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CIVIL LIBERTIES DOCKET
Vol. X, No. 3
July, 1965
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The DOCKET is published three times each year, October to July.
OSMOND K. FRAENKEL, Chairman of DOCKET Board
ANN FAGAN GINGER, Editor

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

Form: Memo on unconstitutionality of prior restraints on exercise of First Amdt liberties, by Victor Rabinowitz. CIVIL RIGHTS HANDBOOK pp 135-138; and see pp 75-89.

UN DECLARATION OF HUMAN RIGHTS: Arts 19, 28, 29, 30

FREEDOM OF SPEECH, PRESS, ASSEMBLY (0-99) See also Association (200-299)
10. Licensing
11. Of Meetings (see also 201)
And see Frankhouser, 51.Md.1.
12. Of Motion Pictures (see also 52)

12.10. Gate Film Club v Pesce (USSC) Facts: X DOCKET 87. Cite for cert denied: 85 S Ct 1023 (1965).
12.12. Trans-Lux Distributing Corp v NYU Bd of Regents (USSC) Facts: X DOCKET 87. Cite: 380 US 259.
12.13. Freedman v Mason and Maryland State Bd of Motion Picture Censors (Md DC, #16415) Mar 1, 1965: USSC held Md censorship law unconstitutional, Freedman, 52.67, X DOCKET 92, 377 US 987. Md legislature amended law placing burden of proof on censors. May 10: Pl filed suit challenging new law. Pending. May 18: Pl arrested: showing films without prior censor bd approval; pending.

Richard C. Whiteford, Esq., 301 N. Charles St., Baltimore.

12.14. Smith, Mullan v Crumlish (Philadelphia) (Ct of Qtr Sess, #266, 267) Pls challenge constitutionality of provisions of Penn Pen Code respecting obscene movies because (1) no procedures provided for search and seizure of allegedly obscene films, (2) lack of proper standard of obscenity. Ct quashed indictment of film exhibitors or ordered films returned. State's appeal to Super Ct. pending.

Jacob Kalish, Esq., 26th Fl. Fidelity-Phila. Trust Bldg.; Maurice Pollon, Esq., 1315 Two Penn Center Plaza, both of Philadelphia.

Amicus: Jacob S. Richman, Esq., NE Cor 19th & Chestnut Sts, Philadelphia, for ACLU.

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

14.10. Haiman and Grove Press v Morris (Ill Sup Ct) Facts: X DOCKET 1. Article: Elmer Gertz, Illinois battle over "Tropic of Cancer," XLVL Chicago Bar Record 161-172.
14.19. G P Putnam's Sons v Calissi, Bergen Co Pros (Hackensack) (NJ Super Ct, Chanc #C 3070-62) Facts: X DOCKET 87.*

Parisi, Evers & Greenfield, Esqs., 191 Main St, Hackensack.

15. Of Miscellaneous Activities
20. Administrative Restrictions
21. By U. S. Customs
22. By U. S. Postmaster
UN DECLARATION OF HUMAN RIGHTS: Art 19
22.15. Heilberg v Fixa (USSC) (381 US 301) Facts: X DOCKET 2, 88. May 24, 1965: USSC affirmed; see joint opinion with Lamont, 22.18, below.
22.17. McReynolds, Pappenheim v Christenberry (USSC) (233 F Supp 143) Facts: X DOCKET 2. Jan 18, 1965: USSC denied cert; Black, J, diss. Cite: 85 S Ct 657.
22.18. Lamont v Postmaster Genl (USSC) (381 US 301) Facts: X DOCKET 2, 88. May 24, 1965: USSC reversed, joint opinion with Heilberg, 22.15, Douglas, J: (1) No question of mootness since new PO procedure requires separate notice for each item received and addressee must make separate request therefore (tho no list kept of persons desiring to receive mail); (2) & sect;305(a) Postal Service Act, 76 Stat 840, requiring PO not to deliver foreign "communist political propaganda" unconstitutional "as a limitation on the unfettered exercise of the addressee's First Amendment rights" because addressee in order to receive his mail must request in writing that it be delivered: Brennan, J (Goldberg, J) conc; Harlan, J, conc in result.
23. On Government Information and Secrecy
24. On Students and Professors (see also 223, 262, 281, 342, 571)
List and cites: Administrative restrictions on students and professors, outline with recent cases. CIVIL RIGHTS HANDBOOK pp 221-222.

Analysis: Academic freedom defined. CIVIL RIGHTS HANDBOOK pp 222a-222d.

Form: Complaint for reinstatement of student, by Charles Conley. CIVIL RIGHTS HANDBOOK pp 223-226.


24.37. California v Savio (Univ of Calif-Berkeley) (Berkeley-Albany Muni Ct, ##C 7468-7547) Facts: X DOCKET 88. 796 Defs arrested: 9 sent to juvenile ct, 101 pleaded nolo contendere, 2 requested jury trial, 5 had charges dropped against them. Apr-June, 1965: nonjury trial of 150; 529 agreed to be bound by decision. All acquitted on failure to disperse (Pen C & sect;409); some found guilty of trespass (§602(o)), others of trespass and resisting arrest (§148). June-Jy: 530 sentenced; on one count $56 fine, 1 yr probation (requiring refraining from participation in "illegal" demonstrations); on 2 counts, $56 fine, 1 yr probation on 1st count; $100, 10 days in jail, suspended, and 1 yr probation on 2d count. 186 rejected probation; resentenced: on 1 count, $100 or 10 days; on 2 counts, $100 or 10 days, and $150 or 15 days. 12 Defs, mostly leaders, up to 90 days in jail plus probation; most rejected probation; resentenced: up to 120 days. All but 51 appealed. Pending.

Berkeley Free Speech Defense Counsel, Mass criminal trials: Need for pretrial. 24 The Guild Practitioner 44-56 (Spring 1965), Box 673, Berkeley, Calif.

Legislation: June 2, 1965: Gov Brown signed statute: policeman on any campus of Univ of Calif or of any state college can evict from campus any person not a student or employee if policeman believes person has come on campus for purpose of committing any act likely to interfere with peaceful conduct of campus affairs.

And see Savio, 401.23.

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24.39. California v Cuddy, Friel, Kutchinsky, Namais, Peters (San Francisco Muni Ct) May 14, 1965: Defs at meeting on San Francisco City College campus arising out of campus free speech dispute; arrested. May 17: Def Cuddy arrested for trespassing on campus. Aug 13, 24: jury trials. All Defs filed false arrest suits against college administrators; pending.
24.40. Stanton v Dumke, State College Bd of Trustees (San Jose) (Calif Sup Ct) 1962: Def told Pl-prof he would not be rehired for his fourth (tenure) year. Pl sued: Def refused to hire him because of his activity in teachers union and his public exposure of "gentlemen's agreement" among state colleges not to admit students expelled from other schools, including southern schools, for sit-in activities. Super Ct dismissed: (1) since Pl had no tenure, Def did not need good reason for firing him; (2) since no hearing required by statute, immaterial how defective extra-statutory hearing was. Dist Ct of App overruled: can sue trustees to correct "an abuse of their discretion." June 16, 1965: Cal Sup Ct agreed to hear. Pending.
24.41. Burnside v Byars (Philadelphia, Miss) (CA 5) 50 Negro students expelled from school for wearing CORE buttons; 44 reinstated. Dec 1964: Motion for injunction filed; DC denied. Appeal pending.

L. H. Rosenthal, 518 E. Capital St., and Henry M. Aronson, 517 N. Farish St., both of Jackson, Miss.

24.42. Parker v Bd of Educ (Prince Georges Co, Md) (CA 4) Pl-teacher assigned Huxley's "Brave New World" to his social studies class; Def failed to renew Pl's contract. DC dismissed complaint. Appeal to CA 4 pending.

Robert H. Reiter, Andrew P. Zimmer, Esqs.

25. On Miscellancous Activities

25.13. Roberts, Major v Vance (formerly v Stahr) (USSC) (223 F Supp 49, 332 F2d 892) Facts: X DOCKET 89. Apr 26, 1965: USSC denied cert. Cite: 85 S Ct 1344.
25.14. Percikof v New York City Parks Dept (NY Sup Ct) June 1965: Parks Dept told Pl-poet he could not read poetry in Washington Sq Park, could in other park areas. Poet claimed Dept refused unless he submitted advance programs, thus violating First Amdt. June 30: Sup Ct.reversed.

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

30. Economic Restrictions (see also 251, 261, 268, 281, 571)

30.1. Independent Productions Corp v Loew's, Inc. Facts: X DOCKET 4, 89. Book: Herbert Biberman, Salt of the Earth. Beacon Press. $5.95.
30.7. Young v Motion Picture Assn of America, Inc. Facts: X DOCKET 4. Settled, dismissed.
30.13. Turn Toward Peace v Al Molaikan Temple (L.A. Muni Ct, #908264) Facts: X DOCKET 4, 89. LA Super Ct affirmed decision for Def.
30.15. Weaver v Jordan (Sacramento Super Ct) Nov 8, 1964: California voters passed Proposition 15, outlawing pay television. May 19, 1965: Ct held Prop 15 conflicted with guarantee of free speech, pay TV could not be banned: "Since the right (of free speech) is worthless without an effective means of expression, the guarantee extends to both the content of the communication and the means employed for its dissemination."
40. Contempt (see also 63, 330s)
41. Of Federal Courts

41.3a. US v Barnett (CA 5) Facts: X DOCKET 89. May 5, 1965: CA 5 dismissed (4-3) all criminal contempt charges against Def; "No sufficient reason exists for further prosecution"; "It is highly improbable that other persons will hereafter commit acts similar to those herein charged"; CA questioned possibility of fair trial since judge may have formed fixed opinion that Defs are guilty, and no provision for replacement of judges who might be disqualified. Wisdom, Tuttle, Brown diss.
41.7. US v Cox; Cox v Hauberg (CA 5 # #22018, 22019) (342 F2d 167) Oct 1964: Fedl grand jury in Mississippi, after hearing Negro witnesses testify in voter discrimination case, requested US Atty to assist in preparing perjury indictments against witnesses. Under instructions from acting US Atty Genl, Def refused, persisted in refusal after DC Judge Cox ordered him to sign indictment. Def found in contempt, ordered to jail. Acting Atty Genl ordered to show cause why he should not also be held in contempt. Confinement stayed pending appeal. Jan 26, 1965: CA 5 found DC had no power to direct US Atty to sign indictment, within discretionary power of executive branch to determine whether there should be prosecution in particular case; granted indefinite stay of contempt citation. June 1, 1965: USSC denied DC Judge Cox's petition for cert.
42. Of State Courts

42.12. Holt and Dawley v Virginia (USSC) (381 US 131) Facts: X DOCKET 4, 89. May 17, 1965: USSC reversed (8-1), Black, J: "Their convictions rest on nothing whatever except allegations made in motions for change of venue and disqualification of Judge ... because of alleged bias....Due process and the Sixth Amdt guarantee a Def charged with contempt ... right to ... counsel ... right to file motions ... motions for change of venue to escape a biased tribunal raise constitutional issues both relevant and essential." Harlan, J, diss.
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42.24. Indiana v Neal (Hamilton Co Cir Ct) June, 1965: Cir Ct judge decreed all moving traffic offenders will get jail sentence regardless of crime or past record. Def, newspaper editor, criticized —"an excellent example of shotgun justice"; arrested for criminal contempt; bail set at $50,000; maximum penalty 3 mths and $500. Pending.
43. Of Other Agencies (see also 270s, 330s)
50. Criminal Sanctions
51. Against Disorderly Conduct and Similar Offenses (see also 55, 541, 542, 551, 552)
[Note: All cases in this category will be listed by states hereafter. All cases reported previously have been renumbered.]
51.Calif.8. California v Pontius (San Francisco Muni Ct) May 1, 1965: Def spoke at Union Square and street corner against war in Vietnam to crowd including 30 unfriendly. Policeman ordered crowd to disperse because "someone might be provoked." Most dispersed; one listener wrote down license of patrol wagon; arrested. Def asked why arrest had been made; arrested: failing to disperse. Defense based on right to speak and listeners' right to hear. June 23: After trial in Muni Ct: verdict for Def.

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

51.La.2. Cox v Louisiana (was 51.25) (USSC) Facts: X DOCKET 5, 90. Cite: 379 US 536.
51.La.2a. Cox v Louisiana (was 51.25a) (USSC) Facts: X DOCKET 5, 90. Cite: 379 US 559.
51.La.2b. Cox v Louisiana (E. Baton Rouge Parish, 19th Jud Dist; CA 5, #22,657) Jan 1965: Def's 2 1961 civil rights convictions reversed by USSC (see 51.La.2, .2a, 379 US 536, 559). Spring: DA filed new bill of information charging Def with "attempting" to obstruct justice in 1961 incident. Def removed to ED La under 28 USC § 1443(1). DC remanded. June 29, 1965: CA 5 granted stay of remand pending appeal: (1) allegations in removal petition, accepted as true in deciding whether claim good; (2) DA's "transparent purpose is to harass and punish" Def and "deter him and others from exercising rights of free speech and assembly in La," see Dombrowski, 245.16d, 380 US 479, not Douglas v Jeanette. "There is a common denominator in Rachel, (58.21, 342 F2d 336), Peacock, (55.Miss.-5a, X DOCKET 140), and Cox: the Defs, as a result of their actions in advocating civil rights, are being prosecuted under statutes, valid on their face, for conduct protected by fedl constitutional guarantees or by fedl statutes or ... both. In essence, these guarantees rest on national citizenship, as opposed to state citizenship, not expressly recognized until the three Civil War amdts... There is [here] no fedl invasion of states' rights."

CA 5 denied Def's motion for summary reversal.

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

51.Md.1. Maryland v Frankhouser (Baltimore Crim Ct, Pt I) Je 22, 1963: FAN, invited Def white supremacist to speak at Riverside Park (scene of anti-integration riots), Def attempted to speak there, then at school; arrested: (1) making speech without a permit against Park rule; (2) disorderly conduct for refusal to obey police "move on" order. Muni Ct: guilty: $50 on (1); 30 days on (2). May 28, 1964: on appeal, trial de novo, non-jury: reporters and photographers, subpoenaed by Def, testified re lack of danger of riot; Crim Ct granted motion to dismiss (1) as clearly unconstitutional; held not guilty on (2).

Atty on appeal: Carl Bassett, Jr., Esq., 100 St. Paul St., Baltimore, for ACLU.

51.Md.2. Harris v Maryland (Md Ct of App) (206 A2d 254) Jan 8, 1965: State Ct of App held statute penalizing anyone who shall enter upon premises of another "and wilfully act in a disorderly manner by making loud and unseemly noises, or by profanely cursing or swearing or using obscene language or acting in any other disorderly manner while thereon" not vague beyond limits permissible by 14th Amdt, does not infringe on exercise of free speech.

Tucker R. Dearing, Esq., 627 N. Asquith St., Baltimore.

51.Mass.1. Massachusetts v 12 Defs (Springfield) (Dist Ct) June 4, 1965: Def demonstrators, 6 Negro, 6 white, sat-in at office of Supt of Schools to protest racial imbalance in public schools; arrested: breach of peace; pleaded not guilty; released on $25 bail. Pending.

And see Barksdale v School Comm, 522.Mass.1.

51.Miss.4. Guyot v Pierce; Strother v Thompson (Jackson) (CA 5, Misc #236) June 1-18, 1965: Nearly 1000 civil rights workers arrested: failing to get permits to parade and distribute handbills under ordinances. June 19: Pls filed motion in DC for injunction against enforcing muni ordinances, against restricting peaceful use of sidewalks: void for vagueness, violate 1st and 14th amendments, 42 USC § 1983, 28 USC § 1292(a) (1), citing Dombrowski, 245.16d, 380 US 479; Cox, 51.25, 379 US 536; US v Jackson, 318 F2d 1. June 28: After 9 days of inaction by DC, motion for injunction filed in CA. June 30: CA 5 granted injunction, pending appeal of convictions under challenged ordinances.

R. Jess Brown, Carsie A. Hall, Henry M. Aronson, Esqs., 538 ½ N. Farish St.; Michael J. Silverberg, 233 N. Farish St.; Alvin J. Bronstein, William Kopit, 603 N. Farish St., all of Jackson, Miss. John O. Honnold, 524 Rutgers, Swarthmore, Pa. NAACP Inc. Fund, 10 Columbus Circle, NYC.

51.Miss.5. City of Clarksdale v Gertge (ND Miss, Delta Div, #DCR 6448) (237 F Supp 213) Def, white civil rights worker, arrested: taking photo in city hall without permission. Released on $100 cash bail. Def filed removal petition, see 51.Miss.5 at 73, X DOCKET 140.
51.NY.10. New York v Callender, Galamison (USSC) Facts: X DOCKET 6, 90 at 51.56. Apr 26, 1965: USSC denied cert.
51.Pa.2. Pennsylvania v Dotort (Pa Sup Ct) Facts: X DOCKET 56, 90.*

William Lee Akers, Esq., Suite 805 One East Penn. Sq. Bldg., Harry Lore, Esq., 135 S. 19th St., both of Philadelphia.

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51.Tenn.4. McKinnie v Tennessee (USSC) (380 US 449) Facts: X DOCKET 6, at 51.57. April 5, 1965: USSC reversed, per curiam, citing Hamm and Lupper, X DOCKET 79, 77, 379 US 306. Black, J, Harlan J, and White, J, diss.
51.Wis.1. Wisconsin v Groppi, Miles, Gregg, Walker and King (Milwaukee) June 4, 1965: Def clergymen formed chain in front of school bus to protest school board's separation of bussed Negro pupils from neighborhood school children in classes; part of demonstration in which 37 persons arrested. Pending.
52. Against Obscenity (see also 12, 14, 580)

52.33. California v Aday (USSC) Facts: X DOCKET 7, 91. Cite for cert denied: 379 US 931.
52.34. New York v Mishkin (USSC) Facts: X DOCKET 7. April 5, 1965: USSC noted probable jurisdiction.
52.48. Connecticut v Huntington (Conn Sup Ct of Errors) Facts: X DOCKET 7, 91. Cite: 204 A2d 411.
52.56. Ginzburg v US (USSC, #807) (338 F2d 12) Facts: X DOCKET 7, 91. Apr 5, 1965: USSC granted cert, 380 US 961.
52.57. Chicago v Bruce (Ill Sup Ct) Facts: X DOCKET 7, 91. Cite: 202 NE2d 497.
52.69. New York v Mekas, Jacobs, Karpe, Sims (NY App. Term, 1st Dept) Facts: X DOCKET 7. Sept 1965: appeal argued.
52.76. Freedman v Maryland (USSC) Facts: X DOCKET 8, 92. Cite: 380 US 51.

And see Freedman, 12.13.

52.78. California v Thompson (Berkeley-Albany Muni Ct) Facts: X DOCKET 92. Correction: 9 Defs arrested. June 8, 1965: 8 Defs convicted; Def Thompson: 15 days for displaying obscene matter; consecutive 15 days for disturbing the peace; others: disturbing the peace; Def Goldberg (FSM leader, see Savio, 24.37), 30 days; all Stayed pending appeal. Appeal argues: matter displayed did not appeal to morbid interest, taken as whole had redeeming social importance, peace not disturbed, no clear and present danger.

Additional counsel: John D. George and Vernon Moore, Esqs., 1330 Broadway, Oakland.

52.79. Illinois v Sikora (Chicago) (Ill Sup Ct) (204 NE2d 768) Facts: X DOCKET 92. March 17, 1965: petition for rehearing denied.

Paul C. Ross, Esq., 188 W. Randolph St., and Michael Brodkin, Esq., 134 N LaSalle St., both of Chicago.

52.80. New York v Appelbaum (NY Ct of App) Minor sent by adult to buy "girlie" magazine to entrap Def; arrested under NY Pen Law §484(h); convicted. App Term, 1st Dept reversed: section unconstitutionally vague, citing Bookcase, 52.62, 14 NY2d 409. State's appeal pending.

Osmond Fraenkel, Esq., 120 Broadway, NYC.

52.81. New York v Nuchims (NYC Sup Ct) Feb 3, 1965: Artist arrested in his gallery for painting 3 obscene pictures of parts of female anatomy. Def asked jury trial on issue of obscenity. Apr 26: Judge, withholding judgment on whether entire prosecution violates 1st amendment, ordered jury trial (rarity in New York obscenity cases); stated "This is the first instance which has come to the court's attention where the artist who created the alleged offensive paintings has been charged with a crime."

M. Ronald Gould, Esq., NYC.

52.82. Stone v District of Columbia (CA DC) Def read own poetry in coffee house; arrested: profanity, obscenity, disorderly conduct; convicted. Feb, 1965: CA DC granted appeal; pending.

Michael D. Padnos, Esq.

53. Against Defamation (see also 61)

53.6. Garrison v Louisiana (USSC) Facts: X DOCKET 8, 92. Cite: 379 US 64.
53.8. Ashton v Kentucky (USSC) Facts: X DOCKET 8, 92. June 18, 1965: Ky Ct of App (4-3) affirmed: Def's malice could be proved by circumstantial evidence; NY Times v Sullivan, 61.9, 376 US 254, requires establishment of actual malice but sets no standards re sufficiency of proof. Petition for cert pending.
53.9. California v Capell, Krause, Clemons and Fergus (Los Angeles Super Ct) March 17, 1965: Co grand jury indicted Defs: conspiring to circulate affidavit falsely charging Sen Kuchel (R-Cal) with morals offense. May-June: Def, former police officer, pleaded guilty to "wilfully using another man's name in manner affecting his moral reputation"; 2 other Defs pleaded no contest; all publicly apologized.
54. Against Sedition, Criminal Anarchy (see also 241-44)
List: State statutes re sedition, treason, subversive activities, and Communist control acts. CIVIL RIGHTS HANDBOOK, p 147o.
54.4. Louisiana v Zellner, McDew (Baton Rouge Ct) Facts: VII DOCKET 38, 71. 1962: Defs, SNCC leaders, tried to visit Def-Diamond, 54.2, in jail, brought him integration literature: arrested: criminal anarchy for advocating opposition to state of La. June 30, 1965: Defs petitioned for nolle proseque: DA had not pressed charges for 3 yrs. Case dismissed; bail money returned.

Murphy Bell, Esq., 971 South 13th Street, Baton Rouge.

54.7b. Georgia v Wells, Harris (Dougherty Co Super Ct) Facts: X DOCKET 9, 92. Judge and Solicitor agreed not to try case until 54.7c finally determined.
54.7c. Wells v Hand (Albany, Ga) (USSC) (238 F Supp 779) Facts: X DOCKET 9, 92. Appeal pending.
54.9. New York v Epton (NY Sup Ct, 1st Jud Dist) Facts: X DOCKET 9, 92. Pending.

Frank Donner, Esq., The Epton case: Southern justice in New York. 24 The Guild Practitioner, 1-9 (Winter 1965), Box 673, Berkeley, Calif.

And see Re Gilligan, 304.61, McAdoo, 333.20.

54.10. Pennsylvania v Hassan (Philadelphia) (Super Ct) Facts: X DOCKET 92. Super Ct denied appeal.
54.12. US v Bowe (CA 2) Jan 1965: Four Defs and undercover police agent allegedly planned to deface national monuments, including Statue of Liberty and Washington Monument, by use of explosives. Spring 1965: One Def pleaded guilty; others convicted. Appeal to CA 2; issues: entrapment; racial prejudice in jury selection, racial hostility in trial. Pending.

Len Holt, Esq., 250 Nicholson NE Washington D.C.; Mark Lane, Esq., 415 Lexington Ave., NYC.

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55. Against Picketing, Leafleting, Demonstrating (see also 51, 123, 541, 542, 551, 552)
Form: Motion to dismiss indictments in Southern breach of the peace cases, by William B. Murrish and Mayer B. Frieden. CIVIL RIGHTS HANDBOOK pp 75-89.

Note: All cases in this category will be listed by states hereafter. All cases reported previously have been renumbered.


55.Ala.4f. Carter, Webster v City of Birmingham (Ala Ct of App, 6th Div # #161, 7) Correction: 171 So2d 100, 107. Facts: X DOCKET 12, 93, at 55.77f.
55.Ala.4g. Clemons, Thomas v City of Birmingham (Ala Sup Ct) X DOCKET 12, at 55.77g. Jan 21, 1965: Thomas—Ala Sup Ct denied cert: 171 So2d 85; Jan 7, 1965: Clemons—Ala Sup Ct denied cert: 171 So2d 456.
55.Ala.4j. City of Birmingham v L Middlebrooks (USSC) (170 So2d 424, 427, 1964-5) Facts: X DOCKET 94, at 55.77j.
55.Cal.7. California v Stern, Goines (Oakland) (Muni Ct) Facts: X DOCKET 94, at 55.91. On day set for trial, DA moved to dismiss as to all Defs: since demonstrations had ceased, no longer in public interest to prosecute; motion granted; Defs required to sign waivers of right to bring civil actions for damages; case closed.
55.DC.5. District of Columbia v Defs (Ct of Gen Sess) Mar 11, 1965: 7 Defs arrested while sitting-in at White House to protest events in Selma. June 22: Trial Ct found Defs guilty; 180 days; appeal bond: $300 each. Pending.
55.Fla.2aa. St Augustine v Neely (Fla Sup Ct) Facts: X DOCKET 13, at 55.89. 34 Defs convicted on charges growing out of June-July 1964 demonstrations: holding public meeting in "Old Slave Market," littering, unlawful picketing. Cir Ct dismissed Def's appeal. Dec 22, 1964: Sup Ct reversed dismissal of appeal; pending.

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

55.Ga.35. US v Rabinowitz (CA 5) Facts: X DOCKET 11. Pending.

Sam Rosenwein, Historic role of grand juries. 24 The Guild Practitioner 21-28 (Winter 1965), Box 673, Berkeley, Calif.

55.Ill.. See Chicago NAACP, 522.Ill.1b.
55.Mich.3. Michigan v Barnard (Ann Arbor) (CA 6) Facts: X DOCKET 95, at 55.99. See removal status, at 73., X DOCKET 140.

Eddie D. Smith, Esq., 1346 Broadway, and Sol Plofkin, Esq., 4762 Second Blvd., both of Detroit.

James Lafferty, Esq., for amicus Natl Lawyers Guild, 1509 Cadillac Tower, Detroit.

55.Miss.3. Calhoun v City of Meridian (formerly Allen, Rembert v) (SD Miss, # #5168-5192; CA 5) Facts: X DOCKET 12, 94, at 55.81. CA 5 stayed DC remand order, pending appeal.
55.Miss.5. Carmichael v City of Greenwood (CA 5, #22289) Facts: X DOCKET 13, 94 at 55.83. CA 5 stayed DC remand order, pending appeal.
55.Miss.5a. Peacock v City of Greenwood (formerly Albertz v) (CA 5, #21655) Facts: X DOCKET 13, 94, at 55.83a. See report at 73. on removal aspect, X DOCKET 140.
55.Miss.5aa. City of Greenwood v Weathers, Cole, Brooks (CA 5) Facts: X DOCKET 13, 94.*

George W. Crockett, Jr., Jerry S. McCroskey, William Rossmoore, Esqs., Natl. Lawyers Guild, 507½ N. Farish, Jackson; L. H. Rosenthal, Esq., 406 Medical Bldg., Jackson.

55.Miss.6. City of Drew v McNair (CA 5, ND Miss, #22288) Facts: X DOCKET 13, at 55.84. Pending.

George Crockett, Jr., Esq., 507½ N. Farish, Jackson and Benjamin Smith, 305 Baronne, New Orleans, Natl Lawyers Guild; L. H. Rosenthal, Esq., 406 Medical Bldg., and Henry Aronson, Esq., 538½ N. Farish, Jackson, for LCDC.

55.Miss.6b. Burns v Williford (Drew) (ND Miss, Greenville Div) Facts: X DOCKET 13, at 55.84b. Aug 1964: City officials agreed to withdraw proclamation; suit dismissed by Pl.
55.Miss.7. Cameron v Johnson (USSC, #587 Misc) (— U S—) Facts: X DOCKET 13, 94, at 55.85. Pickets arrested: Miss Laws 1964, House Bill 546—forbidding picketing so as to obstruct ingress and egress from public premises. Defs sued in DC to enjoin Governor, state officials from enforcing Act; DC (2-1) after hearing, denied relief, dismd. June 7, 1965: USSC granted leave to proceed in forma pauperis, per curiam (6-3) vacated and remanded for consideration in light of Dombrowski, 245.16d, 380 US 479, with DC considering whether 28 USC §2283 bars fedl injunction. Black, J (Harlan, Stewart, JJ); White, J diss.
55.Miss.9a. Mississippi v Hartfield, Anderson (Hattiesburg) (CA 5, # #21811, 21813) Apr 1964: 18 and 44 persons arrested under anti-picketing act, HB 546. Defs removed to SD Miss; remanded without hearing. CA 5 granted stay of remand, pending appeal.

Smith, Waltzer, Jones and Peebles, Esqs., 305 Baronne St., New Orleans.

55.Miss.11. Collins v City of Jackson (SD Miss, #21538) 13 ministers and theological students, racially mixed, arrested for disturbing public worship (Miss Code, §2009), trespass (§2406). Removed, see 55.Miss.11 at 73, X DOCKET 140.

Smith, Waltzer, Jones and Peebles, Esqs. 305 Baronne St., New Orleans.

55.NY.6. New York v Turner (USSC, #812 Misc) (252 NYS2d 248) Facts: X DOCKET 94, at 55.94. Mar 1, 1965: USSC denied cert.
55.NY.9. New York v Johnson, Galamison (NYC Sup Ct) Facts: X DOCKET 95, at 55.100. May 10, 1965: Sup Ct ruled: Family Ct lacked jurisdiction to try 56 demonstrators on criminal charges; May 21: DA argued proper jurisdiction.
55.NY.10. New York v 18 CORE Defs (NYC Ct) Nov. 7, 1964: Defs arrested during picket of bus depot in protest of alleged violation by Trailways of failure to carry out equal opportunities agreement made in 1963. Charge: disorderly conduct. Pending.
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55.Pa.. See Girard College, 522.Pa.1a.
55.Tenn.2. Bacon v Tennessee (Tenn Sup Ct) (385 SW2d 107) Sept 1963: White-Def attempted to eat with Negro companions; restaurant owner objected; Def arrested: assault and battery. Convicted: 15 days, $25. Appeal: trial ct refused compulsory process on 8 witnesses (city officials). Dec. 11, 1964: Tenn Sup Ct aff'd: witnesses denied knowledge of facts, Def failed to inform judge of nature of testimony expected; struck sentence: Defs removed from state.
55.Va.3. Griffin v Hay (ED Va, Richmond Div, #4094) (10 RRLR 111) Aug 1963: Pls arrested during demonstrations. Pending trial, Def-Judge ordered: juvenile Pls refrain from any form of public demonstration or public activities. Aug 1964: learning of planned demonstrations, Def enjoined adult Pls from encouraging juveniles to participate in unlawful demonstration. Pls sued in federal court to enjoin state prosecution. Feb 9 1965: DC held: DC could not enjoin pending state ct proceedings; since no prosecutions yet taken under injunctions, DC did enjoin future prosecution for their violation: denial of free speech; cases pending for so long caused them to be invalid for vagueness; declined to enjoin future arrests under ordinances; adequate remedy in raising defenses in state court proceedings.
56. Against and Concerning Minors (incl Contributing to Delinqueney) (see also 430, 560)
Periodical: Journal of Am Society to Defend Children, 653 Mangels Ave, San Francisco.
56.16. California v Comfort (Oakland Muni Ct, #6704) Feb 19, 1965: Def arrested for contributing to delinquency of minors (Pen C §272) for encouraging demonstration during school by high school students at courthouse to protest alleged police brutality. Convicted after jury trial: 30 days plus probation.

John George, Esq., 1330 Broadway, Oakland.

And see Griffin, 55.Va.3.

57. Against Vagrancy

57.14. Hicks v Dist of Columbia (USSC, #867) Facts: X DOCKET 96.

Lawrence Speiser, Esq., ACLU, 1101 Vermont, Washington, DC.

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

58.12. Georgia v Rev A. Jones (USSC, #506) Facts: X DOCKET 13, 96. Mar 29, 1965: Def began serving sentence. Apr 19: Def appealed for pardon: May 1: Def began fasting. May 25, 1965: Def released, $1000 fine cancelled by Writ of Executive Clemency.
58.15. California v Hallinan (San Francisco Muni Ct, #H 65768 et al) Facts: X DOCKET 15, 96.

San Francisco Guild Chapter, San Francisco sit-in trials. 24 The Guild Practitioner 10-15 (Winter 1965), Box 673, Berkeley, Calif.

58.21. Georgia v Rachel; Georgia v Tuttle (CA 5) Facts: X DOCKET 16, 96. Cite: 342 F2d 336.
58.26. Parrot v City of Tallahassee (USSC) (— US —) Facts: X DOCKET 17, 96. Fla Cir Ct affd. USSC granted cert. May 3, 1965: USSC reversed (unan), per curiam, citing Robinson v Florida, 552.Fla.4, 378 US 153; Resp claims Def failed to obtain certification of Cir Ct record; Def tried to correct this nonjurisdictional defect when notified of it, but Fla ct dismissed nonetheless; held this procedural ground not adequate to bar USSC review.
58.31. California v Minkin, Hoefer, Hirsch (Los Angeles) (Super Ct, App Dept, # #6159-6161) Facts: X DOCKET 17, 96. June 3, 1965: App Dept reversed: (1) LAMC §57.110.11 (c), first sentence unconstitutionally broad, loosely drawn at total prohibition of standing in aisles and passageways; (2) some Defs did not testify; ct instructed jury (CALJIC Inst 51) it could draw negative inference; this is error Griffin v Calif, 333.22, 380 US 609; (3) some Defs, just sentenced for similar offense in another ctrm, brought to trial in chains observed by prospective jurors; motion for mistrial should have been granted.
58.34. New York v Lawson (NY Ct of App) (38 Misc2d 611, revd 44 Misc2d 578, affd 16 NY2d 552) Facts: X DOCKET 97. May 20, 1965: Ct of App affirmed reversal of conviction.

Sutton and Sutton, Esqs., 135 W. 125th, NYC.

58.35. New York v Day (Syracuse) (NY Sup Ct, 5th Jud Dist, Indictment #65-167) Facts: X DOCKET 97. Def Day indicted on 4 counts of assault, 2d degree; pleaded not guilty. Def's motion pending in DC.

Faith Seidenberg, Esq., State Tower Bldg., Syracuse.

58.40. Georgia v Mack (Savannah) (Ga Sup Ct) Facts: X DOCKET 97. Rehearing denied. Cite: 139 SE2d 286.
58.43. City of Selma v Bennett (SD Ala, #3568-65) Facts: X DOCKET 97. Dismissed on authority of Rachel v Georgia, 58.21, 342 F2d 336, no decision on motion to remand.
58.45. Blow v North Carolina (Halifax Co) (USSC) Facts: X DOCKET 97. Cite: 379 US 684.
58.46. Mississippi v Dilworth (Aberdeen) (Justice of Peace Ct) Sept 5, 1964: 18 Negroes sought service at Tom's Restaurant under 1964 Civil Rights Act; waitress offered service in segregated area; Defs refused, stayed, arrested: trespass (Miss C §2087.5). Sept 22: Defs sued sheriff, judge, et al, in fedl DC. Parties agreed prosecution to be withheld pending DC decision.

And see Dilworth, 63.32.

59. Against Miscellaneous Criminal Activities

59.27a. Mississippi v Aaron Henry (USSC) Facts: X DOCKET 18, 97. Cite: 379 US 443.
59.35a. Alabama v Eddie Allen (Selma) (SD Ala, #3385-64) (10 RRLR 234) Facts: X DOCKET 19, 98. Apr 16, 1965: DC granted motion to remand only as to lesser charges found not removable.
59.36. Mississippi v Brown (ND Miss, #WCR 6417) Facts: X DOCKET 19. Pending.

L. H. Rosenthal, Esq., 406 Medical Bldg., 518 E. Capitol St., Jackson.

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59.42. Harvey v Mississippi (Leake Co) (CA 5) Facts: X DOCKET 98. Cite: 340 F2d 263 (Jan 1965).
59.46. New Jersey v Hayden (Newark Magis Ct) Facts: X DOCKET 98. On trial of 2d Newark Community Union Project worker, complaint dismissed on ct's finding Def not person responsible.

And see poor people's housing cases, 423.

59.48. Newton, Ga v Templeton, Sherrod, Jones (MD Ga, Albany Div) Jy 17, 1965: Def joined in demonstration to petition Newton police chief; photo taken of action; chief demanded camera, which was passed to Def, who refused to surrender it. Arrested: refusal to obey officer. When 3 asked if Def under arrest, arrested: interfering with and resisting arrest. Petitions for removal from City Police Ct filed.

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

60. Civil Sanctions (and Contempt Charges)
UN DECLARATION OF HUMAN RIGHTS: Art 12
61. Against Defamation, Libel, Slander (see also 53)

61.18d. Pauling v St Louis Globe-Democrat (ED Mo, E Div) Facts: X DOCKET 20. Appeal to CA 8 pending.
61.23. Collins and Pearson v Henry (USSC # #89, 90) Facts: X DOCKET 20, 99. Cite: 380 US 356.
61.27. Dan Smoot v League of Women Voters (Grand Traverse) (CA 6) (340 F2d 301)*
61.29. Gen Walker v Associated Press, Inc (Fort Worth) (17th Dist Ct, #31741-C) Facts: X DOCKET 99. Jury verdict for Pl: $500,000 actual and $300,000 punitive damages. Appeal to Ct of Civ App pending.

J. A. Gooch, Esq., 1st Natl Bank Bldg, Fort Worth.

62. By Injunction in Labor Disputes
UN DECLARATION OF HUMAN RIGHTS: Art 23 (4)
62.1. Schwartz-Torrance Investment Corp v Bakery & Confectinary Workers Union (Los Angeles) (USSC #722) (85 S Ct 888) Facts: X DOCKET 99. USSC denied cert.
63. By Injunction in Racial Situations (see also 40s, 550s)
Forms: Motion to vacate temporary injunction, affidavit, memo of law, by Victor Rabinowitz. CIVIL RIGHTS HANDBOOK pp 131-138.
63.22a. California v Brown (San Diego) (Super Ct, App Dept) Facts: X DOCKET 22, 100. Apr 23, 1965: App Dept affirmed convictions under Pen C §602 (j), reversed those under §602 (i), which did not make illegal act of remaining on another's property after legally entering. Jy 26: After rehearing, affirmed prior decisions; held DA's comment on Def's failure to testify not prejudicial error.
63.28. Boynton v Clark (Selma) (SD Ala, N Div, #3559-65) (10 RRLR 215) Facts: X DOCKET 100. Apr 10, 1965: DC ordered Co Sheriff to disband civilian posse; enjoined Co officials from further interference with civil rights activities.

Peter Hall, Esq., 1630-4th Ave. N, Birmingham; NAACP Inc. Fund, 10 Columbus Circle, NYC.

63.28a. M L King v Baker (Selma) (SD Ala #3572-65) Facts: X DOCKET 100.

Peter Hall, Esq., 1630-4th Ave. N, Birmingham; NAACP Inc. Fund, 10 Columbus Circle, NYC.

63.30. NAACP and Safeway Trails, Inc v CORE (formerly listed as Safeway Trails v) (Philadelphia) (Ct of Common Pleas No 2, #1576) Facts: X DOCKET 100. Apr 22, 1965: Temporary injunction dissolved following agreement that Safeway Trails supply CORE with information as to Negro employees. Apr 30: Action discontinued.

And see cases at 570s.

63.31. Hicks v Knight (Bogalusa) (ED La, New Orleans Div) Summer 1965: Pl sought injuction ordering police to protect civil rights demonstrators during demonstrations. DC granted temporary injunction.

Robert Collins, Nils Douglas, Esqs., 2211 Dryades St., New Orleans.

63.32. Dilworth v Riner (Miss.) (CA 5, #22008) (343 F2d 226) Sept 22, 1964: Defs in 58.46, X DOCKET 138, brought suit in DC against restaurant owner, chief of police, state ct judge, DA for temporary restraining order. DC denied order. March 18, 1965: CA 5 reversed and remanded: order appealable because it had issued after adversary hearing and was in substance denial of preliminary injunction; denial would result in immediate trial in state ct which would destroy rights asserted in fedl action under 1964 Civil Rights Act that allows enjoining of state ct proceedings without exhaustion of state remedies.
63.33. In re King (Camden, Ala) (Wilcox Co Cir Ct) April 1965: Negroes attempted to register at courthouse; police halted marches, referred Negroes to old jail where separate registration facilities located. April 19: Co Ct issued injunction restricting demonstrations by prohibited civil rights leaders from going onto school grounds and enlisting pupils; served on Rev King on his arrival in Co. Pending.

And see Chicago NAACP, 522.Ill.1b.

64. Against Miscellaneous Activities

64.6. Faneca v US (USSC) Facts: X DOCKET 23, 100. Apr 26, 1965: USSC denied cert, 85 S Ct 1327.
64.7. Alabama v Mills (Birmingham) (Ala Sup Ct, 6th Div, #950) Facts: X DOCKET 100. Apr 12, 1965: Ala Sup Ct upheld constitutionality of Tit 17, §285, election statute; remanded for trial.
70. Procedural Problems
Practice tips: Osmond K. Fraenkel, Procedural pitfalls in civil liberties cases. CIVIL RIGHTS HANDBOOK pp 31-40.

Analysis: Creative legal thinking under pressure. CIVIL RIGHTS HANDBOOK pp 44a-44h. And see discussion of lead ideas in constitutional litigation, pp 75-89.

71. In Alleging Standing to Sue
See Blauvelt, 512.Ala.8.
- 140 -

72. In Raising and Preserving Constitutional Questions
73. In Removing From State to Federal Courts
Forms: All forms necessary in removal of state criminal cases, from petition through appeal from remand order, plus sample briefs, by Arthur Kinoy, Anthony Amsterdam, Claudia Shropshire. CIVIL RIGHTS HANDBOOK 72a-72ii.

And see Chicago NAACP, 522.Ill.1b.


51.La.2b. Cox v Louisiana (CA 5, #22,657) See X DOCKET 135.
51.Miss.5. City of Clarksdale v Gertge (ND Miss, Delta Div, #DCR6448) (237 F Supp 213) Facts: X DOCKET 135. Dec 23, 1964: DC remanded Def's §1443 petition: (1) assuming Def's allegations are true, no basis for removal under §1443(1) if: arrested for harassment, ordinance not discriminatory, local counsel can't be retained, ctrm segregated by custom, Negroes can't vote or serve on juries and bond in civil rts cases excessive but not by statute; (2) exercise of rights created by fedl law no basis for removal under §1443(2) when state law violated and Petr not acting in official capacity.

And see 55.Miss.9a, 59,35a, X DOCKET 137, 138.

51.Pa.1. Anderson v City of Chester (USSC, #443) Facts: X DOCKET 5, 90, at 51.49. CA 3 affirmed remand. Petition for cert pending.
55.Mich.3. Michigan v Barnard (CA 6) Facts: X DOCKET 95, at 55.99. Mar 16, 1965: DC granted DA's motion to remand removal petition under 28 USC §1443(2): resistance to unlawful arrest is common law, not statutory or constitutional, right; therefore Defs not acting under law providing for equal rights; DC considered § to apply to acts of private persons not acting in any official capacity; reasonable reliance on law providing for equal rights construed to be within meaning of "color of authority." Appeal pending.
55.Miss.5a. Peacock v City of Greenwood (CA 5, #21655) Facts: X DOCKET 13, 94, at 55.83a. DC remanded without hearing. June 22, 1965: CA 5 reversed: "We . . . hold that a good claim for removal under §1443(1) is stated by allegations that a state statute has been applied prior to trial so as to deprive an accused of his equal civil rights in that the arrest and charge under the statute were effected for reasons of racial discrimination . . ."; remanded for hearing on allegations in removal petition.
55.Miss.11. Collins v City of Jackson (SD Miss, #21538) Facts: X DOCKET 137. Defs removed; DC held h'g: remanded. CA 5 granted stay pending appeal. Defs argue: attending church is constitutionally-protected activity, cannot be excluded on basis of race; §1443 includes due process and all 1st Amdt freedoms in "any law providing for the equal civil rights." Pending.
59.48. City of Newton v Templeton (MD Ga) Facts: X DOCKET 138, at 59.48. Removal petition alleges denial of Def's constitutional rights and inability to get a fair trial because: the Police Ct is segregated, Negro witnesses and attorneys are addressed by their first names, injury has been threatened, Negroes are unable to vote for City judges, statements by the Mayor-Judge prejudicial to Defs, and hostility to Defs in the community, under 18 USC §1443 (1) and (2). Pending.

C. B. King, Dennis Roberts, Esqs., Box 1024, Albany, Ga.

90. Miscellaneous Freedom of Thought

90.5. District of Columbia v Plummer (Dist of Columbia Ct of Genl Sess) Def, taxicab driver arrested: placing political stickers on cab. Pending.

M. Michael Cramer, Esq.

FREEDOM OF RELIGION (100-199)
UN DECLARATION OF HUMAN RIGHTS: Art 18
110. Separation of Church and State
111. In Education

111.1. Lewis v Allen, NY Commr of Educ (USSC) (200 NE2d 767, cd 85 S Ct 279) Facts: X DOCKET 101. Nov. 23, 1964: USSC denied cert.
111.23. Polster v Centennial Jt School Bd, Bucks Co (Pa Sup Ct) Pl challenged constitutionality of distribution of Gideon Bibles to public school children. Ct of Com Pleas: held for Pl. Def's appeal pending.

Samuel Snipes, Esq., 19 S Main, Yardley, Pa.

111.32. Ames v Bd of Educ (Santa Barbara Super Ct) Facts: X DOCKET 101. Apr 30, 1965: Super Ct ordered writ of mandamus: held Def may not force students to recite Pledge of Allegiance under freedom of religion and freedom of speech guarantees in 1st Amdt.
112. In Public Places
120. Conscientious Objection to War (see also 356)
And see Otsuka, 502.Calif.3.
121. Through Application for C.O. Status

121.31. US v Peter (USSC)

and

121.32. US v Seeger (USSC)

and

121.33. US v Jakobson (USSC) Facts: X DOCKET 26-7, 102. Cite: 380 US 163.
121.37. US v Lawson (CA 3; USSC) (337 F2d 800; cd 85 S Ct 913) Facts: X DOCKET 102. Mar 1965: USSC denied cert.

Hiram Elfenbein, Esq., Montague, N.J.

121.39. US v Fleming (CA 10) Facts: X DOCKET 102. Apr 30, 1965: CA reversed conviction on test of Seeger, 121.32; found Def's beliefs influenced by religious training: "As we read the Seeger case, it clearly lays down the rule that before a conscientious objector classification may be denied on the ground that the applicant's beliefs are based upon 'political, sociological or philosophical views or a merely personal moral code,' those factors must be the sole basis of his claim for the classification."
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122. Through Refusal to Register

122.35. US v Goddard (St. Louis) (ED Mo), Facts: X DOCKET 102.

Correction: July 6, 1964: Def waived appointment of counsel, pleaded guilty of failure to report for induction, 50 App USC, §462; Def also refused to carry draft card or use wife and child to avoid conscription. Sentence: 5 yrs.

122.36. US v Rodd (WD Pa, #Crim 64-135) Facts: X DOCKET 102. Sept 18, 1964: Def released to Am Friends Service Comm, for 2 yrs, or more, of probation, fare paid to Phila.

Marjorie H. Matson, Esq., 1706 Law & Finance Bldg., Pittsburgh.

122.37. US v Irons (CA 6) Facts: X DOCKET 102. Def convicted; appeal pending.

Morse Johnson, Esq., 921 Dixie Terminal Bldg.; Thos Luken, Esq., 1003 First Natl Bank Bldg., both of Cincinnati.

123. Through Civil Disobedience

123.29. US Army v Steinke (Ct Martial) Jan 1965: Lt. refused to go to Vietnam stating that war is not worth one American life. June 25: Army court-martial found Def guilty of refusing to join Special Forces counter-guerilla unit.
130. Denial of Tax Exemption to Institutions (see also 202, 266)
140. Sunday Closing Laws

140.32. New York v Paine Drug Co (NY Sup Ct, App Div) (254 NYS2d 492) Fall 1964: Trial Ct found prosecution for Sabbath breaking initiated solely for economic reasons, "public authorities" became agents of merchants' group "chargeable with that group's discriminatory design," dismissed indictment. Dec 3, 1964: Sup Ct reversed dismissal. Apr 22, 1965: Ct of App affirmed without opinion.

Keenan, Carroll, Harris, Creary & Beck, Esqs., 226 Powers Bldg., Rochester.

140.33. New York v Corpora (NY Ct of App) Def convicted of failure to observe Blue Laws by keeping bookstore open on Sun., observing no Sabbath. Ct of App affirmed. USSC dismissed appeal.

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

150. Miscellaneous Restrictions
151. In Prisons

151.5. SaMarion v McGinnis (Attica State Prison) (USSC, #594) (334 F2d 906) Facts: X DOCKET 27, 103. Cite for cd: 379 US 950.
151.5a. Pl v McGinnis (Attica State Prison) (Wyoming Co Sup Ct) Mar 1965: after trial, Ct allowed prisoners Muslim worship under close supervision.

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

151.6. Cooper v Pate (ND Ill) Facts: X DOCKET 27. June 1965: DC held: Def entitled to use of Koran, consultation with Muslim ministers, right to worship with other Muslims; not entitled to access to Muslim and Arabic periodicals and books, or release from segregation on grounds of religious discrimination.
151.8. Desmond v Blackwell (CA 3) (235 F Supp 246) Facts: X DOCKET 103. Appeal pending from denial of habeas petition.

John P. Campana, Esq., 36 W. Willow St., Williamsport, Pa.

151.11. Cooke v Tramburg (NJ Sup Ct) Facts: X DOCKET 103. Cite: 205 A2d 889.
152. In Other Places

152.10. Tygot v Torres (NY Sup Ct, Kings Ct) April 15, 1965: Pl-doctor requested Ct approval of blood transfusion for 5 yr old girl critically burned; Def-parents, Jehovah's Witnesses, protested on religious grounds. Sup Ct awarded hospital custody of child; granted permission.
FREEDOM OF ASSOCIATION: AFFECTING THE ORGANIZATION (200-239)
200. Organizational Privileges Challenged
201. As to Meetings (see also 11, 63)
202. As to Tax Exemption (see also 130, 266)
And see Girard College, 522.Pa.1a.
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

211.1d-1m. Albertson and Proctor v SACB (USSC, #265) Facts: X DOCKET 27, 103. May 17, 1965: USSC granted cert petitions of both Resps. Oct 1965: argument.

Amicus brief by Ernest Goodman and Laurent Frantz, Esq., for Natl Lawyers Guild, Cadillac Tower, Detroit.

211.9. Am Comm for Protection of Foreign Born v SACB (USSC, #44) (380 US 503) Facts: X DOCKET 28. Apr 26, 1965: USSC (5-3) vacated and remanded, per curiam: Bd's finding that Pet is "Communist front" based primarily on evidence at hearing ended in 1955, mainly that Pet's executive director was Comm Party member; he died in 1959; Bd made no findings re Pet's activities thereafter; held record should be brought up to date since registration order operates prospectively, "it is apparent that reasonably current aid and control must be established to justify a registration order." Douglas, J (Black, Harlan, JJ) diss: "The case is very much alive; and the record is by no means stale. We should face up to the serious issues presented and in no way affected by Abner Green's death"; Pet had opportunity to, but did not contend it has changed since 1959. Black, J, diss: SAC Act violates Constitution and Bill of Rights: is bill of attainder, "imposes cruel, unusual and savage punishments for thought, speech, writing, petition and assembly; and that it stigmatizes people for their beliefs, associations and views about politics, law, and govt. The Act has borrowed the worst features of old laws intended to put shackles on the minds and bodies of men, to make them confess to crime, to make them miserable while in this country, and to make it a crime even to attempt to get out of it. It is difficult to find laws more thought-stifling than this one even in countries considered the most benighted." USSC should hear case now and hold Act unconstitutional.
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211.13. Veterans of Abraham Lincoln Brigade v SACB (USSC, #65) (331 F2d 64, 380 US 513) Facts: X DOCKET 29. Apr 26, 1965: USSC (5-3) vacated and remanded, per curiam: "the order to register was based almost exclusively on events before 1950, and very largely on events before 1940"; h'gs concluded in 1954; held record too stale. Douglas, J (Black, Harlan, JJ) diss. Black, J diss—see Am Comm, 211.9.

Nov 23, 1964: USSC denied ACLU leave to present oral argument as amicus.

212. Under 1954 Communist Control Act
213. Under State Laws (see also 204, 245)
220. Listing
And see 252.64, 22.15-22.18.
221. By the Attorney General of the United States
See Atty Genl's citation of US Sup Ct decision on unconstitutionality of Atty Gen'l's list in his USSC brief, Am Comm v SACB, 211.9.
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) (97 P2d 944)*
FREEDOM OF ASSOCIATION: AFFECTING THE MEMBERS (240-294)
UN DECLARATION OF HUMAN RIGHTS: Art 20
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)

244.1. US v Brown (USSC) (— US —) Facts: X DOCKET 29. June 7, 1965: USSC affirmed (5-4), Warren, CJ: (1) §504 is void as a bill of attainder prohibited by US Const, Art I, §9; history shows clause "intended not as a narrow, technical prohibition, but ... as an implementation of the separation of powers, a general safeguard against ... trial by legislature" and "legislative punishment, of any form or severity, of specifically designated persons or groups," citing Ogden, 6 L Ed 606, Cummings and Garland, 18 L Ed 356, 366, Lovett, 328 US 303. (2) it is a fallacy "that membership in the Communist Party, ... can be regarded as an alternative, but equivalent, expression for a list of undersirable characteristics." (3) "This case is not necessarily controlled by Douds," 339 US 382. White, Clark, Harlan, Stewart, JJ, diss.
245. Under State Laws (see also 54)

245.15. Indiana v Levitt, Bingham, Morgan (SD Ind) Facts: X DOCKET 30, 104. Appeal pending in 3-judge fedl ct.
245.16d. Dombrowski v Pfister (SD La) (227 F Supp 556, 380 US 479) Facts: X DOCKET 30, 104. Sept 1965: hearing before 3-judge fedl ct.
245.17. Stanford v Texas (USSC, #40) Facts: X DOCKET 31, 104. Cite: 379 US 476.
246. Under 1950 Internal Security (McCarran) Act

246.1. US v Robels (WD Wash #50676) Facts: X DOCKET 31. Decision pending on Def's motion to dismiss following USSC decision in Brown, 244.1.
250. Civil Disabilities for Membership: Federal
251. In Federal Employment (see also 30, 268)

251.15. Dew v Halaby (USSC) Facts: X DOCKET 31. Dec 17, 1964: USSC dismissed under Rule 60.
251.53. In re Loletta Leary (Bd of App & Rev, US Civil Serv Comm) Facts: X DOCKET 31. Decision pending on request for reconsideration in light of Garrott, 251.52, 340 F2d 615.
252. As to Passport Applications and Right to Travel
UN DECLARATION OF HUMAN RIGHTS: Art 13(1)
252.35. Zemel v Rusk and Kennedy (USSC) (381 US 1) Facts: X DOCKET 31, 104. May 3, 1965: USSC affirmed (6-3), Warren, CJ: (1) 3-judge fedl ct properly convened: litigant need not abandon nonconstitutional arguments to obtain such ct; Pl questioned constitutionality of 1926 Passport Act, Imm Act of 1952, §215; (2) 1926 Act embodies (unwritten) grant of authority to Pres to refuse to validate passports of US citizens to certain areas, citing many instances of area restrictions before and after 1926; (3) Secy of State "has justifiably concluded that travel to Cuba by Amer citizens might involve the nation in dangerous intl incidents"; (4) rt to travel to Cuba not 1st Amdt right; "right to speak and publish does not carry with it the understrained right to gather information"; (5) adequate standard provided in 1926 Act because Congress must give Pres broader authority in int'l relations. Black, J, diss: Pres has no power to legislate, by regulations or otherwise, nor can Congress give him, or Secy of State, such undefined power over passport issuance. Douglas (Goldberg) JJ, diss: "the only so-called danger present here is the Communist regime in Cuba. The world, however, is filled with Communist thought; ... if we are to know ... and understand them, we must mingle with them ...." Goldberg, J, diss: "Congress has power to impose area restrictions on travel, consistent with constitutional guarantees"; Congress has not exercised that power; Pres does not have inherent power to impose such restrictions in time of peace, see legislative and administrative history cited.
- 143 -

252.60. US v Druckman (ND Calif) Facts: X DOCKET 32. June 11, 1965: Both counts dismissed pursuant to Aptheker, 252.34, 378 US 500.
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, 105. Apr 14, 1965: DC granted Pl's motion for summary judgment: US not "at war" in Korea in 1950's. Jy 13: Gov't's notice of appeal filed.
255. As to Social Security Benefits (see also 263, 346)
256. In Housing Projects
257. As to Federal License Applications
And see Matter of WLBT, 553.Miss.4.
258. Through Deportation Proceedings (see also 358)
UN DECLARATION OF HUMAN RIGHTS: Art 14(1)
259. Through Denaturalization and Naturalization Proceedings (see also 358)
UN DECLARATION OF HUMAN RIGHTS: Art 15(1)
260. Civil Disabilities for Membership: State, Local and Private
261. In State or Local Government Employment

261.18. Rosenfeld v Malcolm (Calif Dist Ct of App) Facts: X DOCKET 105. Spring 1965: Appeal filed on ground no gov't agency or official may use power to abridge right of association with lawful group; even temporary employee may challenge his dismissal on such grounds.

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

261.19. Gersh v Tuckahoe Village Bd (NY Sup Ct, App Div) Pl, member of Def-Bd and Village Planning Bd, charged police used "gangster", "police state" tactics to force newsstands to withdraw "girlie" paperbacks. Jan 21, 1964: Pl removed from Bds. Pl sued. May 26, 1965: Ct ordered reinstatement: (1) public officials have responsibility to speak bluntly about what they consider improper acts of other public officials; (2) even if Pl examined confiscated books without authorization, no basis for removal.
261.20. Tabor v Montgomery Co (Rockville, Md) May 1965: Pl social worker, CORE chairman, led picket line at Co office bldg protesting appointment of 2 alleged segregationists to Co Human Relations Comm. Pl fired by Welfare Dept: conduct unbecoming Co employee. Pl sues for reinstatement with back pay. Pending.

Md CLU.

261.21. In re Hannon (Los Angeles) (Police Bd of Rts) May 1965: Petr, 7 yr policeman, CORE member, participated in demonstrations against US action in Dominican. Police Dept brought charges: (1) publicly engaging in activities demeaning Pres and requiring diversion of police; (2) twice being asleep on duty. Jy 23: after h'g, Bd found Petr guilty, recommended discharge. Police Chief modified to 6 mth suspension without pay from Je 1.

Hugh Manes, Esq., 1680 N. Vine, Hollywood; A. L. Wirin, Esq., 257 S. Spring St., Los Angeles.

And see cases at 304.

262. In Teaching (see also 24, 267, 281, 342, 571)

262.12. Eglash v Detroit Institute of Technology (Mich Sup Ct, #50423) Pls, members of Am Fed Teachers, dismissed after criticizing dean of their Dept, allege union activities cause of dismissal. Wayne Co Cir Ct held for Def. Pl's appeal pending.

ACLU apperance by Bernard Gottfried, Esq., 1600 Washington Blvd Bldg, Detroit.

263. As to State Unemployment Insurance Benefits (see also 255, 346, 421, 422)
264. As to State License Applications

264.5. Morgan and Pursley v Berkeley Realty Bd (Alameda Co Super Ct) Facts: X DOCKET 33. In answering interrogatories, Def said it relied on information in "Tocsin," anti-Communist gossip weekly.
265. In Proceedings Against Attorneys and Bar Applicants (see also 345, 373)
See Smith and Waltzer, 245.16-245.16d; Holt and Dawley, 42.12.
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)
269. In Private Employment—Other

269.1. Faulk v AWARE, Inc (USSC) (200 NE2d 778, 202 NE2d 372, cd 380 US 916, 989) Facts: X DOCKET 34, 106. Mar 29, 1965: USSC denied petition for rehearing. Case closed.
270. Criminal Penalties for Nondisclosure (see also 330)
271. Before Congressional Committees (see also 222, 330)

271.12. US v Gojack (CA DC, #18, 348) Facts: X DOCKET 34. Correction: Def convicted after trial. Dec 10, 1964: Appeal argued; decision awaited.
271.50. Stamler and Hall v Willis, Ashbrook, HUAC (ND Ill, #65 C 800) May 1965: Pl Dr, director, Chicago City Health Dept Div on Adult Health, and Pl nutritionist, subpoenaed by HUAC. Pls sued for injunction and 3-judge fedl ct to hear issue of HUAC's constitutionality under 1st and 5th Amdts. May 24: DC dismissed complaint. At h'g, Pls refused to testify due to pendency of suit. Pending.

Albert E. Jenner, Jr., Esq., 135 S. LaSalle, Chicago; Arthur Kinoy, Esq., 511 Fifth Ave., NYC.

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

272.3a. Maynard v DcGregory (USSC) Facts: X DOCKET 35, 106. NH Sup Ct affirmed. Appeal to USSC pending.
273. Before Legal and Administrative Tribunals (see also 333)
274. For Refusal to Produce Records
280. Civil Penalties For Nondisclosure
281. By Teachers (see also 24, 223, 262, 342, 571)

281.16. Macks v Calif Bd of Educ (Calif Bd of Educ) Facts: X DOCKET 35, 107. Jy 8, 1965: Def again revoked Pl's credentials; judicial review again pending.
281.20a. Keyishian v Bd of Regents, State Univ of NY (WD NY) Facts: X DOCKET 107. May 3, 1965: CA 2 ruled: Pls entitled to 3-judge fedl ct. Hearing held, decision awaited.
282. By Others (see also 343, 344)
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 (and 421)
And see USSC opinions in Connecticut v Griswold, 490.6d, X DOCKET 152.

And see Parrish, 413.8.

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

Forms: New Cases, office form. CIVIL RIGHTS HANDBOOK p 10.

Interview form for clients in criminal cases. CIVIL RIGHTS HANDBOOK pp 46-46f.

300. Searches and Seizures
UN DECLARATION OF HUMAN RIGHTS: Art 12

Practical problems: Discussion and suggestions in search and seizure cases by Manuel Nestle. CIVIL RIGHTS HANDBOOK pp. 70a-70e.

301. By Electronic Eavesdropping
302. In Other Federal Criminal Cases
303. In Other State Criminal Cases

303.35. Sackler v Sackler (NY Ct of App) Facts: X DOCKET 108. Cite: 203 NE2d 481.
303.43. New York v Randazzo (USSC) (cd 85 S Ct 1810) Facts: X DOCKET 36, 108. Je 7, 1965: USSC denied cert.
303.49. Linkletter v Walker (USSC #95) (381 US 618) Facts: X DOCKET 38. June 7, 1965: USSC affirmed (7-2), Clark, J: Altho search was illegal and occurred after search in Mapp, 52.25, 367 US 643, Def's state ct conviction was made final before USSC decided Mapp, which was not retrospective. Black, Douglas, JJ, diss.
303.50. Angelet v Fay, Warden (USSC #578) (381 US 654) Facts: X DOCKET 28, 108. June 7, 1965: USSC affirmed (7-2), Clark, J: (1) based on Linkletter, 303.49; (2) exclusionary rule in Rea, 350 US 214, inapplicable here because not retrospective. Black, Douglas, JJ, diss.
303.55. New York v LaVerne (NY Ct of App) Facts: X DOCKET 108. Cite: 200 NE2d 441.
303.56. Beck v Ohio (USSC #18) Facts: X DOCKET 108. Cite: 379 US 89.
303.57. Ohio v Bernius (Ohio Sup Ct, #38588) Automobile owner entrusted auto to third person, who allowed authorities to search auto without warrant; owner did not consent. Defowner convicted as result of evidence seized in search. Dec 23, 1964: Sup Ct reversed, held search prohibited by 14th Amdt as unreasonable.

James Ostrander, Esq., Schwartz Bldg., Cincinnati.

303.58. In re Agency for Investigation and Detection (NY Sup Ct) Aug 16, 1964: Def detective agency conducted early morning raid on apartment to obtain divorce evidence; pretended to have telegram for woman tenant; once inside apartment caused commotion, assault, violated tenant's "peaceful possession of apartment." Tenant filed complaint with NY Dept of State; Dept suspended Def's license for 2 mths. June 30, 1965: Backer, J affirmed: Def's actions constituted "unreasonable search and seizure" and violation of state Civil Rights Law.

And see Parrish, 413.8.

303.59. Connecticut v Spellman (Sup Ct of Errors, #5735) (New Haven Co) Feb 17, 1963: Police saw Def take 2 bottles from trunk of car, searched, found several cases of liquor, Def arrested: sale of liquor without permit. Def pleaded not guilty; convicted: $100 and 15 days suspended or 6 mo probation. App Div affirmed. Issues on appeal: (1) conviction under statute would make possession itself illegal where no intent to sell; (2) unconstitutionally vague; (3) lack of sufficient evidence; (4) illegal search, seizure, admission of evidence.

Catherine G. Roraback, and Earl I. Williams, Esqs., New Haven, Conn.

304. Suits for False Arrest, Police Practices (see also 580, 151)
UN DECLARATION OF HUMAN RIGHTS: Art 9

Form: Complaint in false arrest suit under 42 USC §1983, by Donald P. Moore and Ernst Liebman. CIVIL RIGHTS HANDBOOK pp 252-257; with Interrogatories, by George W. Crockett, pp 258-259.

List: Successful and unsuccessful suits against agents of justice under 42 USC §1983, by Arnold S. Trebach. CIVIL RIGHTS HANDBOOK pp 267-274.

Report: Hugh Manes, Law Enforcement and the Negro citizen in Los Angeles. 80 pp. 1963. 1680 N. Vine St., Suite 700, Hollywood.

And see Hannon, 261.21.


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304.18. Rev Jones v Teasley (USSC) Facts: X DOCKET 37, 109. Cite for cd: 379 US 923.
304.32. US v Patridge (Winona, Miss) (SD Miss, #WC 6331) Facts: X DOCKET 38. May 18, 1964: dismissed on stipulation.
304.34. Giancana v J Edgar Hoover and Johnson (USSC #705) (335 F2d 366, cd 85 S Ct 718) Facts: X DOCKET 38. CA 7 held for Defs. Feb 1, 1965: USSC denied cert; Douglas, J, diss.
304.35. Griffin v Kerr (ND Calif, #42245) Facts: X DOCKET 38, 108. Pl dropped appeal from dismissal of Univ as Def. Pending.
304.36. Thomas v Jackson (Flint) (DC Mich) Facts: X DOCKET 38. Jury found no cause of action.
304.40a. Nation of Islam, Muhammad Mosque of Flint v Industrial Mutual Assn (ED Mich) Facts: X DOCKET 38. Def's motion for summary judgment granted; no appeal.
304.41. Thornton v Bookman (ED Wisc #64-C-53) Facts: X DOCKET 39.

Sidney Podell, Esq., 606 W Wisconsin Ave, Milwaukee.

304.46. Evans v Jones, Jacobs (MD NC, #C-195-D-64) Facts: X DOCKET 109. Oct 1965: trial date.
304.48. Tyson v Cazes (CA 5) (238 F Supp 937) Facts: X DOCKET 40.*
304.50. Intl Bhd of Elec Workers v Jackson, Miss (SD Miss, Jackson Div, #3663) Facts: X DOCKET 109.*

Dixon Pyles, Esq., 507 E. Pearl St, Jackson; Sherman, Dunn & Sickles, Esqs., 1200 15th St NW, Washington, DC.

304.55. NAACP v Detroit Police Dept (Mich Civil Rights Comm) Facts: X DOCKET 109. Comm concluded public hg on alleged police brutality against Negroes would not achieve remedy sought; proposed: non-Detroit research organization do in-depth study of incidence and causes of Negro-police conflicts: to make clear nature and extent of problem; to develop remedial program. NAACP and other organizations agreed. Pending financing.

And see 304.55a, 304.55b, 304.55c.

304.55a. Agreement btwn Mich Civil Rights Comm and Detroit Police Dept. Apr 27, 1965: 17 steps agreed to for "effective law enforcement and ... protection of ... civil rights," incl: (1) elimination of arrests for investigation (averaged 1200-1500/mth); (2) additional men assigned to Citizens Complaint Bureau; (3) additional hrs of instruction on human relations in Police Academy; (4) police to call all citizens Mr, Mrs, Miss and last names; (5) Comm and Bureau to exchange witness statements re complaints, take jt statements of police, etc.
304.55b. Re Cordell Henry (Mich Civil Rights Comm) 16 yr old Negro struck by car driven by white man; during altercation, police forcibly searched Comp, struck him in stomach, took him to station, failed to consider his complaint against driver and arresting officers. Comp filed with Comm. Apr 27, 1965: After Comm investigation, held sufficient grounds to issue complaints against officers and Police Dept. Dept investigated, found officers violated police manual, all given written reprimands, transferred. Comp to receive out-of-pocket monetary losses. Closed.
304.55c. Re Clarence Bagley (Mich Civil Rights Comm) Comp and wife, Negroes, arrested, taken to police station in separate cars; en route police used racially insulting language, beat Comp; required 4 days hospitalization. Comp filed with Comm. April 27, 1965: findings and settlement identical with Henry, 304.55b.
304.56. Cruz v New York City; Re Detective John Devlin (Police Dept) Facts: X DOCKET 109. Police Commr named special prosecutor for Deptal trial of Detective for using excessive force against Cruz. Feb 9, 1965: Preliminary h'g before Dept. Pending.

Sol Gelb, Esq., 30 Broad St., NYC.

304.59. In re Larsen and Junell (Seattle) (Coroner's Jury) June 20, 1965: 5 Negroes, 2 off-duty policemen fought in cafe; 1 Negro shot and killed while driving away. At inquest, officers testified they had been drinking; jury found fight started over racist remarks by policeman, ruled killing excusable homicide, recommended Police Dept regulations be changed to provide off-duty officers not carry weapons; officers suspended 8 days.
304.60. Dayton Newspapers Inc v Dayton (CA 6) Mar 2, 1964: Pl's reporter arrested at scene of fire, prohibited from reporting event. DC dismissed complaint. May 20, 1965: CA reversed: newspaper's right to collect news without interference violated, as well as reporter's 1st Amdt liberties.
304.61. Re Thomas Gilligan (NYC) (Civilian Complaint Review Bd) Jy 16, 1964: across street from his school, 15 yr old Negro pupil, James Powell, shot and killed by Police Lt, who alleged dec'd had knife. Jy: massive demonstrations in Harlem for Resp's suspension from Police, see Epton, 54.9, 54.9a, 54.9b, Barnett, 333.20. Resp placed on sick leave. Grand jury cleared Resp. Spring 1965: Civilian Complaint Review Bd cleared Resp.
304.62. Hinton v Smith, Doherty, Portue, Doane, City of San Francisco (ND Calif) Dec 14, 1964: Negro postal clerk dragged into police car, beaten, taken to hospital, again assaulted; arrested: interfering with police investigation, resisting arrest. Je 16, 1965: Muni Ct jury acquitted. Je 30: Pet sued Def police, city for $75,000 damages. Pending.
304.63. In the Matter of Judge Leighton (Chicago) (Cir Ct Exec Comm) Oct, 1964: 2 Puerto Ricans approached by 2 offduty officers in civilian clothes with drawn guns; scuffle resulted; 1 officer hospitalized from gunshot wound; Defs charged with assault. Leighton, newly elected Negro judge, ruled: not guilty; no crime had been in progress; officers had no right approaching citizens with drawn guns: "The right to resist an unlawful arrest is a phase of self-defense." Controversy arose: some groups asked for Leighton's impeachment. Cir Ct Exec Comm investigated; found: "no action should be taken at this time."
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304.64. Morgan v Yuba Co (Calif Dist Ct of App) Pl's decedent complained of person; he was arrested, convicted, threatened to kill Dec'd on release from prison. Def's sheriff allegedly promised to warn Pls on release. Person released, Pls not warned, prisoner killed Dec'd. Pls sued Co for wrongful death. Nov 30, 1964: DCA held: failure to warn actionable.

Goldstein, Barceloux and Goldstein, Esqs., P. O. Box 1540, Chico, Calif.

304.65. Terrel v Pritchett, Chief of Police (MD Ga, #855) Aug 1964: Def police officers arrested Pl at his home, beat him severely. Jy, 1965: Pl filed complaint under 42 USC §1983, with 260 interrogatories to Def police. Aug: Pl, without and against advice of attorney, met with his employer and Defs, signed affidavit that he wished to drop action. Defs filed Pl's affidavit with DC. Pl's attorney filed motion to dismiss.

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

304.66. New York v Portelli (Ct of App) 1962: Defs robbed store, killed 2 policemen, one Def told witness Melville how it happened. Next day, Melville picked up by police, held in custody overnight, beaten severely, tortured, policeman held lighted cigarette to his genitals, coerced him into giving State's evidence. Mar 11, 1965: Ct of App (unan) held: Defs conviction affirmed, condemned conduct of police and brutality in coercing witness. Defs contend Melville's testimony coerced, should not have been admitted. Appeal pending.
304.Misc. Hart's Food Stores v City of Rochester (Monroe Co, NY Sup Ct) (255 NYS2d 390) Action by store owner against city for damages to his store from looting during rioting by Negroes summer, 1964. Jan 12, 1965: Sup Ct held: no cause of action; neither common law nor statute grant damages against municipality for injury caused by riots.

And see Statman, 465.1; Adickes, 552.NY.2.

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

312.26. Molina del Rio v New York (USSC) Facts: X DOCKET 40, 110. Cite for cert denied: 379 US 939.
313. Charge of Entrapment

313.4. Benson v Pitchess, Sheriff (USSC #874) Facts: X DOCKET 40, 110. Cite for cert denied: 380 US 951.
314. Charge of Conspiracy

314.8. California v Schnepf (Los Angeles) (Super Ct, #289205) Facts: X DOCKET 110. Feb 1965: Ct found publications not obscene.

And see Clancy, 354.10.

315. Inspection of Pretrial Statements of Government Witnesses
List: State discovery statutes and decisions. CIVIL RIGHTS HANDBOOK pp 69-69r.
316. Inspection of Grand Jury Minutes
320. Double Jeopardy
321. In Federal Cases
322. In State Cases

322.7. New York v Martinis (NY Ct of App) May, 1963: Collision on freeway killing 5; Def, son of judge, arrested: reckless driving, drunken driving, leaving scene of accident. Crim Ct acquitted. Def charged again: vehicular homicide. App Div held double jeopardy. Mar 11, 1965: Ct of App (4-3) reversed: "It would be a travesty of justice to hold that the prior prosecution upon a minor traffic offense" bars homicide prosecution.
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 McAdoo, Barnett, Crenovich (NYC Crim Ct) (257 NYS2d 763) Facts: X DOCKET 40, 110. Appeals to Appellate Term, 1st Dept pending.

And see Epton, 54.9, 54.9a, 54.9b, Gilligan, 304.61.

333.21. New York v Stevens (USSC) Facts: X DOCKET 111. Petition for cert pending.

And see Koutnik, 343.5.

333.22. Griffin v California (USSC, #202) (383 P2d 432; 380 US 609) At murder trial, Def did not testify; ct instructed jury Def had constitutional right not to testify but said jury could take this into consideration and reasonably draw inferences unfavorable to Def as to testimony he had the knowledge to deny or explain; convicted. Calif. Sup Ct aff'd. USSC granted cert. Apr 28, 1965: USSC reversed (6-2), Douglas, J: (1) 18 USC §3481 forbids comment on Def's failure to testify in fedl trials; (2) Fifth Amdt likewise forbids comment; (3) 14th Amdt due process standard in state trials now includes Fifth Amdt privilege against self-incrimination (Malloy, 332.1, 378 US 1); (4) it also precludes comment on its use. Harlan, J, conc in decision. Stewart, J (White, J) diss.

Morris Lavine, Esq., 215 W 7th St., Los Angeles.

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333.23. New Jersey v Davis (NJ Sup Ct) Facts similar to Griffin, 333.22. Jy 6, 1965: Sup Ct reversed conviction, ordered new trial.
333.24. New Jersey v Ripa (NJ Sup Ct) Def arrested: murder. Co chief of detectives warned Def his silence in police station could be used against him. Def convicted. Jy 6, 1965: Sup Ct reversed; ordered new trial.
334. Grants of Immunity: Federal

334.8. US v. Ahlers (USSC) (336 F2d 191) Facts: X DOCKET 111. Cite for cert denied: 379 US 963.
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)

341.4. Cheung v Ailes (DC DC, #2781-64) 1962: Pl, alien, enlisted in US Army for 2 yrs. 1964: 9 days before discharge, Army discovered Pl had failed to disclose non-citizen status at enlistment, issued "General discharge." Pl appealed administratively; denied. Pl sued for "Honorable discharge" under Harmon v Brucker, 253.4, 355 US 579; pending.

Mark A. Weiss, Lawrence A. Speiser, Esqs., 1101 Vermont Ave NW, Washington, DC.

342. Effect on Employment—Public School Teachers (see also 24, 262, 267, 281, 571)
343. Effect on Employment — Other Public Officers (see also 261)

343.5. Koutnik, Gardner, Smith v New York City (Sup Ct) June 25, 1964: Grand jury investigating bookmaking payoffs to police called 3 Pl policemen; 2 told DA they wanted to consult attys before signing waivers of immunity, 1 refused to sign on advice of counsel; summarily dismissed under NY Const, NYC Charter. Pls sued. Je 14, 1965: Sup Ct held provisions viewed, "not as self-executing mandates for summary dismissal, but as affording the petitioners the opportunity to explain ... the right to be heard"; ordered Pls reinstated with back pay.
344. Effect on Employment — Private (see also 30, 268, 269)
345. Effect on Attorneys (see also 265, 373)

345.1. Cohen v Hurley (USSC, #84) Facts: X DOCKET 111. Oct 12, 1964: USSC denied motion for leave to file 2d petition for rehearing.
346. Effect on Unemployment Insurance and Social Security (see also 263, 422)
350. Due Process
UN DECLARATION OF HUMAN RIGHTS: Arts 8, 11(1)

Practice tips: Habeas corpus petitions, by Morton Stavis. CIVIL RIGHTS HANDBOOK pp 113-119.

351. In Arraignment (Delay) (and see 353)
Checklist: What to do or consider before entry of plea in trial court. CIVIL RIGHTS HANDBOOK pp 73-73b.
352. In Grand Jury Procedures (see also 311, 316)
See 333.20, .20a.
353. In Obtaining Confessions

353.20. Pate v Page (USSC, #426 Misc) (cd 85 S Ct 205) Facts: X DOCKET 41. Nov 9, 1964: USSC denied 2d petition for cert. Sanity hearing: Def found insane, not subject to execution.
353.21. Ralph v Pepersack, Warden (USSC #566 Misc) (cd 85 S Ct 907) Facts: X DOCKET 41. Mar 1, 1965: USSC denied cert.
353.26. New York v Jackson (Sup Ct, App Term) Facts: X DOCKET 111. Sup Ct denied Def motions on double jeopardy, involuntariness of confession. Apr 2, 1965: Retrial; Def convicted: death. Apr 20: Appeal argued, pending.
353.28. New York v Coleman (NY Ct of App) Facts: X DOCKET 112. October 1965: appeal argued.

Ct-appointed counsel: Mary Kaufman, Esq., 30 Vesey St; Eleanor Fischer, Esq., 174 W 76th St, both of NYC.

353.29. New York v Whitmore (Brooklyn) (NY Sup Ct) Facts: X DOCKET 112. (2) Murder of Apr 14, 1964: DC denied habeas and stay; CA 2 affirmed. Apr 5-30, 1965: jury trial; hung jury. May 27: Sup Ct held: Def must be retried on murder charge before he is retried on (1) attempted rape.

Additional counsel: Charles T. McKinney, Esq., 165 Broadway, NYC; Ray H. Williams, Esq., 1160 Fulton St., Brooklyn.

353.30. Boles v Stevenson (USSC) Facts: X DOCKET 112. Cite: 379 US 43.
353.31. Pennsylvania ex rel Donnell v Myers (Pa Sup Ct, #236) Def arrested, held in solitary confinement, subjected to physical hardship, without counsel; confession obtained, admitted in evidence; convicted. Lancaster Co Ct of Com Pleas denied habeas corpus petition; appeal pending.

James Peace, Esq., 6 Penn Center Plaza, Philadelphia for Pa CLU.

353.32. New Jersey v Russo, Bisignano (CA 3) 1961: Defs attempted to rob a tavern, arrested: murder of policeman. Police did not advise Defs of right to counsel or right to remain silent; Defs confessed; convicted; affirmed on state appeals. May 21, 1965: CA 3 (unan) granted habeas petitions, followed Escobedo, 372.34, 378 US 478, held rule applies even tho suspect: (1) did not request counsel; (2) can not afford counsel; (3) did not raise these defenses at trial. DA's appeal pending.

Raymond W. Brown, Esq., 300 Van Nostrand Ave, and Irving Vogelman, Esq., 26 Journal Square, both of Jersey City.

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353.33. New York v Perez, Ignacio and Guillermo Novo (Queens Sup Ct) Dec 11, 1964: Anti-Castro Cubans fired bazooka toward UN bldg. Dec 15: Defs questioned, their lawyer present, denied firing bazooka. Dec 22: Defs arrested, Police notified atty; 6:15 pm-11 pm: Atty refused permission to see Defs; Defs made confessions. Jan 25, 1965: Defs indicted on felony and misdemeanor charges. Defs' atty moved for h'g on voluntariness of confessions. June 2: Shapiro, J held confessions invalid: DA should invite Defs' lawyer to be present during questioning.

Peter James Johnson, Esq., (without fee), 120 Wall St., NYC.

354. In Press Releases and Newspaper Coverage

354.7. Estes v Texas (USSC) (381 US 532) Facts: X DOCKET 112. June 7, 1965: USSC (5-4) reversed, Clark, J: (1) 2-day pretrial h'g on Def's motion to ban TV, radio during trial was itself televised, prospective jurors undoubtedly affected; trial ct permitted limited TV coverage of trial; (2) TV puts to work "insidious influences" in the administration of justice; (3) Def need not show actual prejudice as prerequisite to reversal in this case, citing Rideau, 373 US 723, Turner, 379 US 466; (4) TV coverage can have significant impact on jurors, may impair quality of testimony, places added responsibility on trial judge, has impact on Def. Warren, CJ, (Douglas, Goldberg, JJ), conc; Harlan, J, conc. Stewart, J (Black, Brennan, White, JJ) diss.

John D. Cofer and Hume Cofer, Esqs., Capitol Natl Bank Bldg., Austin.

354.10. In re Clancy (LA Super Ct, #295183) Prior to trial in Schnepf, 314.8, Resp, Dep DA, allegedly issued statement to press: one Def is "king of girlie magazines" in a "million dollar operation." Dec 1964: Contempt proceedings filed (Cal CCP §1209(3), (4), (8).) Ct held facts sufficient to issue citation, but held: no duty by DA to insure fair trial; no clear and present danger of unfair trial of Defs in obscenity case shown.

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

354.11. In re Sosich (LA Super Ct, #296881) Dec 1964: 2 policemen indicted for rigging police evidence in shooting incident. Rel, Dep DA, allegedly stated to local press: "both officials admitted falsifying evidence." Contempt proceedings filed (Cal CCP §1209(3), (4), (8).) Dec 29: Ct dismissed: facts insufficient to justify issuance of citation.

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

355. In Admitting Perjured Testimony (see also 312)

355.4. Sobell v US. Facts: X DOCKET 42, 113.*

Kunstler and Kinoy, Esqs., 511 Fifth Ave., NYC.

355.11. US ex rel Miller v Pate (USSC) (342 F2d 646) Facts: X DOCKET 42, 113.*
355.12. Shuler and Chatman v Florida (USSC, #58) Facts: X DOCKET 42, 113. Feb 5, 1965: Motion to reduce sentence on basis of unequal application of death penalty filed. Pending.

Leroy D. Clark, Esq.

356. In Courts Martial (see also 390)
357. In Naturalization Proceedings (see also 259)
358. In Expatriation, Denaturalization and Deportation Proceedings (see also 258, 259)

358.25. Giova v Rosenberg (USSC, #23) (308 F2d 347) 1920: Pet entered US. 1946: Pet deported for felonies committed in 1935, 1938. 1948 and 1952: reentered illegally. 1954: reentered illegally. 1957: ordered deported. 1959: Imm Serv granted waiver of grounds of excludability, ordered Pet officially admitted if applied for legal admission. Pet applied; application denied. On appeal, CA 9 held no jurisdiction on appeal from BIA under 8 USC §1105a. Oct 26, 1964: USSC, per curiam, granted cert, reversed and remanded to CA to entertain petition for review of application.

David C. Marcus, Esq., 215 W. 5th St., Los Angeles.

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

359.2. Scott v Macy (CA DC, #1050-63) Facts: X DOCKET 43. CA held: there is constitutional protection against arbitrary Civil Service Comm rulings; Def can not refuse eligibility on bare allegation of past homosexual conduct; must specify specific acts and manner in which alleged conduct relates "to occupational competence or fitness"; judgment for Pl.
359.3. Pl v Civil Service Commission (Wash DC) (CA DC) Comm rejected Pl for job in Dept of Agriculture: record disclosed evidence of homosexual conduct considered contrary to accepted standards of morality. DC upheld Comm. June 16, 1965: CA reversed: man cannot be disqualified from govt employment on vague and unspecified charges of homosexual conduct. Bazelon, J, conc: Comm must state why specific homosexual conduct is related to occupational fitness, why it should disqualify man from holding particular Govt job.

ACLU of Dist. of Columbia, 1101 Vermont Ave, NW, Washington, DC.

360. Speedy and Public Trial (see also 390)

360.9. Mason v Plampin and Texas (WD Tex, #3398)*
360.10. New York v Negro (NY Sup Ct, 1st Jud Div) 1944: Def indicted; committed to state mental hospital. 1964: State seeks trial on 1944 indictment. Def moved to dismiss: violation of due process, right to speedy trial; denied. Pending.

Nanette Dembitz, Esq., for amicus NYCLU, 156 5th Ave., NYC.

And see Hinson, 412.14.

370. Right to Counsel/Access to Courts
Form: Prayer for admission of non-resident attorneys. CIVIL RIGHTS HANDBOOK pp 30a-30b.

Article: Ruth Roemer, Right to counsel. CIVIL RIGHTS HANDBOOK pp 57-67.

Legislation: Jy 19, 1965: NY Gov signed 2 bills: (1) allowing law school seniors to counsel indigent clients; (2) requiring each Co to set up free legal service programs for all needy Defs by Dec 1, 1965.

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371. In Federal Cases

371.6. Johnson v US (CA 5, #21653) Facts: X DOCKET 43, 113. CA 5 reversed.
371.8. Jones v Rivers (Columbia Reformatory) (ED Va, Alexandria Div) Facts: X DOCKET 113. Pending in DC on remand.

Lawrence Speiser, Esq., 1101 Vermont Ave NW, Washington, DC for ACLU.

372. In State Cases

372.14. Alabama v Hamilton (Ala Sup Ct) Facts: X DOCKET 43, 114. Oct 1964: Cir Ct ordered free transcript be provided. May 1965: Briefs filed; pending.
372.24. New York v Mawbey (App Div 3rd Dept) Facts: X DOCKET 44. Def paroled; appeal pending.
372.33. New York v Baker (NY Co Sup Ct, #2195-64) Facts: X DOCKET 44, 114. Jury trial: Defs convicted of first degree murder; awaiting sentence.
372.36. Anderson v Kentucky (USSC) Facts: X DOCKET 44, 114. Cites: 353 SW2d 381, h'g den 85 S Ct 29.
372.37. California v Dorado (USSC) (398 P2d 361, cd 85 S Ct 1765, 1793) Facts: X DOCKET 114. Je 1, 1965: USSC denied cert.

Edward L. Cragen, Esq., (app'ted by Sup Ct).

372.40. Ohio v C. Harris (Cuyahoga Co Ct of App) Facts: X DOCKET 114. Ct of App reversed.
372.41. New York v Taylor (NY Ct of App, #179) Facts: X DOCKET 114. Appeal pending.

Myron Greene & Jack Rosenberg, Esqs., 250 Broadway, NYC.

372.42. Burkes v Whitley, Warden (formerly Georgia v Burkes) (Terrell Co) (Ga Sup Ct) Facts: X DOCKET 114. May 31, 1965: Sup Ct sustained denial of habeas petition. Pending.
372.43. Wisconsin v Holliday (Dane Co Cir Ct) Def arrested: kidnapping, armed burglary and robbery. Def transferred car to friend as a gift, asked ct to provide counsel. Co Crim Ct denied counsel: (1) Def's car transfer was attempt to defraud Co; (2) preliminary h'g not "critical" stage in proceedings. 1965: Cir Ct reversed, citing Gideon, 372.19, 372 US 335.

Edwin Nager, Wis CLU; Madison Legal Aid Society.

372.44. Yates v Mississippi (USSC) Def convicted of murder: death. May 31, 1965: Miss Sup Ct affirmed, granted stay pending appeal. Issues: lack of assistance of counsel at trial, failure to advise Def of consequences of guilty plea, error of trial ct in accepting guilty plea in capital case—prosecution should have to prove guilt, capital punishment is cruel and unusual.

Lawrence Speiser and Bernard Roazen, Esqs., ACLU, 1101 Vermont Ave. NW, Washington, DC.

372.45. California v Hillery (Calif Sup Ct) Def arrested: murder; talked to police without counsel; convicted: death. May 4, 1965: Sup Ct affirmed: Def not denied rights under Dorado, 372.37, — P2d —, because made non-incriminating statement, not confession; (2) reversed as to penalty for improper comment to jury on possibility of parole, citing Morse, Arguello, 391.8, — P2d —; remanded on (2).

And see California v Schader and Turner, — P2d —; California v Williams and Lilliock, — P2d —.

372.46. Bowie v Wilson (ND Calif, S Div, #43441) Def arrested: assault with deadly weapon, intent to kill; police elicited incriminating statements. Def appeared pro se at trial; not advised of right to counsel or to remain silent, no waiver; incriminating statements of Def admitted in evidence. Trial ct did not inquire into Def's understanding of charge, elements of offense, pleas, defenses, or punishment. Case submitted on transcript of preliminary h'g, read into trial record without stipulation of Def, without attempting to obtain witnesses at trial, or allowing Def to confront or cross-examine. Mar 25, 1965: habeas filed, DC issued show cause order. Pending.

Doris Brin Walker, Esq., 1440 Broadway, Ralph Johansen, Esq., 1815 Telegraph, both of Oakland.

372.47. New Mexico v Vaughn (NM Sup Ct) Defs charged with noncapital felony, pleaded not guilty, requested counsel at preliminary h'g. Ct held they would have to hire lawyer; appeared pro se. Ct bound Defs over to Dist Ct; counsel appointed, found guilty. Sup Ct held: no right to counsel at preliminary h'g if appointed at later stage and counsel and accused then questioned about denial of counsel; failure to object is waiver.

And see Sanders v Cox, 395 P2d 353 (NM, 1964)

373. Restrictions on Attorneys (see 265, 345)

373.14. In re R. Jess Brown (CA 5) Facts: X DOCKET 44. June 3, 1965: CA 5 reversed, found Judge Cox abused his discretion by continuing his "inquisition" after it was apparent Pl-atty was guilty of no impropriety.
374. Opportunity for Appellate Review

374.25. Dillane v US (CA DC) Pet not advised in time of his right to appeal by his ct-appointed atty, filed for leave to appeal after expiration of 10-day limitation on notice of appeal. Feb 19, 1965: Oral argument heard, pending.

Thomas J. Schwab, Esq., 616 Investment Bldg.; David B. Isbell, Esq., Capitol CLU, 1101 Vermont Ave. NW, Washington, DC.

And see Seals, 512.Ala.3.

375. Group Legal Services
Note: This new category will describe cases arising out of efforts to implement Brotherhood of Railroad Trainmen v Virginia ex rel Virginia State Bar (1964) 377 US 1, and cite articles, bar resolutions and reports.

Symposium: Availability of counsel and group legal services, 12 UCLA 279-463: Murray L. Schwartz, George E. Bodle, Frank Simpson, Barlow F. Christensen, Irving R. Kaufman, Edward V. Sparer, Jerome E. Carlin and Jan Howard, Elliott E. Cheatham.

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376. Small Claimants' Problems
380. Confrontation
381. In Criminal Cases

381.5. Gray v Wilson (USSC, #647 Misc) Facts: X DOCKET 45. CA 9 reversed. Jan 18, 1965: USSC denied cert: 85 S Ct 693.
381.7. Douglas v Alabama (USSC, #313) (163 So2d 477, 496; — US —) Loyd convicted of assault with intent to murder, filed appeal. Loyd called as Govt witness in trial of Def on same charge, claimed privilege, refused to testify despite ct's overruling his claim. Ct permitted Govt to read to jury Loyd's alleged confession, finding Loyd a hostile witness and reading for purpose of refreshing his recollection. Def convicted, affd; USSC granted cert. Apr 5, 1965: USSC reversed (unan), Brennan, J: (1) Def unable to cross-examine Loyd on truth of his alleged confession because Loyd relied on his privilege, and jury might have improperly inferred that Loyd made statement and it was true; (2) this denied effective confrontation to which Def was entitled under Sixth Amdt, 14th Amdt due process. Harlan, J, and Stewart, J, conc on (1), reject (2).
381.8. Pointer v Texas (USSC, #577) (375 SW2d 293, — US —) At preliminary hearing, Defs not represented by counsel, did not cross-examine key Govt witness; indicted. At trial, Govt offered transcript of key witness' testimony, since he had moved to another state; Def's atty objected: denial of right to confrontation; overruled; convicted. Tex Ct of Crim App affd. USSC granted cert. Apr 5, 1965: USSC (unan) reversed, Black J: (1) no need to decide re denial of right to counsel at preliminary hearing at which plea could not be made (unlike White v Md, 373 US 59); (2) held (7-2) "Sixth Amdt's right of an accused to confront the witnesses against him is ... a fundamental right and is made obligatory on the States by the Fourteenth Amdt."; right to cross-examine included in right of confrontation; use of transcript denied Def a constitutional right. Harlan, J; Stewart, J conc, rejected this incorporation of Sixth Amdt into 14th Amdt. Goldberg, J, conc adopting Black's position.

Orville A. Harlan, Esq., 1st Savings Bldg, Houston.

382. In Civil Cases
390. Jury Trials (see also 356, 360, 510)
UN DECLARATION OF HUMAN RIGHTS: Art 10
391. Nature of Jury Trial

391.9. Jenkins v US (USSC, #761) (330 F2d 220, — US —) After trial for robbery and assault, jury retried, sent note to judge 2 hrs later: unable to agree on verdict "on both counts because of insufficient evidence." DC DC recalled jury, said, inter alia, "You have got to reach a decision in this case." Jury found guilty on one count, not guilty on other. CA aff'd. USSC granted cert. Apr 5, 1965: USSC, per curiam, reversed: judge's statement had coercive effect, remanded for new trial.

H. Thomas Sisk, Esq., Washington, D.C.

392. Waiver of Jury

392.1. Igoe v US (USSC, #145) Facts: X DOCKET 44, 115. Apr 26, 1965: USSC denied rehearing: 85 S Ct 1325.
392.2. Singer v US (USSC, #42) Facts: X DOCKET 45, 115. Cite: 380 US 24.
393. Improper Comment (and see 512)
See Arguello, 391.8, X DOCKET 115; Hillery, 372.45, X DOCKET 145.
400. Excessive Bail; Parole Conditions
Forms: Application for release on own recognizance or bail. CIVIL RIGHTS HANDBOOK pp 46d-46f; and see discussion, pp 46g-55.

Petition for writ of habeas corpus cum causa and for bail, points and authorities, by Arthur Kinoy. CIVIL RIGHTS HANDBOOK pp 72p-72r.

401. Amount of Bail

401.17. US v Hinton (DC DC, #Crim 374-64) Facts: X DOCKET 115. Appeal pending.

Robert Frank, Esq., Southern Bldg, Washington, DC.

401.19. Thomas v Gladden (Ore Sup Ct) Facts: X DOCKET 115.

Chas. Telfer, Esq., 220 SE H St., Grants Pass, Oregon.

401.20. Aronson v May (USSC) Facts: X DOCKET 115.

Burton Marks, Esq., 8447 Wilshire Blvd, Beverly Hills, Calif.

401.21. Bowman v US (USSC) Facts: X DOCKET 115. Jan 7, 1965: Douglas, J, granted Pet's release on own recognizance pending disposition of appeal by CA 9.

Petitioner pro se: Box 1000, Steilacoom, Washington.

401.23. California v Savio (Berkeley) (Muni Ct) Facts: X DOCKET 116. Appeal bond set at $220 for those convicted on 1 count, $550 for those convicted on 2; bond for leaders up to $1100.

See Savio, 24.37.

402. Conditions Imposed

402.10. Marris v Crumlish (formerly listed as Pennsylvania v Morris) (CA 3) Facts: X DOCKET 116.*

Norris, Brown and Hall, Esqs., 1510 Chestnut St., Philadelphia.

403. Denial of Bail

403.14. McKinley v Thompson (Okla Ct of Crim App) (401 P2d 1007) 1965: Mandamus to compel Justice of Peace to admit Pet to bail on bond tendered by foreign corp authorized to do business in state (18 Okla Stat 481). Ct of Crim App granted writ, held refusal of justice to accept surety bonds improper, as statute referred only to "adequate" and "sufficient" bond. Milton Keen, Esq., 416 NW 23rd St., Oklahoma City.
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404. Miscellaneous Bail Problems

404.2. United Bonding Ins Co v Mississippi (Jackson Super Ct) (175 So2d 182) Def unable to attend Ct because of appendectomy, made every effort to apprise Ct of condition. In suit on bond forfeiture, held failure was Act of God for which surety was not required to forfeit bond (Miss Code 1942, §2493).

Noel W. Buckley, Esq., Jackson, Mississippi.

410. Cruel and Unusual Punishment
UN DECLARATION OF HUMAN RIGHTS: Art 5
411. In Criminal Cases
And see cases at 304.
411.29. Crawford v North Carolina (NC Sup Ct; ED NC, #1515) (133 SE2d 232) Def tried in Forsyth Co Super Ct for murder-rape: convicted: death. 1963: Sup Ct affirmed. Oct 1964: Habeas filed in DC. Oct 22: DC held state remedies must be exhausted on all issues raised. Pending. Nov 15: Appeal to Sup Ct pending alleging capital punishment per se cruel and unusual punishment.

Floyd B. McKissick, Esq., 213½ W. Main St., Durham, N.C.

Periodical: Capital punishment quarterly, Texas Society To Abolish Capital Punishment, PO Box 8134, Austin, Texas. $2.

And see Yates, 372.44.

412. In Extradition Cases

412.14. In re Hinson (Fulton Co Super Ct) Def charged with crimes in 2 SC Cos; not tried in state cts. Def convicted in fedl ct of another crime. While serving sentence in Ga fedl prison, Def moved SC cts to provide speedy trial under fedl procedure for transportation of fedl convict to state trial on state's payment of certain fees. SC refused. Def released after serving fedl sentence; arrested by Ga police on detainer warrants from SC. Def filed habeas petition for release: denial of speedy trial. Pending.

Charles Morgan, Esq., 5 Forsyth St. NW, Atlanta, Ga.

413. In Civil Cases

413.8. Parrish v Civil Service Commn (Alameda Co Dist Ct of App, #22,556) Facts: X DOCKET 116. Pending.

Amicus brief by Robert H. Laws, Esq., 646 Van Ness Ave., B. V. Yturbide, Esq., 1231 Market St., Marshall W. Krause, Esq., 503 Market St., all of San Francisco for ACLU.

And see cases at 420s, 295.; In re Agency, 303.58.

420. Due Process/Equal Protection for the Poor
And see: Rights of American Indians, 600.-605.

Right to Bail, 401., 403.

Rights of Citizens—Jury, Voting, 512.-513., 501.-505.

Rights of NonCitizens, 258.-259., 358.

Right to Counsel, Appeal, 371.-372., 374.-375.

Rights of Criminal Defendants, 300.-490.

Right to Education, 24., 281., 520s., 571.

Right of Incompetents, 440.

Rights of Juveniles, 56., 430.

Right of Privacy, 295.

Employment Discrimination, 570s.

Small Claimants' Problems, 376.

Suits for False Arrest, Police Practices, 304.

Note: This new category will describe cases in courts and administrative agencies in the continuing War on Poverty. The aim will be to include representative cases; completeness of coverage is impossible. Articles and reports will be cited.

Analysis: George Olshausen, Rich and poor in civil procedure. CIVIL RIGHTS HANDBOOK pp 8a-8u.

Article: Jacobus tenBroek, California's dual system of family law: Its origin, development, and present status. 16 Stanford 257, 900, 17 Stanford 614.

421. Social Welfare Programs—Local

421.1. Brewer v Simmons (CA DC) Attempt to enjoin DC Department of Public Welfare from terminating aid to dependent children when father exercised his visitation rights, contrary to Dept requirement that father "must be continually absent from the home." Pending.

William B. Harris, David Carliner, Esqs., for Capital Area CLU, 1101 Vermont Ave NW, Washington, DC.

And see Parrish, 413.8.

422. Social Welfare Programs—Federal (and see 255, 263, 346)
423. Housing (and see 530s)
Legislation:

Jy 18, 1965: NY Gov Rockefeller signed 2 bills: (1) if ⅓ of tenants in building organize and convince Civil Ct judge that dangerous condition has existed for 5 days, all tenants shall then deposit rent with ct for assignment to admr to use for repairs; (2) 1 tenant can withhold rent if landlord has not corrected "rent impairing violation" within 6 mths. No redress if tenant caused violation.


423.NY.1. Himmel v Chase Manhattan Bank (NY Co Civ Ct, #64961/65) Pls organized tenants comm, withheld rent until Def landlord made repairs. Jy, 1965: In NY Art. 7a proceedings, Pls petitioned ct to collect rent under Jy 18, 1965 law until repairs corrected dangers to life, health, safety of tenants. Aug 9: Civ Ct held act constitutional as valid exercise of police power. Landlord paid all tenants for past inconveniences, agreed to correct conditions.

Edwin Ostrow, Esq., 350 Fifth Ave., NYC.

423.NY.2. Rocke v Marluted Realty Co (New York City) (Sup Ct) May 1965: Landlord served dispossess notice on bldg supt but not on tenant, who did not appear in Ct. Ct granted landlord eviction by default. June 9: reversed. June 23: Sup Ct ruled it has power to order landlords to let tenants who have been illegally evicted return to their homes; formerly only remedy was costly, lengthy suit for damages, impractical remedy for poor families.
424. Credit Problems

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424.1. Pl Correspondence School v Christian (Albany, Ga) White salesman told Def-Negro woman his correspondence school guaranteed a job with Gov't on successful completion of course. Def did not read contract before signing it; price: $200, contract contained no guarantee of employment, included waiver of exemptions of homestead and clothing from attachment. On non-payment of installment, Pl threatened suit. Def's atty replied: contract unenforceable, course so inadequate may constitute mail fraud. Pending.

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

425. Warranties, Service

425.1. Sadler v Paul King (Albany) (City Ct) 1963: Def, Negro storekeeper, called Pl, white heating contractor, to repair store's heating system. Pl came, said it needed a part; he would return next day. When Pl didn't return, Def called another company, which made repair. Def explained this to Pl when he returned on 3d day; Pl never sent bill. 1964: Pl sued Def for $10, plus $7.50 court costs. Nov 19: Pl appeared without counsel, Def with counsel; white lawyer in ctrm volunteered to act for Pl "under Gideon decision." Ct granted continuance to Pl's new lawyer over Def's objection that Gideon related to Def in criminal case. Nov 20: Ct dismissed case.

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

426. Family Problems (and see 560s)
429. Miscellaneous (and see 13, 57, 59, 490)

429.1. Georgia v Def (Thomasville) 1965: Def, Negro laundry worker ($30/wk) arrested on Sat night: drunk; put in jail tank with 12 prisoners. Prisoners had not been searched; 1 stabbed Def when he tried to break up fight with another prisoner. Def taken to hospital, treated, released. Hospital billed Def $70; Dr billed Def $25; both threaten to sue. Pending.

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

And see Bruner, 512.Ga.10; Terrell, 304.65.

430. Due Process for Juvenile Offenders (see 56)
UN DECLARATION OF HUMAN RIGHTS: Art 25(2)
430.5. Kent v US (CA DC) Sept 5, 1961: Def 16 yr old arrested: 8 counts: housebreaking, robbery, rape. Not taken to juvenile home where he was ward, but to police station, interrogated at length. Counsel moved Juv Ct for psychiatric care, disclosure of Social Service file, hearing on waiver of jurisdiction to adult ct. Ct did not rule on motion, waived jurisdiction. Habeas corpus to DC, held: Juv Ct order of waiver not appealable, habeas corpus unnecessary, improper remedy: Def should file motion to dismiss, or move DC to constitute itself a juv ct. Def filed motion to dismiss, denied; for mental examination of Def, granted. Def found guilty on 6 counts: housebreaking, robbery, not guilty by reason of insanity on rape counts: 30-90 yrs. Appeal pending.

Myron G. Ehrlich, Esq., 401 3rd St. (appointed by CA), Richard Arens, Esq., c/o Catholic University School of Law, 1323 18th St. NW, both of Washington, DC, Monroe H. Freedman, David Carliner, Esqs., Capital CLU.

440. Due Process for Incompetent Defendants
450. Post-Conviction Remedies
Form: Motion, affidavit to appeal in forma pauperis, by George W. Crockett. CIVIL RIGHTS HANDBOOK pp 189-190.

Form: Application for certificate of probable cause, notice of appeal to US Court of Appeals, by Arthur Kinoy. CIVIL RIGHTS HANDBOOK p 109.

451. In State Courts in State Cases
Form: Application for leave to petition for writ of error coram nobis. CIVIL RIGHTS HANDBOOK pp 98-104.
452. In Federal Courts in State Cases

452.9. Re Aaron v Holman (MD Ala, N Div) Facts: X DOCKET 117. July 2, 1965: DC stayed all proceedings pending determination of constitutional questions in state cts. Correction: Trial counsel was Negro.
453. In Federal Cases
Forms and discussion: Post-appeal procedures in federal courts, by Arthur Kinoy. CIVIL RIGHTS HANDBOOK pp 95-111, incl forms for stay pending appeal, application for certificate of probable cause.
460. Sentencing and Clemency Procedures
461. Sentencing Process
462. Applications for Probation
463. Applications for Parole
464. Applications for Pardons or Executive Clemency
465. Applications for Expungement or Certificates of Rehabilitation

465.1. Statman v Kelly (NY Sup Ct) 1964: 7 students (Hunter College) arrested on Opening Day of World's Fair: demonstrating; DA moved to dismiss charges. Ct dismissed, refused to expunge records. 1965: Civil action filed to expunge arrest records to prevent handicap in securing civil service employment. Pending.

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

See 58.24.

490. Miscellaneous Due Process (and see 429)

490.6d. Connecticut v Griswold and Buxton (USSC) (381 US 479) Facts: X DOCKET 48, 117. June 7, 1965: USSC (7-2) reversed, Douglas, J: (1) Pl-Dr and Pl Dir, Planned Parenthood League, have standing to raise constitutional rights of married people whom they treated professionally: "Certainly the accessory should have standing to assert that the offense which he is charged with assisting is not, or cannot constitutionally be a crime"; (2) "Specific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance," citing Pierce, 268 US 510, City of Struthers, 319 US 141, NAACP v Alabama, 357 US 449, Button, 371 US 415; "Various guarantees create zones of privacy," incl 4th, 5th Amdts, and see 9th Amdt; "The present case ... concerns a relationship lying within [that] zone." Goldberg, J (Warren, CJ, Brennan, J) conc: "To hold that a right so basic and fundamental and so deep-rooted in our society as the right of privacy in marriage may be infringed because that right is not guaranteed in so many words by the first eight amdts to the Constitution is to ignore the Ninth Amdt and to give it no effect whatsoever"; interesting analysis of 9th Amdt. Harlan, J, White, J, conc in judgment. Black, J (Stewart, J) diss.
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490.22. Sills v Gotthilf. Facts: X DOCKET 48. Case concluded.
490.25. Giacco v Pennsylvania (USSC) Facts: X DOCKET 118. USSC noted probable jurisdiction.
490.26. California v Collins (Los Angeles Super Ct) Police arrested suspected purse snatchers, white girl, Negro male: 2nd degree robbery, no positive identification. Dec, 1964: DA used Math Prof expert in probability to testify that chances of white girl with blond ponytail being seen with Negro man with beard in yellow car at particular place was 1 in 12 million, to prove "in all probability" Defs guilt. Defs' objection to admission overruled. Convicted. Appeal pending.

Dep Public Defender Donald Ellertson, Esq., Los Angeles.

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

UN DECLARATION OF HUMAN RIGHTS: Arts 1, 2, 7, 8.

500. Elections
Booklet: Mich Civil Rights Comm, Community check list on inter-group tensions. 3 pp. 900 Cadillac Square Bldg, Detroit.
501. Racial Discrimination
UN DECLARATION OF HUMAN RIGHTS: Art 21
501.La.11. Louisiana v US (USSC) Facts: X DOCKET 49, 118. Cite: 380 US 145.

Legislation: Jy 9, 1965: Amdts to La voter registration adopted: eliminates question on age in yrs, months, days; requires reading, writing from preamble to US Const; rephrases questions on residence, morality, character.

501.La.17. Georgetown v Schnebeler (Plaquemine) (18th Jud Dist Ct, #11044) Jy 20, 1965: Mandamus filed to require city officials to hold election under state law to annex Negro ghetto area into city of Plaquemine. Pending.

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

501.Miss.6. US v Ward, Cir Clk and Mississippi (formerly v Green) (George Co) (CA 5) Facts: X DOCKET 51. Jan, 1964: DC denied Def motion to dismiss, substituted newly elected Reg as Def, dismissed as to Def-state, refused to apply freezing principle. May 25, 1965: CA reversed: Action against state justified where pattern or practice exists, DC erred in not so finding, applied freezing principle to undo past discrimination (US v Duke, 501.Miss.2, 332 F2d 759), awarded costs to Pl.
501.Miss.8. US v Dogan (Tallahatchie Co) (ND Miss, Delta Div, #D-C-53-61) Facts: X DOCKET 51. Mar 11-12, 1965: h'g on Pl's petition of Oct 1964; pending.
501.Miss.15. US v Mississippi (SD Miss, #3312) (380 US 128) Facts: X DOCKET 51, 118. Awaiting trial on remand.
501.Miss.16. Gray v Mississippi and Gov Johnson (ND Miss, Greenville Div, #GC 6437)*
501.Miss.19. Re Contested Elections of 5 Mississippi Congressmen (US House of Reps) Facts: X DOCKET 118. Contestants' brief filed, containing factual, legal and historical discussion. Pending.
501.Miss.20. US v Campbell (Sunflower Co) (ND Miss, Greenville Div, #GC633) Sept, 1964: Complaint filed against Def-Reg. Oct 29: DC ordered list of Negroes provisionally registered. Apr 8, 1965: DC found Def registered 80% of white adults, 1.1% of Negro adults, used different procedures for registering Negroes, denied them assistance, falsely advised them they failed tests; held: State a proper party, but no acts shown to justify relief against it; Def-Reg violated 14th and 15th Amdts, 42 USC §1971(a), given 1 yr to correct imbalance allowing Pls to invoke 42 USC §1971(e); permanently enjoined Defs from discriminating in setting registration procedures and standards; ordered Def to reconsider applications of Negroes previously denied.

And see MFDP v Campbell, 501.Miss.20a.

501.Miss.20a. MFDP v Campbell (Sunflower Co) (CA 5) May 1965: Pl sought injunction to delay May municipal elections to Oct so more Negroes could be registered under DC order in 501.Miss.20. May 10: CA dismissed.
501.Va.1. Butts v Harrison (USSC, #28 Misc 1964 Term) Facts: X DOCKET 52, 119. Appeal pending.

Robert L. Segar, Max Dean, Esqs., 804 Detroit St., Flint, Mich.; Len W. Holt, Esq., 250 Nicholson NE, Washington, DC; J. A. Jordan, Esq., 1228 Virginia Beach Blvd., Norfolk, Va.

501.Va.3a. Haskins v Davis (ED Va, Richmond Div, #4304) Apr 14, 1965: suit for injunction, declaration of unconstitutionality of Va C (1950) §§24-17, 24-17.1, 24-67, 24-67.1 under US Const, Amdts 14, 24, for requiring persons who register for fedl elections without paying poll taxes to re-register and pay tax to vote in state and local elections. Sept 9, 1965: 3-judge fedl ct h'g.

Lawrence Speiser, Allison W. Brown, Jr., Lawrence M. Joseph, Esqs., for ACLU, 1101 Vermont Ave. NW, Washington, DC; Robert M. Alexander, Esq., 1829 Columbia Pike, Arlington, Va.

502. Political Discrimination

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502.Calif.3. Otsuka v Hite (Los Angeles Co 2nd Dist Ct of App) Pets refused to register for draft on religious and moral grounds, convicted, served terms in fedl prison. 1964: Pets sued Co Reg for right to register to vote in state, and for ruling Calif Const art 2, §1 unconstitutional for providing: "no person convicted of any infamous crime . . . shall . . . exercise the privileges of an elector in this state . . .". Super Ct held for Def. March 1965: Dist Ct of App affirmed. Petition for hearing to Calif Sup Ct pending; grounds: Section too broad, intrusion by State into area in which fedl Govt has jurisdiction, cruel and unusual punishment.

Richard Petherbridge, Esq., 2591 Riverside Terrace, Los Angeles, for ACLU.

And see cases at 120s.

503. Urban Discrimination
Note: The number of malapportionment cases, and the lengthy fact situations in each case, make it impossible for the DOCKET to continue to list or describe them, despite their significance. For virtually complete coverage of litigation and other developments, see memos, reports, books of opinions by Natl Municipal League, 47 E 68th St, NYC.
504. 14th Amendment §2 Enforcement
505. Residence Requirements

505.1. Carrington v Rash (USSC) (380 US 89) Facts: X DOCKET 53, 119. Mar 1, 1965: USSC reversed (7-1) Stewart, J: Texas voting law deprives servicemen stationed in state of equal protection: " 'Fencing out' from the franchise a sector of the population because of the way they may vote is constitutionally impermissible. 'The exercise of rights so vital to the maintenance of democratic institutions,' . . . cannot constitutionally be obliterated because of a fear of the political views of a particular group of bona fide residents"; Texas permitted resident patients, students, US gov't personnel to vote. Harlan, J, diss.
505.2. Drueding v Devlin (Maryland) (USSC) Facts: X DOCKET 53, 119. Cite: 380 US 125.
510. Jury Selection; Appeals to Prejudice (see also 311)
UN DECLARATION OF HUMAN RIGHTS: Art 10
511. Involving Federal Employees
512. Involving Racial Discrimination
Form: Questions to ask in selecting petit jurors. CIVIL RIGHTS HANDBOOK pp 74a-74f.

Practice tips: Procedure for proving systematic exclusion of Negroes from grand and petit juries in state cases, by Kinoy, Stavis, Conley, Bradley. CIVIL RIGHTS HANDBOOK pp 125-129.


512.Ala.3. Seals v Alabama (USSC, #465 Misc) (165 So2d 742) Facts: X DOCKET 53, 119. Je, 1963: on retrial, convicted: life. Trial ct denied motion for free transcript for appeal, waiving clerk's fees. Ala Sup Ct affirmed denial: transcript would cost $2,000; Def already paid $9,000 for legal expenses; Def's mother earns $90/mth, has $2,000 home; Def not "destitute of property or means of comfortable subsistence." Mar 8, 1965: USSC reversed, per curiam: on record, Pet is indigent.
512.Ala.5. Swain v Alabama (USSC) Facts: X DOCKET 53, 119. Cite: 380 US 202.
512.Ala.8. Blauvelt v Holman (MD Ala, #2116-N) (237 F Supp 385) Aug 25, 1964: White Def convicted of murder, filed for habeas writ: systematic exclusion of Negroes from jury. Nov 9, 1964: DC denied: since Def not a Negro, lacked standing.
512.Ala.9. Alabama v Billingsley, Butler, Liddell (Etowa Co Cir Ct) (10 RRLR 376) Def Negroes indicted for rape; at preliminary hearing raised systematic exclusion of Negroes from jury. Trial judge found: of 6,075 jurors on Co roll, only 95 Negroes; noted conviction likely to be reversed if trial held; ordered jury commn to make up new list acceptable under fedl standards.
512.Ark.2. Stewart v Arkansas (USSC) (375 SW2d 804) Facts: X DOCKET 54. Dec 7, 1964: USSC denied Def's petition for cert.
512.Calif.2. California v Rideaux (Calif Sup Ct) (393 P2d 703) Facts: X DOCKET 120.

Virgil Becker, Esq., Wilmington, Calif.

512.Ga.5. Whitus and Davis v Balkcom, Warden (USSC) Facts: X DOCKET 54, 120. Cite for cert den: 379 US 931.
512.Ga.6. Allen v Georgia (Ct of App) Facts: X DOCKET 120.

C. B. King, Esq., Box 1024, Albany, Ga.; Thomas Jackson, Esq., Macon, Ga.

Case notes: 78 Harvard 667, 43 NC 404.

512.Ga.7. Vanleeward v Georgia (USSC, #668 Misc) Facts: X DOCKET 120. Apr 26, 1965: USSC denied cert.

D. L. Hollowell, Esq., 859½ Hunter St. NW, Atlanta; Albert Thompson, Esq., Columbus, Ga.

512.Ga.10. Bruner v Patterson (Tifton) (Super Ct) Def-Negro man towing wife's car behind his truck; Pl-white couple allegedly ran into Def's car. Pl's wife sued Defs, alleging injury; Defs retained white attorney; after trial, verdict for Pl's wife: $1,000. Pl sued Defs for back pains: $25,000. Defs' new Negro attorney filed motion to quash civil jury panel: racial discrimination in selection. Dec 16, 1964: Trial ct sustained Pl's demurrer to Defs' motion; after trial, verdict for Pl: $5,000. After trial, judge told Defs' attorney his motion to quash had never been properly filed with Clerk, tho Ct Clerk had said it was on file. No appeal by Defs because they are uncollectible.

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) Facts: X DOCKET 55, 120. In CA appeal, Def introduced affidavit of statistician: 4 Negroes of 300 on preliminary parish jury panel, none of 150 on final panel, less than 1 in a million chance of impartially selected jury in this case; of 181,775 Negroes in parish, none ever on petit jury trying Negro Def, only 1 on petit jury trying any Def, none on petit jury which tried Pet. Pending.
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512.La.3a. Labat, et al v La State Penitentiary (Angola) (ED La) 1965: Pl, (Def in 512.La.3), and 27 others on death row, sued to enjoin Def officials from limiting mail to and from them under La statute re limiting "access" to Def's lawyer, minister, dr, immediate family. Pending.

La CLU, 305 Baronne St., New Orleans.

512.La.12. Louisiana v Barksdale (USSC) (170 So2d 374, 10 RRLR 378) Facts: X DOCKET 55. Def convicted. Dec 12, 1964: La Sup Ct affirmed: no jury discrimination shown because uneducated Negroes cannot qualify for jury service; peremptory challenges to exclude remaining Negroes not unconstitutional. Rehearing denied. Appeal pending.

Nils Douglas, Lolis Elie, Robert Collins, Esqs., 2211 Dryades St., New Orleans.

512.La.14. Collins v Hanchey, Warden (formerly v Walker) Facts: X DOCKET 55, 120. Cite for cert den: 379 US 901.

Case notes: 50 Iowa 619-28; 36 Mississippi 243-45.

512.La.16. US ex rel Mack and Williams v Walker (ED La #715) Facts: X DOCKET 120.

James Domengeaux, Bob Wright, Esqs., Lafayette, La; Jacob Landry, Esq., New Iberia, Fla.

512.Miss.6. Harper v Mississippi (Miss Sup Ct #42767) (10 RRLR 385) Facts: X DOCKET 120. Cite: 171 So2d 129.
512.Miss.8. Bass v Mississippi (Miss Sup Ct) Dec 1964: Def Negro convicted of rape: death. Issues on appeal: systematic exclusion of Negroes from grand and petit juries, introduction of illegally seized evidence, refusal of trial ct to permit production of contemporaneous notes by FBI agents who testified re chemical tests on prosecution evidence. Pending.

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

512.Miss.9. Smith v Mississippi (Miss Sup Ct, #43103) Dec 7, 1964: Sup Ct reversed Def's conviction, held that sheriffs and deputies may not serve as bailiffs to jury they helped select: this "could only carry a presumption of bias or prejudice."

Zachary & Weldex, Esqs., Hattiesburg, Miss.

512.NY.5. Epton v Hogan (SD NY) Aug 2, 1964: Pls indicted by Def grand jurors: Epton, 54.9, 54.9a, 54.9b, Barrett, 333.20, Gilligan, 304.61. Mar 2, 1965: Pls sued Def DA, police commr, mayor, jurors for: 3-judge ct h'g on method of selecting all-white, wealthy grand jurors, injunction against Defs' wiretapping, shadowing Pls, finding void NY Pen Law §§161, 166, 2097, Judic Law §§590, 609, $50,000 damages.

Eric W. Schmidt, Esq., 11 Park Pl, NYC; J. A. Jordan, Esq., 1228 E. Va. Beach Blvd., Norfolk, Va.; L. W. Holt, Esq., 250 Nicolson NE, Washington, DC.

And see cases at 304.

512.NM.1. Torres v US (CA 10) (333 F2d 99) Facts: X DOCKET 121.

Robert Hanna, Esq., Albuquerque, NM.

512.NC.5. North Carolina v Wilson (NC Sup Ct #149) Facts: X DOCKET 121.

Charles Bell, Esq., Charlotte, NC.

513. Involving Economic Discrimination
And see Epton, 512.NY.5.
514. Involving Political Discrimination
515. Involving Discrimination Against Women
520. Education
UN DECLARATION OF HUMAN RIGHTS: Art 26.

Checklist: Integration in education—approaches, incl 1964 Civil Rights Act §§402-407. CIVIL RIGHTS HANDBOOK pp 301-305.

Scholarships: CORE Fund Grants to 44 students up to $1500 each, 150 Nassau, NYC.

521. Challenges to Unequal Facilities
522. Suits to Enforce Integration

522.Ala.5. Lee and US v Macon Co Bd of Educ, State Bd of Educ (Tuskegee) (MD Ala, E Div, #604-E) Facts: X DOCKET 57. Jy, 1964: Def filed plan with 3-judge ct: 1965—desegregate 2d grade, 1966—3d and 8th, 1967—4th and 7th, 1968—5th and 6th. May 16, 1965: DC modified plan: 7th grade by Sept 1965; ordered new plan filed Jan 15, 1966: Macon Academy to answer charge it had become public institution. Pending.
522.Ala.7a. Davis v Bd of School Commrs (Mobile Co) (SD Ala, #3003-63) (cd 379 US 844) Facts: X DOCKET 57, 121. Motion for further relief filed: stop assigning pupils under gerrymandered school line, change transfer procedures, desegregate faculty. DC approved Bd's plan in all important respects. Pls appeal pending.
522.Ala.8. US v Bd of Educ (Madison Co) (USSC) Facts: X DOCKET 57, 121. Cite for cert denied: 379 US 929.
522.Ala.8a. Bennett v Bd of Educ (Madison Co) (ND Ala, #63613) Facts: X DOCKET 57. New plan submitted. Jy 27, 1964: Pls' objections heard; DC approved plan with modifications. Token integration has occurred in affected grades.
522.Ala.12. Harris v School Bd (Bullock Co) (MD Ala, #2073N) Facts: X DOCKET 58. Plans submitted requiring desegregation of two grades a year. Objections filed. Apr 5, 1965: DC upheld plan; grades 7-12 desegregated; parents must apply for transfers.
522.Ala.13. Carr v School Bd (Montgomery Co) (MD Ala, #2072-N) Facts: X DOCKET 58. Jan 16, 1965: Def filed plan proposing desegregation of 2 grades a yr, pupil placement. Apr 5, 1965: after h'g Pl's objections, DC accepted plan with qualifications: 7th grade added, notice by mail to parents of pupils affected required.
522.Ala.14. Pls v Bd of Educ (Bessemer) (ND Ala) Pl parents filed desegregation suit: end to assignment of students and teachers on basis of race, allotment of funds based on racial considerations. Pending.
522.Ark.3a. Clark v Matson (Little Rock) (ED Ark, #3113) April 22, 1965: Def School Bd voluntarily shifted from pupil placement to freedom of choice. May 21: Negro Pls filed objection in DC: plan inadequate, does not establish school zones on nonracial basis; provide for teacher desegregation; will cause additional delay; Def under ct order to end segregation by affirmative action, Cooper, 522.Ark.3; if plan upheld, Pl's request right to make new choices for 1965-66 after Negro parents properly notified. No hearing set.

John Walker, Esq., 700 W. 9th St., Little Rock; NAACP Inc. Fund.

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522.Ark.6. Whitfield v Univ of Ark Bd of Trs (ED Ark, W Div) Facts: X DOCKET 58. May 6, 1965: DC entered consent order: unlawful to segregate in any manner including scholarships, housing, athletics. Def announced intention to comply in good faith.

Harold Anderson, Esq., Century Life Ins Bldg., Little Rock; George Howard, Jr., Esq., 329½ Main, Pine Bluff, Ark.; John Walker, Esq., 1271 Ave. of the Americas, NYC.

522.Ark.7. Rogers v Paul (Fort Smith) (WD Ark, #1741) Facts: X DOCKET 58, 121. May 7, 1965: CA 7 affirmed, noted Negro school fully accredited, so "transfer would constitute discriminatory action in (Pl's) favor...."
522.Ark.8. Yarbrough v Weaver (W Memphis) (ED Ark) Apr 20, 1965: Def Bd filed freedom of choice plan covering first six grades this year, three more in 1966, top three in 1967. Negro Pls filed objections: burden placed on Negroes to state preference to get into white school; fear of economic reprisal. May 26, 1965: h'g.
522.Ark.9. Kemp v School Dist (Eldorado) (WD Ark) Oct 1964: Desegregation suit filed for 7 Negro pupils. Mar 1, 1965: Def's plan to DC: 2 grades/yr. Pl's objected; Bd modified: 1965: 2 grades, 1966: 4, 1967: 6; DC approved. Pl's appeal pending.

George Howard, Esq., 329½ Main, Pine Bluff, Ark.

522.Calif.4. Keller v Unified School Dist (Sacramento City) Facts: X DOCKET 58. Bd did not appeal. Pls accept Bd's interim plan; new schools to be built.
522.Fla.2. Gibson v Bd of Pub Inst (Dade Co) (SD Fla, #6978-M-Civ) Facts: X DOCKET 58.

Edwin L. Davis, Esq., 941 NW 2d Ave., and G. E. Graves, Jr., Esq., 802 NW 2d Ave., both of Miami.

522.Fla.3. Manning v Bd of Pub Inst of Hillsborough Co (Tampa) (SD Fla, #3554) Facts: X DOCKET 58. Def submitted voluntary proposal to amend plan of desegregation. Pending.
522.Fla.5. Augustus v Bd of Pub Educ (Escambia Co) (ND Fla, #1064) Facts: X DOCKET 58. Mar, 1965: Bd rejected 27 Negro applicants for transfers: "low" test scores. Mar 15: Motion for further relief denied. Mar 26: Defs refused to stipulate to facts of refusal of 27 transfers. April 20: DC ordered both sides to submit summaries of claims. Decision pending.
522.Fla.6. Tillman v Bd of Pub Inst (Volusia Co) (SD Fla, Jacksonville Div, #4501) Facts: X DOCKET 59. Mar, 1965: 2d motion for further relief filed. April 1: Def filed voluntary proposal to accelerate plan. DC approved without prejudice to Pl's motion for further relief. May 28: Def's filed amendment to provide more rapid desegregation.

Earl M. Johnson, Esq., 625 West Union, Jacksonville, Fla.

522.Fla.7. Bd of Pub Inst, Duval Co v Braxton (Jacksonville) (SD Fla, #4598) Facts: X DOCKET 59, 121. Mar 26, 1965: Another motion for further relief filed: assignment and zone requested, in alternative, acceleration of plan to reach grades 1-9 by Sept '65, 10-12 by Sept, '66, integration of athletics and teacher desegregation sought.
522.Fla.9. Weaver v Bd of Pub Inst (Brevard Co) (SD Fla, Orlando Div, #1172) Facts: X DOCKET 59.

Jerome Bornstein, Esq., 56 E. Pine, Orlando, Florida.

522.Fla.12. Steele v Bd of Pub Inst (Leon Co) (ND Fla, #854) Facts: X DOCKET 59. Jan 20, 1965: Ct held Defs carrying out previous order. Pl's Atty wrote asking judge if motion for further relief should be deemed denied by this opinion. No answer. Feb 20: Motion for evidentiary hearing filed.
522.Fla.13. Mills v Bd of Pub Inst (Polk Co) (MD Fla, #6350) Facts: X DOCKET 59, 121. Mar 16, 1965: Ct entered order approving desegregation plan.
522.Fla.17. Hammond v Univ of Tampa (MD Fla, #63-51) Facts: X DOCKET 59. Je 1, 1965: CA 5 reversed DC dismissal of suit, and remanded.
522.Fla.19. Major v Bd of Pub Inst (Monroe Co) (SD Fla, #64331) Facts: X DOCKET 59. Apr 2, 1965: Motion for summary judgment filed. May 4: DC approved plan except for proposal allowing white families on nearby Navy base to send children to other than nearby Negro school: students on base to attend nearest school regardless of race. Def officials showed concern: order would force whites to attend predominately Negro school admittedly in deplorable condition. May 28: Defs filed amendment of plan providing for closing Negro school, for moving all students into white schools. June 2: Pls filed approval.

Harold L. Braynon, Esq., 6825 NW 15th Ave., Miami.

522.Fla.22. Wright v Bd of Pub Inst (Alachua Co) (ND Fla, #367) Facts: X DOCKET 60. Nov 20, 1964: Answers to interrogatories filed. March 25: Depositions taken. April 6, 1965: after h'g, consent decree signed. April 14: Pls filed motion to supplement record and amend decree.

Earl M. Johnson, Esq., 625 W. Union St., Jacksonville.

522.Fla.23. Harvest v Bd of Pub Inst (Manatee Co) (MD Fla, #65-12) Facts: X DOCKET 121. June 9, 1965: Final consent decree entered.

Earl M. Johnson, Esq., 625 W. Union St., Jacksonville.

522.Fla.26. Sharpton v Bd of Pub Inst (Indian River Co) (DC Fla, #64-721) 1964: Desegregation suit filed. Def filed plan: abolition of dual zones at grade-a-yr starting 1965-66. Apr 16, 1965: consent decree signed.

Earl M. Johnson, Esq., W. Union St., Jacksonville.

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522.Ga.3. Calhoun v Latimer (Atlanta) (CA 5) Facts: X DOCKET 60. Feb 15, 1965: Further hearing held. DC ordered desegregation of one additional grade, approved Bd's plan. On appeal before CA 5.
522.Ga.6. Roberts v Stell (Savannah-Chatham) (USSC) Facts: X DOCKET 60, 121. Cite for cert denied: 379 US 933.

E. H. Gadsden, Esq., 458½ W. Broad St., Savannah, Ga.

522.Ga.8. Gaines v Bd of Educ (Dougherty Co) (CA 5) Facts: X DOCKET 60, 121. 1965: USSC denied Def's motion for stay. Grades 1-4, 11-12 desegregated. 200 students applied, accepted.
522.Ga.10. Bivins v Bd of Pub Educ (Bibb Co) (CA 5) Facts: X DOCKET 60. CA 5 ordered freedom of choice in grades 1, 9-12 for 1965 with all grades covered by fall, 1968; integration of teachers may be delayed. Apr 27, 1965: On remand, plan amended to conform with CA ruling.
522.Ga.11. Bryan and Lockett v Bd of Educ (Muscogee Co) (CA 5, #21662) (342 F2d 225) Facts: X DOCKET 61. Mar 29, 1965: CA affirmed DC denial of injunction, reversed DC approval of Bd's plan, ordered 1st grade incl in 1965, held 4 yrs maximum for total desegregation: "The later the start, the shorter the time allowed for transition."

Donald L. Hollowell, Esq., 869½ Hunter St NW, Atlanta; NAACP Inc. Fund, NYC.

522.Ga.13. Harrington v Bd of Educ (Colquitt Co, City of Moultrie) (MD Ga, Thomasville Div, #728) Facts: X DOCKET 122. Feb 23, 1965: DC entered injunction requiring Def to submit plan within 30 days, rejected Pl's proof that Negro schools so inferior in quality that complete desegregation should be ordered immediately; approved freedom of choice plan for grades 1, 2, 12 in 1965, then minimum of 3 grades each yr.
522.Ga.14. Thomie v Bd of Educ (Houston Co) (MD Ga, #2077) April 9, 1965: Pl parents filed suit requesting desegregation of school district; pending.
522.Ill.1b. Bd. of Educ v Chicago NAACP (CA 7, #65 C 942) May 27, 1965: Defs announced plans to protest de facto segregation in schools by 2 day boycott. Je 8: Pl filed for injunction against encouraging pupils to stay out of school. Cir Ct granted injunction without hearing. Je 9: Defs filed petition for removal. DC remanded sua sponte. Je 10: Appeal to CA pending. Je 17: 526 demonstrators arrested in protest of re-hiring of Supt of Schools, demanded fedl funds cut off. Je 28: 50 arrested in street sit-in; Jy 9: 10 arrested. Jy 11: 27 arrested: obstructing traffic. Pending.

Garland W. Watt, Esq., 30 W. Washington St., and Raymond E. Harth, Esq., 109 N. Dearborn St., Eric E. Graham, Esq., 166 W. Washington St., and Norman E. Lapping Esq., 33 N. LaSalle St., all of Chicago.

And see cases at 55., 63., 73.

522.Kan.2. Downs v Bd of Educ (Kansas City) (USSC) (336 F2d 988, cd 85 S Ct 898) Facts: X DOCKET 61, 122. Mar 1, 1965: USSC denied cert; Douglas, J, diss.
522.La.1. Bush v School Bd (Orleans Parish) (Ed La, #3630) Facts: X DOCKET 61. April 22, 1965: Further hearings held. April 23: DC orally ordered desegregation stepped up to 2 grades per yr. Awaiting formal order and opinion.
522.La.2. Hall v School Bd (St Helena Parish) (ED La, Baton Rouge Div, #3630) Facts: X DOCKET 61, 122. Bd denied all applications for transfer in 1965. May 28, 1965: Justice Dept filed suit in DC requesting acceleration of desegregation process; alleged order of Aug 6, 1964 not complied with; requirements set for Negroes seeking transfers not applicable to whites. Pending.
522.La.3. Angel v La State Bd of Educ (La Trade Schools) (ED La, #1658) Facts: X DOCKET 62. May 7, 1965: DC issued permanent injunction against racial discrimination at state vocational schools, and blanket ruling under 1964 Civil Rights Act, Tit IV.
522.La.3a. Williams v State Bd of Educ (Avoyelles Vo-Technical Institute) (ED La, Baton Rouge Div) Facts: X DOCKET 122. May 7, 1965: DC declined to hear suit, held injunction issued in Angel, 522.La.3, applies to this case.
522.La.4. Davis v E Baton Rouge Parish School Bd (ED La, Baton Rouge Div, #1662) Facts: X DOCKET 62. June 2, 1965: DC directed: Def to accelerate grade-a-year desegregation plan to complete process by 1968-69 term; grades 1 and 2 to be covered fall 1966; denied request for desegregation of teachers and administrators.
522.La.14. US v School Bd (Bossier Parish) (USSC) Facts: X DOCKET 62, 122. Cite for cert denied: 379 US 1000.
522.La.14a. Lemon and US v Bd of Educ (Bossier Parish) (WD La, Shreveport Div) Facts: X DOCKET 122. April 13, 1965: DC issued permanent injunction against racial discrimination; ordered Def to submit plan within 30 days providing for complete desegregation within 4 yrs; no action taken on request to desegregate administrative officials.
522.La.15. Booker v School Bd (Calcasieu Parish) (WD La, Civ #9981-2C) Facts: X DOCKET 62. Mar, 1965: DC ordered Defs to submit plan; 3-yr plan submitted: 1st, 12th grades first, work downward 3 grades per yr. DC approved plan.
522.La.16. Conley v School Bd (Lake Charles) (WD La, Civ #9981) Facts: X DOCKET 61, 122. Mar 29, 1965: Def submitted plan identical with 522.La.15. DC approved.
522.La.18. McCoy v La State Bd of Educ (Northeast State College) (CA 5) Facts: X DOCKET 62, 122. May 25, 1965: CA reversed DC, thus reaffirming its earlier decision.
522.La.19. Welch v La State Bd of Educ (Southern Univ) (ED La) Facts: X DOCKET 62. May, 1964: DC found for Pl; granted mandatory and prohibitory injunction.

A. P. Tureaud, Esq., and Antoine Trudeau, Esq., 1821 Orleans Ave., New Orleans.

And see Jamieson, 522.La.33.

522.La.24. Valley v Bd of Educ (Rapides Parish) (WD La, Alexandria Div) Facts: X DOCKET 122. DC found for Def. Pl's appeal pending before CA 5.
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522.La.28. Carter v School Bd (W Feliciana) (ED La, Baton Rouge Div, #3248) July 22, 1965: Complaint asks for total desegregation by 1967 term. Pending.

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

522.La.29. Smith v Parish School Bd (St Tammany) (ED La, New Orleans Div, #15463) Apr 6, 1965: Suit by Negro resident seeking injunction against issuance of $1,995,000 in school construction bonds because schools segregated. May 14: DC ordered Bd to present desegregation plan. May 19: Formal desegregation plan submitted completing process in 4, not 6, yrs, eliminating attendance zones. DC approved.

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

522.La.30. Trahan v School Bd (Lafayette Parish) (WD La, #10903) May 12, 1965: DC ordered Defs to submit plans within 20 days for desegregation beginning Sept 1965; rejected Defs' argument that racial classification is constitutional since the 2 races are physically, mentally different.

Same facts, status in:

522.La.31. Monteilh v Parish School Bd (St Landry) (WD La)*
522.La.32. Dandridge v School Bd (Jefferson Parish) (ED La)*
522.La.33. Jamieson v Louisiana State Bd of Educ (ED La) White woman sued to gain admittance to Grambling College, a Negro school. Pending.

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

And see Welch, 522.La.19.

522.La.34. Burton v Louisiana Bd of Educ; Potts v McKeithen (ED La, Baton Rouge Div, Civ ##3131, 3128) (10 RRLR 116) Feb 1, 1965: Negro Pls sought injunctive relief against discrimination in admission to state colleges. Defs admitted all allegations; offered no defense. DC entered permanent injunction: named Pls to be admitted on same basis as whites; no racial discrimination with respect to others similarly situated.
522.La.35. 25 Pls v Tugwell, La Treas, Theriot, Auditor, State Bd of Educ (ED La) Feb 17, 1965: Pl Negroes sued to halt distribution of state funds to segregated schools. DC granted Defs' motion to dismiss: La law prohibits state Bd from interfering with local school bds. Pls did not name right Defs. Pls did not appeal; filed new suits: 522.La.36-522.La.41.
522.La.36. Gordon v School Bd (Jefferson Davis Parish) (WD La) May 1964: Suit filed for injunction against operating segregated school system and making financial disbursements on basis of race. Pending.

Same facts, status in:

522.La.37. Jones v School Bd (Caddo Parish) (WD La)*
522.La.38. Robertson v School Bd (Natchitoches Parish) (WD La)*
522.La.39. Graham v School Bd (Evangeline Parish) (WD La)*
522.La.40. Moore v School Bd (Tangipahoa Parish) (ED La)*
522.La.41. Dunn v School Bd (Livingston Parish) (ED La)*
522.Md.7. Re Complaint of CORE v Bd of Educ (Prince Georges Co) Complaint alleged Co enforces strict neighborhood school system on white residents but not on Negroes, Negroes bused to small number of Negro schools. May 27, 1965: US Office of Educ withheld fedl aid from Co schools for 1965 fiscal year.
522.Mass.1. Barksdale v School Comm (Springfield) (CA 1) (237 F Supp 543) Facts: X DOCKET 123. Spring 1965: DC order stayed pending appeal.

Henry Weissman, Esq., 1570 Main St.; J. Clifford Clarkson, Esq., 1597 Main St., both of Springfield; Robert Carter, Esq., NAACP, 20 W. 40th St., NYC.

And see 12 Defs, 51.Mass.1.

522.Miss.2. Evers v Muni Separate School Dist (Jackson) (CA 5, ##20824, 20825, 20826) Facts: X DOCKET 63, 123. Aug 1, 1965: CA ordered first 3 grades, 12th grade integrated by Sept, 1965.
522.Miss.11. Pls v Bd of Educ (Clark Co, Enterprise Dist, Quitman Dist) (SD Miss) Pls, Negroes, sued: inadequacy, inequality of Negro schools; sought desegregation order. May 27, 1965: DC issued temporary injunction against Enterprise to halt segregation; ruled not enough evidence for injunctions against other 2.
522.Miss.12. Pls v School Dist (Meridian) (SD Miss) Pls sued: Negro schools inadequate, inferior to white; Negroes unable to transfer to white schools. May 27, 1965: DC ordered Def Bd to submit by Jy 15 desegregation plan: at least one grade 1965, grade a yr thereafter.
522.NJ.5. Booker v Bd of Educ (City of Plainfield) (NJ Sup Ct) Sept 1962: Pls, Negro parents, petitioned State Commr of Educ for desegregation of 11 city elementary schools. June 1963: Commr found for Pls, ordered Bd to end de facto segregation. Bd implemented plan which created central 6th grade for city, reduced heavy concentration of Negroes in only 1 school, left other areas unchanged. Nov 1963: State Bd of Educ affirmed Commr. Pls appealed. June 28, 1965: Sup Ct reversed Commr's decision in part: he had adopted an unduly restrictive view re scope of his own function in reviewing, supervising local action, in correcting substantial racial imbalance and proposing further action.

William Wright, Jr., Esq., 201 E. 5th St., Plainfield; Herbert T. Tate, Esq., 126 Court St., Newark; Robert L. Carter, Esq., 20 W. 40th St., NYC, for NAACP.

522.NY.11. Dixon v Bd of Educ (Buffalo) Feb 16, 1965: State Commr ordered Def to submit plan by May 1 to eliminate racial imbalance. July 23: NY Sup Ct upheld Commr's right to order desegregation.
522.NC.11a. Swann v Bd of Educ (Charlotte-Mecklenburg) (WD NC) Jan 1965: Pl Negro parents sued to prevent Def from assigning Negro children to schools not included in Def's recently approved desegregation plan, and against minority transfers. Pending.
522.NC.13a. Farmer v Bd of Educ (Greene Co) (CA 4, #9125) Facts: X DOCKET 64. Mar 1965: Consent order entered. US Dept of Educ rejected plan. Parties to submit modified order.
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522.NC.14. Wheeler v Bd of Educ (Durham City) (CA 4) and
522.NC.14a. Spaulding v Bd of Educ (Durham City) (CA 4) Facts: X DOCKET 64. Je 1, 1965: CA found Defs assigning pupils on unconstitutional basis: found geographical districts here foster segregation. Pending on remand.
522.NC.14b. Thompson v Bd of Educ (Durham Co) (MD NC, Greensboro Div) Jy 23, 1963: Pl-Negroes filed school desegregation suit. May 10, 1965: Def proposed plan offering 3-step "freedom of choice" to be completed in 3 yrs. DC approved with consent of both parties.
522.NC.25. DuBissette v Bd of Educ (Carbarrus Co) (MD NC, Salisbury Div, #C-190-S-63) Facts: X DOCKET 65. Agreement renewed for 1965-66, reserving Pl's right to renew teacher desegregation request. US Dept of Educ rejected plan.
522.NC.27. Gill v Bd of Educ (Concord City) (MD NC, #C-223-S-63) Facts: X DOCKET 65. May 11, 1965: Parties agreed to consent order but no provision made for teacher desegregation. May 12: DC ordered parties to work out agreement for subsequent yrs by Mar 15, 1966; Def must send written notice of school assignments at end of school year; parents may request reassignment in 30 days.
522.NC.29. Bowditch v Bd of Educ (Buncombe Co) (CA 4) (10 RRLR 161) Facts: X DOCKET 65. Apr 7, 1965: CA affirmed, with modification of plan to include integration of high schools within Dist.
522.NC.31. Sowers v Bd of Educ (Lexington) (MD NC, #20-S-64) Facts: X DOCKET 65. Mar 15, 1965: DC entered consent order.

Julius Chambers, Esq., 405½ E. Trade St., Charlotte.

522.NC.32. Nesbitt v Bd of Educ (Statesville) (CA 4) (10 RRLR 169) Facts: X DOCKET 65. Apr 7, 1965: CA remanded for modification of plan to eliminate segregation in initial pupil assignments, not just allow later transfers out of segregated schools. Pls filed objections, moved to add NC Teachers Assn as Def. Jy 6: h'g.
522.NC.34. Barrow v Bd of Educ (Washington City) (ED NC) Facts: X DOCKET 123. Jan 1965: DC ordered open enrollment plan put into effect. 7 students transferred immediately. Pls rejected proposed 1965-66 plan because it did not desegregate teachers.
522.NC.38. Hickman v Bd of Educ (Craven Co) (ED NC, #637) Facts: X DOCKET 123. Mar, 1965: Parties agreed to plan which included desegregation of teachers.
522.Ohio.3. Ward v Bd of Educ (Cleveland) (Ct of Com Pleas) Apr 24, 1964: Pls, taxpayers, filed suit seeking injunction to halt school construction until schools integrated. May 8: Ct denied injunction. Pending.

James A. Haynes, Esq., 5424 Woodland Ave.; Louis L. Stokes, Esq., 2584 E. 55th St., both Cleveland.

522.Pa.1a. Re Girard College (Philadelphia) (Int Rev Serv) After earlier suit, II DOCKET 52—IV DOCKET 61, cd 357 US 570 (1958), City Bd of Trs replaced by private bd, which continued to operate under 1841 will of donor that school for "poor, white male orphans." May 1-Jy 12, 1965: Daily picketing by NAACP chap; May 5: 8 arrested: inciting to riot, breach of peace, disorderly conduct, $500 bail; Je 25: 19 arrested: inciting to riot, assaulting police; Jy 12: 5 arrested. May 25: NAACP filed petition for review of school's tax exempt status under Int Rev C §501-C-3 as "public charity." Pending.

A. Samuel Dashiell, Esq., Philadelphia.

And see Rice Univ, 522.Tex.24.

522.SC.14. NAACP v SC Dept of Educ (ED SC) Mar 1965: Def began payments of $127/pupil to parents as tuition grants to segregated white schools. Pl moved to enjoin payments. DC granted injunction as to Charleston. White parents intervened, sought dismissal. May 26, 1965: DC denied request: "it is the public interest which commends the maintenance of the status quo pending determination of the constitutional questions involved."
522.Tenn.7. Northcross v Memphis Bd of Educ (WD Tenn, #3931) Facts: X DOCKET 67. Je 12, 1964: CA decision requiring DC h'g on remand. No hearing obtained. Interrogatories filed. New motion for further relief filed, hearing set for July, 1965.
522.Tenn.10. Sloan v 10th School Dist (Wilson Co) (MD Tenn, Nashville Div, #3107) Facts: X DOCKET 124. Dec 31, 1964: Def submitted plan: employment of teachers, other personnel without regard to race. Apr 17, 1965: DC approved.

Avon Williams, Jr., Esq., 327 Charlotte Ave., Nashville.

522.Tenn.11. Vick v Bd of Educ (Obion Co) (WD Tenn, #1259) Facts: X DOCKET 68. Pls filed motion for further relief alleging Negro students exposed to humiliation. May 14, 1965: Def denied allegation; moved DC to close case. Je 18, 1965: h'g.
522.Tenn.12. Monroe v Bd of Educ (Jackson) (WD Tenn, #327) Facts: X DOCKET 68. Correction: Plan not approved. Pls claim zones gerrymandered, teacher segregation retained. May 28-Je 18, 1965: h'gs.
522.Tenn.13. Robinson v Brown (Monroe Co) (WD Tenn) Facts: IX DOCKET 114. Apr 14, 1965: Pls filed motion for further relief: Negroes not given sufficient time to register for 1965-66 term. May 11, 1965: Def denied charges. Je 25: h'g.
522.Tenn.15. Hill v Bd of Educ (Franklin Co) (ED Tenn, Winchester Div, #668) Facts: X DOCKET 68. Dec, 1964: Appeals dismissed; Bd filed plan to cover all elementary schools by 1965-66, all secondary schools by 1966-67. Feb 5: objections filed. DC overruled; case closed subject to Pls' right to reopen for hg on request.
522.Tex.24. Rice Univ v Carr (Tex Ct of Civ App) Facts: X DOCKET 68. Mar 9, 1965: Co Ct held for Pl-Trs, permitted deviation from donor's will limiting enrollment to whites. Feb 4: Ct of Civ App dism'd appeal for want of jurisdiction.

And see Girard College, 522.Pa.1a.

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522.Tex.25. Price v Ind School District (Denison) (ED Tex, #1565) Facts: X DOCKET 69. Apr 23, 1964: CA 5 reversed and remanded. Jy 7: Defs filed plan for total desegregation. Jy 19: DC approved.
522.Va.1. Allen v School Bd (Prince Edward Co) (ED Va) Facts: X DOCKET 69, 124. May 20, 1965: Pl petitioned DC to order Def to reopen formerly all-white high school: when Bd began operating under fedl ct order, it did not open all schools, causing crowding in opened schools; incentive needed for whites to enroll in public nonsegregated system instead of continuing in private segregated system. Pending.
522.Va.14a. Bradley v School Bd (Richmond) (CA 3, #9471) (10 RRLR 179) Facts: X DOCKET 69. Apr 7, 1965: CA 4 upheld DC's approval of Def's plan, even though it permitted Negro students to remain in Negro schools if they wished: law doesn't require that Negroes be forced to leave their customary schools.
522.Va.30. Gilliam v School Bd (Hopewell) (ED Va, Richmond Div, #3579; CA 4, # #9625-9626) (8 RRLR 1467 (DC 1963), 9 RRLR 747 (CA 1964), 10 RRLR 190 (CA 1965)) Facts: X DOCKET 70. Apr 1964: DC disapproved Def's plan. Jy: DC approved new plan: free choice. Both sides appealed. Apr 7, 1965: CA 4 affirmed: geographic boundary lines, "feeder" system to high school approved: irrelevant that they encourage de facto segregation.
523. Suits to Prevent Integration (see also 204, 213, 223, 522)

523.NJ.3. Schultz v Bd of Educ (Teaneck) (Bergen Co Super Ct, App Div, #A-1125) (205 A2d 762) Je 5, 1964: Pls, student, taxpayers, parents, sought injunctive relief against school reorganization plan: adopted in violation of neighborhood school principle at private meeting in violation of state educ laws. June 20: Ct dismissed: failure to exhaust remedies with State Comm'r of Educ. Dec 18: App Div affirmed, held: neighborhood concept not immutable, local bd may deviate to correct de facto segregation; no constitutional objection to taking affirmative action to reduce racial inbalance; allegation of secret action by Bd does not excuse Pls from exhausting remedy with Comm'r.
523.NY.4. Addabbo v Donovan (NYC) (NY Sup Ct, App Div, 2d Dept) (10 RRLR 148) Facts: X DOCKET 71, 125. Cite: 256 NYS2d 178. Correction: Decision in Jan 1965.
523.NY.5. Blumberg v Donovan (NYC) (Queens Sup Ct, Spec Term, #5065) (10 RRLR 152) Facts: X DOCKET 71, 125.
523.NY.7a. Application of Katalinic v Syracuse (Onondaga Co Sup Ct) (254 NYS2d 960) May 12, 1964: Bd of Educ resolved to close Negro jr high and transfer students to white school. Pl white parents sought order annulling resolution as arbitrary, violating neighborhood school concepts, designed to alleviate racial imbalance. Aug 18: Sup Ct dismissed petition: found students of closed school received better education in white school; Bd has power to act to correct racial imbalance.
524. Miscellaneous Suits to End Segregation (see also 555)
530. Housing — Racial Discrimination (see also 423)
UN DECLARATION OF HUMAN RIGHTS: Art 17 (1)

List: State statutes and ordinances prohibiting discrimination in housing. CIVIL RIGHTS HANDBOOK pp 314-317.

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

531.15. Gilbert v Stamford (formerly Citizens for Fairer Urban Renewal v) (Super Ct, #7451) Facts: X DOCKET 125. Settled: agreement made to build more moderate-rent housing units.

Goldstein & Peck, Esqs., 955 Main St., Bridgeport; Wise & Wise, Esqs., 74 W Park Place, Stamford, both Conn.

531.16. Hill v Huger (Fla Sup Ct) (171 So2d 167) Negro Pls sought to enjoin urban renewal project: racial discrimination, malapportioned composition of city commn. Je 6, 1964: Ct denied relief re renewal project, invalidated sections of city charter authorizing discrimination in establishment of election zones. Jan 20, 1965: Sup Ct affirmed: Pls' claim that project designed to further racial discrimination without evidentiary support; continuation in office of present legislators elected by malapportioned zones held constitutional.
531.17. Fresno Redevelopment Agency v Buckman (Calif Sup Ct) Def, ch of Urban Redevelopment Agency, refused to sign contracts necessary for $6.4 million project which agency had voted to undertake, on grounds Proposition 14, constitutional amdt passed 1964 by Calif voters, would make it impossible to insure freedom from discrimination as required by Fedl Regs. Calif Sup Ct agreed to hear Fall 1965.

Fred Okrand, Esq., 257 S. Spring St., Los Angeles.

And see 533.Cal.17, 533.Cal.26, .28, .29.

532. In Publicly Assisted Housing—FHA and VA
533. In Private Housing
Note: All cases in this category are now listed by states. Pending cases have all been renumbered.
533.Cal.17. Thomas v Alexander, Goulis, Paxinos (Calif Sup Ct) Facts: X DOCKET 73, 125, at 533.56. Apr 17, 1965: Sup Ct agreed to hear case on constitutionality of Prop. 14.

See consolidated cases at 533.Cal.26.

533.Cal.20. Wagner v O'Bannon (Pomona) (LA Co Super Ct, #East C-2148) Facts: X DOCKET 73, 126, at 533.65. Request for admission that Def's multiple listing service cards contain wording: "owner says do not show to Negroes" filed, admitted by Def. Pretrial conference pending.
533.Cal.22. Diaman & Howard v Shannon (San Francisco Muni Ct) Facts: X DOCKET 74, at 533.73. Mar 1966: trial.
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533.Cal.25. Washington v Manwed (San Francisco) (Muni Ct, #514226) Facts: X DOCKET 74, 126, at 533.82. Muni Ct held: Prop 14 does not allow real estate agents to discriminate without specific order of the owner. Pending.
533.Cal.26. Mulkey v Reitman (Calif Sup Ct) Facts: X DOCKET 126, at 533.85

and

533.Cal.28. Hall v Miller (Calif Sup Ct) Facts: X DOCKET 126, at 533.87

and

533.Cal.29. Grogan v Meyer (Calif Super Ct) Facts: X DOCKET 126, at 533.88. Apr 17, 1965: Sup Ct agreed to hear these 3 cases on constitutionality of Prop. 14, which allows home owners to discriminate in sale of certain housing, with 531.17, 533.Cal.17.
533.Cal.30. McEnany v Apartment House Bd of Govs (Los Angeles) (Super Ct) Pls attempted to sell their condominium to Negro buyers; Defs sought to implement agreement that Bd have first opportunity to buy. Apr 29, 1965: Pls sued alleging agreement was enforced only because prospective buyers were Negro, sought protection of Prop. 14 (Art 1, Sec 26, Calif Const) protecting absolute discretion in sale of property. Pending.
533.DC.2. District of Columbia v Ruark (Dist of Col Ct of Genl Sess, Cr #DC 2767-65) Jan 20, 1964: Defs offered to sell property to Negro purchaser at higher price than to whites; charged: violation of fair housing code. Defs moved to dismiss: Congress had not authorized Dist of Col Comm'rs to promulgate fair housing code; would have been unconstitutional delegation of power. Mar 19, 1965: Ct of Genl Sess overruled: Cong had authorized; constitutional.
533.Md.1. Barnes v Sind (CA 4) (223 F Supp 572, 341 F2d 676) Oct 9, 1961: Pl agreed to purchase home. Oct 10: Def seller returned down payment: Pl was Negro. Jan 9, 1962: After consultation with counsel, Def agreed to sell Pl substantially equivalent house. Oct 25: Def offered no satisfactory performance, Pl sued for specific performance, damages. Dec 6: DC entered preliminary injunction pendente lite restraining Def from selling house DC felt most nearly equivalent to original. Nov 12, 1963: DC found agreement definite and valid; ordered Def to convey house covered by injunction, awarded $1500 compensatory damages for failure to make sale at time set by agreement. Both parties appealed. Feb 5, 1965: CA vacated and remanded; specific performance innappropriate; found Pl had not intended to meet condition that he pay full contract price; damages sustained.
533.NJ.3. Conover v Packanack Lake Country Club & Comm Assn (Hackensack Super Ct) Pls resident members of Def residential community of 1300 families. Pls sued alleging Defs' restrict membership and right to own property to "northern European Christians," preventing sale to buyers of Pls' choice. Je 17, 1965: Ct ruled: (1) valid class suit of all Def's members; (2) Pls' can inspect Def's records; (3) overruled Def's motion to dismiss after Def agreed to except Pls from restrictions. Def's appeal pending.
533.NY.13. Kindt v Comm for Human Rights (Onondaga Co) (NY Sup Ct) (254 NYS 933, 10 RRLR 323) Mar 4, 1964: Commn found: Pls, apartment owners, refused to rent to couple because husband was Negro, issued order prohibiting further discrimination, Pls sought annulment. Jly 7: Sup Ct found: Commn findings supported by substantial evidence, upheld order except for portion directing Pls to make available to Commn records concerning all accommodations then or thereafter controlled by Pls as undue hardship.
533.Ohio.5. Terry v City of Toledo (Ohio Sup Ct) Facts: X DOCKET 74, 126, at 533.72. Cite: 205 NE2d 377.
534. Omnibus Suits to End Housing Segregation

534.2. Bratcher v Akron Bd of Realtors (formerly Hunter v) (ND Ohio, #65-205) Facts: X DOCKET 126. Def's motion to dismiss pending.

Jack Day, Esq., 1748 Standard Bldg., Cleveland; Norman Purnell, Esq., 1st Natl. Tower, Akron; Jay Topkis, Esq., 575 Madison Ave., NYC; NAACP Fund, Inc., 10 Columbus Circle, NYC; Henry Aronson, Esq., 507½ N. Farish St., Jackson, Miss.

535.4. Crowell v Isaacs (Oakland) (Calif Sup Ct) Facts: X DOCKET 75. Appeal pending.
535. Miscellaneous Housing Suits
540. Transportation — Racial Discrimination
541. In Interstate Facilities

541.Fla.4. Lamb v Hillsborough Co Aviation Auth (SD Fla, #4020-Civ-T) Facts: X DOCKET 75. Je 25, 1962: Case dismissed with prejudice.

Francisco Rodriguez, Esq., 2922 N. 11th St., Tampa.

541.Miss.1, .1a, .1b, .1c. Mississippi v Thomas, Farmer, "Freedom Riders (Jackson) (USSC #181) (85 S Ct 1327) Apr 26, 1965: USSC granted cert, reversed per curiam.
542. In Intrastate Facilities (and see 51, 54, 55, 58)
550. Miscellaneous Racial Discrimination (and see 42, 51, 54, 55, 58, 63)
551. In Recreational Facilities

551.Fla.6. Wimbish v Pinellas Co (CA 5, #21494) (342 F2d 804, 10 RRLR 291) Facts: X DOCKET 76. Feb 23, 1965: CA reversed, held Def's actions state action since Co had high degree of control over leased land and significant involvement in discrimination.
551.Ga.11. Ewing v City Council of Augusta (CA 5) Facts: X DOCKET 76. Dec 7, 1964: DC dismissed complaint. Appeal pending.

J. H. Ruffin, Esq., 930 Gwinette St., Augusta Ga.

551.Ga.12. Shields v Midtown Bowling Lanes (MD Ga, Albany Div, #853) Def refused to permit Pls Negroes to bowl because of race. Apr 25, 1965: Class suit filed, alleging Def's contests, exhibitions open to public, food at restaurant moves in interstate commerce, pinsetters made outside state, services offered to interstate travellers, jurisdiction under Title II, 1964 Civil Rights Act; 14th Amdt, Commerce Clause, 42 USC §1981, requests injunctive relief. Je 15: Pls filed requests for admissions, Def did not answer within 10 days. Jy 13: Pls moved for summary judgment under Rule 36, Fedl Rules of Civ Proc: failure to answer request for admissions admits truth of all matters therein. Pending.

C. B. King, Dennis J. Roberts, Esqs., Box 1024, Albany.

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551.Md.1. Drews v Maryland (Baltimore) (USSC, #1010) (368 US 894, 378 US 547) Facts: X DOCKET 76. Je 1, 1965: USSC, per curiam, denied cert, letting stand affirmance of convictions on remand. Warren, CJ, and Douglas, J, diss.
551.NJ.2. Fraser v Alvino (Trenton) (NJ Sup Ct) Pl filed applications for sons to enter Def's Robin Dee Day Camp after reading ads, later told by admissions clerk: "we do not accept colored." Complaint filed with NJ Civil Rts Div. At h'g, Def testified not personally prejudiced, admission of Negroes would injure business. Commn found children rejected solely because of race. May 17, 1965: Sup Ct upheld Commn's finding, ruled private day camp with wide range of educational, recreational facilities which advertised for customers a public accommodation subject to state antidiscrimination law.
552. In Dining Places (and see 51, 54, 55, 58)

552.Ala.12. Katzenbach v McClung (USSC) Facts: X DOCKET 77, 127. Cite: 379 US 294.
552.Ga.18. Sorrells v Bolton (Monroe) (MD Ga) Facts: X DOCKET 78. Jan 1965: DC ordered restaurant desegregated.

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

552.Ga.19. US v Bush (Dublin) (DC Ga) Je 4, 1965: Justice Dept filed suit against Def Restaurant owners for Ct order allowing Negroes to be served in their restaurants, under Pub Accomm Sec, 1964 Civil Rights Act. Pending.
552.Kan.1. Jackson v Dearmore (Kan Commn on Civil Rights, #PA 11-64) One evening, Def supper club refused to serve Pl Negro because not member, served non-member white. Pl filed complaint with State Commn. Mar 26, 1965: Commn entered consent order, admitting discrimination in violation of Kansas Act. Ordered Def cease and desist; offer equal opportunity for membership, privileges.
552.Kan.2. Matter of Jake Brown's Barbecue Club (Kan Commn on Civil Rights, #PA 12-64) Pl Negro cab driver refused service at Def restaurant allegedly because not member of club. Pl filed complaint. Feb 13, 1965: After h'g, Commn found Def's policy was to serve whites without membership, held: membership requirement subterfuge to discriminate; ordered: cease and desist; provide equal service regardless of race. Def appealed to Dist Ct; granted stay pending appeal.
552.Miss.. See Adickes, 552.NY.2.
552.NY.2. Adickes v SH Kress Co (SD NY, #64 Civ 3426) Aug 14, 1964: Pl, NY citizen, refused service at lunch counter of Def's (NY corp) store in Hattiesburg, Miss because in company of Negroes; on leaving premises, Pl arrested: vagrancy, tho had $50.08 in possession, permanent job in NYC. Pl sued: $50,000 damages for refusal to serve Pl, $500,000 for conspiracy with arresting police. Pending.

Eleanor Jackson Piel, Esq., 36 W. 44th St., NYC.

552.NC.4. Williams v North Carolina (Monroe) (NC Sup Ct, #443 or 495) (10 RRLR 106, 140 SE2d 529) Facts: X DOCKET 79, 127. Mar 3, 1965: Sup Ct denied motion.
552.SC.13. US v Perez, Williams, Metrakos (Camden) (DC SC) Je 4, 1965: Justice Dept filed suit for desegregation of Def's restaurants under Pub Accomm Sec, 1964 Civil Rights Act. Pending.
552.Va.9. Virginia v Harris (Hopewell) (USSC) Facts: X DOCKET 79. USSC remanded to Va Sup Ct to consider in light of recent USSC sit-in decisions. Pending.
552.Va.12. Williams v Lewis; Williams v Howard Johnson's (CA 4, ##9607, 9644) (342 F2d 727) Nov 4, 1960: Pl Negro sued for damages for allegedly being refused service in Def's restaurant. Pl filed 3 amended complaints; DC dismissed all. Sept 17, 1963: CA 4 vacated, remanded for more extensive hg on merits; rejected Pl's contention that state failure to afford legal remedy for private discrimination violated 14th Amdt. Aug 6, 1964: DC dismissed; no proof of state involvement; denied leave to amend because of extended litigation; held Pl abused Ct process by attempting further amdt; ordered Pl to pay $100 atty fees to Def's atty. Pl appealed and sought mandamus ordering DC to grant permission to file further amended complaint. Feb 4, 1965: CA 4 affirmed: no state involvement; writ denied; reversed order taxing Pl for counsel fees.
553. In Other Facilities (and see 42)

553.Ala.1. Alabama v Johnson (Talladega) (Sup Ct, 7th Div, #650 A, B) Facts: X DOCKET 79. Dec 10, 1964: Sup Ct reversed, upheld convictions, Pet for rehearing denied. Mar 30, 1965: Def's motion for stay of execution and petition for cert to USSC pending.

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

553.Ga.2. Heart of Atlanta Motel v US (USSC) Facts: X DOCKET 80, 128. Cite: 379 US 241.
553.Miss.4. In Matter of WLBT, WJTV (FCC) Apr, 1964: United Church of Christ, Aaron Henry and Robt. L. T. Smith petitioned FCC to allow Def TV station's licenses to expire for systematically ignoring needs, interests of Negro people in their service area. FCC staff investigation held. May 20, 1965: FCC (4-2) granted Def WLBT 1 yr probationary renewal; ordered it cease racial discrimination programming.
553.Tenn.2. Ford v Morris, Sheriff (Shelby Co) (WD Tenn) Facts: X DOCKET 129. Dec 1964: h'g on habeas petition; DC denied writ. Appeal pending.
554. In Hospitals
Form: Complaint in hospital desegregation suit, by Conrad D. Pearson and Jack Greenberg. CIVIL RIGHTS HANDBOOK pp 341-348.
554.Fla.1. Hayking v Flagler Hospital (St Augustine) (CA 5) (344 F2d 950, 10 RRLR 793) Facts: X DOCKET 80. May 6, 1965: CA affirmed judgment for Pls, held injunction not to apply to discrimination in dining rooms, toilets for Negro student nurses, employees. Jurisdiction retained.

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

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554.NC.2a. Eaton v Grubbs (ED NC) (329 F2d 710) Facts: X DOCKET 81. After desegregation order entered, hospital refused application of Negro, although another Negro physician placed on staff. Motion for contempt filed.
554.NC.7. Clayton v Person Co Memorial Hospital (MD NC, Durham Div, #C-137-D-64) (10 RRLR 348) Aug 25, 1964: Negro Pls brought suit to desegregate hospital facilities. Oct 28: DC entered consent order requiring all patients be admitted without regard to race, retained jurisdiction.
554.Va.1. Wood v Hogan (CA 4) (215 F Supp 53) Facts: X DOCKET 81. Case dismissed, conditions partially corrected.
554.Va.3. Bridges v Hampton Training School for Nurses (ED Va) Facts: X DOCKET 81. Apr, 1965: Defs filed motion for summary judgment claiming compliance with Tit VI, 1964 Civil Rights Act. Pls filed affidavits showing segregation still in effect. May 25: DC denied motion. Jy 27: trial.
554.Va.3a. Smith v Hampton (ED Va) Facts: X DOCKET 81. Apr 25, 1965: Def moved to dismiss on contract grounds. May 25: At h'g, DC requested further briefs on right of hospital to jury trial, right of Pls to recover for acts not expressly held invalid at time committed. Pending.

W.A. Smith, Esq., Hampton, Va.

555. In Government Facilities: Omnibus Suits
Form: Complaint for desegregation of public facilities, edited by Osmond K. Fraenkel. CIVIL RIGHTS HANDBOOK pp 351-357.
560. Family Matters—Racial, Religious Problems (see also 56, 426)
UN DECLARATION OF HUMAN RIGHTS: Art 16
561. In Marriage and Divorce

561.3. McLaughlin v Florida (USSC) Facts: X DOCKET 82, 129. Cite: 379 US 184.
561.6. Loving v Virginia (Va Sup Ct, #6166) Facts: X DOCKET 129. May 17, 1965: Petition for writ of error filed to prevent enforcement of Va penal statutes prohibiting interracial marriage. Pending.
562. In Adoption Proceedings
UN DECLARATION OF HUMAN RIGHTS: Art 25(2)
563. In Custody Proceedings

563.11. Eilers v Eilers (Louisville Cir Ct) Facts: X DOCKET 82. Sept. 29, 1964: Ct deprived wife of custody, committing children to Catholic home for orphaned children: mother disregarded welfare of her white children by taking them to live in Negro neighborhood with new husband, Negro. Home refused to accept children. Feb 25, 1965: Ct ordered them sent to Juvenile Delinquency center. Appeal noted.

James A. Crumlin, Esq., 608 W. Walnut St., Louisville, Ky.

564. In Miscellaneous Proceedings
570. Employment
Form: Complaint in employment discrimination suit, by Chester I. Lewis. CIVIL RIGHTS HANDBOOK pp 366-371.

Statistics: President's Comm on Equal Employment Opportunity. Washington 25, D.C.:

Total increase in employment from 1963 to 1964: in first 100 companies involved in Plans For Progress: 3%.

Total Non-white increase: 14.5%.

Non-white: salaried: 16.2%.

Non-white: hourly: 14.1%.

571. Racial Discrimination Against Teachers
And see 24.25, 24.26, 24.30, 24.35.
571.16. Rackley v School Dist #5 (ED SC) Teacher dismissed for activity in local desegregation movement. Sept 14, 1964: Suit filed to reinstate. Sept 2, 1965: H'g.

Matthew Perry, Esq., 1107½ Washington St., Columbia, S.C.

571.17. Moore v Bd of Educ (Pitt Co) (ED NC) May 27, 1965: Pl-Negro school teacher sought preliminary injunction to prevent dismissal allegedly resulting from decrease in demand due to transfer of Negro students to white schools. Pending.

Julius Chambers, Esq., 405½ E. Trade St., Charlotte, N.C.

571.18. Pls v School Bd (Giles Co) (DC Va) Pl Negro school teacher filed suit to contest firing of 7 Negro teachers in 1964 when Def closed its Negro schools, sent all students to white schools. Pending.
571.19. Matter of Alleged Unlawful Employment Practices of Board of Educ (Kansas City) (Kansas Comm on Civil Rights) Atty Genl filed complaint charging discrimination against Negro teachers in assignments, facilities, associations. Sept 1, 1964: H'g. March 10, 1965: Comm found allegations proved; ordered Bd cease and desist.
572. Racial Discrimination by Government Agencies

572.. Matter of Administration of Gov't Farm Programs (US Commission on Civil Rights) Feb 28, 1965: Commn found widespread discrimination against Southern Negro farmers in the administration of farm programs ranging from education to land conservation.
573. Racial Discrimination Involving Government Contracts
574. Racial Discrimination by Transportation Companies
Note: Many suits charging racial discrimination are brought against the union as well as the employer.
574.8. Cooks v Bro of Railway Carmen, Locals 991 and 783; and Texas and New Orleans RR Co (USSC, #943) (333 F2d 59, cd 85 S Ct 1336) Facts: X DOCKET 84. Nov 27, 1963: DC found no evidence of discrimination in recent years. Oct 19, 1964: CA 5 affirmed per curiam; evidence supported conclusions of fact and law. Apr 26, 1965: USSC denied cert.
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575. Racial Discrimination by Unions

575.20. NY Comm For Human Rights v Farell, Local 28 Sheet Metal Workers Intl (NY Co Sup Ct) (10 RRLR 268) Facts: X DOCKET 130. Petition for enforcement of agency order against Def for maintaining policy of exclusion of Negroes. Aug 24, 1964: Sup Ct approved plan ordering submission of statement of qualifications for admission to training program, standards used to test qualifications of applicants.

And see cases at 573., 574.

575.31. Tanner Motor Livery Ltd (Santa Monica, Calif) (CA 9) (148 NLRB 137) Summer 1963: 2 employees of Def Cab Co picket to force Co to hire Negroes: fired. Oct 4, 1964: NLRB ordered Co: (1) to cease and desist from discharging or threatening employees who protest racially discriminatory hiring policies, (2) to reinstate fired employees: protest was "labor dispute" under NLRA §2(9), picketing was concerted action protected by §7. May 6, 1965: CA 9 heard oral argument on petition for enforcement of the Board's order. Pending.

Ned R. Nelson, Esq., 3910 Oakwood St., Los Angeles.

575.32. Ambox, Inc and Dist 7, Intl Assn of Machinists, AFL-CIO (NLRB, # #23-CA-1604, 23-RC-2010) (146 NLRB 176) Pl union charged illegal conduct during election campaign by Co, including statement that if union prevailed Co would be required to hire Negroes, white employees would be forced to associate with them. Feb 13, 1964: trial examiner found: not unlawful threat, only statement of action conforming to national policy. May 16: NLRB sustained finding, entered cease and desist order based on other findings.
575.33. Hamm Brewing Co, Floyd Smith, Local 111, United Brewery Workers, AFL-CIO (NLRB # #23-CA-1645, 23-CB-487) (151 NLRB 42) Negro employee charged Union caused his discharge because of race, protests against segregated conditions. Jy 7, 1964: trial examiner found: Comp's discharge based on valid reasons unconnected with race, Union not presently engaged in discriminatory practices, Union engaged in unfair practices unrelated to racial factors, recommended cease and desist order. Mar 3, 1965: NLRB approved rulings, findings, adopted recommended order.
575.34. Archer Laundry Co v Laundry and Dry Cleaning Union, AFL-CIO (NLRB #5 RC-4522) (150 NLRB 139) Pl employer protested election won by Def union: campaign appealed to racial emotions of Negro employees. NLRB Reg Dir found campaign designed not to inflame racial hatred but to engender race consciousness; germane to issue of advantages, disadvantages of union; recommended: union be certified. Jan 8, 1965: NLRB adopted findings and recommendations.
575.35. Local 2, Plumbing and Pipefitting Workers (NLRB) City Commn on Human Rights ordered employer to hire 4 workers not in union. Union members refused to work with non-union members under preferential hiring clause giving union right to give examinations and judge competency. Trial examiner recommended union not be allowed to refuse to work on this ground. NLRB accepted recommendation. Appeal pending.
575.36. Cargo Handlers, Inc; Intl Longshoremen's Assn; Sampson (NLRB #5-CA-3134, 5-CB-633) Comp charged unfair labor practice in employer-union exclusive hiring agreement, refusal to refer and hire complainants because of race. Aug 3, 1965: H'g. Aug 6: cases consolidated. Pending.
576. Other Racial and Religious Discrimination
And see 63.3, 63.3a, 63.4, 63.32.
576.20. Connecticut Commn on Civil Rights v Scovill Co (New Haven Co Super Ct, #104797) Facts: X DOCKET 85. Defs appealed: procedural errors, lack of substantial evidence. Mar 9, 1965: Super Ct affirmed: held complaint timely, refused to substitute its judgment and discretion for Commn's; dismissed. Appeal.
576.24. New York v Schurkman. Facts: X DOCKET 131. See report at X DOCKET 164, at 590s.
576.25. Midwest Employers Council v Omaha (Neb Sup Ct, #35734) (131 NW2d 609) Pls, taxpayers, businessmen, sued to enjoin enforcement of city ordinance prohibiting racial discrimination in hiring. Trial ct ruled: city has power to pass; ordinance valid except for separable penal provisions. Dec 4, 1964: Sup Ct reversed: order invalid in entirety; City not vested with legislative power over fair employment, civil rights; State preempted field of labor relations.
577. Nationality Discrimination
578. Sex Discrimination
UN DECLARATION OF HUMAN RIGHTS: Art 23(2)
579. Age Discrimination
580. Civil Actions Under Civil Rights Law Not Otherwise Covered (see 551-555, and 304, 590)
590. Criminal Prosecution Under Civil Rights Laws (see 304, and 580)
Report: Southern justice: An indictment. ACLU and Southern Regional Council, 5 Forsyth St., Atlanta. 31 pp. 1965.
576.24. New York v Schurkman, McLinskey (NY Sup Ct, 1st Jud Div, # #4456-64, 4457-64) Facts: X DOCKET 131, at 576. Apr 28, 1965: Def Schurkman, atty for Jayco Air Conditioning Co, pleaded guilty to conspiracy to have Negro fired on insructions from Steamfitters Union. Def McLinskey, 72, former Union business agent, judged insane, committed to hospital. June 14: sentencing.
590.7. US v Hubbard (ED Mich) Facts: X DOCKET 131. Je 24, 1965: jury acquitted Def mayor, 2 police aides of conspiring to deny, withhold protection to white householder mobbed by whites who mistakenly believed he had let home to Negroes.

And see Hubbard, 555.Mich.1.

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590.11. Alabama v Hoggles, Hoggles, Cook (Selma) (Dallas Co) Apr 13, 1965: Def indicted by grand jury for murder of Rev Reeb under state law, tried: hung jury. Retrial pending.
590.12. Alabama v Wilkins, Thomas, Eaton (Hayneville) Defs indicted in state ct for murder of Mrs. Liuzzo, Selma civil rights marcher. Defense presented 23 minutes of testimony. Acquitted.
590.13. US v Guest (MD Ga, Athens Div, #2232 Cr) 1964: Fedl grand jury indicted Def white men for conspiracy to deny civil rights of Negroes, under 28 USC §241, as result of murder of Lemuel Penn. Dec 29: DC granted Defs' motion to dismiss; held: (1) Act does not protect against conduct which interferes with rights protected against state abridgement by 14th Amdt, only rights, privileges enjoyed by citizens generally as incidents of fedl citizenship, (2) rights to full, equal enjoyment of all facilities, accommodations, streets, interstate highways, to equal utilization of all public facilities, and equal enjoyment of other rights enjoyed by whites, not within purview of statute, (3) rights enumerated in 1964 Civil Rights Act afford no basis for relief because directly traceable to 14th Amdt, remedy provided therein, (4) right to travel within state, use instrumentalities of interstate commerce incident of state citizenship, not fedl, (5) if statute construed to cover rights other than substantive rights of fedl citizenship, void for vagueness. Appeal to USSC pending.

U.S. Attorney Floyd Buford, Esq.

600. Suits Involving Constitutional Rights of American Indians
601. Civil Actions Between Individual Indians and Indian Tribes
602. Civil Actions Against Reservation Indians
603. Criminal Actions Against Indians on Reservations
604. Actions Involving Property Rights
605. Condemnation of Land of American Indian Reservations

605.2. US v Seneca Nation (CA 2) Facts: X DOCKET 132. Correction: Defs did not consent to taking of reservation land: issue conceded in view of CA decision in Seneca Nation v Brucker, 262 F2d 27; Army decided to assist state in acquiring easement for road unrelated to Kinzua Dam project. Defs argued violation of Treaty of Nov 11, 1794.

Arthur Lazarus, Jr., Esq., 1700 K St. NW, Washington, DC.