. Retrial: Apr 12, 1965.

P. Walter Jones, Esq., Albany; Charles Morgan, Esq., ACLU, 5 Forsyth St. N.W., Atlanta.

512.Ga.6. Allen v Georgia (Ct of App) (137 SE2d 711) 1964: Def, Caucasian, arrested: assault with intent to murder; moved to quash and challenged array on ground of systematic exclusion of Negroes. Trial ct denied motion as matter of law. July 7: Ct of App reversed; regardless of Def's race, systematic exclusion is denial of equal protection; specific prejudice need not be shown because systematic exclusion is per se injurious; remanded for taking of proof on factual contentions. Pending.
512.Ga.7. Vanleeward v Georgia (Ga Sup Ct, #22473) (137 SE2d 452) 1964: Def, Negro, convicted of rape; claimed systematic exclusion of Negroes from grand and petit juries. June 1: Sup Ct affirmed; no discrimination in selection despite selection of prospective jurors' names from tax roles that are separated by race.
512.Ga.8. Georgia v Woods (Super Ct, Emanuel Co) Def, Negro youth, involved in auto crash in which white youth in another auto was killed. Def charged with exceeding speed limit, drunk driving, and failing to yield right-of-way willfully and feloniously, with malice aforethought and reckless disregard for human life. After 30-min deliberation, Def sentenced to life term. Def moved for new trial alleging systematic exclusion of Negroes from jury and lack of evidence to support conviction; pending.

Charles Morgan, Esq., ACLU, 4655 Jett Rd., Atlanta.

512.Ga.9. Georgia v Artis Brown (Americus) (Sumter Co Super Ct) June 1964: Def-Negro arrested: rape of white woman; $5,000 bond set. June-Nov: Def jailed pending next grand jury session. Nov: grand jury filed "no bill" on rape, indicted Def for motor vehicle larceny. Nov 28: Def filed motion to quash indictment for exclusion of Negroes from grand jury, demand for trial.

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

512.La.2 and 3. US ex rel Poret and Labat v Sigler (CA 5, #22218) (234 F Supp 171) Facts: X DOCKET 55. Oct 8, 1964: DC held free grant of exemptions from jury service to Negro laborers, because of economic hardship rather than racial grounds, not unlawful discrimination, even tho resulting in disproportionate racial composition.
512.La.10. Re Davis (CA 5) Facts: X DOCKET 55. State ct denied habeas petition. Appeal to CA 5 pending.
512.La.14. Collins v Walker (Jefferson Davis Parish) (USSC, #407) Facts: X DOCKET 55. Nov 9, 1964: USSC denied state's petition for cert.
512.La.16. US ex rel Mack v Walker (ED La, #715) (231 F Supp 819) 1961: Defs, Negroes, charged with murder of white man. Trial ct quashed indictment on grounds of systematic exclusion of Negroes in jury selection. New venire selected by taking each 20th or 22d name from voter registration roles. From this venire, 20, including 4 Negroes, selected for grand jury list. Grand jury drawn by lot from this list, petit jury by lot from venire. Defs reindicted, convicted. 1962: Sup Ct affirmed; failure to show any discrimination in selection. July 9, 1964: On habeas, DC held: while systematic inclusion on grand jury panel, ultimate selection was impartial and in accord with state law, which was not challenged.
512.Md.1. Giles and Giles v Maryland (Md Ct of App) Facts: X DOCKET 55. May 11, 1964: Defs filed petition, under Md Post-Conviction Procedure Act, for new trial on ground state suppressed evidence useful to Defs. July 20: Cir Ct held hearing. Nov 10: Cir Ct granted new trial. Feb 2, 1965: Md Ct of App granted state's application to appeal. Apr 7: Appeal argued.
512.Miss.6. Harper v Mississippi (Miss Sup Ct) Negro convicted for attempted rape of white girl. Jan 1965: Miss Sup Ct reversed unanimously: token inclusion of Negroes on jury does not meet constitutional standards; officials must make good faith selection without regard to race; Def's waiver of counsel not in presence of magistrate not valid; confession given to sheriff not in presence of counsel not valid.

R. Jess Brown, Esq., 1105½ Washington St., Vicksburg, Miss.; Melvin Wulf, Esq., ACLU, 156 Fifth Ave., NYC.

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512.Miss.7. Bailey v Warton (SD Miss, #3674 J C) Class action alleging systematic exclusion of Negroes from grand and petit juries of SD Miss; Def is both clerk and jury commissioner, in violation of 28 USC §1863(c) with result that Pl-class unable to obtain redress of civil grievances and subjected to unequal enforcement of crim law. Pending.

R. Jess Brown, Esq., 1105½ Washington St., Vicksburg, Miss.; Melvin Wolf, Esq., ACLU, 156 Fifth Ave., NYC; Charles Morgan, Esq., Atlanta.

512.NM.1. Torres v US (CA 10, #7675) (333 F2d 99) Def, white woman, convicted of violation of narcotics laws. June 22, 1964: CA reversed and remanded; admission of testimony by narcotics agent that he met Def while making case against her colored boy friend held prejudicial error.
512.NC.5. North Carolina v Wilson (NC Sup Ct, #149) (137 SE2d 109) 1963: Def claimed exclusion of Negroes from grand jury; convicted of rape. July 10, 1964: Sup Ct reversed; Def made out prima facie case by showing county with population 25% Negro had only 2 or 3 Negroes on grand juries in last 7 yrs; denials by officials not sufficient to overcome prima facie case.
512.Pa.2. US ex rel McCode v Myers (ED Pa, #2737) (232 F Supp 371) Def, Negro, convicted of murder, claims systematic exclusion of Negroes from grand jury. June 24, 1964: On habeas, DC held Def failed to exhaust state remedies; denied petition without prejudice. Pending.
513. Involving Economic Discrimination
514. Involving Political Discrimination
515. Involving Discrimination Against Women
520. Education

Art 26: (1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit. (2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.

521. Challenges to Unequal Facilities
Executive action: US Office of Educ required all American public schools, colleges, and universities to pledge compliance with 1964 Civil Rights Act by Mar 3, 1965, if they wish to receive fed aid funds. Developments reported in Southern School News.
522. Suits to Enforce Integration

522.Ala.3. Koen v Knight (Ala Vocational Schools) (SD Ala, #2434) Facts: X DOCKET 57. Motion to intervene granted.
522.Ala.7. US v Mobile Co Bd of School Commrs (SD Ala)*
522.Ala.7a. Davis v Mobile Co Bd of School Commrs (SD Ala, #3003-63) Facts: X DOCKET 57. June 29, 1964: Def submitted amended plan. July 21, 1964: DC approved, with qualifications. Oct 12: USSC denied cert. Feb 25, 1965: DC hearing.
522.Ala.8. US v Madison Co Bd of Educ (USSC) Facts: X DOCKET 57. Dec 7, 1964: USSC denied US petition for cert.
522.Ark.7. Rogers v Paul (Fort Smith) (WD Ark, #1741) (232 F Supp 833) Facts: X DOCKET 58. Aug 19, 1964: DC upheld revised plan eliminating transfers.
522.Fla.3. Manning v Bd of Pub Inst of Hillsborough Co (Tampa) (SD Fla, #3554) Facts: X DOCKET 58. Feb 3, 1965: hearing in DC on teacher segregation issue.
522.Fla.7. Bd of Pub Inst, Duval Co v Braxton (Jacksonville) (MD Fla, #4598) Facts: X DOCKET 59. Aug 13, 1964: DC denied Pls' motion for speeding-up integration of students and starting integration of teachers in 1964, without prejudice as to 1965.
522.Fla.13. Mills v Bd of Pub Inst (Polk Co) (MD Fla, #63-50) Facts: X DOCKET 59. Aug 24, 1964: Trial. Jan 20, 1965: DC granted preliminary injunction.
522.Fla.14. Scott v Bd of Inst (St. John's Co) (MD Fla)*
522.Fla.20. Bradley v Bd of Pub Inst (Pinellas Co) (MD Fla, Civ #64-98-T) Facts: X DOCKET 60. Jan 6, 1965: DC granted Pl's motion for summary judgment.
522.Fla.23. Harvest v Bd of Pub Inst (Manatee Co) (MD Fla) Jan 1965: 6 Negro students sued for desegregation of all schools in Co, Def to present comprehensive plan. Feb 19: interrogatories served; pending.
522.Fla.24. Zimmerman v Bd of Pub Inst (Columbia Co) (DC Fla, #64-264-J) 1964: School desegregation suit filed. Defs filed plan to abolish dual attendance zones for grades 1 and 12 in 1965, 2 additional grades each yr, attendance by proximity to schools. Pl's motion for summary judgment pending.
522.Fla.25. Blalock v Bd of Pub Inst (Lee Co) (DC Fla, #64-1681) Aug 12, 1964: School desegregation suit filed. Def admitted 11 Negroes to formerly all-white schools, agreed to operate Jr College on desegregated basis and start grade-a-yr plan in public schools Fall 1965. Feb 23, 1965: consent decree entered: 1965: 1st grade; 1966; grades 2 and 3; 1967-1969: 3 grades a yr; attendance at school nearest residence.

Earl Johnson, Esq., Route 9, Box 1034G, Jacksonville.

522.Ga.6. Roberts v Stell (Savannah-Chatham) (USSC, #512) Facts: X DOCKET 60. Dec 7, 1964: USSC denied cert.
522.Ga.8. Gaines v Dougherty Co Bd of Educ (334 F2d 983) Facts: X DOCKET 60. CA 5 denied motions to recall mandate; denied rehearing. USSC, Black, J, denied stay. 1964: 30 Negro children in integrated 1st and 2d grades; 8 in 12th grade. 1965: 1st-4th, 11th, and 12th grades to be desegregated.
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522.Ga.10. Bivins v Bd of Pub Educ, Bibb Co (Macon) (CA 5)*
522.Ga.13. Harrington v Colquitt Co Bd of Educ, City of Moultrie Bd of School Commrs (MD Ga, Thomasville Div, #728) 1960: Ga State Bd of Educ and S Assn of Colleges and Secondary Schools notified Defs that Negro high school failed to meet academic standards. 1963: Negro high lost accreditation; all white schools retained accreditation. 1965: Negro high students petitioned Defs to reestablish accreditation by correcting unsafe and inadequate conditions, employing qualified teachers, establishing program for integration under 1964 Civil Rights Act. Feb 9: 700 of 744 high school students, incl Pls, stopped attending Negro high, sought admission to white high; Defs refused. Feb 11: Defs sent notices of nonattendance to Pls' parents, some arrested.

Feb 16: Class suit filed by Negro parents for: (1) permanent injunction against Defs continuing compulsory biracial school system (as to students and academic personnel); (2) permanent injunction against Defs enforcing Ga Code Anno §§32-2104, 32-9913, 32-9914; (3) immediate admission of Pls to white highs and closing of Negro high; (4) order that Defs prepare desegregation plan. Feb 16-17: 250 students marched to cthouse to present demands to Def; arrested; 125 arrested next day, incl SNCC staff: disorderly conduct. Charges against parents of boycotting students dropped; disorderly charges dropped; Def agreed to repair Negro school.

Feb 18-19: At hearing in DC, supt testified white teachers paid annual bonus because hard to hold, Negro teachers not paid bonus; Negro principal testified bldg not usable; Def offered to desegregate 1st and 12th grades in 1965; decision awaited. Feb 28: Pls complained to US Dept of Health, Educ, and Welfare, that Def's plan to comply with 1964 Civil Rights Act, Title 6, inadequate so fed funds should be cut off unless Def plans total desegregation.

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

522.Kan.2. Downs v Bd of Educ (Kansas City) (CA 10) Facts: X DOCKET 61. Sept 25, 1964: CA affirmed finding that racial imbalance existed from good faith implementation of neighborhood school policy; bd within Brown rule; no affirmative duty to eliminate de facto segregation under 14th Amdt or Brown.
522.La.2. Hall v St. Helena Parish School Bd (ED La, Baton Rouge Div, #3630) Facts: X DOCKET 61. July 13, 1964: DC ordered Defs to submit desegregation plan. Def refused. July 21: DC granted bd 3 days' delay, after which DC would conclusively presume bd desired DC to order full and complete desegregation as Pl requested. July 23: Defs requested assistance in forming plan from Community Relations Serv under 1964 Civil Rights Act; granted. Aug 6: DC, on own motion, adopted plan: desegregation of 11th and 12th immediately, 2 grades downward yrly, abolishing dual attendance zones 2 grades each year, free transfers but bd could reject if pupil transferred away from neighborhood school. 3-judge CA approved plan.
522.La.3a. Williams v State Bd of Educ (Avoyelles Vo-Technical Institute) (ED La, Baton Rouge Div) Spring 1965: Suit filed for injunction against denying admission of named Pls, continuing policy of segregation of trade school; alleges qualified Pls previously denied admission to practical nursing course. Pending.

Louis Berry, Esq., 1406 Ninth St., Alexandria, La.

522.La.13. Harris, Crayton v St. John the Baptist Parish School Bd (ED La, New Orleans Div, #13212) Facts: X DOCKET 62. DC requested Pls to submit comprehensive desegregation plan for all grades for Sept 1965: DC granted Pls' motion for summary judgment, ordered Def to submit plan for Sept 1965.
522.La.14. US v Bossier Parish School Bd (USSC) Facts: X DOCKET 62. Feb 1, 1965: USSC denied cert.

And see 522.La.14a.

522.La.14a. Lemon and US v Bd of Educ, Bossier Parish (WD La, Shreveport Div) Dec 2, 1964: Pls, Negro students, filed school desegregation suit. Jan 4, 1965: US intervened; complaint filed under 1964 Civil Rights Act for injunction against continued maintenance of dual attendance zones based on race, use of state pupil placement law or other discriminatory standard in processing transfer applications, and against assignment on basis of race. Pending.
522.La.16. Conley v Lake Charles School Bd (WD La, Civ #9981-LC) Facts: X DOCKET 62. Dec 11, 1964: Pls moved for summary judgment; DC granted: Def must submit desegregation plan for Sept 1965.

A. P. Tureaud, Esq., 1821 Orleans Ave., New Orleans.

522.La.17. Williams v Iberville Parish School Bd (Plaquemine) (ED La, #2921) Facts: X DOCKET 1. Dec 15, 1964: DC rejected grade-a-yr plan, ordered desegregation under plan set forth in judgment, 2 grades a yr in reverse stair-step fashion, to begin Sept 1965.

A. P. Tureaud, Esq., 1821 Orleans Ave., New Orleans.

522.La.18. McCoy v La State Bd of Educ (Northeast State College) (CA 5) Facts: X DOCKET 62. Feb 9, 1965: After Pl dropped for academic deficiency, CA dismissed motion for additional relief. Feb 11: argument on main appeal, case submitted.
522.La.24. Valley v Bd of Educ (Rapides Parish) (WD La, Alexandria Div) Jan 1965: Pls petitioned Def-bd to cease operation of segregated system, requested transfers of certain students. Def said transfers not permitted because integration of schools against public policy of state. Spring 1965: Suit filed by Pls, Negro children, to enjoin Def from maintaining segregated school system on basis of racial dual attendance zones, from assigning students and teachers, determining budgets, constructing schools on that basis. Pending.

Louis Berry, Esq., 1406 Ninth St., Alexandria, La.

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522.La.25. Williams v Bd of Mgrs, Delgado Trades and Technical Inst (New Orleans) (ED La, #14870) Suit to desegregate trade school. Sept 9, 1964: DC granted preliminary injunction.

Ernest Morial, Esq., 1821 Orleans Ave., New Orleans.

522.La.26. Pls v Bd of Educ (Jefferson Parish) (ED La) 16 Negro students applied for admission to W Jefferson High (white); denied. 1964: Desegregation suit filed as to students and teachers, specifically asking rejection of grade-a-yr plan. Aug 24: DC held too near school opening to make desegregation order. Jan 26, 1965: DC ordered desegregation by Sept 1965, Def to submit plan by Mar 31.
522.La.27. Potts v La State Bd of Educ (La Polytechnic Inst) 1964: Pl, Negro, sued Def for admission to Inst. Feb 4, 1965: DC ordered immediate desegregation, admission of Pl.

Nils Douglas, Esq., for CORE, 2211 Dryades St., New Orleans.

522.Md.2a. Christmas v Bd of Educ (Harford Co) (DC Md, #15532) Facts: X DOCKET 63. June 25, 1964: DC also enjoined discrimination against teachers, ordered Def to hire Negro teachers; retained jurisdiction.
522.Mass.1. Barksdale v Springfield School Comm (DC Mass #64-8-S) Sept 1963: Def-Comm recognized existence of racial imbalance, voted to prepare desegregation plan by Mar 1964. Suit filed for declaratory judgment and injunction against continued segregation by Def. Def discontinued desegregation plan pending outcome of suit. Jan 11, 1965: DC found: existence of de facto segregation due to rigid adherence to neighborhood school plan; Negro pupils in segregated schools do poorly on achievement tests, cannot keep up when transferred; "opportunity of Negro children in racially concentrated schools to obtain equal educational opportunities is impaired"; held: "It is neither just nor sensible to proscribe segregation having its basis in affirmative state action while at the same time failing to provide a remedy for segregation which grows out of discrimination in housing, or other economic or social factors"; "the neighborhood school policy . . . must be abandoned or modified when it results in segregation in fact"; Def to present desegregation plan by Apr 30, 1965, with aid from Pls and other experts; DC retained jurisdiction.
522.Mich.3. Sherrill School Parents Comm, Bentley v Bd of Educ Detroit) (ED Mich, S Div, #22092) Facts: X DOCKET 63. Pls filed objections to Def's progress report, alleging no substantial progress or affirmative action to integrate without ct order. May 12: trial date.
522.Miss.2. Evers v Jackson Muni Separate School Dist (CA 5, ##20824, 20825, 20826; SD Miss, #3379) Facts: X DOCKET 63. Aug 20, 1964: 43 Negro children enrolled in first grade at white schools without incident. Sept 15: Defs filed grade-a-yr plan starting in 1st grade, publicity in local newspaper. CA overruled all Pls' objections to plan; hg Feb 15, 1965.

R. Jess Brown, Esq., 115½ N. Farish St., Jackson.

522.Miss.3. Hudson v Leake Co School Bd (CA 5, #20825; SD Miss, #3382) Facts: X DOCKET 63. Aug 1964: 9 Negro children planned to attend first grade at white school. Sept 1: Only 1 child enrolled; Pl alleges families of 8 others intimidated.
522.Miss.8. Henry v Clarksdale Muni Separate School Dist (ND Miss, Delta Div, #DC6428) (9 RRLR 1253) Facts: X DOCKET 63. Aug 1964: Def-bd drew new zoning lines on geographical basis, in fact resulting in all Negro children zoned into all-Negro school; 30 white first graders in "Negro" zone to attend segregated private school. Jan 1965: Pls filed motion for further relief. Mar: hearing.

R. Jess Brown, Esq., 115½ N. Farish St., Jackson.

522.Miss.9. Gladney v Moss Point Muni Sep School Dist (SD Miss) Jan 1965: Pls, 61 minors, filed suit for desegregation by Fall 1965. Pending.

NAACP Inc. Fund, 10 Columbus Circle, NYC.

522.Miss.10. Pls v Canton City and Co Bds of Educ (SD, Jackson Div) Mar 1965: Pls, 49 minors, filed suit to desegregate 3 white, 4 Negro city schools; 4 white, 4 Negro county schools. Apr 10: DC issued preliminary injunction: Defs to submit plan by July 15 for at least grade-a-yr desegregation. Pending.
522.NC.34. Barrow v Washington City Bd of Educ (ED NC) Sept 1964: Desegregation suit filed. Pending.

Julius Chambers, Esq., Charlotte, N.C.; NAACP Inc. Fund, 10 Columbus Circle, NYC.

522.NC.35. Burns v Wilkes Co Bd of Educ (MD NC) Sept 1964: Desegregation suit filed. Jan 7, 1965: DC entered consent order for "active" freedom of choice plan in all grades; 5 Negro students to transfer Feb 1965.

Julius Chambers, Esq., Charlotte, N.C.

522.NC.36. Clayton v Person Co Bd of Educ (MD NC) Oct 1964: Suit filed to desegregate Co schools, teachers. 29 Negroes admitted to 2 white schools. Feb 1965: DC entered consent order for "active" freedom of choice plan, reopening of teacher question after CA 4 decision in pending cases.

Julius Chambers, Esq., Charlotte, N.C.

522.NC.37. Teel v Pitt Co Bd of Educ (ED NC, #569) Dec 1964: Pls, 210 minors, sued to desegregate schools, teachers, to halt harassment of Negroes seeking desegregation by landlords, members of Def-Bd. Feb 15, 1965: hearing.

Julius Chambers, Esq., Charlotte, N.C.

522.NC.38. Hickman v Craven Co Bd of Educ (ED NC, #637) Dec 1964: Suit filed to desegregate pupils, teachers, extracurricular activities, employment contracts, budgets, disbursement of funds. Negotiations for consent order pending.

Julius L. Chambers, Esq., Charlotte, NC.

522.Okla.6. Dowell v Bd of Educ (Oklahoma City) (WD Okla, #942 Civ) Facts: X DOCKET 66. Jan 20, 1965: Educational expert's study with recommendations filed. Hearing to be set on Pl's motion for order requiring Defs to file plan.
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522.Okla.7. Hill v New Lima Bd of Educ (ED Okla, #5462) Facts: X DOCKET 66. Aug 1964: Consent judgment entered: Pls ordered admitted to white schools; suit not class action because other Negro parents petitioned for continuation of segregated school; DC held Def could not deny admissions to school on basis of race.
522.Okla.8. Complaint against Bd of Educ (Sand Springs) Bd admitted Negro seniors to white High. Aug 21, 1964: 5 Negro students sought transfers to Chas. Page (white) High, 10th, 11th grades; refused. Students filed complaint with US Atty under 1964 Civil Rights Act. Sept 17: Bd changed policy, admitted students.

Rev. K. E. Ray, James Russell, Eugene Freeman, for CORE.

522.Pa.1. Chisholm v Bd of Pub Educ (Philadelphia) (ED Pa, #29706) Facts: X DOCKET 66. Case settled; DC retained jurisdiction to review semiannually.
522.Pa.5. Chester School Dist v Pa Human Relations Commn (Dauphin Co Ct of Com Pleas Commonwealth Ct, #637) Fall 1963-Apr 1964: civil rights demonstrations against de facto school segregation; mass arrests. Apr 20: conciliation by Pa Commn failed. Apr 26: Gov, Atty Gen requested Pa Commn to hold public hgs. NAACP, Chester Comm for Freedom Now declined to act as complainants; Commn filed complaint as Comp: (1) pupils, teachers, administrative staffs segregated not merely due to residential patterns; (2) Negro schools inferior; (3) texts do not discuss Negro role in Am life; (4) bd has no desegregation plans. May 4-Sept 29: 8 days of public hgs. Nov 20: Commn found: Commn has jurisdiction under Pa Human Relations Act ("school employees" incl in FEP provisions, "schools" incl as places of public accommodations); (1), (2)—bd maintains segregated schools; (1) dismissed as to failure to appoint Negroes to supervisory posts; (3) dismissed; Commn retained jurisdiction pending bd compliance; Commn ordered bd to stop discriminatory assignment of teachers, clerks; start kindergarten in Negro schools; submit plan for 1965-1966 yr. Mar 9, 1965: argument on bd's suit to overturn Commn proceedings; pending decision.

Nathan Agran, Esq., Gen. Counsel, Pa. Human Relations Commn., Harrisburg.

522.SC.6. Allen v Brown (formerly Brown v School Dist No. 20 (Charleston) (USSC) Facts: X DOCKET 66. Cite for c.d.: 379 US 825.
522.Tenn.6. Goss v Bd of Educ (Knoxville) (ED Tenn, #3984) (186 F Supp 559, 1960; 301 F2d 164, 1962: 373 US 683, 1963; 319 F2d 857, 1963) Facts: X DOCKET 67. Clarification: Apr 1962: CA 6 did not reverse 12-yr plan with transfers; held transfer provisions constitutional, required faster tempo than grade-a-yr. June 1963: USSC reversed, held transfer plan invalid. Pending in DC on remand.
522.Tenn.9. Maxwell v Bd of Educ (Davidson Co) (MD Tenn) (301 F2d 828, 1962; 373 US 683, 1963; 319 F2d 858, 1963) Facts: X DOCKET 68. Clarification: DC approved bd plan; 1962: CA 6 affirmed. June 1963: USSC reversed in joint opinion with Goss, 522.Tenn.6. On remand, CA 6 reversed its earlier approval of bd transfer plan.
522.Tenn.10. Sloan v 10th School Dist, Wilson Co (MD Tenn, Nashville Div, #3107) (6 RRLR 744, 999, 8 RRLR 1440, 9 RRLR 1306) 1961: Desegregation suit filed. Sept 11, 1961: DC found Pl's complaint stated facts entitling Pls to immediate relief, granted bd time to make plan. May 1, 1964: bd submitted plan: freedom of choice; if over-crowding occurs, students living greatest distance from school will be transferred without regard to race; if dissatisfied, can transfer for good cause. Pls objected. Sept 11, 1964: DC approved plan with modifications; Def to submit plan for desegregation of teachers and administrative personnel. Pending.
522.Tenn.16. US v Bd of Educ (Campbell Co) (ED Tenn, Knoxville Div, #5187) Aug 20, 1964: Negro students applied for admission to white grade and high schools; Def denied, sent students to Negro school a distance from Jellico. Jan 4, 1965: US filed suit under 1964 Civil Rights Act to stop racial assignment of pupils and facilities. Pending.

J. H. Reddy, US Atty, Knoxville; St. John Barrett, Esq., Dept. of Justice, Washington, D.C.

522.Tenn.17. McConnell v Bd of Educ (Johnson City) (DC Tenn) 1961: Bd began grade-a-yr desegregation plan. Dec 31, 1964: Pls sued to accelerate plan. Jan 15, 1965: after hg, DC ordered acceleration; bd plans complete desegregation in 1965-1966.

Carl Cowan, Esq., 101½ W. Vine Ave., Knoxville, Tenn.

522.Tex.5. Britton v Folsom (formerly Bell v Folson) (CA 5, #22010)*
522.Tex.24. Rice Institute v Carr (Harris Co Ct) Facts: X DOCKET 68. Correction: State ct suit, not fed ct suit. Pending.
522.Va.1. Allen, Griffin v Co School Bd (Prince Edward Co) (ED Va) Facts: X DOCKET 69. Sept 1964: DC held for Pls; public schools reopened. Dec 2, 1964: Va legislature amended statutes requiring massive resistance to Brown decision to support freedom-of-choice plans: parents may send children to integrated public schools or collect state tuition grants to send them to private segregated schools. Dec 2: CA 4 (unanimously) held plans "transparent evasion of the 14th Amdt," upheld Pls' request for DC order enjoining Def from racial discrimination in hiring and promoting faculty, empowered DC to examine Def's secret tuition grants of $180,000 on Aug 5, 1964 for possible contempt.
522.Va.20a. Blakeney v Fairfax Co School Bd (ED Va, Alexandria Div, Civ #3067) Facts: X DOCKET 69. June 23, 1964: CA 4 reversed: held injunction should have been granted. July 31, 1964: On remand, DC issued injunction restraining pupil assignment on racial basis, refused relief for de facto segregation: Defs applying valid policy based on geographic zones; denied relief on discrimination against teachers because no further evidence offered.
522.Va.29. Brown v Co School Bd (Frederick Co) (WD Va, Civ #642) (234 F Supp 808) Facts: X DOCKET 70. June 15, 1964: DC found continuing assignments on racial basis, altho choice of schools freely granted on request, entered injunction, granted 60 days to file desegregation plan; no counsel fees awarded to Pl because no pattern of evasion proved.
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522.Va.33. Pettaway v Co School Bd (Surry Co) (CA 4) 1962: Va Pupil Placement Bd assigned 7 Negro pupils to previously all-white school. Private school for whites organized, all white pupils in Co enrolled, Def-bd provided tuition grants, closed previously all-white public school for insufficient enrollment. Pls, Negro children, sued to restrain Def-bd from paying tuition grants, failing to operate any school in Co, to restrain Def-bd of supers from appropriating less to run public schools than in previous years. Sept 30, 1963: DC found case turned on constitutionality of state and co subsidy of private segregated schools, noted similar question at issue in Griffin, 522.Va.1, denied Pls' motion for preliminary injunction. May 25, 1964: CA 4 reversed, ordered hearing on merits. June 19: DC enjoined Defs from processing applications for state or co funds for use at segregated schools, from any discriminatory action in operation of public schools, and from closing any schools which they operated during 1962-1963 school year. Dec 2: CA 4 unanimously affirmed in joint opinion with Allen, 522.Va.1, X DOCKET 69.

See Allen, 522.Va.1.

522.Va.36. Pls v Va State Bd of Educ (ED Va, Richmond Div) 1964: 24 Negroes filed omnibus class suit against 9 co school bds and state bd, seeking 3-judge ct decision that freedom-of-choice plan unconstitutional because plan permits parents to receive state tuition grants if they choose to send children to segregated private schools instead of integrated public schools; plan slowed desegregation, so only 15,000 of Va's 236,000 Negro children in desegregated systems. Pending.

S. W. Tucker and Henry L. Marsh, III, Esqs., 214 E. Clay St., Richmond.

523. Suits to Prevent Integration (see also 204, 213, 223)

523.Calif.1. Acacia Fraternity, Pi Beta Phi Fraternity v Univ of Calif Regents (L.A. Co Super Ct, Inglewood Div, SWC 5042) Facts: X DOCKET 71. Ct sustained Def's demurrer without leave to amend.
523.NJ.2. Fuller v Volk (Englewood) (CA 3) Facts: X DOCKET 71. Mar 5, 1964: Appeal argued; awaiting decision.
523.NY.1. Balaban v Rubin (Brooklyn) (USSC) Facts: X DOCKET 71. Cites: 199 NE2d 375; c.d., 379 US 881.
523.NY.2. Vetere v Mitchell, Commr Allen (Hempstead, Malverne Dist) (NY Ct of App) (41 Misc2d 200, rev'd 21 AD2d 561) Facts: X DOCKET 71. Addendum: June 17, 1963: State Commr of Educ warned that any school with 50%-plus nonwhite enrollment faced total segregation, urged community action. Commr ordered bd to send all Negro and white children K-3 to white school, all 4-5 to Negro school. Sept: Pls, white parents, sued to void Def's order. Sup Ct held for Pls under Educ Law §3201. July 21, 1964: App Div reversed, upheld Commr's plan as "educational aid." Mar 18, 1965: Ct of App (5-2) affirmed Commr's order, held legislature gave Commr "all but absolute power," did not evaluate "sociological, psychological and educational assumptions" Commr relied on.

To the same effect: Schnepp v Donovan, 43 Misc2d 917; Van Blerkom v NYC Bd of Educ, 44 Misc2d 356, aff'd 22 AD2d 71.

523.NY.4. Addabbo v Donovan (NYC) (Queens, Spec Term, Part I) (43 Misc2d 621) Facts: X DOCKET 71. Jan 12, 1964: App Div affirmed; state may take affirmative action to correct racial imbalance. Leave to appeal granted.
523.NY.5. Blumberg v Donovan (NYC) (Sup Ct, Queens, Spec Term, #5065, 1964) Facts: X DOCKET 71. Correction: Defs requested new hg. Pls failed to respond. Oct 28, 1964: Sup Ct vacated judgment.

Leo A. Larkin, Corp. Counsel, Municipal Bldg., NYC.

524. Miscellaneous Suits to End Segregation (see also 555)
525. Miscellaneous
530. Housing — Racial Discrimination

Art 17: (1) Everyone has the right to own property alone as well as in association with others.

531. In Public and Publicly Assisted Housing — Urban Renewal (Title I)

531.15. Citizens for Fairer Urban Renewal v City of Stamford Conn (Super Ct) Suit filed for permanent injunction to block redevelopment project on ground it had not provided for adequate low-rent housing or "humane relocation" of small business. Pending.
532. In Publicly Assisted Housing — FHA and VA

532.26. Gregory v Zehman (Cleveland) (Com Pleas Ct, #742019) Facts: X DOCKET 72. Jan 15, 1965: At hg on pleadings, ct dismissed as class action, found (1) Pl financially qualified to buy home from Def under VA loan; (2) Defs could not reject Pl's application to buy solely on ground of race; (3) Pl suffered no pecuniary loss so no damages awarded; held discrimination against public policy of US and Ohio (due process clauses of 5th and 14th Amdts, equal protection clause, 42 USC §1982, Ohio Const art I, §1), not required by Natl Housing Act or Servicemen's Readjustment Act; assessed costs against Defs.

Milus J. Graham, Esq., 920 E. 105th; Clarence H. Holmes and James B. Taylor, Esqs., 1 Public Sq., all of Cleveland.

533. In Private Housing

533.55. Curtis and Washington State Bd Against Discrimination v Interlake Realty (King Co Ct, #H-708) (385 P2d 37)*
533.56. Thomas v Alexander, Goulis, Paxinos (San Francisco Muni Ct, ##477389, 477388) Facts: X DOCKET 73. New trial granted because of excessive jury verdict. 3-judge Muni Ct granted Def's motion to strike based on Proposition 14 to facilitate quick appeal despite "grave doubts" on its constitutionality. Super Ct, App Dept certified matter to Dist Ct of App; pending. Additional counsel: Ephraim Margolin, Esq., 683 McAllister St., San Francisco.

Other Proposition 14 cases: Mulkey, 533.85; Prendergast, 533.86; Hall, 533.87; Grogan, 533.88.

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533.65. Wagner v O'Bannon (Pomona, Calif) (L.A. Co Super Ct, #East C-2148) Facts: X DOCKET 73. Ct overruled demurrer. Def's motion for production of names of all witnesses granted. To locate witnesses in time, Pl's attorney placed ad in newspapers; sought, "in connection with a pending case" to locate Negroes who had been steered away from certain described neighborhoods. Pl's attorney told either to stop ads or face charge of advertising to solicit business; Def, Realty Bd, filed complaint to State Bar. Hg; decision pending. Thereafter, Def, Realty Bd, admitted first Negroes as brokers and salesmen.
533.72. Terry v City of Toledo (Ohio Sup Ct) Facts: X DOCKET 74. Mar 15, 1965: Sup Ct affirmed, held ordinances invalid for lack of clear enforcement provisions.

But see Porter, 533.76.

533.76. Porter v City of Oberlin (Ohio Sup Ct, #38,734) Facts: X DOCKET 74. Mar 15, 1965: Sup Ct affirmed Ct of App, upheld constitutionality of Fair Housing ordinance covering sales, rentals by persons owning or controlling 5 or more units, realtors, mortgage lenders enforced by City Housing Renewal Commn; held constitutional right to own property strengthened, not weakened, by laws prohibiting interference with constitutional right to acquire property.

But see Terry, 533.72.

533.82. Washington v Manwed (San Francisco Muni Ct, #514226) Facts: X DOCKET 74. Certified for Mar 23, 1965, for refusal to answer certain questions on depositions. Pl argues Proposition 14 does not apply to managers or residential property with grocery store on premises. Pending.
533.83. City of Ann Arbor v Hubble (Washtenaw Co Cir Ct, #Cr373) Facts: X DOCKET 74. City's appeal pending.

Jacob F. Fahrner, Jr., City Atty., Ann Arbor, Mich.

533.84. Washington v Village of Broadview (Ill) (Super Ct, Cook Co, #63521376) May, 1963: Pls sued, alleging their subdivision of individual homes the only area within Def village with mixed housing occupancy; in furtherance of policy of preventing non-Caucasions from occupancy, Defs permitted zoning variations for multiple dwellings to discourage Pls' subdivision; pray injunction and damages. Super Ct struck complaint for lack of specificity.

Leonard Karlin, Esq., 8 S. Dearborn, Chicago.

533.85. Mulkey v Reitman (Orange Co Super Ct) Negro Pl sued, alleging discrimination in housing solely due to race. Jan 3, 1965: Ct sustained Def's demurrer held constitutional Proposition 14, state constitutional amdt allowing property owners absolute discretion in rental or sale. Appeal pending.

David R. Cadwell, Esq., 1923 W. 17th St., Santa Ana, Calif.

And see 533.56, 533.86, 533.87, 533.88.

533.86. Prendergast v Snyder (Los Angeles Co Super Ct) Dec 1, 1964: After passage of Proposition 14 (anti-fair-housing amdt to state constitution), Def served Negro tenant with eviction notice. Dec 23, 1964: Pl filed suit challenging constitutionality of Prop 14. Ct held: Def could not evict solely on ground of race under Prop 14; eviction involves judicial enforcement which is state action under 14th Amdt; Prop 14 valid only when no state action.
533.87. Hall v Miller (Sacramento Co Super Ct) Pl, Negro, filed suit against Def-landlord to prevent eviction based on Proposition 14. Dec 29, 1964: hearing.

And see Thomas, 533.56; Mulkey, 533.85; Prendergast, 533.86; Grogan, 533.88.

533.88. Grogan v Meyer (San Francisco) (Dist Ct of App) Pl sued landlord for alleged discrimination in apt rental. Def moved for dismissal because of Proposition 14. Muni Ct dismissed, despite serious doubts as to constitutionality of Prop 14, advised Pls to appeal. Pls filed notices of appeal to App Dept, moved Dept to certify constitutional question to Dist Ct of App. Mar 19, 1965: Ct of App denied certification returned case to App Dept; no reason given.
534. Omnibus Suits to End Housing Segregation

534.1. Cotillion Club, Inc v Detroit Real Estate Bd (ED Mich, S Div, #22058) Facts: X DOCKET 74. Pl did not appeal. Case closed.
534.2. Hunter, Powell, Ferguson v Akron Real Estate Bd (ND Ohio) Negro Pl alleges Def-realtors lied about unavailability of homes listed for rent because of his race; white Pl alleges Def-realtor agreed to handle sale of Pl's home without regard to race, then told Negro prospect owner would only sell to whites; Negro broker Pl made agreement with white realtor Defs to split commission on sale of firm's listing, then Def withdrew because prospective buyer a Negro. Apr 7, 1965: Pls filed suit against bd and 28 realty firms under Sherman Anti-Trust Act for injunction against unlawful conspiracy in restraint of trade. Pending.

NAACP Inc. Fund, 10 Columbus Circle, NYC.

535. Miscellaneous Housing Suits

535.3b. Pls v Greater Detroit Home Owners' Council (Wayne Co Cir Ct) Facts: Turner, 535.3, IX DOCKET 118, Council v Mich Civil Rights Commn, 535.3a, X DOCKET 74. Dec 21, 1964: Negro and white Pls sued to test constitutionality of anti-fair-housing ordinance passed Sept 1, 1964, alleging it violates 14th Amdt, Mich Const art I, §2. Pending.
540. Transportation — Racial Discrimination
541. In Interstate Facilities

541.Ala.1. Baldwin v Morgan (Bermingham) (ND Ala)*
541.Ala.9. Abernathy v Alabama (Montgomery) (USSC, #9) Facts: X DOCKET 75. Apr 5, 1965: USSC reversed, per curiam, citing Boynton v Virginia, 541.8, 364 US 454, 1960.
541.Ill.1. Wright v CB & Q RR (ND Ill, #62 C 1282) Facts: X DOCKET 75. Cite: 223 F Supp 660.
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542. In Intrastate Facilities (and see 51, 54, 55, 58)

542.16. City of Montgomery v Taylor (Montgomery Co Cir Ct)*
550. Miscellaneous Racial Discrimination (and see 51, 54, 55, 58)
551. In Recreational Facilities

551.Ga.10. Evans v Newton (formerly Newton v City of Macon) (USSC) (138 SE2d 573) Facts: X DOCKET 76. Petition for cert pending.
551.Mich.7. Pontiac Community Bowling League v Orchard Lanes Bowling Alley (Mich Civil Rights Commn) Comp, league of Negro bowlers, alleged Resp refused contract for time comparable to other leagues of same size. After conciliation failed, Commn held hgs, issued order. Mar 23, 1965: Resp offered Comp contract for 1965-1966; Comp accepted.
551.Miss.4. Clark v Thompson (formerly Carter v) (CA 5, #19961) Facts: X DOCKET 77. Addendum: Mar 6, 1963: CA 5 affirmed DC judgment denying injunction and declaratory judgment, rejecting suit as class action granting relief to Negro Pls as individuals. Cite: 313 F2d 637.
551.Pa.6. Vaughns v Lemont Furnace (Shady Grove Park) (Pa Human Relations Commn) 1962: After complaint filed with Commn, Resp, pool owners, agreed to serve public without discrimination. July 1964: Comp alleged Resp denied his party use of pool solely because of race. Dec 17, 1964: Midway in public hg, Resp agreed to refrain from any discriminatory practices, citing USSC decisions in Heart of Atlanta Motel, 553.Ga.2, X DOCKET 128.

Nathan Agran, Counsel, Pa Human Relations Commn, Harrisburg.

551.SC.4. Brown v SC Forestry Commn and Lee, Intervenor (CA 4) Facts: X DOCKET 77. Cite: 331 F2d 142.
551.SC.6. James v Carnegie Public Library (Sumter) (ED SC, #AC-1163) (235 F Supp 911) Facts: X DOCKET 77. Nov 17, 1964: DC dismissed as moot.
552. In Dining Places (and see 51, 54, 55, 58)

552.Ala.4a. City of Montgomery v King and Embry (Ala Ct of App) (168 So2d 30, 495) Facts: X DOCKET 77. Oct 6, 1964: Ct of App reversed, citing Robinson v Florida, 552.Fla.4, 378 US 153, since city ordinance required separate toilet facilities.
552.Ala.12. Katzenbach v McClung (Birmingham) (USSC, #543) Facts: X DOCKET 77. Dec. 14, 1964; USSC reversed, Clark, J: (1) Denial of discretionary declaratory relief not required here due to importance of deciding constitutionality of 1964 Civil Rights Act quickly; (2) see Heart of Atlanta Motel, 553.Ga.2, X DOCKET 128, for discussion of commerce power; (3) legislative hgs showed discrimination in restaurants had direct, highly restrictive effect on interstate travel by Negroes; (4) volume of food purchased in interstate commerce need not be great; (5) absence of specific legislative findings not fatal. Black, J, conc; Douglas and Goldberg, JJ, conc.
552.Ariz.1. Twitty v Blakeman d/b/a Trucker's Cafe (Coolidge) July 4, 1964: Pl, Tucson CORE pres, denied service indoors by Def. Aug: CORE picketed Def. Sept 17: Pl filed suit under 1964 Civil Rights Act; pending.
552.Ark.2. Lupper v Arkansas (USSC, #5) Facts: X DOCKET 77. Dec 14, 1964: USSC vacated and abated (5-4). See opinion at Hamm, 552.SC.4d, X DOCKET 128.
552.Fla.7. Plummer v Brock (MD Fla, Jacksonville Div, #64-187-J) Facts: X DOCKET 78. Addendum: Aug 5, 1964: DC issued injunction against 17 named restaurant owners, 11 named members of Ancient City Hunting and Gun Club, "and any other persons to whom notice" of order may come, not to interfere "in any way" with Negroes seeking to enjoy goods, services, accommodations; Def Club pres to notify his claimed 1476 members of ct order within 7 days and file written report with ct how he so notified; held suit a proper class action as to Pls, not class action as to Defs and group they represent. Aug 20: cited for contempt 1 restaurant owner—to pay $400 counsel fees; 1 citizen's deputy—to pay $200 counsel fees, give up honorary office as deputy; his appeal from resignation order pending.

Tobias Simon, Esq., 223 S.E. First St., Miami.

552.Fla.8. Franklin v Ferrell; Pride v Roberts (Madison Co) (MD Fla, ##64-253, 255, Cr J) Pls filed 2 suits under 1964 Civil Rights Act to require desegregation of restaurants. Nov 12, 1964: DC issued preliminary injunctions.

Tobias Simon, Esq. 223 S.E. First St., Miami.

552.Fla.9. Parris v Woodward (Madison Co) (MD Fla, Civ #64-247, 256 Cr J) Oct 1, 1964: Pls filed suit under 1964 Civil Rights Act against 7 restaurants, 1 theatre to require service for Negroes. Consent injunction issued against 4 Defs who admitted violation, agreed to cease discrimination. Oct 22: After trial, DC issued preliminary injunction against other Defs. Dec 3: Injunction made permanent. Jan 12, 1965: Pls filed motion for costs and atty fees. DC awarded $350 atty fees against each Def.

Tobias Simon, Esq., 223 S.E. First St., Miami.

552.Fla.10. Williams v Connell; Boldan v Allen (MD Fla, Jacksonville Div, ##64-183, 184 Civ J) (9 RRLR 1427) July 15, 1964: 2 class actions filed by Negroes against 2 St. Augustine restaurants under 1964 Civil Rights Act §207(a). Sept 19, 1964: DC held §207(a) applied, since both served or offered to serve interstate travelers; ordered Pls admitted on same terms as whites; restrained Defs from discriminating in any manner.

Earl M. Johnson, Esq., 625 W. Union St., Jacksonville; David J. Halperin, Esq., 10 N. Franklin St., Chicago; NAACP Inc. Fund, 10 Columbus Circle, NYC.

552.Ga.16. Kennedy v Pickrick (USSC) (234 F Supp 179) Facts: X DOCKET 78. Aug 10, 1964: Black, J, denied stay of DC injunction pending appeal to USSC.

And see Pls and US v Maddox, 41.5, X DOCKET 89.

552.NC.4. Williams v North Carolina (Monroe) (NC Sup Ct, #443) Facts: X DOCKET 79. Feb 16, 1965: NC Atty Gen moved to dismiss Def's appeal from 1960 conviction because Def moved to "Communist Cuba" Aug 1961 (see
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Crowder, 59.22, X DOCKET 17, in which Def also a Def). Def's counsel opposed motion because it ignored USSC reversal of conviction June 1964. Sup Ct denied motion, placed case on open docket.

Additional counsel: Thomas H. Wyche and W. B. Nivens, Esqs., Charlotte, N.C.

552.NC.9. Fox v North Carolina (Raleigh) (NC Sup Ct)*
552.SC.2b. South Carolina v Davis (Orangeburg) (USSC)*
552.SC.4d. City of Rock Hill v Hamm (USSC, #2) Facts: X DOCKET 79. Dec 14, 1964: USSC vacated convictions, ordered charges dismissed (5-4), Clark, J: (1) Under 1964 Civil Rights Act, Defs' conduct could not be subject of trespass prosecutions; (2) "we agree that the law generally condemns self-help, [but] the language of §203(c) supports a conclusion that non-forcible attempts to gain admittance to or remain in establishments covered by the Act, are immunized from prosecution. . . . The availability of the Act as a defense against punishment is not limited solely to those who pursue the statutory remedies." (3) "the [abatement] principle takes the more general form of imputing to Congress an intention to avoid inflicting punishment at a time when it can no longer further any legislative purpose, and would be unnecessarily vindictive." (4) Supremacy clause requires application of abatement to state convictions; it is "so firmly imbedded in our jurisprudence as to be a necessary and proper part of every statute working a repealer of criminal legislation." (5) "The convictions were based on the theory that the rights of a property owner had been violated. However, the supposed right to discriminate on the basis of race, at least in covered establishments, was nullified by the statute." Douglas, J (Goldberg, J) conc. Black, Harlan, Stewart, White, JJ, diss.
552.SC.9a. City of Darlington v Stanley (USSC) (122 SE2d 207, SC Sup Ct 1961)*
552.Va.13. Pls v Vonetes d/b/a Lee House Diner (ED Va) July 4, 1964: Def, restaurant owner, refused to serve Negro diners. Aug: Pl filed suit under 1964 Civil Rights Act. Sept 26: DC referred case to Community Relations Service for conciliation under 1964 Act, §1001. Nov 25: Service reported inability to bring about compliance, returned case to DC.
553. In Other Facilities (and see 42)

553.Fla.1. Due v Tallahassee Theaters, City Officials and Sheriff (ND Fla, Tall Div, Civ #931) (333 F2d 630, 1964)*
553.Ga.1. Henderson v Grady Hotel Corp (Atlanta) (CA 5)*
553.Ga.2. Heart of Atlanta Motel, Inc v US (USSC, #515) Facts: X DOCKET 80. Dec 14, 1964: USSC affirmed (unanimously), Clark, J: Appellant admitted motel operation within Civil Rights Act §201(a); (1) Act constitutional as applied to these facts; (2) Act based on 14th Amdt, §5 and equal protection clause, and commerce power; USSC only considered commerce power; (3) fact that Congress legislating against moral wrongs does not detract from overwhelming evidence of disruptive effect of racial discrimination on commercial intercourse; (4) does not matter that operation of motel is purely local in character; (5) Act does not deprive Appt of liberty or property under Fifth Amdt; (6) nothing novel about legislation; 32 states have equal accommodations acts; (7) doubtful if in long run Appt will suffer economic loss, but this is of no consequence. Black, J conc; Douglas, J conc; Goldberg, J conc.
553.Ga.3. Georgia v Rev Wells (Albany) (Dougherty Co Super Ct) Summer 1964: Def, Negro civil rights leader, and 6 Negro youths planned to test compliance with 1964 Civil Rights Act at Victory Club. Def searched youths, took knife from 1, put it in his own pocket. 7 drove to Club in Def's car, left car unlocked, were served at Club, left, drove away; Co police stopped car, arrested 7: possession of tax-unpaid liquor, pulling bottle from under back seat; searched Def found knife, dropped liquor charge, charged Def: concealed weapon. Def filed demand for trial twice. Jan 1965: Def filed motion to acquit for failure to try within 2 terms despite demand; granted.

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

553.Ill.2. Illinois v Rehm (Peoria Muni Ct, #64 E 3594) May 23, 1964: Bradley Univ students picketed Def's barbershop for refusal to cut Negroes' hair; 33 arrested. July 21: Def arrested for violating 1885 public accommodations act; $2,000 bail. Oct 14: Def tried by jury; acquitted. State Dept of Registration and Educ found Def in violation of act, suspended Def's license for 10 days; Def's appeal pending.

George R. Kennedy, State's Atty, Peoria Co. Cthouse.

553.Mich.3. Spenser v Flint Memorial Park Assn (Genesse Co Cir Ct, #75066) (9 RRLR 1393) Def refused interment of Negro in lot owned by Negro: condition of contract forbids burial of non-Caucasians. June 15, 1964: Cir Ct held: restriction unenforceable, citing Shelley v Kraemer, distinguished Rice v Sioux City, 680.1, I DOCKET 30, 349 US 70 (1955).
553.Miss.2. Poole v Barnett (Jackson) (CA 5, #21196) Facts: X DOCKET 80. Jan 8, 1964: CA 5 affirmed: question of state action sufficiently uncertain that trial ct could not be held to have erred in denying preliminary injunction.
553.NC.1. Pls v YMCA, Morehouse St Branch (Charlotte) (DC NC) 1964: Natl YMCA Council notified all branches that 1964 Civil Rights Act covers YM centers; 180 of 1,800 branches reported continuing segregation practices. Feb 25, 1965: Pls sued, alleging Def "white" YM refused to admit them to membership or transient living quarters reserved in advance, operates separate "Negro" YM center. Pending.

NAACP Inc. Fund, 10 Columbus Circle, NYC.

And see 553.Va.6.

553.Ohio.1. Gegner v Graham (Yellow Springs) (Ohio Sup Ct) (1 Ohio State 2d 108) Facts: X DOCKET 80. Mar 3, 1965: Sup Ct dismissed as moot due to Def's closing shop.

And see 58.7.

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553.Tenn.2. Ford v Morris, Sheriff (Shelby Co) (WD Tenn) (356 SW2d 726, 1962) 1960: Negro Defs attempted to worship at youth rally in Memphis city auditorium; arrested: disturbing religious assembly: convicted. Tenn Sup Ct affirmed. 1964: Petition for writ of habeas corpus filed in DC: DC granted Defs' motion to remain at liberty pending hg. Nov 13: Hg. Pending.

A. W. Willis and Russell B. Sugarman, Esqs., 588 Vance St., Memphis.

553.Utah.1. Cuevas v Sdrales d/b/a The 73 Inn, Salt Lake City (CD Utah, #169-64) 1964: Pl sued Defs, tavern owner, city, city policeman, under 1964 Civil Rights Act for arresting him after refusal of service. Oct 12: DC granted Defs' motion to dismiss, held tavern not covered by Title II of act. Appeal pending.

Galen Ross, Esq., Empire Bldg., Salt Lake City.

553.Va.6. Pls v YMCA, Norfolk Branch (ED Va) Feb 25, 1965: 3 Negro students, Va State College, sued under 1964 Civil Rights Act alleging Def denied them service. Pending.

And see 553.NC.1.

554. In Hospitals
Report: US Commn on Civil Rights, Equal opportunity in hospitals and health facilities: Civil rights policies under Hill-Burton program. 11 pp. Mar 1965.
554.SC.1. Rackley v Bd of Trs Orangeburg Regional Hosp (ED SC, Columbia Div, #AC-887) (35 FRD 516) Facts: X DOCKET 1. Aug 19, 1964: DC ordered Defs to submit answers to Pl's requests for admissions. Pending.
555. In Government Facilities: Omnibus Suits

555.Ala.4. Gardner v Kendrick (Birmingham) (ND Ala, S Div)*
555.Fla.2. Brown v Bryant (SD Fla, Miami Div, #63-161) Facts: X DOCKET 82. Discriminatory signs removed; Pl voluntarily dismissed complaint.
555.Ga.. See Anderson v City of Albany, 63.5, X DOCKET 21.
555.Mich.1. Dearborn Community Council v Hubbard, Mayor (Mich Civ Rights Commn, #475-LE) Dearborn mayor described himself as "for segregation one million percent at all levels." Pl, private group, alleged Def had posted on public bulletin bds in city hall, police station, and youth center photos, clippings, and articles derogatory of Negroes, dealing with intermarriage, race riots, violence in Africa. Jan 4, 1965: Hearing panel found charges true; rejected contention issue moot by reason of removal of offensive material. Jan 26: Full Commn affirmed; found actions deprived Pl of equal protection; issued cease and desist order to mayor and Dir of Pub Works prohibiting placing such material on city bulletin bds, rejected contention order abridged 1st Amdt: free speech is right of individual, not of govt. Feb 23: Commn ordered filing of petition in Cir Ct for Ct enforcement of order. Pending.

And see US v Hubbard, 590.7.

555.Va.2. Rev Dunlap v Councilmen of City of Danville (WD Va, Danville Div, Civ #540)*
560. Family Matters—Racial, Religious Problems (see also 56)

Art 16: (1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution. (2) Marriage shall be entered into only with the free and full consent of the intending spouses. (3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

561. In Marriage and Divorce

561.3. McLaughlin v Florida (formerly Hoffman v) (USSC, #11) Facts: X DOCKET 82. Dec, 1964: USSC (unanimously) reversed, White, J: held FSA §798.05 invalid as denial of equal protection because it makes criminal the staying together overnight of inter-racial couple and no couple other than inter-racial is subject to conviction under it. (1) "Judicial inquiry under the Equal Protection Clause . . . does not end with a showing of equal application among the members of the class defined by the legislation. The court must reach and determine the question whether the classifications drawn in a statute are reasonable in light of its purpose . . . whether there is an arbitrary and invidious discrimination . . ." (2) "the central purpose of the Fourteenth Amendment was to eliminate racial discrimination emanating from official sources in the States." (3) There is no overriding statutory purpose requiring punishment of promiscuity among inter-racial couples. (4) Fla didn't show this section is necessary adjunct to state's ban on interracial marriage, which question it didn't now reach. Harlan, J conc. Stewart, J (Douglas, J) conc.
561.6. Loving v Virginia (ED Va, Civ #4138) June 2, 1958: Pls, Negro woman, white man, married in Washington, DC; returned to home in Va. July 11: Warrants issued charging Pls with attempt to evade statutes prohibiting interracial marriage (Va Code §20-57). Pls indicted. Jan 6, 1959: At trial Pls pleaded guilty; 1 yr each, suspended on condition they leave Va, not return together for 25 years. Pls moved to Dist of Columbia. Pls returned to home in Va.; sought declaratory and injunctive relief in DC. Nov 9, 1964: 3-judge ct appointed. Feb 12, 1965: 3-judge ct noted its jurisdiction; declined to rule on constitutionality of statute; granted motion by Atty Gen for stay to allow Va cts to rule on validity of statute. Pending.

Philip J. Hirschkop and Bernard S. Cohen, Esqs., 1513 King St., Alexandria, Va.; David Carliner, Esq., for Natl. Capitol Area CLU, Washington, D.C.

561.7. Jones and Marquez v Shaw, Judge (Oklahoma Sup Ct, #41393) Feb 1965: Pls, Mexican-American and Negro, applied for marriage license. Co Ct denied: Okla Stat Ann §§312-315 prohibit interracial marriage. Feb 11: Pls sought writ of mandate to compel issuance of license. Feb 16: Hearing. Decision awaited. Bernard S. Cohen and Philip J. Hirschkop, Esqs., 1513 King St., Alexandria, Va.; Melvin L. Wulf, Esq., 156 Fifth Ave., NYC, for ACLU and Natl. Capitol Area CLU.
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562. In Adoption Proceedings

Art 25: (2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

563. In Custody Proceedings
564. In Miscellaneous Proceedings
570. Employment

Art 23: (1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.

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) Facts: X DOCKET 83. Ct Com Pleas remanded to Human Rights Comm for further hearing. During hearing, bd agreed to hire Pl. Pl teaching since Sept 1964.
572. Racial Discrimination by Government Agencies

572.11. Roberts v Township of Milburn (Essex Co Super Ct, #L1212-61 PW)*
573. Racial Discrimination Involving Government Contracts

573.4. Bishop Childs v Rockefeller, Wagner (SD NY, #632,127) Facts: X DOCKET 83. Oct 1, 1963: DC dismissed complaint.

And see 51.59, 55.70.

573.4a. Gaynor v Rockefeller (NYC) (New York Ct of App) Facts: X DOCKET 83. Jan 14, 1965: Ct of App affirmed dismissal: discriminatory practices of unions not chargeable to city or state; no allegations that public officials were asked to correct discrimination by contractors.
574. Racial Discrimination by Transportation Companies

574.10. Colorado Anti-Discrimination Comm v Continental Airlines (Denver Dist Ct) (368 P2d 970; 372 US 714) Apr 22, 1963: USSC unanimously reversed Colo Sup Ct; held state FEP Act applied as here to prevent racial discrimination in hiring does not impose undue burden on interstate commerce. Oct 8, 1964: Dist Ct ordered Def to offer position as pilot at starting salary commensurate with salary had he been employed since June 1957. Nov 30, 1964: Comp accepted position.

Atty. Gen. of Colorado; R. Rabor Taylor, Esq., 818 17th St., Denver.

Case notes: 110 Pennsylvania 1033; 35 Colo 261; 48 Virginia 1149.

574.16. Baker v Bhd Ry & Steamship Clerks, Louisville & Nashville RR (WD Ky, #4605) Facts: X DOCKET 84. After suit filed, Post Office Dept began investigation. DC decision awaited.
575. Racial Discrimination by Unions

575.18. Howard v St. Louis, San Francisco RR and Bhd of RR Trainmen (ED Mo, #62-C-358(3)) Facts: X DOCKET 84. Trial pending. Def-railroad has petitioned ICC for permission to discontinue passenger service completely. If permission granted would eliminate all jobs including those regarding which Pls allege racial discrimination.
575.20. New York Commn for Human Rights v Farell, Local 28 Sheet Metal Workers Intl (NY Sup Ct, 1st Jud Div) (252 NYS2d 649) 1964: Commn found "father-son" admission system used by all-white union automatically excludes Negroes; ordered Def to submit statement of qualifications for admission to training program, standards used to test applicants. Sup Ct affirmed. Feb 1965: Test given to 310 whites; 30 Negroes; 1 Negro passed. CCNY Social Dynamics Inst dir, others allege test not relevant to apprenticeship program; emphasizes verbal skills not taught Negroes in de facto segregated schools.

And see cases at 573.

575.24. Todd v Joint Apprenticeship Comm of Steel Workers of Chicago (USSC, #380) (c.d., 85 S Ct 880) Facts: X DOCKET 84. Nov 9, 1964: USSC invited Solicitor Gen to file briefs expressing views of US. Mar 1, 1965: USSC denied cert.
575.28. Turner, Spivey & Crane v L.A. Superior Court (Calif Sup Ct, #28038) Facts: X DOCKET 84. Super Ct dismissed L.A. Realty Bd as Def. Appeal pending. Trial pending as to other Defs.

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

And see Morgan, 264.5.

575.29. NLRB v Local 12, United Rubber Workers of America (Gadsden, Ala) (NLRB) 1962: Negro union members filed complaint: local won't handle grievances re segregated Co facilities or wage claims when Negroes laid off while whites with less seniority retained. Dec 18, 1964: Bd (3-2) found failure to process grievances based on racial grounds; held violation of union's duty to represent all members; an unfair labor practice. Bd ordered Def-Local (1) to bargain in good faith for contract provisions prohibiting discrimination on the job; (2) to process Comps' grievances. Diss: Violation of duty of fair representation not unfair labor practice; racial discrimination sufficient ground for revocation of certification, but not for finding of unfair labor practice.

Robert L. Carter, Esq., for NAACP.

575.30. Local 51, Intl Assn Heat and Frost Insulators and Asbestos Workers v Allison (Louisville) Union member taught Negroes trade in course sponsored by Urban League. Nov 1963: Exec Bd found him to be working against best interests of Local; fine $200. Rehearing denied; fine reduced to $100. Mar 1964: Natl office affirmed; reduced fine to $50. Course discontinued.
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576. Other Racial and Religious Discrimination
And see 63.3, 63.3a, 63.4.
576.21. Hylton v Amer Cable and Radio (FCC; US Civil Rights Commn; Pres's Comm on Equal Employment Opportunity) 1950: West Indian hired by Def. 1962: Def told she was Negro; fired as Branch Supervisor. Dec 1, 1964: Complaint filed with FCC seeks revocation of Def's franchise, $25,000 punitive damages, $4,000 severance pay, atty fees. Comp alleges harassment re subsequent attempts to find and hold jobs. Complaints pending before other agencies.

Paul Zuber, Esq., 315 W. 125th St., NYC.

576.22. Myart and Illinois FEPC v Motorola (Chicago) (Cir Ct) July 15, 1963: Comp applied for electronics job with Def; took short intelligence test; denied employment. July 29: Filed complaint alleging refusal to hire based solely on race. Feb 26, 1964: Hg examiner found Comp qualified for job; no showing Comp did not pass test; test discriminates against culturally disadvantaged groups; denial based solely on race; ordered Def to cease discrimination in hiring and use of discriminatory tests, and to offer Comp job. Nov 18: Commn declined to rule on continued use of test; adopted other findings; ordered Def to pay Comp $1,000 expenses and embarrassment; did not order Comp hired. Jan 12, 1965: Commn modified order: Comp passed test, Def marked it with failing grade; styled award "compensatory damages for effects of discrimination." Mar 5: Cir Ct reversed damage award: beyond power of Commn.

Houston Hall, Esq., 179 W. Washington; Elmer Gertz, Esq., 120 S. LaSalle, and Douglas F. Stevenson, Esq., 208 S. LaSalle, for Ill. FEPC.

Walter Black, Esq., 123 W. Madison, for amicus Negro American Labor Council; Katz & Friedman, Esqs., for amicus United Auto Workers; Ralph Brown, Esq., 59 E. Van Buren, for amicus American Jewish Congress.

576.23. New York v Employment Associates (NY Sup Ct, 1st Jud Div) Atty Gen sought injunction against Def's using marginal notations indicating natl origin of applicants. Sup Ct, by consent, enjoined discrimination; enjoined keeping records specifying race, creed, or natl origin; Def taxed $500 costs.
576.24. New York v Schurkman, McLinskey (NY Sup Ct, 1st Jud Div # #4456-64, 4457-64) Nov 10, 1962: Non-union subcontractor of union heating co hired Negro laborer. Nov 20: Sub told by all-white Steamfitters Local 638 union did not permit Negroes to work as steamfitters or helpers; threatened loss of contract if did not fire Negro. On compl of CORE, DA began investigation. Nov 20, 1964: Defs indicted: conspiracy, discrimination (Pen Law §§700, 701); Def-McLinskey: perjury. Defs pleaded not guilty. 4000-member local admitted 9 Negroes to apprenticeship program. Trial pending.
577. Nationality Discrimination
578. Sex Discrimination

Art 23: (2) Everyone, without any discrimination, has the right to equal pay for equal work.

579. Age Discrimination
580. Civil Actions Under Civil Rights Law Not Otherwise Covered (see 304)

580.7. Council of Federated Organizations, Schwerner, Chaney v Rainey, Ku Klux Klan, Americans for Preservation of White Race, White Citizens Councils, Doe (SD Miss) Facts: X DOCKET 85. Dec 22, 1964: CA reversed dismissal; held DC must hear suit; denied emergency relief, appointment of US Commissioners, pending DC decision. Pending.
580.10. US v Selma, Dallas Co Officials (SD Ala) Aug-Sept 1964: Justice Dept sued in 3-judge ct for injunction under 1964 Civil Rights Act to enjoin local officials from punishing, threatening, arresting, or jailing without just cause persons attempting to exercise civil rights. Pending.

And see 42.23, 51.45, 55.72, 55.101, 58.43, 59.35, 59.35a, 63.28, 63.28a.

590. Criminal Prosecution Under Civil Rights Law

590.6. US v Mills, Fillingame (New Bern) (ED NC) Jan 24, 1965: 2 cars parked outside civil rights rally destroyed by explosion; hr later Negro funeral home bombed. Jan 29: Def-Mills, Klan Exalted Cyclops, and 2 other Defs arrested: conspiracy to violate civil rights law. Trial pending.
590.7. US v Hubbard (ED Mich) Feb 16, 1965: Def-Mayor arrested: conspiracy and violation of fed civ rights acts: Charges grew out of 1963 anti-Negro demonstrations. $5,000 bond. Pending.

US Atty., William Merrill, Asst. US Atty., 815 Fed. Bldg. Detroit.

And see Hubbard, 555.Mich.1.

590.8. US v Thornton, Boudreaux (E Carroll Parish) (WD La) Spring 1964: 3 Negro teenagers allegedly beaten by 4 policemen and deputies while in custody. Feb 1, 1965: 4 Defs indicted: beating; depriving Negroes of civil rights. Trial pending.
590.9. US v Belk (Greenwood) (ND Miss) July 7, 1964: Local Negro gained admission to previously segregated movie theater; assaulted. July 16: Comp forced into car at gunpoint, taken to auto repair shop, beaten with pipe. July 23: Defs arrested: conspiracy to violate Civil Rights Act; $1,000 bail. Comp shot in face. Jan 7, 1965: 3 Defs indicted: threatening and beating Comp for exercising his rights. Trial pending.
590.10. US v Price, Rainey (Neshoba Co) (SD Miss; USSC, #948) June 21, 1963: 3 civil rights workers held for traffic violation, released at night, driven in Sheriff's car to isolated spot. Negro allegedly beaten to death with chains; whites shot. August 4: bodies found buried in recent earth dam. Dec: 19 Defs, including Sheriff, deputy, arrested. Dec 10: US Comm dismissed: hearsay. Jan 15, 1965: 18 Defs indicted: conspiracy to deprive victims of civil rights; conspiracy with law enforcement officers to inflict summary punishment. One Def announced intention to plead guilty. Feb 25: DC, Cox, J, dismissed felony indictment against 17 Defs: does not state crime against US. Appeal to USSC pending. Trial pending on misdemeanor charge.

And see 580.7.

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600. Suits Involving Constitutional Rights of American Indians
601. Civil Actions Between Individual Indians and Indian Tribes
602. Civil Actions Against Reservation Indians

602.6. Warren Trading Post v Arizona Tax Commn (USSC, #115) (387 P2d 809) Commn imposed 2% privilege tax on gross sales made on reservation to Indians. 1963: Ariz Sup Ct (4-1) affirmed lower ct holding tax valid. Oct 12, 1964: USSC noted prob juris. Issues on appeal: Is tax direct burden on commerce with Indian tribes in violation of US Const art I, §8; is it illegal interference with tribal powers of tribal self government. Pending.

Arthur Lazarus, Esq., 1700 K St. NW, Washington, D.C. for amici Assn on American Indian Affairs, Hualapai Tribe, San Carlos Apache Tribe, Salt River Pima-Maricopa Indian Community.

603. Criminal Actions Against Indians on Reservations

603.5. Calliflower v Garland (CA 9, #19170) (D Mont) Facts: X DOCKET 86. Feb 4, 1965: CA held tribal ct subject to due process clause, 5th and 14th Amdts; remanded to DC for hearing on habeas petition. Pending.
604. Actions Involving Property Rights
605. Condemnation of Land of American Indian Reservations

605.2. US v Seneca Nation (CA 2) ⅓ of reservation land condemned for Kinzua Dam, army flood control project, also requiring relocation of NY route 17; Senecas consented. Army decided to enlarge road to 4-lane limited access. DC granted condemnation. 1964: On appeal, CA (2-1) affirmed, rejected Senecas' contention that controlled access highway would be greater barrier to intra-reservation traffic than old road.